HomeMy WebLinkAbout2024 06.04 City Council Regular Agenda City of Apache Junction, Arizona Meeting location:
City Council Chambers
at City Hall
Agenda 300 E.Superstition Blvd
Apache Junction,AZ
City Council Meeting 85119
apachejunctionaz.gov
Ph:(480)982-8002
Doors are open to the public at least 15 minutes prior to the
posted meeting start time.
Tuesday,June 4,2024 7:00 PM City Council Chambers
A. CALL TO ORDER
B. INVOCATION AND PLEDGE OF ALLEGIANCE
C. ROLL CALL
D. CONSENT AGENDA
The council may, at this time, take single action on any or all items listed as consent agenda items.
These may include, but are not limited to, acceptance of agenda, acceptance of minutes, appointments,
acceptance of resignations and adoption of certain resolutions and other items which do not require a
public hearing. The consent agenda is a timesaving device of which the mayor and city council is to
receive documentation on these items from the city manager for their review prior to the meeting. Any
member of the council may remove any item from the consent agenda for discussion and cause a
separate vote on the matter later in the agenda.
1. 24-459 Consideration of acceptance of agenda.
Sponsors: Jennifer Pena
2. 4-4 7 Consideration of approval of minutes of the special meeting of May 20,
2024.
Sponsors: Jennifer Pena
Attachments: SP CCMIN 2024 05 20 MINUTES CRAFT
3. 24-458 Consideration of approval of minutes of the regular meeting of May 21,
2024.
Sponsors: Jennifer Pena
Attachments: CCMIN 2024 05 21 MINUTES DRAFT
City of Apache Junction,Arizona Page 1 Printed on 513012024
City Council Meeting Agenda June 4.2V24
4^ 24-412 Consideration of approval of Mears Group. Inc. Broadband
Infrastructure Project using the master agreement for fiber
connections ata cost of$1.151.005.0Ohube paid using American
Rescue Plan Act funding.
Sponsors. DougYYirthgan
Attachments: Mears ARPA Broadband Infrastructure Memo
WO#3 for ARache Junction-Ironwood Drive Extension--_Apac
5. 24±414 Consideration of approval of Mears, Inc. retroactive approval for critical
fiber project from water district treatment plant on Ironwood Drive ho
public works yard and animal control buildings ata cost of$327.G72.U0
using American Rescue Plan Act funding.
Sponsors. DougYYidhgun
Attachments: Mears Duct Hand hold_E[qj!���
6' 24z4. 8 Consideration of approval of Resolution No. 24-1Q. allowing the city to
enter into an Intergovernmental Agreement with the East Valley Critical
Incident Response Team.
Sm,mmus: N1iohae| Poo|ey
Attachments:
7' 24-466 Consideration of approval of Case P-23-128-ART. a public art mural by
artist Paige Rooaor, along the eastern vvaU of the now multifamily
development known ao The Residences mt Apache Trail, located on
the southwest corner of Broadway Avenue and Tomahawk Road.
Sponsors: Erika Hernandez
Attachments:
Recommende
Application Materials,pdf
P-23-128-ART Staff Memo 5.20.24.pdf
P-23-128-ART Staff Report 4,3,24.pdf
P-23-128-ART PAC Staff Report 3-11-24.pdf
E. AWARDS, PRESENTATIONS AND PROCLAMATIONS
Awards,presentations from other organizations,proclamations issued by the mayor and
acknowledgement of distinguished guests and visitors, and staff presentation of receipt of grant o/
donated funds are permitted atthis time.
City vr Apache Junction,Arizona Page nmmd on 513012024
City Council Meeting Agenda June 4,2024
F. REGIONAL INTERGOVERNMENTAL UPDATES
The mayor or any member of council may at this time present a brief summary of any regional
intergovernmental updates. However, no discussion shall take place on such items except for clarifying
comments related to substance, time and location.
8. 24-40 Brief summary of intergovernmental updates from mayor and
councilmembers.
Sponsors: Chip Wilson
G. CITY MANAGER'S REPORT
The city manager, members of city staff or those individuals designated by the manager may present
information pertinent to items under consideration or information related to the operation of the city. There
shall however be no discussion at this time except for clarification inquiries.
9. 24-461 City Manager's Report.
Sponsors: Bryant Powell
10. 4-462 Announcement of Current Events.
Sponsors: Eli Richardson
H. PUBLIC HEARINGS
Public hearings required by applicable law shall be conducted by the council and any person shall be
given the opportunity to speak.All remarks shall be addressed to the council as a whole and not to any
member thereof. Such remarks shall be limited to five(5)minutes unless additional time is granted by
the mayor. This time limitation shall not apply to applicants and their agents appearing before the council.
11. 24-441 Public Hearing and consideration of approval of Resolution No. 24-18,
adopting tentative budgets and estimates of assessments of the
Apache Junction Street Lighting Improvement Districts for Fiscal Year
2025.
Sponsors. Angelie Hawley
Attachments: Resolution No.24-18 SLID Budgets-FY 2025
1. OLD BUSINESS
The council shall consider any business that has been previously considered and which is still unfinished
to include those items previously postponed or tabled. No member of the public shall be permitted to
speak on these items unless invited to do so by the mayor after first submitting a written
request-to-speak form with the city clerk.
12. 24-40 Continued discussion and possible consideration of Fiscal Year
2024-2025 Health and Human Services funding recommendations.
Sponsors: Jennifer Pena
Attachments: Staff Memo HHSC 024-25 6A4 2024
Council 80K 90K calculation and fundin allocations
Comparison fable
Fundin surnrna
City of Apache Junction,Arizona Page 3 Printed on 513012024
City Council Meeting Agenda June 4,2024
J. NEW BUSINESS
The council shall consider any business not yet considered. No member of the public shall be permitted
to speak on these items unless invited to do so by the mayor after first submitting a written
request-to-speak form with the city clerk.
K. COUNCIL DIRECTION TO STAFF
This item allows the mayor and city council to direct staff on specifically listed matters.
L. SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES
M. CALL TO PUBLIC
At this time the public has the privilege to address the council with requests, communications, comments
or suggestions relating to city business.All speakers must have already submitted a written "Request to
Speak"form to the city clerk no later than the conclusion of the city manager's report portion of the
agenda. If there is a group speaking on the same item, they should select a spokesperson.All such
remarks shall be addressed to the council as a whole and not to any member thereof. The mayor is
authorized to ask a speaker to stop speaking and leave the podium or to adjourn the meeting if anyone
becomes disorderly, uncivil, makes personal attacks or continues to speak about items that are not
within the jurisdiction of the city after being warned such issues are beyond the jurisdiction of the city to
act. The council may not answer questions of the speaker, discuss the matter with one another, but may,
at the conclusion: 1)respond to criticism by a speaker,•2)ask the city manager to review a matter,•3)
ask the city manager to place the matter on a future agenda. Each speaker must approach the podium,
speak into the microphone,provide their name and address. There is a three(3)minute time limit per
speaker.
N. ADJOURNMENT
Copies of this agenda and additional information on any of the items listed above may be obtained from
the City Clerk's office located at 300 E Superstition Blvd,Apache Junction,AZ 85119, Monday through
Thursday from 7:00a-6:00p, excluding holidays.
The City of Apache Junction invites and welcomes people of all abilities to use our programs, sites and
facilities. Specific requests may be made by contacting the Human Resources Office at(480)474-2617
or TDD(480)983-0095.
The Apache Junction City Council may vote to go into Executive Session for legal advice on any item
listed on this agenda pursuant to A.R.S. §38-431.03(A)(3);this notice is given pursuant to A.R.S. §
38-431.02 to the members of the City Council and the public.
City of Apache Junction,Arizona Page 4 Printed on 513012024
City of Apache Junction, Arizona 300 E Superstition
Boulevard
Agenda Item Cover Sheet Apache Junction,AZ
85119
Agenda Item No. 1.
File ID: 24-459
Sponsor:Jennifer Pena Agenda Date:6/4/2024
Index: In Control: City Council Meeting
Consideration of acceptance of agenda.
City of Apache Junction,Arizona Page 1 Printed on 513012024
City of Apache Junction, Arizona 300 E Superstition
Boulevard
Agenda Item Cover Sheet Apache Junction,AZ
85119
Agenda Item No.2.
File ID: 24-457
Sponsor:Jennifer Pena Agenda Date:6/4/2024
Index: In Control: City Council Meeting
Consideration of approval of minutes of the special meeting of May 20, 2024.
City of Apache Junction,Arizona Page 1 Printed on 513012024
City of Apache Junction, Arizona Meeting location:
City Council Chambers
Meeting Minutes at City Hall
300 E Superstition Blvd
Special Meeting of the Apache Apache Junction,AZ
p g p 85119
Junction City Council
apachejunctionaz.gov
Ph:(480)982-8002
Doors are open to the public at least 15 minutes prior to the
posted meeting start time.
Monday,May 20,2024 7:00 PM City Council Chambers
A. CALL TO ORDER
Mayor Wilson called the meeting to order at 7:12 p.m.
B. ROLL CALL
Present 7- Mayor Wilson
Vice Mayor Schroeder
Councilmember Cross
Councilmember Heck
Councilmember Johnson
Councilmember Nesser
Councilmember Soller
Staff in Attendance:
Bryant Powell, City Manager
Matt Busby, Assistant City Manager
Joel Stern, City Attorney
Michael Pooley, Police Chief
Rudy Esquivias, Development Services Director
Ted Wolff, Public Works Director
Liz Langenbach, Parks& Recreation Director
Pam Harrison, Library Director
Angelie Hawley, Finance Director
Anna McCray, Human Resources Director
Mike Loggins, Water District Director
Kayla Fulmer, Marketing and Communications Director
Doug Wirthgen, Information Technology Director
A. Doug LaSota, Municipal Judge
Evie McKinney, Deputy City Clerk
Erika Hernandez, Associate Planner
Emile Schmid, City Engineer
Connie Chow, Finance Controller
C. CONSENT AGENDA
D. AGENDA ITEMS
City of Apache Junction,Arizona Pagel
Special Meeting of the Apache Meeting Minutes May 20,2024
Junction City Council
E. PUBLIC HEARING
1. 24-278 Presentation, discussion, public hearing, and consideration of approval
of Resolution No. 24-13, adoption of tentative budget for Fiscal Year
2024-2025. This resolution adopts the tentative budget for Fiscal Year
2024-2025 and sets the date, time and location for a public hearing on
final budget adoption and declares an emergency.
Councilmember Soller moved,seconded by Councilmember Nesser that Resolution No.24-13,a
resolution of the mayor and city council of the City of Apache Junction,AZ,for the adoption of the
tentative budget for the City of Apache Junction,AZ for fiscal year 2024-2025, herewith setting
forth the tentative estimates for the monies necessary for the public expenses and giving notice
of the time and place for hearing taxpayers for the adoption of the final budget,and declaring an
emergency be approved.
Yes 7- Mayor Wilson,Vice Mayor Schroeder,Counci[member Cross,Councilmember
Heck,Council member Johnson,Council member Nesser and Councilmember Soller
No 0
Assistant City Manager Matt Busby introduced Resolution No. 24-13 and stated this presentation
had been shared 2 weeks prior at the work session. Council did not request any further
presenting.
Mayor Wilson opened the Public Hearing. Receiving no comments the Public Hearing was
closed.
2. 24-435 Presentation, discussion, public hearing, and consideration of approval
of Resolution No. 24-16, declaring as a public record and adopting
certain documents filed with the city clerk entitled "City of Apache
Junction Civilian Classification and Compensation Plan for Fiscal Year
2024-2025" and "City of Apache Junction Recruit and Sworn
Compensation Plan for Fiscal Year 2024-2025"; and declaring an
emergency.
Councilmember Cross moved,seconded by Councilmember Heck that Resolution No.24-16,a
resolution of the mayor and city council of the City of Apache Junction,AZ,declaring as a public
record and adopting certain documents filed with the city clerk entitled City of Apache Junction
Civilian Classification&Compensation Plan for Fiscal Year 2024-2025 and City of Apache Junction
Recruit and Sworn Compensation Plan for Fiscal Year 2024-2025 and declaring an emergency be
approved.
Yes 7- Mayor Wilson,Vice Mayor Schroeder,Councilmember Cross,Councilmember
Heck,Council member Johnson,Council member Nesser and Councilmember Soller
No 0
Assistant City Manager Matt Busby introduced Resolution No. 24-16. He briefed the Mayor and
Council on the purpose of this resolution and the Public Safety Personnel Retirement System
Pensions Funding Policy. He suggested both of these items could be handled under one Public
Hearing, with a separate motion for each item.
Mayor Wilson opened the Public Hearing for both items. Receiving no comments, the Public
Hearing was closed.
City of Apache Junction,Arizona Page 2
Special Meeting of the Apache Meeting Minutes May 20,2024
Junction City Council
3. 4-425 Presentation, discussion, public hearing, and consideration of approval
of the City of Apache Junction's Public Safety Personnel Retirement
System (PSPRS) Pension Funding Policy.
Councilmember Heck moved,seconded by Councilmember Soller that the City of Apache
Junction's Public Safety Personnel Retirement System Pension Funding Policy be approved.
Yes 7- Mayor Wilson,Vice Mayor Schroeder,Councilmember Cross,Councilmember
Heck,Council member Johnson,Council member Nesser and Councilmember Soller
No 0
Discussion for this item was addressed with Resolution No. 24-16 above.
F. OLD BUSINESS
G. NEW BUSINESS
H. ADJOURNMENT
Mayor Wilson adjourned this meeting at 7:20 p.m.
City of Apache Junction,Arizona Page 3
Special Meeting of the Apache Meeting Minutes May 20,2024
Junction City Council
ACCEPTED THIS DAY OF 2024, BY THE MAYOR AND CITY
COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA.
SIGNED AND ATTESTED TO THIS DAY OF 2024.
WALTER"CHIP"WILSON
Mayor
ATTEST:
JENNIFER PENA
City Clerk
CITY COUNCIL MINUTES
CERTIFICATION
I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the
special meeting of the City Council of the City of Apache Junction, Arizona, held on the
day of , 2024. 1 further certify that the meeting was duly
called and held and that a quorum was present.
Dated this day of 12024.
JENNIFER PENA
City Clerk
City of Apache Junction,Arizona Page 4
City of Apache Junction, Arizona 300 E Superstition
Boulevard
Agenda Item Cover Sheet Apache Junction,AZ
85119
Agenda Item No. 3.
File ID: 24-458
Sponsor:Jennifer Pena Agenda Date:6/4/2024
Index: In Control: City Council Meeting
Consideration of approval of minutes of the regular meeting of May 21, 2024.
City of Apache Junction,Arizona Page 1 Printed on 513012024
City of Apache Junction, Arizona Meeting location:
City Council Chambers
Meeting Minutes at City Hall
300 E.Superstition Blvd
CityCouncil Meeting Apache Junction,AZ
g 85119
apachejunctionaz.gov
Ph:(480)982-8002
Doors are open to the public at least 15 minutes prior to the
posted meeting start time.
Tuesday,May 21,2024 7:00 PM City Council Chambers
A. CALL TO ORDER
Mayor Wilson called the meeting to order at 7:00 p.m
B. INVOCATION AND PLEDGE OF ALLEGIANCE
Councilmember Soller gave the invocation and Councilmember Johnson led the meeting
attendees in the Pledge of Allegiance.
C. ROLL CALL
Present: 7- Mayor Wilson
Vice Mayor Schroeder
Councilmember Nesser
Councilmember Heck
Councilmember Johnson
Councilmember Cross
Councilmember Soller
Staff in Attendance:
Bryant Powell, City Manager
Matt Busby, Assistant City Manager
Joel Stern, City Attorney
Michael Pooley, Police Chief
Kayla Fulmer, Marketing & Communications Director
Rudy Esquivias, Development Services Director
Ted Wolff, Public Works Director
Liz Langenbach, Parks& Recreation Director
Evie McKinney, Deputy City Clerk
Sidney Urias, Interim Planning Manager
Kelsey Schattnik, Planner
Misty Moseley-Helber, Grants and Community Development Administrator
D. CONSENT AGENDA
Councilmember Heck moved,seconded by Councilmember Nesser to approve the Consent
Agenda.
Yes: 7- Mayor Wilson, Vice Mayor Schroeder, Councilmember Nesser, Councilmember
Heck, Councilmember Johnson, Councilmember Cross and Councilmember
Soller
No: 0
City of Apache Junction,Arizona Page 1
City Council Meeting Meeting Minutes May 21.2V24
1' Consideration of acceptance ofagenda.
2. 24-419 Consideration 0f approval 0f minutes 0f the special meeting Of May M,
2024.
3. 24-342 Consideration Of approval 0f minutes of the regular meeting Of May 7'
2024.
4' 24-410 Consideration Of approval Of the second amendment tO the professional
services agreement between City of Apache Junction and Central
Arizona Council on Developmental Disabilities.
5. 24-416 Consideration of approval of Resolution No. 24-20, authorizing the City of
Apache Junction to enter into an intergovernmental agreement with
Apache Junction Unified School District#43 for grant-funded School
Resource Officers.
G. 24-432 Consideration Of approval Of Resolution 24-21, adopting the budget for
Fiscal Year 2O24-2O25 for Streetlight Improvement District No. 2O21-02
Coyote Crossing subdivision.
7. 24-4C33 CODSid0[8tiOD of approval Of Public Works Capital Improvement P|8D for
Fiscal Years 2U25 through 2028.
E. AWARDS, PRESENTATIONS AND PROCLAMATIONS
F. REGIONAL INTERGOVERNMENTAL UPDATES
8. 24-343 Brief summary Of intergovernmental updates from mayor and
COuOCi|0e0be[S.
Councilmember Soller shared photos of an annual event he recently attended in Washington
D.C.' aohe represented Arizona's fallen law enforcement officers. He gave recognition toan
officer from Tucson killed in the line of duty this year, whose name will be engraved on the
memorial next year. This year, Arizona only had a historical name mentioned during the
ceremony, Russel Ounoan, who died during atnoining accident in 1983. Mr. So||erpreuenb*d
Chief Poo|eywith a memorial coin and an etching of Officer Dunoan'o name from the memorial
wall.
Mayor Wilson, along with 2 other Councilmembers, attended a presentation held at Earth Heart
Park, where the local Fry'o Food and Drug Store gave funds for the community garden hube
expanded, and the area enhanced. He also attended an event and shared photos of the new
development of the additional gates at Phoenix Mesa Gateway Airport. There are now 11
operational gates on the north side of the airport. Mayor Wilson also mentioned the "Best of
Arizona Award"was awarded to the Phoenix Mesa Gateway Airport from the Arizona
Association for Economic Development, recognizing it for unequal dedication to economic
development in the state of Arizona. The Airport was also recognized for outstanding growth.
City vr Apache Junction,Arizona Page
City Council Meeting Meeting Minutes May 21,2024
G. CITY MANAGER'S REPORT
9. 24- 44 City Manager's Report.
City Manager Bryant Powell shared photos of the successful Open House regarding the
downtown master strategy planning process, where over 100 were in attendance. He also
thanked the Mayor, City Councilmembers and the community for their participation.
Mr. Powell introduced Kayla Fulmer, Director of Marketing &Communications.
Ms. Fulmer shared she has been a lifelong Arizona resident and has worked in this Pinal County
region most of her career life. She is very excited to be here, and is ready to amplify the Apache
Junction story by showcasing the bright future for the City.
10. 24-437 Announcement of Current Events.
Assistant City Manager Matt Busby shared the following events:
* Coffee With A Cop- May 22, 2024, 8:00 a.m. - 10:00 a.m., Gravity Coffee,
1525 W. Apache Trail, Apache Junction, AZ
*Summer Kick Off Pool Party- May 24th, 2024, 6:00 p.m. -8:00 p.m.,
1091 W. Southern Avenue,Apache Junction, AZ
H. PUBLIC HEARINGS
11. 24-420 Conduct a public hearing to receive input and discuss potential projects
for the utilization of Fiscal Year 2024 ("FY24") Community Development
Block Grant ("CDBG") Regional Account ("RA")funds and State Special
Project ("SSP")funds.
Grants Administrator Misty Moseley presented the objectives of the Community Development
Block Grant, (CDBG) and requested input from the public for potential projects these funds
could be used to address. She shared project examples of eligible funding uses, and recapped
past projects completed by use of these funds. Current funding and past awards of funding
were shared, and the current funding to be allocated is a total of$169,215.00,which is split with
a partnership with Gila County, making the total to each entity$84,607.00
State Special Project Funding is an additional grant that the City can apply for up to
$750,000.00. This application is due August 20, 2024, and is only available to smaller
communities such as Apache Junction. Various project ideas were shared from staff.
Ms. Moseley concluded her presentation with the timeline of the grant process, and offered the
Grievance Procedure for ADA Accessibility& Civil Rights Complaints procedure and policy,
which is listed on the city website.
Mayor Wilson opened the Public Hearing.
Steven Harshman,Apache Junction, suggested using these funds for infrastructure along East
Junction Street, that would benefit senior residents as well as new residents coming to the
surrounding development.
City of Apache Junction,Arizona Page 3
City Council Meeting Meeting Minutes May 21,2024
Sheryl Bigelow, 2200 N. Delaware Drive, Apache Junction, shared a brief description of the
CDBG Entitlement Program, and offered her suggestions to using these funds for a safe
overnight parking lot or a temporary shelter for the unsheltered.
Mayor Wilson closed the Public Hearing.
12. 24-421 Presentation, discussion, public hearing and consideration of Resolution
No. 24-09 (case P-23-64-GPA), requested by Jason Barney and John
Hartman with Olsen Recker/Guadalupe Properties LLC, and represented
by Greg Davis with [plan Consulting for a proposed major general plan
land use map amendment to redesignate 18 acres at the southeast
corner of US-60 and Goldfield Road from Commercial to High Density
Residential. (This is the companion case to Rezoning Case
P-23-63-PZ).
Councilmember Johnson moved,seconded by Vice Mayor Schroeder that Resolution No.24-09,
amending the Major General Plan be denied,due to the fact the current zoning was voted on and
approved by the citizens,and should only change if the voters are given a choice in this matter.
Yes: 7- Mayor Wilson, Vice Mayor Schroeder, Councilmember Nesser, Councilmember
Heck, Councilmember Johnson, Councilmember Cross and Councilmember
Soller
No: 0
Mayor Wilson announced agenda items 12, 13 and 14 all relate to the same topic, Silveray
Development. After staff presentation is complete, the Public Hearing will be opened for all
three items, but each item will require a separate motion.
Senior Planner Kelsey Schattnik recapped a previously shared presentation for this proposed
development, which includes a major General Plan Amendment, a rezoning request and a
re-plat of existing commercial subdivison.
She summarized P-23-63-PZ is a Planned Development(PD) Rezoning request by Greg Davis
with (plan Consulting, representing the property owner, Jason Barney with Olsen
Recker/Guadalupe Properties LLC, to rezone approximately 18 acres from General Commercial
by Planned Development("B-1/PD") (Ordinance No. 1144)and B-1/PD (Ordinance No. 1146)to
High Density Multiple-Family Residential by Planned Development("RM-2/PD") near the
southeast corner of the US-60 and Goldfield Road. The subject site is proposed to be developed
with approximately 271 rental units to be known as Silveray on Goldfield.
P-23-64-GPA is a proposed Major General Plan Amendment of APNs 103-01-0110,
103-01-0130, 103-01-0140, 103-01-0150, 103-01-0160, 103-01-0170 and 103-01-0180, located
near the southeast corner of Goldfield Rd. and US-60,from Commercial to High Density
Residential (40 du/ac).
Planning &Zoning Commission Hearing and Recommendation:
Due to the requirements for a Major General Plan Amendment, the Planning and Zoning
Commission held two (2) public hearings for these cases. The General Plan requires that these
meetings be held in two (2)different locations.
City of Apache Junction,Arizona Page 4
City Council Meeting Meeting Minutes May 21,2024
The Planning and Zoning Commission held the first public hearing for P-23-63-PZ&
P-23-64-GPA on March 26, 2024, in the Superstition Fire and Medical District's Board Room,
located at 565 N. Idaho Road, Apache Junction, AZ.At this meeting, Staff made a presentation
and introduced the preliminary recommended conditions of approval for the Planned
Development Rezoning and Major General Plan Amendment. The applicant also made a
presentation and answered questions asked by the Commission.
Eight(8) residents of Golden Vista Resort spoke during this meeting. Their primary concerns
included:
1. The two-story height of the development
2. Water pressure concerns
3. Increased density
4. Property value concerns
5. Maintaining commercial land
6. Increased traffic
The Planning and Zoning Commission held a second public hearing for P-23-63-PZ&
P-23-64-GPA on April 23, 2024. Both Staff and the applicant gave a presentation.
Five (5) residents spoke during this meeting. Their primary concerns included:
1. The two-story height of the development
2. The desire for commercial development at this site.
3. Increased density.
Ultimately, the Planning and Zoning Commission voted 4-3 to recommend approval of
P-23-63-PZ& P-23-64-GPA, subject to the conditions of approval that were recommended in
the Staff Report, dated April 23, 2024, with the elimination of Project Specific Condition Numbers
1 &2.
Project Specific Condition No. 1 would have required the developer to reserve 5 acres on the
north side of Resort Boulevard to remain commercial. Project Specific Condition No. 2 provided
a list of General Commercial Uses that would not be permitted.
The commissioners who voted in favor of the proposed development discussed the following:
1. The benefit of developing a historically vacant property.
2. The benefit of adding additional rooftops.
3. Whether this site is viable for commercial use and noted that the approved development
plan has been in existence for 20+years and has yet to be developed.
4. Recent trends of commercial development.
5. Not wanting to keep commercial property that may never develop.
The commission members who voted against the proposal discussed:
1. The desire of an ownership product at this site as opposed to a rental product.
2. The lack of desire to continue changing the voter approved General Plan.
3. The concern of changing commercial to residential.
4. Concerns regarding the lack of affordability with market rate housing.
City of Apache Junction,Arizona Page 5
City Council Meeting Meeting Minutes May 21,2024
Staff Recommendation:
Staff is recommending approval of cases P-23-63-PZ and P-23-64-GPA subject to the full list of
conditions found within the Planning and Zoning Commission staff report, including Project
Specific Conditions 1 and 2, which are described below:
1) Lot Numbers 1, 3, 4 and 5 of the existing Superstition Falls Subdivision shall remain zoned
General Commercial by Planned Development("B-1/PD").
2)The permitted uses in the B-1 zoning district shall be those which are permitted by Zoning
Ordinance, Article 1-5, § 1-5-3: Non-Residential Use Regulations, except that the following uses
shall not be permitted herein:
Motor vehicle dealer(new or used vehicles; and similar uses);
Thrift store/used merchandise sales;
Medical marijuana facilities and dual licensees;
Swap meets;
Tattoo and/or piercing services;
Death care services/funeral homes;
Commercial parking lots and garages;
Check cashing stores;
Psychiatric and substance abuse facilities;
Nursing and residential care facilities;
Homeless shelter;
Community food and relief services;
Commercial equestrian boarding, rentals, arenas and academies;
Cemeteries/mausoleum;
Scenic and sightseeing terminal/parking;
Assisted living facility;
Group care home;
Multi-family residential (including apartments, condominiums or townhouses);
Similar uses designated by the Development Services Director not conducive to the City's and
community's goals and objectives for successful community commercial development.
Recap of City Council Work Session -May 6, 2024:
On May 6, 2024, the City Council reviewed cases P-23-63-PZ and P-23-64-GPA at a work
session. This item was for presentation and discussion only. The Council primarily had
questions regarding the proposed size and location of commercial zoning being recommended
by Staff, why Pinal County was opposed to the General Plan Amendment, and details as to why
surrounding residents were opposed to the project.
There are three primary options for this Site based on Staff recommendation:
1. Approval of General Plan Amendment and Rezoning as proposed by the developer and
recommended by Planning Commission (entire property rezoned to residential)
2. Approval of General Plan Amendment and Rezoning as recommended by Staff
(preserve 5 acres for commercial use)
3. Denial of General Plan Amendment and Rezoning (current zoning would remain in place)
Ordinance Nos. 1144 and 1146 remain active.
Proposal that meets the intent of the approved Ordinance may be allowed to develop
without public process. Proposals that divert from the approved Ordinances may require
public process.
City of Apache Junction,Arizona Page 6
City Council Meeting Meeting Minutes May 21,2024
Major General Plan Amendment:
A Major General Plan Amendment requires a 2/3 majority vote (5 out of 7)of the Council for
approval. If the general plan amendment is not approved, the rezoning case cannot be
approved.
Ms. Schattnik thanked the developer and team for their partnership through this process, and
commended them for their work on the project over the past few years. She shared they have
been great to work with and they have worked hard to produce the best project for this area.
She then invited Developer Jason Barney to share his presentation.
Jason Barney with Olsen Recker/Guadalupe Properties LLC presented the following:
Purpose of Request:
This narrative accompanies a request for formal application review of a Major General Plan
Amendment(GPA)and a Planned Development(PD) rezoning for approximately 18 acres of
vacant land located on the east side of Goldfield Road, immediately south of US60 within the
City of Apache Junction. The property has an existing General Plan land use classification of
Commercial and a zoning designation of B-1/PD which is proposed to be changed respectively
to a classification of High Density Residential (HDR)and zoning designation of RM-2/PD
(multi-unit residential)for the purpose of replacing the current PD development plan of a hospital
complex along with offices, hotels, and restaurants, with a proposal for an approximately 15
DU/acre rental home residential neighborhood of 271 units (Site Plan currently shows 269 units
but site can accommodate up to 271 units subject to an easement abandonment which is
currently underway).
Description of Proposal:
The intent of this proposal is to both activate this otherwise overlooked and underdeveloped
parcel and to bring a unique housing product to the City of Apache Junction that is needed.
Currently, the City's housing stock is comprised of either single family homes or traditional
apartments. The dearth of other housing types creates a lack of diversity in both lifestyle and
income levels. The proposed Silveray product helps address that issue by introducing a new
product type into the community that will fill an existing need for residents that want the lifestyle
akin to that of a single-family home or townhome but not the long-term time/cost commitment or
maintenance that comes with it. Residents also benefit from the resort level amenities and
lock/leave ability that this product and project provides. This will be a market-rate,
non-age-restricted project that can serve all members of the community.
Conclusion:
This property is unique as it is close to a major transportation corridor, but is somewhat isolated
by the lack of transportation network to the south or east. For those reasons, the current
entitlement failed to become viable. The property ownership has analyzed this site and larger
context and believe this infill property's highest and best use is as a multi-family development.
Even so, it is important to take the adjacent mobile home park and RV park communities into
account and develop a project that is compatible both in land use and design. We are proposing
a lower intensity product type that we believe is compatible to the adjacent communities due to
its lower height buildings and single family livability. Furthermore, this product is designed to
attract working professionals that need to be a short drive into the regional employment areas,
but desire a more single family like lifestyle combined with no maintenance responsibilities and
resort like amenities which make this a complimentary development for both the adjacent
City of Apache Junction,Arizona Page 7
City Council Meeting Meeting Minutes May 21,2024
neighbors and the City as a whole.
Within the Phoenix metropolitan area, the shortage of housing quantity and variety is having a
significant detrimental impact on communities' ability to grow in an economically viable fashion
due to a variety of reasons, not the least of which is the inability of employers to find quality
housing for new employees relocating to the Valley. If a community wants to develop in a smart
and sustainable way, they need to have a range of housing to address affordability and lifestyle
choices. This project will help achieve that goal for Apache Junction.
Council voiced the following concerns: the amount of Apache Junction residents currently
contributing to the commercial and retail to the west, lack of Gold Canyon residents included in
traffic study, future intentions of developer if proposal is denied, future options for this site,
design of ingress/egress for development.
Mayor Wilson called a recess of the meeting at 9:04 p.m.
Mayor Wilson called to reconvene the meeting at 9:12 p.m.
Planning Manager Sidney Urias explained to the Mayor and Council that they could request a
continuance of this item at a future meeting. The Public Hearing would remain on tonight's
agenda.
Council cited concerns about potential loss of commercially zoned areas, as well as optimism
for future viability of that site for commercial use as reasons for denying the re-zoning request.
Mayor Wilson opened the Public Hearing.
Connie Wigley, Golden Vista Resort,Apache Junction, voiced her concerns regarding the type
of zoning being requested by the developer.
Donna Carr, 2178 W.Virginia Street, Apache Junction, commented on her disapproval of this
project.
R. W. Daniel, Golden Vista Resort, Apache Junction, commented with various reason of his
disapproval of the project.
Tom Lang, Golden Vista Resort, Apache Junction, voiced concerns for the type of rezoning
requested and his disapproval.
Katherine Meek, Belair Road, Apache Junction, due to technical sound difficulties, it was unclear
of her comments.
Andre Meek, Belair Road,Apache Junction, spoke on the absence of sustainable products
included in this development, and offered other comments requesting the Mayor and City
Council to consider for this project.
Sammy Green, Golden Vista Resort, Apache Junction, expressed his disapproval of
commercial development in this area, and stated it should be residential single dwelling homes.
City of Apache Junction,Arizona Page 8
City Council Meeting Meeting Minutes May 21,2024
Peter Costantino, 3010 S. Goldfield Road, Apache Junction, commented this area should
remain commercial.
Russ Waller, Golden Vista Resort, Apache Junction, supports other uses such as assisted
living or immediate care facility, and would like to see the"hometown feel' remain.
Bill Olson, Apache Junction land owner, requested the Mayor and Council to grant a
continuance on this agenda item, for further consideration and discussion.
Mayor Wilson closed the Public Hearing.
13. 24-422 Presentation, discussion, public hearing and consideration of Ordinance
No. 1547 (case P-23-63-PZ), requested by Jason Barney and John
Hartman with Olsen Recker/Guadalupe Properties LLC, and represented
by Greg Davis with (plan Consulting for a proposed planned development
rezoning of 18 acres located at the southeast corner of US-60 and
Goldfield Road from General Commercial by Planned Development
("B-1/PD") and B-1/PD to High Density Multiple-Family Residential by
Planned Development ("RM-2/PD"). (This is the companion case to
Major General Plan Amendment Case P-23-64-GPA).
Due to denial of Resolution No. 24-09, this item was dismissed.
14. 24-423 Presentation, discussion, public hearing and consideration of Resolution
No. 24-08, declaring as a public record that certain document filed with
the City Clerk and entitled "Legal Descriptions and Zoning Conditions of
Case No. P-23-63-PZ;" repealing any conflicting provisions and
providing for severability.
Due to denial of Resolution No. 24-09, this item was dismissed.
I. OLD BUSINESS
J. NEW BUSINESS
15. 24-434 Presentation, discussion, and possible adoption of the Rodeo Grounds
Event Center Master Plan.
Councilmember Cross moved,seconded by Councilmember Soller that the adoption of the Rodeo
Grounds Event Center Master Plan be approved.
Yes: 7- Mayor Wilson, Vice Mayor Schroeder, Councilmember Nesser, Councilmember
Heck, Councilmember Johnson, Councilmember Cross and Councilmember
Soller
No: 0
Mayor Wilson called attention to this item for presentation, discussion, and possible adoption
before opening the Public Hearing Item No.s 12, 13 and 14, listed on the agenda.
City of Apache Junction,Arizona Page 9
City Council Meeting Meeting Minutes May 21,2024
Parks and Recreation Director Liz Langenbach recapped previous master plan updates for the
Rodeo Grounds. She shared a timeline on how the City purchased the 20 acres property, and
events leading up to the final draft of the master plan presented to council on April 15, 2024.
Prospector Park remains on a separate existing lease. This master plan is conceptual, and
improvements will be done in phases. Total cost is approximately$23 million, but will be
completed in phases as funds become available. Some of the areas of improvements and
amenities will include several covered shade features, expanding the bleachers, more ADA
accessibility and walkways, and portable covered stalls.
Ms. Langenbach concluded her presentation with staff recommending council adoption of the
final Rodeo Event Center Master Plan concept. Upon adoption, staff will work with city
management and city council to determine phasing of all projects based on funding.
Council comments: current use of mobile stage, possibility of holding the July 4th event at this
facility, interest from outside parties to use the event center, clarification on the goal of this event
center is to be the main hub and center of attraction for Apache Junction.
K. COUNCIL DIRECTION TO STAFF
L. SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES
M. CALL TO PUBLIC
Sheryl Bigelow, no longer present at the meeting.
Donna Carr, 2178 W. Virginia Street, Apache Junction, commented on the decision made by
Mayor and City Council regarding Resolution No. 24-09.
N. ADJOURNMENT
Mayor Wilson adjourned the meeting at 9:42 p.m.
City of Apache Junction,Arizona Page 10
City Council Meeting Meeting Minutes May 21,2024
ACCEPTED THIS DAY OF 12024, BY THE MAYOR AND CITY
COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA.
SIGNED AND ATTESTED TO THIS DAY OF 2024.
WALTER"CHIP"WILSON
Mayor
ATTEST:
JENNIFER PENA
City Clerk
CITY COUNCIL MINUTES
CERTIFICATION
I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the
regular meeting of the City Council of the City of Apache Junction, Arizona, held on the
day of , 2024. 1 further certify that the meeting was duly
called and held and that a quorum was present.
Dated this day of 2024.
JENNIFER PENA
City Clerk
City of Apache Junction,Arizona Page 11
City of Apache Junction, Arizona 300 E Superstition
Boulevard
Agenda Item Cover Sheet Apache Junction,AZ
85119
Agenda Item No.4.
File ID: 24-412
Sponsor: Doug Wirthgen Agenda Date:6/4/2024
Index: In Control: City Council Meeting
Consideration of approval of Mears Group, Inc. Broadband Infrastructure Project using the
master agreement for fiber connections at a cost of$1,151,095.00 to be paid using American
Rescue Plan Act funding.
City of Apache Junction,Arizona Page 1 Printed on 513012024
Apache Junction Information Technology (IT) Department
DATE: May 21, 2024
TO: Honorable Mayor and City Councilmembers
THROUGH: Bryant Powell, City Manager
FROM: Doug Wirthgen,IT Director
SUBJECT: Mears Group, Inc. Broadband Infrastructure
Last year, city IT and WUCFD staff along with the city attorney negotiated a master agreement with
Mears Group, Incorporated, (Mears Broadband), which is a national engineering, design and
construction contractor for, among other things, fiber broadband infrastructure / network systems.
Using the master agreement, the city and Mears Broadband do not have to negotiate individual
contract terms for broadband projects since Exhibit A to the master agreement includes per project
work orders.
The first project under this master agreement is fiber connections (between the PWD yard and existing
city hall campus, WUCFD plant, fire district facilities, skateboard-pool park, and 12 traffic signals),
which are essential for efficient functionality and compatibility with 21st century telecommunication
technologies. Additional infrastructure upgrade benefits as a result of this project will include
compatibility with City of Mesa telecommunication systems for public safety, extra capacity conduit
for future growth and the possibility of leasing out unused fiber with private and governmental entities.
The cost of this comprehensive project is $1,151,095,which will be paid for using available American
Rescue Plan Act (2021) ("ARPA") funding.
Staff recommends approval of: 1) the master agreement with the built-in work order procurement;
and 2) the proposed Broadband Ironwood Drive and system connection to public facilities project.
DocuSign Envelope ID:B36698ED-D9AO-4EOB-BBF5-33EF053936B2
GROUP,MASTER TELECOMMUNICATIONS INFRASTRUCTURE SERVICES
AGREEMENT BETWEEN CITY OF APACHE JUNCTION AND MEARS
THIS MASTER SERVICES AGREEMENT pis r „ r" is
) is made and
entered into i t day of November, , by and between CITY OF APACHE
JUNCTION hereinafter designated as "City of Apache Junction", "Owner", or
"'City"', an Arizonamunicipal r r i , and MEARS GROUP, INC., a Delaware
corporation, -hereinafter_ "Contractor", identified
"Parties" collectively or as a "Party" i i i
RECITALS
A. The City is in need of certaintelecommunications infrastructure
procurement, construction and maintenancei ith work for the
i
i i i r itperform- r r i
time, as set forth "'Work Order", the form of whichis set forth on
heretoEXHIBIT A r described in any such Workr, the "Work").
S. Each WorkOrder shallincorporate r ii i
Agreementr components of the workr time to time.
AGREEMENT
NOW, THEREFORE, City retains ContractorWork, and
Contractor agrees to render the Workin accordanceiterms and
conditions follows:
DESCRIPTION: Contractor shall do and perform
r cause
performedto be done and in a good workmanlike < r,the Work as described
on any r r , "Project!') in accordance withii i
forth in such WorkOrder.
. l Contractoramount ty to
shall r able by i
r Contract „ r the
performancer . Upon noticeis ready for finalinspection
acceptance,or City representativeshall promptly
inspection. i r1 , City shallpromptly submitr
processing r payment stating that to the best of their knowledge,
information and belibasis, of its observationinspection,the Work
completedhas been in accordancei ii r
Order and that partial payment or the entirel Contractor is
Such payment to Contractor shall be made no later than thirty calendar days
from City'sreceipt of Contractor'sinvoice r the Work . Provided City
is in compliancei its payment obligationsr in accordancei
this agreementr in disputer this agreement, no
final payment shall become due until Contractor submits to all required
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DocuSign Envelope ID: B36698ED-D9A0-4E0B-BBF5-33EF053936B2
DocuSign Envelope ID:B36698ED-D9AO-4EOB-BBF5-33EF053936B2
except to the extent any loss, claim, damage, etc. is caused by the negligence,
recklessnessit l misconduct of any party indemnified her r by
Contractor for Contractor's r l indemnity obligationsr this
Agreement.
The insurance ii provide rage which containsit r self-
insured retentions. Contractor shall be solelyresponsible r the deductible
and/or self-insured retention and, in faith reason
believeractor is unable to satisfy such deductibler self-insurance, City, i
its reasonable determination, may require r r to secure
deductiblesr self-insured retentions by a surety bond or an irrevocable
unconditionall r of credit.
City reserves right receive i working ,
copies r all of the hereinrequired insurance rsements. City shall not
be obligated, however,to reviewi r r of any deficiencies
in such policiesr ishall not relieve Contractor
from, or be deemed a waiver of City's right insist i fulfillment
Contractor's li i r this" Agreement.
The insurance policies,except Workers'CompensationProfessional Liability,
required is Agreement, shall name City, i rofficers,
appointees, officials l additionalinsured ipursuant
subject to ISO Endorsementrand/or CG 20 37 12 19 for
Commercial l Liability, and standardr r policies other than
Commercial r i ' ili , but only , and to no greater extent
than is necessary to provideinsurance r additional insureds r,
Contractor's r l indemnification obli i r this
Agreement.
REQ_VIRED
Commercial General Liabilitv
Contractor shall maintain Commercial General Liability insurance i limit
$1,000,000 for each occurrencei ,000,000 Products/Compl
Operations r , , r r Limit. policy
shall includecoverage r it injury, form propertyl
injury, products and completedoperations lanket contractual coverage
including the_ liability assumed under the indemnification pr i i i
Agreement.
policySuch lcontain a severability of interest,provision r commutation clause, provision contain
a sunset rnon-standard_ r i iwhich
would serve to limit ird party action over _claims.
The Commercial General Liability additionali r rsement shall include
coverage r Contractor's _ r ions and products and completed operations.
DocuSign Envelope ID:B36698ED-D9AO-4EOB-BBF5-33EF053936B2
If required i , if Contractor subletsWork, services
roperations, r l r i i , l i _ _ _during
prosecution , services or operations under this Agreement, an Owner
Contractor'sand r i Liability rpolicy- r bodily
property , including iarise in the prosecution
Contractor's r ,service or operations under this Contract. Coverage shall be
on an occurrence i i limit r occurrence, and the policy
shall be issued by the same insurance issues Contractor'sGeneral
Liability insurance.
Workers" i
Contractor shall ,carry Workers' Compensationinsurance cover obligations
imposed by federal and state statutes having jurisdiction of Cr r,
employeesin the performancer r services; and Employer's
Liability insurance r each accident, r each
<<employee, and $500,000 diseasepolity i i .
In case any Work is subcontracted, Contractor will require r r
provide r r ' Compensationr' Liability to the same extent as
required r r.
Professional Liability
Contractor will maintain Professional Liability' insurance ri Contractor's
expressly indemnity li i r this_ Agreementr
employedperfo
r r ri r r r, r r
Contractor, i _ limit" , claim.
Certificate Insurance
Prior to commencing Workr services under this Agreement, Contractor shall
furnishity with CertificatesInsurance, or formal endorsements as required
by Agreement, issued by the Contractor'sinsurer(s), as evidence that policies
providing the required rconditions limits required i
Agreementr in full force
In the event any insurance policiesit is Agreement arewritten
"claims made"basis, coverage shall extend for two(2) years past completion
acceptance of Contractor's r r servicesi l
Certificatesrance, to be filed withi rCity of Apache
Junction.
If a policyi ring the life of the Agreement, a renewal certificate
be sent to City thirtyr days priorexpiration ll
CertificatesInsurance ll be identified i serial number and title.
DocuSign Envelope ID:B36698ED-D9AO-4EOB-BBF5-33EF053936B2
Cancellation and E )iration Notice
Insuranceit herein ll not expire, be canceled, or materially
withoutit I ' prior written noticeCity.
15. ..._CHANGE_ ....ORDERS: The Parties owledge a change order i
EXHIBITn the
form of iAgreement is ri order executed by
both Parties, i r execution of the Workr ri"i in the
and/orWork r r rtime.
change order shall binding unlessi signed City and
Contractor. All such changes in the Work shall be authorizedorder
and shall be performedr the applicableconditions r
I I i Contractor
each ind themselves, their partners, successors, assigns and legal
representatives r , successors,
assigns and legal representatives r agreementscontract r ll v ,
_ Neither Party
contractto the ll assign the contractr sublet it as a wholer delegate
dutiesr r, without the writtenr, nor shall Contractor
assign any moniesit withoutprevious ri
Of City,
NOTICE:17. WRITTEN Written l I
servedif deliveredin personindividual t member of the firmentity,
officeto an r r i r whom it was intended ori li r sent
registered or certified mail, return receipt requested, and first-class
prepaid respective ifollows:
If to Contractor: If to City:
Mears_Group, I i_ Junction
300 W. Mercer Street, SuiteAttn: I
Dripping rings,TX 78620 300 E. Superstition B
Apache Junction,-
iWith a copy to:
City Junction
General CounselAttorney
16000 College l v rSuperstition I .
Lenexa, KS 66219 Apache Junction, AZ 85119
18. CLAIMS FOR DAMAGES: Should either
Party to the contract..... suffer
injury or damage r I property because of any act or omission of the other
Party or of it employees or agents for whose acts they arelegally liable, claims
shall be made in writingr parties withinreasonable i r the
first observance of such injury or
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DocuSign Envelope ID:B36698ED-D9AO-4EOB-BBF5-33EF053936B2
rightssame i otherwise) Parties
severance_ reformation were not required, l prohibited li
Partieslaws, the _r r shall perform all acts and execute, acknowledge and/or
deliver all amendments, instruments accomplish
to iv r Agreement, as reformed.
31. TIME I ; Time is of the essence withl
provisions in this Agreement. Any delay in performanceeither Party shall
constituteri l breach of thisAgreement.
Parties32. PROHIBITION TO CQNIRAC� WITH CONTRACTORS WHO ENGAGE
IN BOYCOTT QF THE STATE OF ISRAEL: The A.R.S.
393 through 35-393. 3, as amended, which forbids public entities from
contractingr r in boycotts of the State of Israel. Should
Contractor under this Agreementagainst
Israel, i r shall l r operation
l is a material breach contract.
• CONFLICT OF , n ,..�4�.INTEREST: provisions - relating
to cancellation of contracts due to conflicts of interest shall apply to this contract.
34. CERTIFICATION PURSUANT TO A.R.%-§ 35-394: In accordance with
Arizona ised Statutes § 35-394, Contractor hereby certifiesagrees
Contractor r rr l l not for the durationi
forced1) the labor of ethnicr iPeople's_ Republic China, 2) any
services r goods producedr r of ethnicr in the People's
Republici , tsuppliers, contractors or subcontractors
forcedthe r any servicesr goods producedr r of ethnic
Uyghurs
rirrr_i i iChina. I Contractoraware during-
icompliance with iSection,
Contractor shall notifyi within i iaware
of such r r r _ i ri
i a i Contractor has remedied li within
eightyr days after notifying the Cityi i
Agreementll terminate, except that if the Agreement termination
beforerilr remedyperiod,_ i
Agreementll terminate on such contracttermination a
IN Iparties rthis Agreement to
signedbe it duly authorizedrepresentative i " day of
November,
DocuSign Envelope ID:B36698ED-D9AO-4EOB-BBF5-33EF053936B2
MEARS GROUP, .,
corporation a Delaware
LDocuSigned by[
.
Ede
By:
f Executive Vice President
CITY:
CITY OF APACHE JUNCTION, an Arizona
Managermunicipal corporation
y: Bryant Powell
Its: City
AttorneyAPPROVED AS TO FORM:
R. Joel Stern
City
DocuSign Envelope ID:B36698ED-D9AO-4EOB-BBF5-33EF053936B2
Form of Work Order
OrderWork
[NAME,
This rk Order i r into and governedMaster Telecommunications
Infrastructure Services A `rp ro " " � '
betweenand MearsInc.tea+ # Apache Junction
("Owner")
i
is effective as of the Work Order Effective Date defined below.
Work Order Effective Date: "r ) r,if not indicated, s to f
Mears Mr~ r»
Email:
ini
license num arts
� d
Email:
1) 1kork. Mears hereby agrees to perform the Work for Owner, as described below.
) Description of Work. Deliverables, - r Sri Materials: Work,
t
i r l , r lMaterialsr described t f r
s t ,
) Schedule:The Schedule Is in Attachment 2.
Mears shall provide the Workin(City, County, t
2) Contract
l .
) Contract Contract Sum is;
PleaseI t Actual or 13 Estimated
Payment and Pricing: r shall pay Mearsstated t f the Agreement
accordingand ring detailed in Atts t 3.
Owner
Applicable t r if any,arehereto
41 Special Provisions.
DocuSign Envelope ID:B36698ED-D9AO-4EOB-BBF5-33EF053936B2
Aoolicable Soecialr yi i . it an
parties'The respective ri representatives have execut is Work Order
as of the WorkOrder Effective Date.
City of Apache Junction rINC. - r
Name: Name:
Title: it
DocuSign Envelope ID:B36698ED-D9AO-4EOB-BBF5-33EF053936B2
Work Order Attachment 1:
Scope of Work; Delliverables; i it
(As appropriate, note exclusions and divide Work by Segments.]
Scope of Work:
appropriate, te exclusions and divideDeliverables t .
MEARS-Provided Materials(if any):
appropriate, t l sions and divide MEARS-Provided Materials by Segments.)
DocuSign Envelope ID:B36698ED-D9AO-4EOB-BBF5-33EF053936B2
Segment,Work Order Attachment 2:
Schedule
Substantial Completion Guaranteed Date(by if applicable):
DocuSign Envelope ID:B36698ED-D9AO-4EOB-BBF5-33EF053936B2
OrderWork Attachment 3:
FrequencyPricing and Payment
Invoicing Section
1
-DocuSign Envelope ID:B36698ED-D9AO-4EOB-BBF5-33EF053936B2 -
Work Order Attachment 4:
Owner Standards
Owner Standards r i
Work Order
Division of Responsibility)
Owner Responsibilities
Owner-Acquired " if any,
are as
follows:
(Other rduties]
Mears Responsibilities
MEARS-Acquired Permits, if any, are
[Other Mears duties]
-DocuSign Envelope ID:B36698ED-D9AO-4EOB-BBF5-33EF053936B2
OrderEXHIBIT B
Form of Change
Change Order[#]
This-Change Order ("Change r") is enteredinto and governedthe Master
Telecommunicationsr r re Services Agreement dated
("Agreement") by and between the City of Apache Junction ("Owner") and Mears Group,
Inc, (" modifies r v i f Work Order No. dated
("Work Order") and is effectivet t
signature below("'Change Order Effective Date").
partiesThe t lly agree to make the followingr r r:
Request:
Original tr
Total3. previously ApprovedOrder( Amount( ), i
4. Current Contract Sum(original Orders:
Value5. i r, if
Contractrevised i Order:
(0 Actual or 11 Estimated)
r
t Revised
7. Description of the Modification to the Work:
8. Revised Schedule:
Except as expresslyt out herein, all terms "provisions f the WorkOrder, any prior
Orders,Change is Agreement r i i in full force and effect.
Capitalized terms t not defined hereinv the respective meanings_ ascribed
to them in_this Agreement.
Executionf this Order by bothi sit t binding rwith
respect to t jet matter hereof. Owner may require consent of Mears'ssurety, i ,
to the terms this r r:
executeThe Parties r r by personsI t ri the Change Order
Effective t above.
MEARS GROUP,INC
r
Jitie: Title:
bate.
#f
S
300 west Mercer Street—Sane 100
1 ' t } t,. Dripping Springs,TX 78620
mears
brood{b,,.)rItd
aa�snta ,=.xs r::v..mr o.n:€Y
X
�r
F
April 12, 2024
Mr. Doug Wirthgen.
IT Director
City of Apache Junction
dirthgen@apachejunctionaz.gov
Subject: Apache Junction-Fiber Extension Ironwood Rd—Summer 124
Dear Mr. Wirthgen:
Mears Group9 Inc. {Mears Broadband), a uant iced,company, is pleased to present our
indicative, non-binding estimate for the above-referenced project.
Mears Broadband(MBB)has a long history of excellent performance in the Utility
Construction arena. Our reputation within the industry for on schedule, on budget, safe,
quality performance is well known across the country. Mears has the strength of project and
office locations across the Nation and can provide the attention required for your broadband
y project.
MBB is providing lump sum pricing for the following services:
• Furnish and install all materials associated with the fiber extension from the Water
Treatment facility on the south end of the project to the Library on the north end of the
} project. We will branch off to terminate at the Water Storage Facility and the Fire
Station on 16th Street and the Community Pool off of Southern Ave.
• There are 2 locations along the route where we'll utilize existing empty 3" conduit. In
these locations we'll pull in(2) 1.25"conduit. At all'HDD'locations we'll install (3)
y 1.25" conduits.
• Pricing includes all Traffic Control and Asphalt and Concrete restoration estimated
along the route.
# • Mears Broadband(MBB)will install 30"x48"06"handholes along the route at every
traffic signal light control box and additional handholes spaced approximately 1,5001f
along the route. 100' slack loops will be installed in each handhole.
288ct loose tube fiber cable will be furnished and installed throughout the project.
• Approximately 6 fiber test stations will be installed throughout the route to
accommodate locating the tracer wire for future utility locate operations.
�) • We anticipate the HDD installation across Hwy 60 to be approximately 1,4001funder
6
ADOT ROW and the depth under ADOT ROW will be at 20' depth min per ADOT
requirements. This may require additional work to install vaults at the traffic signals
on either side of Hwy 60 on Ironwood Dr.
0 Conduit/EMT and associated tubing, brackets, J-Boxes, Patch Panels at 5 locations.
0 Test/Document fiber splicing at end of project.
Pricing to Complete Project including labor, materials, traffic control and restoration:
$111511095.00
Clarifications and Exclusions:
0 The estimate is contingent upon reaching a mutual agreement on the contract terms and
conditions.
0 All storm water protection(BMPs),environmental studies, cost, etc. have been excluded.
0 Mears' schedule does not contemplate potential delays due to insufficient utility
locates. If this is encountered, we reserve the right discuss potential adjustments to the
project schedule and ensure minimal disruption to the overall timeline.
• Based on provided information, Mears has utilized standard wage rates, not prevailing
wages. If it is determined that prevailing wages are required, it will be a change to our unit
rates.
This proposal is based on work hours (typical I 0-hour day) of Monday through Friday,
lam to 5:30pm
• The customer is responsible for all permits and landowner notifications.
• Proposal does not include the cost of testing, storing, excavating, handing or disposal of
contaminated or hazardous materials that are found at the work site, or any drill fluids
that have been contaminated by contact with such materials.
• Slurry backfill has not been specified and therefore is not priced into the hand-hole
pricing. Slurry is included in the asphalt and concrete restoration estimates.
• Mill/Overlay with slurry sea] on state routes if required is not included in the pricing.
• ADA Ramp replacement is not included in the pricing.
• Permit costs will be paid by the City of Apache Junction.
Mears appreciates the opportunity to partner with The City of Apache Junction and looks
forward to the opportunity to further discuss our proposal and capabilities. Feel free to contact
me at (309) 253-6511 or kevin.pogue@mearsbroadband.net if you have any questions or
concerns.
Best regards,
Kevin Pogue
Director Pre-Construction
Mears Broadband
DoouSign Envelope ID:C8D338B8-CA1O-47DD-BDCB-8C4CA1FBDC1F
Work Order No. 3
Project: ApacheJunobmn -Ummnvvood Drive Extension
This Work Order is entered into and governed by the Master Telecommunications Infrastructure Services
Agreement dated November 13m. 2023 (^Agnearnmnt^) by and between Mears Broadband, LL{}. (''Y0aars^)
and the City of Apache Junction ("Owner") and is effective as of the VVn/k Order Effective Doho defined
below.
Work Order Effective Date: April 30th, 2024
Mears Project Manager: Kevin Poque
Email: Kevin.Pogue@MearsBroadband.net
Owner Project Manager: Doug Wirthgen
Telephone: 480.474.5147
Email: dwirthgen@apachejunctionaz.gov
1) Work. Mears hereby agrees to perform the Work for Owner, as described below.
a) : The Work, De|ivenab|eo, and any
MEAFlS-Provided Materials are described in the Scope of Work attached as Attachment 1.
b) Schedule: The Schedule ia set out in Attachment 2.
o\ Geographic Location: K4eore shall provide the Work in the City ofApache Junction. Arizona as defined
in Attachment 1.
2) .
8) Contract Sum: The Contract Sum is:
$1.151.005.00 Please indicate [] Actual or19 Estimated
b) Payment and Pricing: Owner nho|| pay K4eene as stated in Section 2 of the Agreement and according
to the pricing detailed in Attachment 3.
3) Owner Standards.
Applicable Owner Sbsndarde, if any, are attached hereto as Atbsohment4.
4) Special Provisions.
Not Applicable.
The parties' respective duly authorized representatives have executed this Work Order as of the Work
Order Effective Date.
City of Apache Junction (Owner) K8mona Broadband, LLC (Mears)
coc"om,ed by:
By: B
Name: Doug Wirthgen Name:
Title: IT Director Title: VP of Operations
Date: Dote: 5/2/2024 1 I1:36 mm EDT
Work Order#3 for Apache Junction-Ironwood Drive Extension Page 1of4
DocuSign Envelope ID:C6D339B8-CA16-47DD-BDCB-8C4CA1FBDC1F
Work Order Attachment 1:
Scope of Work; Deliverables; MEARS-Provided Materials
Scope of Work & Deliverables:
The"Project"for this Work Order is defined as the fiber extension from the Water Treatment facility(i.e.
south end of the Project)to the Library(i.e. on the north end of the Project), and will terminate at the
Water Storage Facility, the Fire Station on 16th Street and the Community Pool near Southern Ave.
Mears shall provide all necessary labor and materials for the construction services identified below:
• Three (3) 1.25" conduit will be installed by Horizontal Directional Drilling (HDD) throughout the
Project. 288ct loose tube fiber cable will be installed in the conduit.
• Mears will install 30"x48"x36" handholes along the route at every traffic signal light control box
and additional handholes spaced approximately 1,500 linear feet (LF) along the route. One-
hundred-foot(100')slack loops will be installed in each handhole.
• The Contract Sum includes all Traffic Control and Asphalt and Concrete restoration for the
designated route.
• Splice, test and document the fiber splicing at the end of the Project.
• Mears shall prepare and provide final redlines/as-builts for the Project.
• Additional Considerations
o Mears anticipates the HDD installation across Hwy 60 to be approximately 1,400 LF
under ADOT ROW and, per ADOT requirements, the depth will be at minimum 20'. This
may require additional work to install vaults at the traffic signals on either side of Hwy 60
on Ironwood Dr.
o Approximately six (6)fiber test stations will be installed throughout the route at mutually
agreed locations to accommodate locating the tracer wire for future utility locate
operations.
o Conduit/EMT and associated tubing, brackets, J-Boxes, Patch Panels at five(5)mutually
agreed locations of the Project.
o Mears will utilize existing empty 3' conduit to pull in two (2) 1.25" conduit at two (2)
mutually agreed locations of the Project.
MEARS-Provided Materials:
• Mears shall provide all construction related materials associated with the Scope of Work&
Deliverables.
Work Order#3 for Apache Junction-Ironwood Drive Extension Page 2 of 4
Mears&City of Apache Junction
DocuSign Envelope ID:C6D339B8-CA16-47DD-BDCB-8C4CA1FBDC1F
Work Order Attachment 2:
Schedule
Pursuant to Owner's written Notice to Proceed for the Project,the preliminary scheduled start date for Work
Order 3 is July 1st, 2024 with a Substantial Completion Guaranteed Date of October 316t, 2024.
Work Order#3 for Apache Junction-Ironwood Drive Extension Page 3 of 4
Mears&City of Apache Junction
DocuSign Envelope ID:C6D339B8-CA16-47DD-BDCB-8C4CA1FBDC1F
Work Order Attachment 3:
Pricing and Payment
Invoice frequency and payment shall be pursuant to section 2 of the Master Telecommunications
Infrastructure Services Agreement.
Work Order#3 for Apache Junction-Ironwood Drive Extension Page 4 of 4
Mears&City of Apache Junction
300 E Superstition Blvd
9 Apache Junction, AZ 85119 Fiscal Year 2024 Page 1 of 1
Ph: (480)474-5127
Purchase Order Number 02240680
Bill To IT Ship To
1001 N IDAHO RD 1001 N IDAHO RD Purchase Order Date 04/15/2024
INFORMATION TECHNOLOGY INFORMATION TECHNOLOGY Department MANAGEMENT SERVICES INFO TECH
APACHE JUNCTION, AZ 85119 APACHE JUNCTION, AZ 85119
All Products(Services Must be Received by June 30
Vendor 2292
MEARS GROUP INC
1606 EASTPORT PLAZA DRIVE
SUITE 110
COLLINSVILLE, IL 62234
VENDOR PHONE NUMBER VENDOR EMAIL VENDOR NUMBER REQUISITION NUMBER BUYER NAME DELIVERY REFERENC
2292 1240795 KIMBERLY HELDT
a,
APACHE JCT FIBER EXTENSION IRONWOOD RDA€°SUMMER 2024
ITEM# DESCRIPTION QUANTITY" UOM UNIT PRICE EXTENDED PRICE
1 MEARS BROADBAND(MBB):IS PROVIDING LUMP SUM PRICING OF$1,151,095.00 FOR 1.0000 EACH $1,151,095.0000 $1,151,095.00
SERVICES LISTED 1N ATTACHED ESTIMATE DATED 4/12/2024 FROM KEVIN POGUE,
MEARS DIRECTOR PRE-CONSTRUCTION BROADBAND.PRICING ESTIMATE TO
COMPLETE PROJECT INCLUDES LABOR,MATERIALS,TRAFFIC CONTROL,
TEST/DOCUMENTFIBER SPLICING AT THE END OF PROJECT AND RESTORATION.
THIS LETTER ALSO INCLUDES CLARIFICATION AND EXCLUSIONS.
GL#;091105EH`-7008-24041 $1,151,095.00
Seller will give City the benefit of any price reduction before actual time of shipment.:,
City will not pay extra charges for packing or packaging material unless expressly'stated in this order.
City reserves the right to cancel and reject goods upon default by Seller in the time,rate or manner of delivery.
The quantity of goods ordered must not be exceeded or reduced without City's written permission.
Material failing to meet the requirements of this order will be held at Seller's risk and may be returned to Seller at Seller's expense.
For Full Terms and Conditions related to this purchase,please refer to http_//www:pigty.net/825/Purchasing
x' ( Total Ext.Price $1,151,095.00
Matt Busby As is t City Manager Purchase Order Total $1,151,095.00
City of Apache Junction, Arizona 300 E Superstition
Boulevard
Agenda Item Cover Sheet Apache Junction,AZ
85119
Agenda Item No. 5.
File ID: 24-414
Sponsor: Doug Wirthgen Agenda Date:6/4/2024
Index: In Control: City Council Meeting
Consideration of approval of Mears, Inc. retroactive approval for critical fiber project from water
district treatment plant on Ironwood Drive to public works yard and animal control buildings at a
cost of$327,572.00 using American Rescue Plan Act funding.
City of Apache Junction,Arizona Page 1 Printed on 513012024
Apache Junction Information Technology (IT) Department
DATE: May 21, 2024
TO: Honorable Mayor and City Councilmembers
THROUGH: Bryant Powell, City Manager
FROM: Doug Wirthgen,IT Director
SUBJECT: Mears,Retroactive Approval for Critical Fiber Project
Last year,IT,PWD and WUCFD staff identified a critical need to connect new internet conduit and
fiber between WUCFD's new treatment plant on Ironwood Drive with the city's public works yard
and animal control buildings along Baseline Avenue. The existing internet access was susceptible to
permanent interrupted service and needed an immediate and sustainable upgrade. Consequently,
Mears Incorporated (Mears Broadband) was engaged to complete the infrastructure work on May 4,
2023 at a cost of$327,572 and was completed on or about July 13, 2023. The cost will be paid for
using available American Rescue Plan Act (2021) ("ARPA") funding.
Staff recommends retroactive approval.
DocuSign Envelope ID:3C099725-91B2-4AA8-A36B-F80AE8E669F9
DUCT AND HANDHOLE INSTALLATION AGREEMENT BETWEEN CITY OF
APACHE JUNCTION AND MEARS GROUP, INC.
THIS AGREEMENT made and entered into this 2"d day of May, 2023, by and
between CITY OF APACHE JUNCTION hereinafter designated as "City of
Apache Junction" or "City", an Arizona municipal corporation, and MEARS
GROUP, INC., a Delaware corporation, hereinafter "Contractor", both of which
may be identified as the "Parties" collectively or as a "Party" individually.
RECITALS
A. In response to City's request for proposal, Contractor submitted a
proposal in which Contractor asserted its willingness, ability and qualifications to
provide this work and service (the "Work" as more fully identified in Attachment
A).
B. City and Contractor desire to set forth herein their respective
responsibilities and the manner and terms upon which Contractor shall render
the services.
AGREEMENT
NOW, THEREFORE, City retains Contractor to perform, and Contractor
agrees to render the Work in accordance with the terms and conditions set forth
as follows:
1. PROJECT DESCRIPTION: Contractor shall do and perform or cause
to be done and performed in a good workmanlike manner,the Work in accordance
with and as more fully described in the proposal (the "Project") and in accordance
with specifications, set forth in Attachment "A" hereinafter referred to as the
"Contract Documents" which also includes this agreement, all incorporated by
reference.
2. PAYMENTS & COMPLETION: The total amount payable by City to
Contractor is an amount not to exceed Three Hundred Twenty-Seven Thousand
Five Hundred Seventy-Two Dollars and No Cents ($327,572.00) (the "Contract
Sum") for the performance of the Work under the Contract Documents. Upon
notice that the Work is ready for final inspection or acceptance, City
representative shall promptly cause to be made an inspection. When City finds
the Work acceptable under the Contract Documents, City shall promptly submit
for processing a certificate for payment stating that to the best of their
knowledge, information and belief and on the basis of its observation and
inspection, the Work has been completed in accordance with the terms and
conditions of the Contract Documents and that partial payment or the entire
balance due Contractor is payable. Such payment to Contractor shall be made no
later than thirty (30) calendar days from City's receipt of Contractor's invoice for
the Work performed. No final payment shall become due until Contractor submits
DocuSign Envelope ID:3C099725-91B2-4AA8-A36B-F80AE8E669F9
to all required lien waivers, releases and any other data establishing payment or
satisfaction of all Contractor's obligations which shall be conditioned upon
Contractor's receipt of payment. If any subcontractor refuses to furnish a release
or waiver required by City, Contractor shall furnish a bond to indemnify City
against any such lien. If any such lien remains unsatisfied after all payments are
made, Contractor shall refund to City all monies that the latter may be compelled
to pay in discharging such liens, including all costs and reasonable attorney fees.
3. CONTRACT TIME: The term of this agreement is May 2, 2023 to
October 31, 2023. Upon failure to complete Work within the time specified,
Contractor shall pay as liquidated damages for the loss of use of the benefit of this
project the sum as provided in Table 108 of the Maricopa Association of
Governments ("MAG") Specifications per day for each day the Work remains
unfinished; provided, however, in no event: a) shall Contractor's liability for
liquidated damages exceed an amount equal to twenty-five percent (25%) of the
Contract Sum, b) shall Contractor be liable for any other damages related to
delays hereunder, and c) shall Contractor's overall liability relating to this
Agreement exceed an amount equal to 100% of the Contract Sum.
4. INDEPENDENT CONTRACTOR: Contractor shall at all times during
Contractor's performance of the services retain Contractor's status as an
independent contractor. Contractor's employees shall under no circumstances
be considered or held to be employees or agents of City, and City shall have no
obligation to pay or withhold state or federal taxes or provide workers'
compensation or unemployment insurance for or on behalf of them or Contractor.
Contractor shall supervise and direct the Work to be done using his best skill and
attention. Except as provided in this Agreement, Contractor shall be solely
responsible for all construction means, methods, techniques, sequences and
procedures, and for coordinating all portions of the Work required by the contract
documents. Contractor shall be responsible to City for the acts and omissions of
its employees, sub-contractors and their agents and employees and other
persons performing any of the Work under any Contract Document.
5. LABOR AND MATERIALS: Unless otherwise provided in the Contract
Documents, Contractor shall provide, pay and insure under the requisite laws and
regulations for all labor, materials, equipment, tools and machinery, water, heat,
utilities, transportation, other facilities and services necessary for the proper
execution and completion of the Work whether temporary or permanent, and
whether or not incorporated or to be incorporated in the Work.
6. INSPECTIONS AND QUALITY OF WORK: Contractor understands
and specifically agrees that all Work is to be performed pursuant to the Project
Specifications, and current Maricopa Association of Governments specifications and
details, ("MAG specifications and details") with Apache Junction additions. Contractor
agrees that it will conduct at least one pre-construction meeting before any Work
commences. While performing the services, Contractor shall exercise the reasonable
professional care and skill customarily exercised by reputed members of Contractor's
profession practicing in the Phoenix metropolitan area and shall use reasonable
2
DocuSign Envelope ID:3C099725-91B2-4AA8-A36B-F80AE8E669F9
diligence and best judgment while exercising its professional skill and expertise.
Contractor shall also be responsible for all errors and omissions Contractor commits in
the performance of this Agreement. Contractor understands and agrees that inspection
of the Work being performed hereunder will occur by City. Contractor agrees that City
will have the exclusive right to determine, in its sole and reasonable discretion, whether
the Work has been performed in accordance with the Contract Documents, including
MAG specifications and details. Contractor further agrees to make such corrections to
the Work as may be directed by City to conform to said Contract Documents including
MAG specifications and details, without requirement of change order or any additional
charge or cost to City whatsoever. Contractor further agrees to make such corrections
to the Work within the time allowed for completion as long as it does not affect the overall
deadline of completion set forth in Section 3.
7. WARRANTY: Contractor shall guarantee the Work against defective
workmanship or materials for a period of one year from the date of its final
acceptance under the contract; ordinary wear and tear, alterations or repairs
carried out by persons not authorized by Contractor and unusual abuse or
neglect excepted. Any omission on the part of City to identify defective Work or
materials at the time of construction shall not be deemed an acceptance and
Contractor will be required to correct defective Work or materials at any time
before final acceptance; and within one year from the date of final acceptance
due to faults in workmanship or materials, Contractor shall begin making the
necessary repairs to the satisfaction of City within fourteen 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 Contractor
making the above repairs or corrective Work all at no additional cost to City. In
the case of Work materials or equipment for which warranties are required by the
Contract Documents, Contractor shall provide or secure from the appropriate
sub-contractor or supplier such warranties addressed to and in favor of the City
and deliver same to the City prior to final acceptance of the Work. Delivery of such
warranties shall not relieve Contractor from any obligation assumed under any
other provision of the contract. The warranties and guarantees provided in this
subsection shall survive the expiration of this Agreement for the time period
mentioned above. The warranties of contractor set forth in this agreement are
exclusive and in lieu of all other warranties, (including, but not limited to, all
warranties of merchantability and fitness for a particular purpose) and all
warranties arising from course of dealing and usage of trade.
8. TAXES: Contractor shall pay all license, sales, consumer, use and
other similar taxes for the Work or portions thereof provided by Contractor which
are legally enacted at the time bids are received whether or not yet effective or
subsequently applicable due to acts of jurisdictions or bodies other than City.
9. PERMITS & FEES: Unless otherwise provided in the Contract
Documents, Contractor shall secure and pay for all applicable permits,
governmental fees, licenses and inspections necessary for the proper execution
and completion of Work. Contractor shall give all notices and comply with all
applicable laws, ordinances, rules, regulations and lawful orders of any public
3
DocuSign Envelope ID:3C099725-91B2-4AA8-A36B-F80AE8E669F9
authority bearing on the performance of the Work. City permits for this Work will
be provided to Contractor at no cost. Contractor represents and warrants that
any license necessary to perform the Work under this Agreement is current and
valid. Contractor understands that the activity described herein constitutes
"doing business in the City of Apache Junction" and Contractor agrees to obtain
a business license pursuant to Chapter 8 of the Apache Junction City Code, Vol.
1, and keep such license current during the term of this Agreement and after
termination of this Agreement any time Work is performed pursuant to the
warranty provisions set forth in Section 7. Contractor also acknowledges that the
tax provision of the Apache Junction Tax Code, Chapter 8A, may also apply and if
so, shall obtain a transaction privilege license and/or other licenses as may be
required by the city code. Any activity by subcontractors within the corporate city
limits will invoke the same business license regulations on any subcontractors,
and Contractor ensures its subcontractors will obtain any required licenses.
Further, Contractor agrees to pay all applicable privilege and use taxes that are
applicable to the activities, products and services provided under this
Agreement.
10. SUPERINTENDENT: Contractor shall employ a competent project
superintendent who shall be in attendance at the project site during the progress
of the Work. Superintendent shall represent and be the community agent of
Contractor and communications given to the superintendent shall be as binding
as if given to Contractor. Important communications shall be confirmed in writing.
The designated superintendent shall be:
Dominic DeLarosa
6909 E. Greenway Pkwy., Suite 175
Scottsdale, AZ 85254
480-427-5572
11. PROGRESS SCHEDULE: Contractor shall, immediately after
entering into this Agreement, reaffirm or revise the estimated progress schedule
as submitted with the bid proposal. Said progress schedule shall be maintained
and updated during the project.
12. INDEMNIFICATION: To the fullest extent permitted by law,
Contractor shall defend, indemnify and hold harmless City, its elected and
appointed officers, officials, agents, and employees from and against any and all
liability including but not limited to demands, claims, actions, fees, costs and
expenses, including reasonable attorney and expert witness fees, arising from, or
alleged to have arisen from, relating to, arising out of, or alleged to have resulted
from the acts, errors, mistakes, omissions, Work or services of Contractor, its
agents, employees, or any tier of Contractor's subcontractors in the performance
of this Agreement, but only to the extent caused by the negligence, recklessness
or intentional wrongful conduct of Contractor or its subcontractors in the
performance of the Work under this Agreement or any subcontract. Contractor's
duty to defend, hold harmless and indemnify City, its special districts, elected and
4
DocuSign Envelope ID:3C099725-91B2-4AA8-A36B-F80AE8E669F9
appointed officers, officials, agents, and employees shall arise in connection with
any claim, damage, loss or expense that is attributable to bodily injury, sickness,
disease, death, or injury to, impairment, or destruction of property including loss
of use resulting therefrom, caused by an Contractor's acts, errors, mistakes,
omissions, work or services in the performance of this Agreement including any
employee of Contractor, any tier of Contractor's subcontractor or any other
person for whose acts, errors, mistakes, omissions, Work or services Contractor
may be legally liable, but only to the extent caused by the negligence,
recklessness or intentional wrongful conduct of Contractor or any tier of
Contractor's subcontractors or any other person for whose acts, errors,
mistakes, omissions, Work or services Contractor may be legally liable in the
performance of the Work under this Agreement or subcontract. The amount and
type of insurance coverage requirements set forth herein will in no way be
construed as limiting the scope of the indemnity in this paragraph. The rights and
obligations under this Section shall survive termination of this Agreement.
13. SUB-CONTRACTORS: All subcontractors chosen by Contractor will
be subject to City's approval. All subcontractors shall be identified by Contractor
prior to award of contract. Contractor shall make no substitutions for any
subcontractor, person or entity previously selected without the approval of City.
14. GOVERNING LAW AND VENUE: The terms and conditions of this
Agreement shall be governed by and interpreted in accordance with the laws of
the State of Arizona. Any action at law or in equity brought by either Party for the
purpose of enforcing a right or rights provided for in this Agreement, shall be
tried in a court of competent jurisdiction in Pinal County, State of Arizona. The
Parties hereby waive all provisions of law providing for a change of venue in such
proceeding to any other county. In the event either Party shall bring suit to
enforce any terms of this Agreement or to recover any damages for and on
account of the breach of any term or condition in this Agreement, it is mutually
agreed that the prevailing Party in such action shall recover all costs including
reasonable attorney fees to be determined by the court in such action.
15. INSURANCE: Contractor, at its own expense, shall purchase and
maintain the herein stipulated insurance with companies duly licensed in the
State of Arizona, possessing a current A.M. Best, Inc. Rating of B++6, or approved
unlicensed in the State of Arizona with coverages and forms reasonably
satisfactory to the City.
All insurance required herein shall be maintained in full force and effect until all
Work or service required to be performed under the terms of the Agreement is
satisfactorily completed and formally accepted; failure to do so may, at the sole
discretion of City constitute a material breach of this Agreement.
Contractor's insurance shall be primary insurance as respect to City, and any
insurance or self-insurance maintained by City shall not contribute to it.
Any failure to comply with the claim reporting provisions of the insurance policies
5
DocuSign Envelope ID:3C099725-91B2-4AA8-A36B-F80AE8E669F9
or any breach of an insurance policy warranty shall not affect coverage afforded
under the insurance policies to protect City.
The insurance policies, except Workers' Compensation, shall contain waiver of
transfer rights of recovery (subrogation) against City, its Board, agents, officers,
appointees, officials and employees where and to the extent permitted by law,
except to the extent any loss, claim, damage, etc. is caused by the negligence,
recklessness or willful misconduct of any party indemnified hereunder by
Contractor for Contractor's expressly assumed indemnity obligations under this
Agreement.
The insurance policies may provide coverage which contains deductibles or self-
insured retentions. 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-insured
retention and City, at its option, may require Contractor to secure payment of
such deductibles or self-insured retentions by a surety bond or an irrevocable and
unconditional letter of credit.
City reserves the right to request and to receive within ten (10) working days,
copies of any or all of the herein required insurance endorsements. City shall not
be obligated, however,to review same or to advise Contractor of any deficiencies
in such policies and endorsements, and such receipt shall not relieve Contractor
from, or be deemed a waiver of City's right to insist on strict fulfillment of
Contractor's obligations under this Agreement.
The insurance policies,except Workers' Compensation and Professional Liability,
required by this Agreement, shall name City, its Board, agents, officers,
appointees, officials and employees as additional insured parties pursuant and
subject to ISO Endorsement Form CG 20 10 12 19 and/or CG 20 37 12 19 for
Commercial General Liability, and standard forms for policies other than
Commercial General Liability, but only to the extent of, and to no greater extent
than is necessary to provide insurance coverage to the additional insureds for,
Contractor's expressly assumed indemnification obligations under this
Agreement.
REQUIRED COVERAGE
Commercial General Liability
Contractor shall maintain Commercial General Liability insurance with a limit of
$1,000,000 for each occurrence with a $2,000,000 Products/Completed
Operations Aggregate and a $2,000,000 General Aggregate Limit. The policy
shall include coverage for bodily injury, broad form property damage, personal
injury, products and completed operations and blanket contractual coverage
including the liability assumed under the indemnification provisions of this
Agreement.
6
DocuSign Envelope ID:3C099725-91B2-4AA8-A36B-F80AE8E669F9
Such policy shall contain a severability of interest provision and shall not contain
a sunset provision or commutation clause, nor any non-standard provision which
would serve to limit third party action over claims.
The Commercial General Liability additional insured endorsement shall include
coverage for Contractor's operations and products and completed operations.
If required by this Agreement, if Contractor sublets any part of the Work, services
or operations, Contractor shall purchase and maintain, at all times during
prosecution of the Work, services or operations under this Agreement, an Owner
and Contractor's Protective Liability insurance policy for bodily injury and
property damage, including death, which may arise in the prosecution of
Contractor's Work, service or operations under this Contract. Coverage shall be
on an occurrence basis with a limit of$1,000,000 per occurrence, and the policy
shall be issued by the same insurance company that issues Contractor's General
Liability insurance.
Workers' Compensation
Contractor shall carry Workers' Compensation insurance to cover obligations
imposed by federal and state statutes having jurisdiction of Contractor's
employees engaged in the performance of the Work or services; and Employer's
Liability insurance of $100,000 for each accident, $100,000 disease for each
employee, and $500,000 disease polity limit.
In case any Work is subcontracted, Contractor will require subcontractors to
provide Workers' Compensation and Employer's Liability to the same extent as
required of the Contractor.
Professional Liability
Contractor will maintain Professional Liability insurance covering Contractor's
expressly assumed indemnity obligations under this Agreement during the
performance of the Work or services performed by Contractor, or any person
employed by Contractor, with a limit of $1,000,000 each claim.
Certificate of Insurance
Prior to commencing Work or services under this Agreement, Contractor shall
furnish City with Certificates of Insurance, or formal endorsements as required
by Agreement, issued by the Contractor's insurer(s), as evidence that policies
providing the required coverages, conditions and limits required by this
Agreement are in full force and effect.
In the event any insurance policies required by this Agreement are written on a
"claims made" basis, coverage shall extend for two (2)years past completion and
acceptance of Contractor's Work or services and as evidenced by annual
7
DocuSign Envelope ID:3C099725-91B2-4AA8-A36B-F80AE8E669F9
Certificates of Insurance, to be filed with the City Clerk of the City of Apache
Junction.
If a policy does expire during the life of the Agreement, a renewal certificate must
be sent to City thirty (30) calendar days prior to the expiration date. All
Certificates of Insurance shall be identified with bid serial number and title.
Cancellation and Expiration Notice
Insurance required herein shall not expire, be canceled, or materially changed
without thirty (30) calendar days' prior written notice to City.
16. CHANGE ORDERS: A change order is a written order to Contractor,
approved by City's Engineer, issued after execution of the contract authorizing a
change in the Work or an adjustment in the contract sum or the contract time. A
change order signed by Contractor indicates agreement with the change. City
may, without invalidating the contract, order changes in the Work within the
general scope of the contract consisting of additions, deletions or other revisions,
the contract sum, and the contract being adjusted accordingly. All such changes
in the Work shall be authorized by change order and shall be performed under the
applicable conditions of the contract documents. City Manager shall have
authority to order minor changes in the Work not involving an adjustment in the
contract sum or extension of contract time and not inconsistent with the intent of
the Contract Documents. All such changes shall be affected by written order and
shall be binding upon City and Contractor.
17. SUCCESSORS ASSIGNMENT & DELEGATION: City and Contractor
each bind themselves, their partners, successors, assigns and legal
representatives to the other Party hereto and to the partners, successors,
assigns and legal representatives of such other Party in respect to all covenants,
agreements and obligations contained in the contract documents. Neither Party
to the contract shall assign the contract or sublet it as a whole or delegate the
duties hereunder, without the written consent of the other, nor shall Contractor
assign any monies due or to become due to it withoutthe 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.
19. CLAIMS FOR DAMAGES: Should either Party to the contract suffer
injury or damage to personal property because of any act or omission of the other
Party or of their employees or agents for whose acts they are legally liable, claims
shall be made in writing to such other parties within a reasonable time after the
first observance of such injury or damages.
8
DocuSign Envelope ID:3C099725-91B2-4AA8-A36B-F80AE8E669F9
20. PAYMENT & PERFORMANCE BONDS: City shall have the right to
require Contractor to furnish bonds covering the faithful performance of the
contract and the payment of all obligations arising hereunder.
21. SAFETY: Contractor and/or its subcontractors shall be solely
responsible for Contractor's job safety at all times in addition to any obligation
City may have for inspection of trench excavation as created under Occupational
Safety and Health Administration or other similar laws or regulations.
22. RIGHTS & REMEDIES: The duties and obligations imposed by the
Contract Documents and the rights and remedies available thereunder shall be in
addition to and not a limitation of any duties, obligations, rights and remedies
otherwise imposed or available by law. No action or failure to act by City or
Contractor shall constitute a waiver of any right or duty afforded any of them
under the contract, nor shall any action or failure to act Constitute an approval of
or an acquiescence to any breaches thereunder except as may be specifically
agreed to in writing.
23. FORCE MAJEURE: Except for the duty to make payments when due,
neither City nor Contractor, as the case may be, shall be considered not to have
performed its obligations under this Agreement in the event of enforced delay (an
"Enforced Delay") due to causes beyond its control and without its fault or
negligence or failure to comply with applicable laws, including, but not restricted
to, acts of God, fires, floods, epidemics, pandemics, quarantine, restrictions,
embargoes, labor disputes, and unusually severe weather or the delays of
subcontractors or materialmen due to such causes, acts of a public enemy, war,
terrorism or act of terror (including but not limited to bio-terrorism or eco-
terrorism), nuclear radiation, blockade, insurrection, riot, labor strike or
interruption, extortion, sabotage, or similar occurrence or any exercise of the
power of eminent domain of any governmental body on behalf of any public entity,
or a declaration of moratorium or similar hiatus (whether permanent or
temporary) by any public entity directly affecting the obligations under this
Agreement. In no event will Enforced Delay include any delay resulting from
unavailability for any reason of labor shortages, or the unavailability for any
reason of particular Contractors, subcontractors, vendors or investors desired
by Contractor in connection with the obligations under this Agreement.
Contractor agrees that Contractor alone will bear all risks of delay which are
caused by Contractor. In the event of the occurrence of any such Enforced Delay,
the time or times for performance of the obligations of the Party claiming delay
shall be extended for a period of the Enforced Delay; provided, however, that the
Party seeking the benefit of the provisions of this Section shall, within thirty (30)
calendar days after such Party knows or should know of any such Enforced Delay,
first notify the other Party of the specific delay in writing and claim the right to an
extension for the period of the Enforced Delay; and provided further that in no
event shall a period of Enforced Delay exceed ninety (90) calendar days.
24. TERMINATION BY CITY: City shall be permitted to terminate this
Agreement if in the discretion of City manager or his or her designee, believes
9
DocuSign Envelope ID:3C099725-91B2-4AA8-A36B-F80AE8E669F9
Contractor has failed to meet the terms of this Agreement. City shall provide
Notice of Termination to Contractor by Certified U.S. Mail ten (10) calendar days
before such termination takes effect.
25. TERMINATION BY CONTRACTOR: Contractor may terminate this
Agreement if City fails to make payment as agreed upon in this document. Any
other termination will be deemed a breach of contract by Contractor. Contractor
shall provide Notice of Termination to City by Certified U.S. Mail ten (10) calendar
days before such termination takes effect.
26. LIMITATION OF LIABILITY: Notwithstanding anything to the contrary
in this agreement, neither party shall be liable under this agreement or under any
cause of action related to the subject matter of this agreement, whether in
contract, tort (including negligence), strict liability, products liability, indemnity,
contribution, or any other cause of action for punitive, exemplary, special,
indirect, incidental or consequential losses or damages, including loss of profits,
use, opportunity, revenues, financing, or business interruptions, regardless of
whether any such loss or damage was foreseeable; provided that the limitation of
liability set forth in this section shall not apply to either party's willful misconduct
and/or breach of confidentiality provisions.
27. HAZARDOUS MATERIAL LIABILITY: Notwithstanding anything to the
contrary in this or any other document, contractor shall have no liability for any
hazardous materials or damage caused therefrom not introduced to the work
location by it or caused by City or a third party's handling of hazardous materials,
and Contractor shall at no time be deemed to be the owner or be deemed to have
title to such pre-existing hazardous materials.
28. RECORDS: Records of Contractor's labor, payroll and other costs
pertaining to this Agreement shall be kept on a generally recognized accounting
basis and made available to City for inspection on request. Contractor shall
maintain records for a period of at least two (2) years after termination of this
Agreement and shall make such records available during that retention period for
examination or audit by City personnel during regular business hours.
Notwithstanding anything to the contrary in this Agreement, City shall not have
the right to inspect or audit the markup of any lump sum, percentage markup or
multiplier.
29. DISPUTE RESOLUTION:
A. Performance of Parties to Continue. Unless otherwise agreed in writing by the
Parties, during the period in which any dispute is outstanding each of Contractor
and City shall continue to perform its services and carry out its other
responsibilities in accordance with this Agreement.
B. Meet and Confer. City and Contractor shall endeavor to resolve all disputes
between them, prior to commencement of any legal proceedings, by meeting and
conferring on the issues in dispute. The first"meet and confer" shall take place no
10
DocuSign Envelope ID:3C099725-91B2-4AA8-A36B-F80AE8E669F9
later than fifteen (15) calendar days after written request by one of the Parties
identifying with reasonable particularity the matters in dispute. Each meet and
confer shall be attended by representatives of each Party who are familiar with the
facts of the issues in dispute and with full authority to settle and resolve the
dispute. If any dispute has not been resolved within thirty (30) calendar days after
the first meet and confer, either Party may initiate nonbinding mediation.
30. AMENDMENT: It is mutually understood and agreed that no
alteration or variation of the terms and conditions of this Agreement shall be valid
unless made in writing and signed by the Parties hereto, and that oral
understandings or agreements not incorporated herein shall not be binding on
the Parties.
31. ENTIRE AGREEMENT: This Agreement and any attachments
represent the entire agreement between City and Contractor and supersede all
prior negotiations, representations or agreements, either express or implied,
written or oral. It is mutually understood and agreed that no alteration or variation
of the terms and conditions of this Agreement shall be valid unless made in writing
and signed by the Parties hereto. Written and signed amendments shall
automatically become part of the supporting documents, and shall supersede any
inconsistent provision therein; provided, however, that any apparent
inconsistency shall be resolved, if possible, by construing the provisions as
mutually complementary and supplementary.
32. SEVERABILITY: City and Contractor each believe that the execution,
delivery and performance of this Agreement are in compliance with all applicable
laws. However, in the unlikely event that any provision of this Agreement is
declared void or unenforceable (or is construed as requiring City to do any act in
violation of any applicable laws, including any constitutional provision, law,
regulation or city code), such provision shall be deemed severed from this
Agreement and this Agreement shall otherwise remain in full force and effect;
provided that this Agreement shall retroactively be deemed reformed to the
extent reasonably possible in such a manner so that the reformed agreement(and
any related agreements effective as of the same date) provide essentially the
same rights and benefits (economic and otherwise) to the Parties as if such
severance and reformation were not required. Unless prohibited by applicable
laws, the Parties further shall perform all acts and execute, acknowledge and/or
deliver all amendments, instruments and consents necessary to accomplish and
to give effect to the purposes of this Agreement, as reformed.
33. TIME IS OF THE ESSENCE: Time is of the essence with respectto all
provisions in this Agreement. Any delay in performance by either Party shall
constitute a material breach of this Agreement.
34. 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
11
DocuSign Envelope ID:3C099725-91B2-4AA8-A36B-F80AE8E669F9
contracting with Contractors who engage in boycotts of the State of Israel. Should
Contractor under this Agreement engage in any such boycott against the State of
Israel, this Agreement shall be deemed automatically terminated by operation of
law. Any such boycott is a material breach of contract.
35. CONFLICT OF INTEREST: The provisions of A.R.S. § 38-511 relating
to cancellation of contracts due to conflicts of interest shall apply to this contract.
IN WITNESS WHEREOF the parties hereto have caused this Agreement to
be signed by their duly authorized representative as of this 2"' day of
May, 2023.
CONTRACTOR:
MEARS GROUP, INC.,a Delaware
corporation
DocuSigned by:
n�c Uwe
By: Nic Linder
Its: VP of Operations
CITY:
CITY OF APACHE JUNCTION, an Arizona
municipal corporation
DocuSigned by:
By: Matt Busby
Its: Assistant City Manager
ATTEST:
Jennifer Pena
City Clerk
APPROVED AS TO FORM:
IDocuSigned by:
� d %.R. Joel Stern
City Attorney
12
DocuSign Envelope ID:3C099725-9lB2-4AA8-A36B-F80AE8E669F9
ATTACHMENT A
00' 11 11 ''1 "1
prat 24,2023
r. WiAgen
rt Director
City of Apache Junction
4- 14
Subs :Dud&flandhole Install—ftsdism Rd from fronvood to AJ FiicintW
Dear Mr.witthgcn
.its ia..(Amm'Uryic'm company,is Pleawd to Prema our propow for
the above-relemctd pruJect
mean has a long history of excellentce in the Utility eti e. ()UT reputation vifthin
the mdUWy for on schedule,part budget,safe,quality"perforotanee Is well known arm the h• Has
the nth ofprojoct mid office locabous acron the Nation provide tion required for yow
broadband pmjea
Per out,discusmom and ongoing discumons vnth it Im bean determinedthat the SOW for Mem
primarily consists ofthe civil or undermom4 ask associated with the mlecenced project
• Installation of 3 ea.115"HOPE duct along with s IZV Uzect wire upproxosuftly 7,700 If suitfing
texisting 11=4 h0lt et the of Ilmline and Irrmwooit going East on the South imia
f Hwhire ending in ftont of the Animal Shelter.
"Verify the location f ony marked utilities prior to any excavation beginning,
* Marniml rest the 1, "duct prior to installation of the 144et fter cable.Mule ill be insulted
in the two empty dW and secured and capped at ena end,
* Inisall:1 ea.#7 hand holes and 2 ca.#9 hatut holes,
tl'sly lea of the 144ct fiber will be placed in each hand hole
* fiber will be real tested prior to installation in the conduit to ensure no dwnW during delivery,
Furnish and msWI tl"s 4"haniWe in ROW in ftnt of Enginecting building.
isle and install splice am 1 4ct.
ish and n 1 apponsenettly I501f"ef ( )2""HDPE concluft:from handMic in ftner Of building
d new ole(1 r 3 "X24'")placed l corner of fingirteering braldin&
* Install )2"PVC conduit on ouletide of "Idi n to NfEeonw and peneuvw builliflugll
13
DoouSign Envelope ID:3C099r2o-91 E068F9
Hang 1.2$'*fire-ated cornipted coodirit on ceiling rafters above drop-eciling tiles to IT room itt
bwk of building on 24d floor.
Purnish and place 4&A fouso tube single mode fiber orie cable front hmdWW at KOW to palch
panel in IT room.
Final testing per Specificatiom of Misr plwxd Reports provided,
temporary corawtion.
# 2001f stack lo(w of 144ct fiber for f3hat permanent huftall at now ff building
# Furnish and instaff approxinuftly 300117 of Oct loose tube singfe reade r1bgr optic cable in
kMV*rArY 4Wt and existing r conduit at pole(50'shick at hanilhote,200*install,50*suck in M
* Fund testing per specifications of fiber place& Reports proarkled,
Lump Sum Price to provide materials and services described above:
$327,572.00 (ftree ffitaidred Twenty-Sewo Thousand,Five Handrail Steenty'two Dwarf)
* PropoW is continput upon teschings mutual aVvernoot on tf*contract tam and conditions
* All neal material i.e.ifixu,c",vaults,mule tape,fiber is provided by Mean;
* All permits required will be provided by the City
* Traffic control will 00mist of sips WW taotirsibs.No provisions have becti nude tot staggers
andlor police detail
* CIVINSKIP will consist of backfill and tough grading of at"back to existing levels, No vWtation
included
* Any disturbed land surface will be restated to MAG Spec
* Hued on provided erlasination.Mears has utilized stamind watte rates,"prevailing wages,it it
is 4clorninted that prevailing wages we required it will be a change to om unit rates,
* Mem will utilize space inside the Wow Facility for any misc.equipurset and theissials if overraght
storage is required
# All storin water protection(OMPs),eactionarental stathes,Cost,OW Im beg"excluded
Mews appreciates the opportunity to partner with The City of Apache Junction and looks forward to the
opportunity to further discuss our ptoposal and capabilitia&Feel trm to contact myself at 309-253-6511 or
@pjt�:ars or any further questions or cWfications.
Best reprds,
Kevin Po"t
Mews Broadband
14
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6909 E.Greenway Pkwy#175
Scottsdale,AZ 85254
mearsmears.net
g9r
d».(APtafl P$'f db SerThd34".e5 CCf5r1PACd`!'
S
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Y
9 April 24,2023
Mr. Doug Wirthgen
IT Director
City of Apache Junction
dwirth en(a)apachejunctionaz.Gov
480-474-5147
{
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Subject:Duct&Handhole Install—Baseline Rd from Ironwood to AJ Facilities
l�
Dear Mr.Wirthgen:
Mears Group, Inc, (Mears Broadband), a Quanta Services company, is pleased to present our proposal for
the above-referenced project.
Mears has a long history of excellent performance in the Utility Construction arena. Our reputation within.
the industry for on schedule, on budget, safe, quality performance is well known across the country. Has
the strength of project and office locations across the Nation and can provide the attention required for your
r broadband project.
�Mlll Per our discussions and ongoing discussions with your team,it has been determined that the SOW for Mears
primarily consists of the civil or underground work associated with the referenced project.
Primary Installation SOW.•
• Installation of 3 ea. 1.25"HDPE duct along with a 12ga tracer wire approximately 7,7001f starting
?� at the existing hand hole at the S/W corner of Baseline and Ironwood going East on the South side
" of Baseline ending in front of the Animal Shelter.
• Verify the location of any marked utilities prior to any excavation;beginning.
t • Mandrel test the 1.25"duct prior to installation of the 144ct fiber cable. Mule tape will be installed
in the two empty duct and secured and capped at each end.
• Install 7 ea. #7 hand holes and 2 ea. #9 hand holes.
• 50, slack loop of the 1.44ct fiber will be placed in each hand hole
• Fiber will be reel tested prior to installation in the conduit to ensure no damage during delivery.
Enkineerin,-Building SOW.-
• Furnish and install 30"x48"x24"handhole in ROW in front of Engineering building.
• Furnish and install splice case 144ct/48ct.
• Furnish and install approximately 1501f of (2)2"HDPE conduit from handhole in front of building
to new handhole(1.7"x30"x24")placed on N/E corner of Engineering building.
• Install(2)2"PVC conduit on outside of building on N/E corner and penetrate building on 2nd'floor.
�r
• Hang 1.25" fire-rated corrugated conduit on ceiling rafters above drop-ceiling tiles to IT room in
s�
back of building on 2nd floor.
• Furnish and place 48ct loose tube single mode fiber optic cable from handhole at ROW to patch
panel in IT room.
• Provide splice panel and splice l 2ct of the 48ct fiber.
• Final testing per specifications of fiber placed. Reports provided.
Water Treatment Plant SOW.•
• Furnish and install approximately 1251f of 2" HDPE conduit in shallow trench (12" to 16") for
temporary connection.
• Furnish and install splice case (144ct/48ct) in existing handhole on N/E corner of property.
t` • 2001f slack loop of 1.44ct fiber for future permanent install at new IT building
• Furnish and install approximately 3001f of 48ct loose tube single mode fiber optic cable in
temporary duct and existing 2" conduit at pole (50' slack at handhole, 200' install, 50' slack in IT
closet).
• Provide splice panel and splice 12ct of the 48ct fiber.
• Final testing per specifications of fiber placed. Reports provided.
Lump Sum Price to provide materials and services described above:
$3279572.00 (Three Hundred Twenty-Seven Thousand,Five Hundred Seventy Two Dollars)
Additional clarifications:
• Proposal is contingent upon reaching a mutual agreement on the contract terms and conditions
• All real material i.e. duct, caps,vaults,mule tape,fiber is provided by Mears
• All permits required will be provided by the City
4
• Traffic control will consist of signs and barricades. No provisions have been made for flaggers
and/or police detail
• Cleanup will consist of backfill and rough grading of area back to existing levels. No vegetation
included
�i • Any disturbed hard surface will be restored to MAG Spec
• Based on provided information,Mears has utilized standard wage rates,not prevailing wages. If it
is determined that prevailing wages are required it will be a change to our unit rates.
• All permitting cost has been excluded.
• Mears will utilize space inside the Water Facility for any misc.equipment and materials if overnight
storage is required
• All storm water protection(BMPs),environmental studies,cost, etc.has been excluded
�p;
#f
S
Mears appreciates the opportunity to partner with The City of Apache Junction and looks forward to the
opportunity to further discuss our proposal and capabilities. Feel free to contact myself at 309-253-6511 or
kevin.pp ue d)niears.net for any further questions or clarifications.
Best regards,
Kevin Pogue
}$ Director,Pre-Construction
Mears Broadband
ACCEPTED:
Tl* prices;spedfical5om and conditions are satisfadory
and hereby accepted.
i
Buyer.
r�
Signature:
z,
Date of Acceptance:
rn
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City of Apache Junction, Arizona 300 E Superstition
Boulevard
Agenda Item Cover Sheet Apache Junction,AZ
85119
Agenda Item No.6.
File ID: 24-418
Sponsor: Michael Pooley Agenda Date:6/4/2024
Index: In Control: City Council Meeting
Consideration of approval of Resolution No. 24-19, allowing the city to enter into an
Intergovernmental Agreement with the East Valley Critical Incident Response Team.
City of Apache Junction,Arizona Page 1 Printed on 513012024
Apache Junction Police Department
Memorandum
Date: May 2, 2024
To: Mayor Chip Wilson and the City Council
From: Chief Michael Pooley
Subject: East Valley Critical Incident Response Team
------------------------------------..........................................................................................................................................................................................................................................................................................
The City of Apache Junction Police Department (AJPD) is requesting approval
for an Intergovernmental Agreement to join the East Valley Critical Incident
Response Team.
This agreement will allow AJPD to respond to Critical Incidents in the East
Valley as a member of the team. This will give the investigators from AJPD
valuable experience and knowledge to contribute to our investigative team.
This partnership will also allow other agencies to respond to Critical Incidents in
our jurisdiction to assist with investigations where there is a criminal allegation
against a peace officer. This agreement will be in effect until July I st, 2034.
RESOLUTION NO. 24-19
A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY
OF APACHE JUNCTION, ARIZONA, AUTHORIZING THE CITY OF
APACHE JUNCTION TO ENTER INTO AN INTERGOVERNMENTAL
AGREEMENT FOR PARTICIPATION IN THE EAST VALLEY
CRITICAL INCIDENT RESPONSE TEAM.
WHERAS, the East Valley Critical Incident Response Team
("EVCIRT") was created to operate a regional law enforcement
mutual aid task force for critical incidents comprised of
personnel from multiple police agencies in the East Valley; and
WHEREAS, this task force will perform independent,
consistent and thorough criminal investigations of critical
force incidents and investigate criminal allegations against
peace officers employed by participating agencies; and
WHEREAS, it is the intent of the City of Apache Junction
Police Department to cooperate with other east valley law
enforcement agencies in providing mutual aid to further the
public interest; and
WHEREAS, pursuant to A.R. S . §§ 11-952 (A) , 13-3872 and 41-
1762, a public entity may enter into an intergovernmental
agreement ("IGA") with other municipalities and governmental
entities for joint or cooperative activities .
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL
OF THE CITY OF APACHE JUNCTION ARIZONA, AS FOLLOWS :
1) The council hereby approves, and the mayor is authorized to
execute, the EVCIRT IGA as set forth in Attachment A.
2) The chief of police is also authorized to participate in
and designate staff to fulfill all the duties of the
EVCIRT.
PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
APACHE JUNCTION, ARIZONA, THIS DAY OF f 2024 .
SIGNED AND ATTESTED TO THIS DAY OF 2024 .
WALTER "CHIP" WILSON
Mayor
RESOLUTION NO. 24-19
PAGE 1 OF 2
ATTEST:
JENNIFER PENA
City Clerk
APPROVED AS TO FORM:
RICHARD J. STERN
City Attorney
RESOLUTION NO. 24-19
PAGE 2 OF 2
ATTACHMENT A
INTERGOVERNMENTAL AGREEMENT
FOR THE EAST VALLEY CRITICAL INCIDENT RESPONSE TEAM
This Intergovernmental Agreement ("Agreement")is entered into this day of
, 2024,by and between the City of Apache Junction ("Apache Junction"), City of
Chandler("Chandler"), Town of Gilbert("Gilbert"), City of Mesa("Mesa"), Town of Paradise
Valley("Paradise Valley"), Town of Queen Creek("Queen Creek"), City of Scottsdale
("Scottsdale"), and the City of Tempe ("Tempe"), all to be referred to herein individually as
"Party" and collectively as "Parties".
RECITALS:
A) The Parties are authorized to enter into this Agreement pursuant to Arizona
Revised Statutes ("A.R.S.") §§ 11-951, et seq. and 13-3872.
B) The Parties are located in geographical proximity to one another("East Valley")
and share similar public safety responsibilities with respect to criminally
investigating Critical Incidents.
C) A.R.S. § 41-1762 allows the creation and operation of a regional law enforcement
task force comprised of personnel from multiple police agencies in the East
Valley ("East Valley Critical Incident Response Team" or"EVCIRT") to
provide mutual aid to perform the criminal investigation of critical force
incidents, as defined therein, which occur in the agencies'jurisdictions ("Critical
Force Incident").
D) The Parties desire to create a regional task force as prescribed in A.R.S. § 41-
1762 to perform independent, consistent and thorough criminal investigations of
Critical Force Incidents and, at the written request of a Parry's Chief of Police,
investigate a criminal allegation against a peace officer employed by such Party.
E) The Parties desire to work in cooperation with one another by providing mutual
aid to further the public interests served by independent, consistent, and thorough
criminal investigations,pursuant to applicable laws,policies, and the terms of this
Agreement.
AGREEMENT:
NOW THEREFORE, in consideration of the mutual promises and undertakings
contained herein, the Parties agree as follows:
1. PURPOSE
The purpose of this Agreement is to create the EVCIRT for the criminal investigation of
Critical Force Incidents within the Parties'jurisdictions pursuant to A.R.S. § 41-1762,
and to create a framework for the operation of the EVCIRT.
2. LEADERSHIP GROUP
The Parties shall establish a working group consisting of one commander or assistant
chief designated by each Party("Leadership Group") to oversee the operations of the
EVCIRT. The Leadership Group, by majority vote, shall select a Chairperson of the
Leadership Group. The Chairperson shall designate a scribe, who may or may not be a
member of the Leadership Group, to take notes of all meetings. The Leadership Group
shall create policies and procedures for the EVCIRT. The Leadership Group may create
additional working groups to help support the Leadership Group's oversight of the
EVCIRT. Any additional group created by the Leadership Group shall be administered in
accordance with the EVCIRT's policies and procedures.
3. AUTHORITY
The Parties shall be authorized to perform criminal investigations of Critical Force
Incidents within each Party's jurisdiction in accordance with the EVCIRT's policies and
procedures. Pursuant to A.R.S. § 13-3 872, a peace officer acting within the jurisdiction of
another Party pursuant to this Agreement shall have full authority to act as a peace officer
to the same extent as if they were a duly appointed, qualified and acting peace officer of
such Party.
If any Native American tribe becomes a party to this Agreement requests EVCIRT
assistance, all assisting EVCIRT peace officers shall be granted tribal peace officer
authority as necessary within the applicable tribal jurisdiction.
4. TERM
This Agreement will become effective upon execution by the Parties hereto and shall
remain in effect until July 1, 2034,unless otherwise terminated or renewed as provided
herein. Failure by one (1) or more Parties to execute the Agreement shall not invalidate
the Agreement as to those Parties who did so execute. The term of this Agreement will
automatically renew for all Parties to the Agreement(unless a Party has withdrawn from
participation in the Agreement prior to the effective date of the renewal, pursuant to
Section 6)under the same terms and conditions and automatically renew for a two (2)
periods of five (5)years, including any amendments in effect at the time of renewal.
5. WITHDRAWAL
Any Party may withdraw from this Agreement, with or without cause, by giving thirty
(30) calendar days written notice to the other Parties. Withdrawal from this Agreement by
a Party shall not affect the terms of this Agreement as it pertains to the other Parties. The
effect of a withdrawal on the EVCIRT, including any then-active Critical Force Incident
investigations involving the withdrawing Party, shall be set forth in the EVCIRT's
policies and procedures.
6. ADDITIONAL PARTIES
Upon invitation by the Leadership Group, a county,political subdivision of the State of
Arizona, or federally recognized Indian tribe may become a Party to this Agreement
through the approval of this Agreement by its governing body, in accordance with A.R.S.
§ 11-951 et seq., and in accordance with EVCIRT's policies and procedures. The addition
of any Party after this Agreement becomes effective shall not affect the terms of this
Agreement as it pertains to the other Parties.
7. COSTS AND REIMBURSEMENT
Each Party will be responsible for any and all associated costs incurred by their
respective agency in implementing this Agreement and the conduct of Critical Force
Incident investigations, including: employee salaries; shift differential pay; overtime
compensation; benefits; vehicles; and equipment. In no event will any Party charge or
demand payment from any other Party for work performed pursuant to this Agreement.
Notwithstanding any Party's law,policies, or procedures, the Leadership Group, through
the EVCIRT's policies and procedures, may grant Parties the permission to apply for
grant funds designated for or on behalf of the EVCIRT. The distribution of any grant
funds received for the EVCIRT shall be controlled by the terms of the grant, if any, and
handled in accordance with the EVCIRT's policies and procedures, which may include
the reimbursement of costs related to the EVCIRT for a Party or the Parties.
8. DISPUTE RESOLUTION
In the event of any dispute, claim, question, or disagreement arising from or relating to
this Agreement or the breach thereof, the Parties will use reasonable efforts to settle the
dispute, claim, question, or disagreement. To this end, the Parties will consult and
negotiate with each other in good faith and, recognizing their mutual interests, attempt to
reach a just and equitable solution satisfactory to all Parties. The Parties acknowledge
that disputes arising from this Agreement may be subject to non-binding arbitration in
accordance with applicable state law and court rules.
9. INDEMNIFICATION
To the extent permitted by law, each Party (as "Indemnitor") agrees to indemnify,
defend, and hold harmless the other Parties (as "Indemnitee"), its departments, agencies,
elected officials, officers, officials, agents, employees, or volunteers from and against any
and all third party claims, losses, liabilities, costs, or expenses (including reasonable
attorneys' fees, experts' fees, and court costs associated) (hereinafter collectively referred
to as a"Claim(s)") arising out of actions taken in the performance of this Agreement, to
the extent that such Claims are directly caused by the acts, omissions, negligence,
misconduct, or other fault of the Indemnitor, its departments, agencies, elected officials,
officers, officials, agents, employees, or volunteers. If a third-party Claim becomes
subject to the duty to indemnify, defend, and hold harmless set forth in this Section, then.
the Indemnitee agrees to cooperate with the Indemnitor in the defense of the Claim, at the
Indemnitor's sole cost and expense,but only to the extent that such Claim is not related
to an independent Claim of the third-party against the Indemnitee that is not subject to
this Section. The terms and conditions of this Section 9 shall survive the expiration or
earlier termination of this Agreement.
10. GOVERNING LAW AND VENUE
This Agreement is governed by the laws of the State of Arizona without regard to any
conflict of laws principles. Any proceeding arising out of or relating to this Agreement or
any actions to interpret, enforce, or construe any provision of this Agreement will be
conducted in the Superior Court of the State of Arizona, in and for the County of
Maricopa. Each Parry consents to such jurisdiction and waives any objection it may have
to venue or convenience of forum.
11. WAIVERS
The failure of any Party to insist in any one or more instances on performance of any of
the terms or conditions of this Agreement, or to exercise any right or privilege contained
herein, shall not be considered as thereafter waiving such terms, conditions, rights, or
privileges, which shall remain in full force and effect.
12. NON-ASSIGNMENT
No Parry shall assign its interest,rights, or obligations in this Agreement, in whole or in
part, without the prior written consent of the other Parties. No Party shall assign any
monies due or to become due to it,hereunder, without the prior written consent of the
other Parties.
13. ENTIRE AGREEMENT; AMENDMENTS; COUNTERPARTS
This Agreement, including the Recitals (which are incorporated into this Agreement by
this reference), represents the entire understanding between the Parties and supersedes all
prior negotiations, representations, or agreements, either expressed or implied, written or
oral. It is mutually understood and agreed that no modification or amendment of the
terms and conditions of this Agreement will be valid or binding upon the Parties, unless
made in writing and signed by the Parties. This Agreement may be executed in multiple
counterparts, each of which will be deemed an original,but all of which together shall
constitute one and the same instrument. Electronically transmitted and imaged copy
signatures will be fully binding and effective for all purposes.
14. RELATIONSHIP OF THE PARTIES
Each Party shall act in its individual capacity and not as an agent, employee,partner,joint
venture, associate, or any other representative capacity of the other Party. Each Party
shall be solely and entirely responsible for its acts or the acts of its agents and employees
during the performance of this Agreement. This Agreement shall not be construed to
imply authority to perform any tasks, or accept any responsibility, of any other Parry not
expressly set forth herein. This Agreement shall be strictly construed against the creation
of a duty or responsibility, unless the intention to do so is clearly and unambiguously set
forth herein. No Party shall be liable for any debts, accounts, obligations, or other
liabilities, whatsoever, of any other Party, including the other Party's obligation to
withhold social security and income taxes for itself or any of its employees.
1.5. NO THIRD-PARTY BENEFICIARIES
Nothing in this Agreement is intended to create duties or obligations to or rights in third
parties who are not a party to this Agreement, or affect the legal liability of any Parry to
the Agreement by imposing any standard of care different from the standard of care
imposed by law.
16. SEVERABILITY
If any part, term, or provision of this Agreement is held unenforceable or in conflict with
any law, the validity of the remaining portions and provisions hereof shall not be
affected.
17. CONFLICTS OF INTEREST
The provisions of A.R.S. § 38-511 relating to cancellation of contracts due to conflicts of
interest shall apply to this Agreement.
18. WORKERS' COMPENSATION
Pursuant to A.R.S. § 23-1022(D), only for the purposes of workers' compensation
coverage, employees of each Party covered by this Agreement shall be deemed to be an
employee of all Parties. The primary employer shall be solely liable for payment of
workers' compensation benefits. To the extent applicable by law, each Party shall comply
with the notice of A.R.S. § 23-1022(E).
19. NON-DISCRIMINATION
To the extent applicable by law, the Parties agree to comply with A.R.S. Title 41, Chapter
9 (Civil Rights), Arizona Executive Order 2009-09 and any other federal, state, or local
laws relating to equal opportunity and non-discrimination, including the Americans with
Disabilities Act. In the performance of this contract, no Party shall discriminate against
any employee, client, or any other individual on the basis of race, color, ethnicity,
national origin, age, disability, religion, sex, sexual orientation, gender identity, veteran's
status, marital status, familial status, or genetic information.
20. NOTICES
All official notices required or permitted under this Agreement to be given to a Party will
be in writing and will be given by personal delivery against receipt(including private
courier such as FedEx), or certified U.S. Mail, return receipt requested. All notices will
be sent to the addresses below or such other addresses as the Parties may specify in the
same manner. Notices will be deemed to have been given and received on the date of
actual receipt or on the date receipt was refused. Addresses are as follows:
For Mesa: Chief of Police
P.O. Box 1466
Mesa, Arizona 85211
With a copy to: Mesa City Attorney
20 E Main St
Mesa, Arizona 85201
For Gilbert: Chief of Police
75 E Civic Center Dr
Gilbert, Arizona 85296
With a copy to: Gilbert Public Safety Legal Advisor
75 E Civic Center Drive
Gilbert, Arizona 85296
For Chandler: Chief of Police
250 E Chicago St
Chandler, Arizona 85225
With a copy to: Chandler City Attorney
250 E Chicago St
Chandler, Arizona 85225
For Tempe: Chief of Police
120 E 5th St
Tempe, Arizona 85281
With a copy to: Tempe City Attorney
21E6thSt
Tempe, Arizona 85281
For Scottsdale: Chief of Police
3700 N 75th St
Scottsdale, Arizona 85251
With a copy to: Scottsdale City Attorney
3939 N Drinkwater Blvd
Scottsdale, Arizona 85251
For Queen Creek: Chief of Police
20727 Civic Pkwy
Queen Creek, Arizona 85142
With a copy to: Queen Creek Town Attorney
22358 S Ellsworth.Rd
Queen Creek, Arizona 85142
For Paradise Valley: Chief of Police
6433 E Lincoln Dr
Paradise Valley, Arizona 85253
With a copy to: Paradise Valley Town Attorney
6401 E Lincoln Dr
Paradise Valley, Arizona 85253
For Apache Junction: Chief of Police
300 E. Superstition Blvd.
Apache Junction, Arizona 85119
With a copy to: Apache Junction City Attorney
300 E. Superstition Blvd.
Apache Junction, Arizona 85219
21. APPLICABLE LAWS
Any provision required by law to be in this Agreement is part of this Agreement as if
fully stated.
22. NO LIMITATION
Nothing within this Agreement shall be construed to limit the ability of the Parties to
provide, or as otherwise allowed for by law, assistance in any enforcement action as may
be lawfully requested by a law enforcement officer having jurisdiction over an incident,
crime, or matter under consideration.
(SIGNATURES ON THE FOLLOWING PAGE)
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be
executed by their duly authorized representatives on the respective dates entered below.
CITY OF APACHE JUNCTION, an Arizona
municipal corporation
By:
Mayor
ATTEST:
City Clerk
In accordance with A.R.S. § It-952, this contract has been reviewed by the undersigned who
have determined that this contract is in appropriate form and within the powers and authority
granted to the aforementioned municipality, without any representation as to the power or
authority of any other Party.
Attorney
City of Apache Junction
City of Apache Junction, Arizona 300 E Superstition
Boulevard
Agenda Item Cover Sheet Apache Junction,AZ
85119
Agenda Item No.7.
File ID: 24-466
Sponsor: Erika Hernandez Agenda Date:6/4/2024
Index: In Control: City Council Meeting
Consideration of approval of Case P-23-128-ART, a public art mural by artist Paige Reesor,
along the eastern wall of the new multifamily development known as The Residences at
Apache Trail, located on the southwest corner of Broadway Avenue and Tomahawk Road.
City of Apache Junction,Arizona Page 1 Printed on 513012024
City ofApache Junction
Development Services Department V"T
o�
City Council
PUBLIC HEARING STAFF MEMO
DATE: June 4, 2024
TO: Honorable Mayor and City Council Members
THROUGH: Rudy Esquivias, Development Services Director
Sidney Urias, Planning Manager
FROM: Erika Hernandez, Associate Planner
CASE NUMBER: P-23-128-ART
REQUEST: A proposal by 29th Street Capital for a public art mural
along the eastern wall of the new multi-family
development known as The Residences at Apache Trail,
located on the southwest corner of Tomahawk Road and
Broadway Avenue.
BACKGROUND
In October of 2023, Jeff Curran of 291h Street Capital reached out to
Planning Staff to propose a public art mural along a wall that will be
built for the new multi-family development known as The Residences at
Apache Trail, located on the southwest corner of Tomahawk Road and
Broadway Avenue. On December 19, 2023, Michael Porto of 291h Street
Capital formally applied for the proposed public art mural. A detailed
history of this project can be found in the March 11, 2024, Public
Hearing Staff Report (Exhibit 6) .
On March 11, 2024, Paige Reesor ("Artist") , on behalf of 291h Street
Capital, presented the proposal to the Public Art Commission
("Commission") during a public hearing. The Commission continued the
hearing and asked for revisions to include more of Apache Junction' s
recognizable landscapes, as well as alternate color choices .
On April 3, 2024, an additional public hearing was held. One resident
spoke in favor of the artist' s ability to create quality murals. The
Commission voted unanimously to recommend approval of the proposed
mural option number five (5) (Planning Staff Report and exhibits
attached) .
On May 20, 2024, this proposal was discussed during a City Council
work session. It was suggested by a Council Member to include coyotes
and horses and the artist agreed to incorporate silhouettes of these
animals within the mural.
Public Art in Private Development Case P-23-128-ART
June 4,2024,City Council Public Hearing Staff Memo
City ofApache Junction
Development Services Department V"T
PUBLIC ART COMMISSION AND STAFF RECOMMENDATION
The Public Art Commission and Planning Staff recommend approval to the
Apache Junction City Council of the proposed public art Case P-23-128-
ART.
RECOMMENDED MOTION
I move that Case P-23-128-ART, a proposed 350-foot public art mural
along the eastern wall of the new multi-family residential development
called The Residences at Apache Trail on the southwest corner of
Tomahawk Road and Broadway Avenue be APPROVED, subject to the
following conditions:
1 . The execution of a proper contract with the City outlining, at
minimum, the art installation timeline, language to maintain
like-new conditions for at least the first 5 years, inclusion of
the responsible party for maintenance and the duration of that
maintenance (even upon sale) , measures to fix damage, conditions
for potential replacement if the mural is damaged by more than
500, and potential replacement if the mural fades before fifteen
years after installation.
Attachments:
- Exhibit 1 : Recommended Conceptual Mural
- Exhibit 2 : Conceptual Options
- Exhibit 3 : Application Materials
- Exhibit 4 : City Council Staff Memo 5-20-2024
- Exhibit 5 : Public Art Commission Staff Report 4-3-2024
- Exhibit 6: Public Art Commission Staff Report 3-11-2024
2
Public Art in Private Development Case P-23-128-ART
June 4,2024,City Council Public Hearing Staff Memo
Public Art Commission Recommended Option
April 3 , 2024
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REESORPAIGE
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Artist0
Introduction
Since graduating with a Bachelor of Fine Arts degree in 2013, 1 have established myself as a visual
artist in Tempe,Arizona.Alongside my ten-year tenure as a public school teacher, I have
collaborated with esteemed organizations such as the Arizona Arts Education Association,
Downtown Tempe, Tempe Festival of the Arts Youth Exhibition, and the City of Tempe art grants.
Simultaneously, I served as a painting instructor and assistant manager at Painting With A Twist,
overseeing painting classes and providing training for our dedicated staff. Furthermore, I have been
actively involved with the Edna Art Center, where I have contributed to various programs, including
teaching summer art camps, running after-school youth classes, and organizing art sessions in both
virtual and in-person formats.Additionally, I played a significant role in the 150-year celebration of
Tempe by creating engaging videos of"coloring pages" to encourage public participation.Amidst
these endeavors, I have been dedicated to expanding my personal art business, undertaking private
and workplace commissions, executing murals for community and retail settings, and participating in
paid, live painting events. Notably, I recently completed a noteworthy project for Valley Metro,
wherein I showcased famous Tempe landmarks through art in the context of the Tempe Streetcar
initiative. I contributed a public mural at Believe I Can Academy, a specialized institution serving
students with learning differences, which can be admired from Rural Ave. This inspiring artwork
features portraits of historical figures, accompanied by the empowering message "BELIEVE." While
I have lived in Tempe Arizona for 10 years, I loved working with surrounding cities to create beautiful
artwork in our communities. I know the impact on what public art can do for the community.
For the past eighteen years, my artistic journey has encompassed acrylic, oil, and aerosol painting.
It commenced with school projects involving theater set design and interior murals, wherein I
adeptly employed both hand-brush techniques and aerosol works. My expertise lies in landscape
and portrait painting with a focus on realism, infused with a touch of creative expression. While I
have actively pursued private and business mural opportunities, I am equally committed to giving
back to the community by creating murals that cater to their specific needs. The most important part
of the mural process for me is to come up with good mock-up sketches that allow both the client and "
myself to make revisions. I firmly believe that a successful mural begins with a strong and
well-thought-out design. Throughout my career, I have gained extensive experience in working with
scissor lifts for large-scale murals. I take pride in my ability to efficiently complete such projects
within a timeframe of under two weeks. This proficiency allows me to bring grand visions to life while '
ensuring timely delivery and client satisfaction.Alongside my dedication to providing exceptional
artistic solutions for every project, I utilize a vast social media community to disseminate information
about my mural projects and create captivating video and drone content. With a passion for
transforming ideas into resounding artistic achievements, I am poised to deliver outstanding results
at every step of the creative process.
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PAIGEREESOR
resume
CONTACT OBJECTIVE
269-998-3501 My objective is to create a beautiful
paige.reesor.art@gmaiLcom
@paige.reesor.art mural for a new apartment complex in
Apache Junctionhgj
15801 S 48th St#1081
Phoenix Az 85044 HONORS & PROFESSIONAL MEMBERSHIPS
EDUCATION Arizona Art Education Association 2016-Present
• National Art Education Association 2016-Present
• Arizona Education Association 2018-Present
2013 • Artlink Participant
Bachelor of Fine Arts • Tempe Sister Cities-Teacher Exchange Sweden 2017
Major: Art Education • AzCentral Who's Next:Arts Award 2018
• Winner of the Battle of the ARTwist at EDGE, Tempe Center of the Arts 2019
Western Michigan University • Tempe Diablos Excellence in Education:
Kalamazoo, Michigan Inspirational Award 2020
• City of Tempe:Arts & Culture: Educator Award 2020
CERTIFICATION • Valley Metro-Tempe Streetcar Poster- March 2022
Arizona Teacher certification WORKING EXPERIENCE
K-12 Art Endorsement -PRESENT
• Mosley Middle School l - Art Educator
PROFESSIONAL SKILLS Tempe Elementary School District
Business- Paige Reesor Art LLC o Tempe Professional Learning Program Mentor
Painter& Muralist 2018-Present
Acrylic Hand-Brush and Aerosol Spray Paint o Tempe City Grants recipient 2017, 2018, 2019
Portraits and Landscapes
Anti-graffiti and UV protection o Educator role involves planning and preparing
Work with Scissor Lifts lessons, as well as teaching students according to
statewide curriculum requirements.
Instructor for City of Tempe o Expanding the art curriculum by introducing new and
"Arts in the Park"series varied experiences such as guest artists, schoolwide
projects and instituting a yearly school arts festival.
�018 2022
Candidate for Tempe Union • City of Tempe: Edna Vihel Center- Art Instructor
High School Governing Board o Teach summer camps and extracurricular art classes
2018-2020 o Created the art curriculum for these programs
Social Media Outreach for Arizona Art
Education Association � ������ �
• Cactus Canyon Junior High - Art& Drama Educator
20 �"?019 Apache Junction Unified School District
Assistant Manager and Painting
Instructor at Painting With A Twist
REESORPAIGE
resume
ART GALLERIES + SHOWS
• Skyline Lofts Gallery space,Phoenix AZ,October 2014 • Aloha Yogurt,Tempe AZ,May—August 2017
• Bliss Rebar,Phoenix AZ,November 2014 • The Millet House Gallery,Mesa AZ,July—September 2017
• The Lost Leaf,Phoenix AZ,January 2015 • Treehouse Bakery,Phoenix AZ,August 2017
• Brick Urban Kitchen,Phoenix AZ,February-April 2015 • 9 The Gallery,Tiny Works,Phoenix AZ,December 2017
• Mother Bunch Brewing,Phoenix AZ,May 2015 • Grand Art Haus,Nasty Women,Phoenix AZ,January 2018
• Mother Bunch Brewing,Phoenix AZ,September 2015 • The Open Source,Tempe AZ,April 2018
• Taste of Tops,Tempe AZ,October 2015-November 2015 • Little Free Library,Southwest Human Development,
• KayRae art show called B.A.M,Handlebar,Tempe AZ,November 2015 Scottsdale AZ,April 2012
• The 9 Gallery,Phoenix AZ,December 2015 • Arizona Artisan Collective,Tempe AZ,July 2018
• MissConstrued Boutique,Phoenix AZ,January 2016—December 2016 • Unexpected,Phoenix AZ,July 2018
• Star Wars Art Show at Casa Lounge,Tempe AZ,December 2015 • Scottsdale Center of Performing Arts,#RedForEd,Scottsdale
• Treeo Art Gallery,Phoenix AZ,February 19-March 14 AZ,Sep-Nov 2018
• Skyline Lofts Art Gallery,Phoenix AZ,April 2016 • 9 The Gallery,Tiny Works,Phoenix AZ,December 2018
• Casey Moores,Art Housed,Tempe AZ,April 2016 • 6th Street Public Market,Tempe AZ,Spring 2018
• The Lost Leaf,Phoenix AZ,July 2016 • Tempe Screened,Tempe Center of the Arts,March 2019
• Treeo Art Gallery,Phoenix AZ,September 2016 • Tempe Public Library,August-December 2019
• Bubbles Bar,Scottsdale AZ,November 2016 • Tempe 150 year Anniversary Coloring Pages,2021
• 9 the Gallery,Tiny Works,Phoenix AZ,December 2016 • Valley Metro,Tempe Streetcar,Coming Soon April 2022
• Grand ArtHaus,Nasty Women,Phoenix AZ,January 2017 • Cactus Collective,Scottsdale Fashion Square Mall,March
• 9 the Gallery,Red Art For Life,Phoenix AZ,March 2017 2022 and Private Collection in Office
• Warehouse 1005,LEIA,Phoenix AZ,May 2017
MURALS
• Sunset Mural,Gililland Middle School,Tempe AZ,2018
• Tempe Sunset,Daley Park(Private resident),Tempe AZ,2021 • Airbnb Murat,January 2023,Scottsdale
• Tempe RoadRunners,Gililland Middle School,Tempe AZ, • Airbnb Murat February,2023
2021 • Sot Prints,Caesar Chevaz Mural,March 2023
• Brick Road Mural,Brick Road Coffee,Tempe AZ,2021 • Personal Backayrd Mural,March 2023
• Believe I Can Academy,Tempe AZ,February 2022 • Oak Street Mural,March 2023
• City of Chandler,Digital Utility Box,April 2023
• Black History Matters,Shining Light Foundation,Phoenix AZ, • Personal Backyard 17ft high mural,Phoenix,April
March 2022 2023
• Cactus Collective,Scottsdale Fashion Square Mall,March • 1oJo's ShakeBar,Scottsdale Quarter,May 2023
2022 and permanently in office • Suns and Mercury NBA mural-Footprint Arena,
September 2023
• Tempe Mural,The Tempest Hotel,Tempe AZ,2022 • Few local murals since this date...
• Dentist Mural,Ahwatukee AZ,April 2022
• Booker T Washington Child Development Center,Phoenix AZ,
June 2022
• Airbnb,Mesa AZ,Juty 2022
• Airbnb,Phoenix AZ,July 2022
• Amazon,Phoenix AZ,Coming Soon Fall 2022
• Private resident,Central Phoenix, September 2022
• Presidio,Restaurant in Central Phoenix,October 202
• Airbnb Mural October 2022
• ANC mural,November 2022
• Airbnb Mural,November 2022
• Private mural,2022
REESORPAIGE
references
Corey Woods City of Tempe Mayor
Private Art Collection
480-748-3940
cdwoods7@gmail.com
Gabe Hagen Brick Road Coffee Mural
Owner of Brick Road Coffe in Tempe
319-929-6464
brickroadcoffee@gmail.com
Brickroadtempe.com
Sarah Davis BELIEVE Mural
Believe I Can Academy in Tempe
480-577-0865
believeicanacademy@gmail.com
believeicanacademy.org
Dane Ryals Valley Metro
Tempe Streetcar Project - Coming Soon
602-523-6079
dryals@valleymetro.org
REESORPAIGE
Imoges of Portfollo Work
Cesar Chavez
March 2023
d
Sol Prints
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Monument Vally
February 2023
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16ft by 14ft on cinderblock
Portal into a Oasis
April 2023
Private Backyard
` Aerosol spray paint
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35ft by 17ft on textured
80s and 90s Celebrites
Joao's Shakebar in Scottsdale
Quarter
May 2023
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REESORPAIGE
Imoges of Portfollo Work
BELIEVE I CAN Academy
January 2022
" 2120 S Rural Rd,Tempe,AZ 85282
Exterior Paint and Spray Paint
` 70ft by 8ft
Some close up images
Each letter of BELIEVE has a historical
figure voted by the students at the
academy.
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REESORPAIGE
Excited to be apart of the Apache Trails Apartment complex to bring a vibrant mural to
Apache Junction that reflections the culture and community of this city. This masterpiece
will capture the essence of Arizona's stunning landscape, featuring intricate details of Gila
monsters, Havelina, mountain lions, and hummingbirds (and any other animals we would
like to add) surrounded by iconic cacti and blooms. The backdrop will showcase majestic
mountain ranges and silhouettes, creating a harmonious blend of nature and artistic
expression. Adding a touch of warmth and desert charm. The minimal silhouette of cacti
and hills will elegantly grace the mural in shades of yellow and terra-cotta, creating a serene
backdrop. In the foreground, expect highly detailed cactuses to stand out, adding e th and
capturing the essence of Arizona's unique beauty. Can't wait to see the blend of simplicity
and intricate details come together.
v.
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Scoled Site Pion
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City of Apache Junction
Development Services Department
Public Art Maintenance Plan
PART 1: CONTACT INFORMATION
Artist(s): Paige Reesor/Business Name Paige Reesor Art LLC
Type of Artwork: Mural
Location of Artwork: Eastern wall of the Residences at Apache Trail along Tomahawk Rd.
Responsible Person(responsible for maintenance,repair of artwork, and time frames). Please include
additional artist details in a separate attachment.
Artist: Paige Reesor/Business name Paige Reesor Art LLC
Address: 15801 S.48th St.,Apt 1081 Phoenix,AZ 85048
Email: paige.reesor.art@gmail.com
Telephone: (269)998-3501 Timeframe: 5 years
Property Owner: 29SC Apache Trail Property Owner LLC
Address: 20 N.Wacker STE 2050, Chicago, IL 60606
Email: mporto@29sc.com
Telephone: (847)414-5168 Timeframe: 10 years
Artist(s)Contact Information(attach additional pages if necessary)
Address: 15801 S.48th St., Phoenix,AZ 85048
Email: paige.reesor.art@gmail.com
Telephone: (269) 998-3501 Webpage: paigereesor.com
Michael Porto 1.��°� °°��° 2/5/24
Ap heT p y0 rLC,C�A ohael
Property Owner Signature: Date 2024 02 05 12_12_a80600 Date:
1
Planning&,Zoning—Building&Sql ety—Revenue Development
300 E. Superstition Blvd.,Apache Junction,AZ 85119 1 Ph: (480)474-5083 1 Fax- (480)982-7010
City of Apache JunctionrN
Development Services Department
PART 2: INSTALLATION AND MAINTENANCE.When possible,please supply brand names of
materials used;product sheets; and if necessary, attach additional pages to complete this form more fully.
Medium and Technique
1. Principle materials used in fabrication, description in detail(i.e., specific metal,brand name,
source,manufacturer, etc.).If applicable, describe any electrical component used,their operation
and supplier.
Cinder block wall and masonry primer provided by the client(artist does not do this part).
2. Other materials used such as screws nailsglue, armatures etc.:
Sherwin Williams exterior paint 94 Montana spray paint cans. Paint rollers, brushes,water buckets, spray
paint caps, masking tape,plastic sheets,stencils, and a small ladder.
3. Equipment used in construction:
Projector for night time and to do the outline of the mural, a table for the projector, a small ladder, and a
wagon for materials.
4. Final work methods, describe in detail(i.e., cast,welded, carved,modeled,thrown, assembled,
etc.). If the work has been cast, specify how many have been and/or will be produced:
Primer is completed by the contractors.
Artist methods start with an exterior Sherwin Williams pain for the base,94 spray cans for detailed work,
and sealant for the last step.
5. Describe how final surface/patina achieved:
It will be done using a spray gun, brushes, rollers, and aerosol spray cans.
6. Protective coating and methods of application:
Rollers for the anti-graffiti sealant or UV protecting Modern Masters Sealant.
7. Where work was completed(i.e.,name of studio,foundry, etc.):
Will be completed at the Apache Trails Apartment Complex.
2
Planning&Zoning—Building&Sgpty—Revenue Development
300 E. Superstition Blvd.,Apache Junction,AZ 85119 1 Ph: (480)474-5083 1 Fax: (480) 982-7010
City of Apache JunctionrN
Development Services Department
8. Date work was/will be completed: Fall/Winter 2024
9. Additional comments:
The wall and complex has not been built.
Environmental Factors
1. Describe existing environmental factors which may affect the condition of the artwork and any
precautionary measures which should be taken(e.g., direct sunlight,extremes of annual rain,
temperature, air moisture or dryness, acidity of rainfall.Flooding,wind,vibrations,air pollutants,
vehicular and/or pedestrian traffic; animal interaction with artwork—potential for nesting,
droppings, etc.;human interaction with artwork—touching, sitting, climbing,vandalism):
The wall will face the east and will receive direct sun until about noon.The yellow tones may be switched to
dark blue tones, as it handles UV light better. It will likely have bird droppings,which can be cleaned off with
a water hose(do not use power wash setting).Anti-graffiti sealant helps with the elements from humans
and UV/rain.Anti-graffiti can be removed with a warm power wash.
2. Describe normal changes in the materials that may occur as part of the normal process of being
exposed to the environment:
1 usually like to do a satin finish for better UV protection.
Desired Appearance
1. Describe in specific terms and,if necessary,with drawings or photographs,the physical qualities
for which the responsible agency should strive to maintain the artist's intent(e.g.,matte rather
than glossy luster, color of patina).As related to natural aging of materials,what may be an
acceptable alteration in form, surface,texture, and coloration?
1 usually like to do a satin finish,which is better for UV reflection.
2. Is the work site specific? �✓ Yes❑No
If the work is site specific, describe in detail the particular relationship of the work to its site,
including any significant physical aspect of the site that if altered would significantly alter the
intended meaning and/or appearance of the work(e.g., landscaping, addition of new public
artworks, seating, etc.).
I will be working around the landscaping that will be on the property. We will make sure the main focus on
he mural will not be in front of a trees, big brushes, etc.Also 1 will be adding cactus paintings into the mural
so 1 would love to see cactus in the landscaping of the surrounding area.
Planning&Zoning—Building&Snpty—Revenue Development
300 E. Superstition Blvd.,Apache Junction,AZ 85119 1 Ph: (480)474-5083 1 Fax: (480)982-7010
City of Apache JunctionrN
Development Services Department
Maintenance/Conservation Instructions
Please provide detailed instructions regarding the methods and frequency of maintenance for the artwork
(with observations regarding permanency/durability of materials and techniques).
1. Routine maintenance(e.g.,removal of dust and dirt; maintenance of protective surfaces;
tightening, adjusting,oiling, etc.):
Cleaning should be done by the owner/complex. Make sure to not use a high power wash setting to avoid
damage.A soft-bristled brush,vacuum cleaner with a micro-suction tool,or another gentle tool is used to
remove surface dirt and dust. Do not apply too much pressure or use abrasive materials to avoid scratching
or damaoina the mural, M
2. Cyclical maintenance(less frequent and more extensive preventative measures, e.g., disassembly
and inspection;reapplication of protective sealers,repainting,etc.):
If fading occurs,the artist can do a small touch up on colors.The fee can be anywhere from
$5,000-$10,000. Once re-adding colors, reapply sealant.sealant can be anywhere from$150-$280 for a
gallon for 400 square feet.
4
Planning&Zoning—Building&RSglety—Revenue Development
300 E. Superstition Blvd.,Apache;function,AZ 85119 1 Ph: (480)474-5083 1 Fax- (480)982-7010
t +`
Itemized Budget
Public Art Fee - $100 000
- Included under Permit B-2022-1096 and paid under invoice dated 10/17/2023
Paige Reesor Contract- $74,065.20
- Per signed Contract:
0 400ftx6ft mural,excluding priming-$60,000
o Mock-up Sketches - $1,000
o Anti-Graffiti and UV Protection. Sealant- $7,200
- Estimated Maintenance over 5-years (Not in Artist contract)—$4,000
Masonry Wall and Primer—GC Contract - $23,600
- Masonry Builder Wall- $22,000
- Primer- $1,600
Cast Bronze Plaque— Separate Owner Contract
- Fabrication and Installation- $1,000
Architecture, Engineering and Admin Costs - $5,000
• Architectural Updated Drawings—$1,500
• Civil Updated Drawings -$3,000
• Misc Admin- $500
29THSTPEETCAPITAL
December 13, 2023
Via email
Paige Reesor
Paige Reesor Art, LLC
15801 S 48th Street
Phoenix, AZ 85048
Re: Exterior Mural Purchase Order for Residences at Apache Trail
This Purchase Order is made as of December 12, 2023 by and between 29SC Apache Trail Property Owner LLC
("Buyer"), and Paige Reesor Art, LLC ("Seller"), for the design and installation of the exterior mural ("Contracted
Items") as shown on Schedule A, to be delivered to and installed at the building known as Residences at Apache Trail
(the"Delivery Location")
Seller warrants to Buyer that the Contracted Items furnished will be new unless otherwise specified and will be of good
quality, free from faults and defects and in conformance with the specifications of the Contracted Items, and shall be
fit for the intended purpose.
The price shall be $ (design fee) +$ (accessories) + $ (art) (the"Contract Price")
Payment:
Payment schedule as follows:
Mural(400'x 6) - $60,000
Mock-Up Sketches- $1,000
Anti-Graffiti/UV Sealant- $7,200
Sales Tax- $5,865.20
TOTAL - $74,065.20
1
29THSTREETCAPITAL
Target Delivery,Assembly and Installation Dates
Mobilization: Fall, 2024(the"Target Date")
Design: Seller shall be responsible for complete design for the installation of the Contracted Items. Such design
services include,but are not limited to: (1)verifying all existing conditions within which the Contracted Items are to
be installed; (2) selecting the right equipment for the existing conditions and the Buyer's intended use; (3) location
of equipment for optimal use; (4)efficient traffic flow; (5)spacing around equipment; and(6)electrical layout.
Installation:
Installation Duration—4 Weeks
Seller shall provide all labor, tools and equipment necessary to assemble and install the Contracted Items at the
Delivery Location. Seller agrees to provide, at Seller's expense, daily trash removal service in connection with the
removal of trash resulting from the installation and assembly process.
Seller shall promptly report to Buyer conditions observed at the installation location prior to the commencement of
the installation of the Contract Items that would impede Seller's installation of the Contracted Items.
Seller shall supervise and direct the installation of the Contracted Items using Seller's best skill and attention. Seller
shall be solely responsible for and have control over the means, methods, techniques, sequences and procedures of
fabrication, shipment, delivery and installation, safety and for coordinating all portions of the installation under this
Purchase Order.
Acceptance and Risk of Loss:
Upon completion of delivery and installation, Buyer shall conduct an acceptance inspection. Buyer may reject
nonconforming or damaged items by notifying Seller in writing of such rejection within 30 days after inspection.
Upon rejection, Seller shall remove the rejected items from the Project premises and replace items with conforming
or undamaged ones in a reasonable timeframe.
Notwithstanding any other provision of this Purchase Order or any requirement of law to the contrary,the risk of loss
or damage to the Contracted Items shall be and remain with Seller until the time the Contract Equipment is delivered
to the Delivery Location, installed by Seller, and accepted by Buyer, and Seller shall maintain adequate and
commercially reasonable insurance coverages for the Contract Equipment to the full extent of their replacement cost
and Buyer's security interest in the Contract Equipment shall extend to the proceeds of insurance thereon. Buyer
shall be named as an additional loss payee on all such policies.
Seller shall promptly remedy damage and loss to property, including the Contracted Items caused in whole or in part
by Seller or anyone directly or indirectly employed by Seller.
Insurance: Seller performing any work on the Buyer's property shall procure and maintain in effect during the term
of the service, and for such longer periods as required by the work,the insurance coverages described below:
a. Commercial General Liability Insurance:Bodily Injury,Property Damage,Personal Injury,Broad
Form Blanket Contractual and Broad Form Property Damage coverage, with combined single limits of not
less than One Million Dollars ($1,000,000.00) per occurrence and ($2,000,000.00) per project annual
aggregate. Name Buyer and its members, managers, agents, as "Additional Insureds" on a primary and non-
contributory basis.
2
29THSTPEETCAPITAL
b. Property Insurance:Covering all property owned by,or in control of,Seller,that is not incorporated
into the Work, including,without limitation,tools, equipment and materials.
Subcontractors: Seller shall require subcontractors to comply with the following insurance requirements:
a. Worker's Compensation Insurance: with statutory benefits and limits that fully comply with all
State and Federal requirements.
b. Coverage "B" Employer's Liability Insurance: Limits of Five Hundred Thousand Dollars
($500,000.00) per accident,Five Hundred Thousand Dollars ($500,000.00)each employee for bodily injury
due to disease.
c. Automobile Liability Insurance: Limits of Liability to be not less than One Million Dollars
($1,000,000.00).
d. Commercial General Liability Insurance:Bodily Injury,Property Damage,Personal Injury,Broad
Form Blanket Contractual and Broad Form Property Damage coverage, with combined single limits of not
less than One Million Dollars ($1,000,000.00) per occurrence and ($2,000,000.00) per project annual
aggregate. Name Buyer and its members,managers, agents, as "Additional Insureds" on a primary and non-
contributory basis.
e. Property Insurance:Covering all property owned by,or in control of,Seller,that is not incorporated
into the Work, including, without limitation,tools, equipment and materials.
Seller agrees that it will contractually obligate subcontractors to indemnify, defend and hold harmless the Buyer to
the same extent that Seller is required to indemnify and hold harmless Buyer.
Other Conditions:
Seller shall retain title to all goods subject hereof until such time as the Contracted Items are delivered to the Delivery
Location, installed by Seller, and accepted by Buyer. All goods in which Seller has, or comes to have, an interest or
which could be converted into conforming goods by Seller's manufacturing processes,shall be deemed identified as
goods to which this Purchase Order refers.
It is understood and agreed that Schedule A is intended only as a description of the Contracted Items to be supplied
under this Purchase Order and, therefore, to the extent that Schedule A consists of terms and conditions that do not
define the Contracted Items to be supplied under this Purchase Order (e.g., payment terms, limitations of liability,
dispute resolution, buyer obligations, etc.), such terms and conditions are not to be deemed a part of this Purchase
Order and shall be of no force or effect. Further,to the extent that Schedule A consists of terms and conditions that
conflict with the terms and conditions contained in the remainder of this Purchase Order, the terms and conditions
contained in the remainder of this Purchase Order shall govern and control..
Invoices should be submitted to devinvoice@29sc.com
To the full extent permitted by law, Seller agrees to defend, indemnify and save harmless Buyer from and against
any claim, cost, expense, or liability (including attorneys' fees, and including costs and attorneys' fees incurred in
enforcing this indemnity), attributable to bodily injury, sickness, disease, or death, or to damage to or destruction of
property(including loss of use thereof),caused by, arising out of,resulting from, or occurring in connection with the
Seller's performance of its obligations under this Contract; provided, however, Seller shall have no duty under this
3
TN STREET CAPITAL
Paragraph to the extent claim, cost, expense, or liability arises out of Buyer's negligent or intentional misconduct or
the negligent or intentional misconduct of anyone for whom Buyer is liable(excepting only Seller).
Seller hereby waives any limitation on amount or type of damages,compensation or benefits payable by or for Seller
or a Subcontractor under workers' compensation acts, disability benefit acts or other employee benefit acts.
This Purchase Order contains the sole, only and entire agreement of the parties hereto and supersedes any prior
understandings or written or oral agreements between the parties respecting the subject matter hereof. No
representations,warranties or promises not expressly contained herein shall be binding upon the parties.
This Purchase Order may be amended or modified only by an instrument in writing executed by all parties hereto.
Neither this Purchase Order, nor the responsibilities, obligations, or benefits hereunder, shall be assigned by Seller
without the prior written consent of Buyer. Any such assignment if not consented to by Buyer shall be null and void
and of no force or effect. Buyer shall have the right to assign this Purchase Order to a successor developer or owner
without Seller's consent and Seller agrees to execute all documents reasonably required to facilitate such an
assignment. Nothing in this Purchase Order shall limit Buyer's right to freely assign or delegate any rights or
obligations under this Contract to any entity controlling, controlled by, or under common control with Buyer.
Any waiver of any breach hereof or default hereunder shall not constitute a waiver of any subsequent breach or default
of the same or any other provision contained herein.
All obligations of the parties created hereunder are performable in whole or in part in state and county where the
Project is located, where venue shall lie for any action brought hereunder or brought between the parties hereto.
In Witness Whereof, the parties have executed this Contract on the date above written
SELLER: BUYER:
By: By:
�r
Nam (--/ Name:
Title: Title:
Date: O��>--I . Date:
4
29THSTREETCAPITAL
Schedule A
Scope of Services
Mural
- 400' x 6' Mural,not including priming
Mock-Up Sketches
- 3 Designs
Anti-Graffiti and UV Protection Sealant
- Material and Labor
Provided by Owner/GC
- Primed Wall
- Restroom on site
- Running water on site
20 N WACKER SUITE 4210 1 CHICAGO,IL 60606
28THSTRE ETCAPITA L.COM
City ofApache Junction
Development Services Department V"T
o�
City Council
WORK SESSION STAFF MEMO
DATE: May 20, 2024
TO: Honorable Mayor and City Council Members
THROUGH: Rudy Esquivias, Development Services Director
Sidney Urias, Planning Manager
FROM: Erika Hernandez, Associate Planner
CASE NUMBER: P-23-128-ART
REQUEST: A proposal by 29th Street Capital for a public art mural
along the eastern wall of the new multifamily
development known as The Residences at Apache Trail,
located on the southwest corner of Broadway Avenue and
Tomahawk Road.
BACKGROUND
In October of 2023, Jeff Curran of 291h Street Capital reached out to
Planning Staff to propose a public art mural along a wall that will be
built for the new multifamily development known as The Residences at
Apache Trail, located on the southwest corner of Broadway Avenue and
Tomahawk Road. On December 19, 2023, Michael Porto of 29th Street
Capital formally applied for the proposed public art mural . A detailed
history of this project can be found in the March 11, 2024, Public
Hearing Staff Report (Exhibit 5) .
On March 11, 2024, Paige Reesor ("Artist") , on behalf of 291h Street
Capital, presented the proposal to the Public Art Commission
("Commission") during a public hearing. The Commission continued the
hearing and asked for revisions to include more of Apache Junction' s
recognizable landscapes, as well as alternate color choices .
PUBLIC ART COMMISSION RECOMMENDATION
One resident spoke in favor of the artist' s ability to create quality
murals. The Commission voted unanimously to recommend approval of the
proposed mural option number five (5) during a public hearing on April
3, 2024 (Planning Staff Report and exhibits attached) .
STAFF RECOMMENDATION
Staff recommends approval of the proposed public art case P-23-128-
ART.
1
Public Art in Private Development Case P-23-128-ART
May 20,2024,City Council Staff Memo
City ofApache Junction
Development Services Department V"T
Attachments:
- Exhibit 1 : Recommended Conceptual Mural
- Exhibit 2 : Conceptual Options
- Exhibit 3 : Application Materials
- Exhibit 4 : Public Art Commission Staff Report 4-3-2024
- Exhibit 5 : Public Art Commission Staff Report 3-11-2024
2
Public Art in Private Development Case P-23-128-ART
May 20,2024,City Council Staff Memo
City ofApache Junction
� .;.� Develc��a�t ent Services Department ��
�"` r`
PUBLIC ART COMMISSION
PUBLIC HEARING STAFF REPORT
DATE: April 3, 2024
TO: Public Art Commission
THROUGH: Rudy Esquivias, Development Services Director
Sidney Urias, Planning Manager
FROM: Erika Hernandez, Associate Planner
CASE NUMBER: P-23-128-ART
REQUEST: A proposal by 29th Street Capital for a public art mural
along the eastern wall of the new multifamily
development known as The Residences at Apache Trail,
located on the southwest corner of Broadway Avenue and
Tomahawk Road.
BACKGROUND
In October of 2023, Jeff Curran of 291h Street Capital reached out to
Planning Staff to propose a public art mural along a wall that will be
built for the new multifamily development known as The Residences at
Apache Trail, located on the southwest corner of Broadway Avenue and
Tomahawk Road. On December 19, 2023, Michael Porto of 29th Street
Capital formally applied for the proposed public art mural . A detailed
history of this project can be found in the March 11, 2024, Public
Hearing Staff Report (Exhibit 1) .
On March 11, 2024, Paige Reesor ("Artist") , on behalf of 291h Street
Capital, presented the proposal to the Public Art Commission
("Commission") during a public hearing. The Commission continued the
hearing and asked for revisions to include more aspects of Apache
Junction, as well as alternate color choices, at a special meeting on
April 3, 2024 .
RECOMMENDED MOTION
I move that the Public Art Commission recommend to the Apache Junction
City Council the approval of Option 1, 2, 3, 4, or 5 with Variation 1,
2, 3, 4, 5, and/or 6 submitted by the applicant for the proposed mural
along the wall facing Tomahawk Road for the new 201-unit multifamily
development known as The Residences at Apache Trail located on the
southwest corner of Broadway Avenue and Tomahawk Road subject to the
following conditions of approval:
1
Public Art in Private Development Case P-23-128-ART
April 3,2024,Public Art Commission Staff Report
City ofApache Junction
� .;.� Develc��a�t ent Services Department ��
�"` r`
1 . The execution of a proper contract with the City outlining, at
minimum, the art installation timeline, language to maintain
like-new conditions for at least five (5) years, inclusion of
the responsible party for maintenance and the duration of that
maintenance (even upon sale) , measures to fix damage, conditions
for potential replacement if the mural is damaged by more than
fifty (50) percent, potential replacement if the mural fades
before fifteen (15) years after installation.
Attachments:
- Exhibit 1 : Public Hearing Staff Report 3-11-2024
2
Public Art in Private Development Case P-23-128-ART
April 3,2024,Public Art Commission Staff Report
City ofApache Junction
Development Services Department V"T
PUBLIC ART COMMISSION
PUBLIC HEARING STAFF REPORT
DATE: March 11, 2024
TO: Public Art Commission
THROUGH: Rudy Esquivias, Development Services Director
Sidney Urias, Planning Manager
FROM: Erika Hernandez, Associate Planner
CASE NUMBER: P-23-128-ART
REQUEST: A proposal by 29th Street Capital for a public art mural
along the eastern wall of the new multifamily
development known as The Residences at Apache Trail,
located on the southwest corner of Broadway Avenue and
Tomahawk Road.
BACKGROUND
A developer may use one (1) of the following options to satisfy the
Public Art requirement that is triggered during the building permit
process for new commercial developments, mixed use developments,
multifamily developments, multifamily expansions, public construction
projects, and renovations of fifty (50) percent for mixed use and/or
nonresidential buildings:
1 . Pay the Public Art fee, up to a maximum of $100, 000; or
2 . Formally apply for a public art project in lieu of the fee. The
estimated cost of the art must be at least the cost of the Public
Art fee.
In October of 2023, Jeff Curran of 29t' Street Capital reached out to
Planning Staff to propose a public art mural along a wall that will be
built for the new multifamily development known as The Residences at
Apache Trail, located on the southwest corner of Broadway Avenue and
Tomahawk Road. On December 19, 2023, Michael Porto of 29t' Street
Capital formally submitted an application for the proposed public art
mural (Exhibit 1) .
Up until 291h Street Capital decided to pursue a public art project,
all development projects had chosen to pay the fee . Although a few
public art projects on private property exist today, this proposal
will officially be the first public art on private property proposal
since the creation of Public Art Commission.
Public Art in Private Development Case P-23-128-ART
March 11,2024,Public Art Commission Staff Report
City ofApache Junction
Development Services Department V"T
RESEARCH
In reviewing the application materials, Staff agrees that Paige Reesor
("Artist") has ample qualifications. She has completed numerous art
mural projects throughout the Phoenix Metro Area and has showcased her
art in art galleries and art shows. Staff invited the City' s Art
Consultant, Dianne Cripe, to review the submittal, to which she noted
that she was familiar with the Artist' s work and had no objections .
The Artist' s portfolio introduced Staff to several completed art
projects utilizing mainly monochromatic color schemes with instances
of vibrant colors . The themes tend to be portraits of historical and
pop culture figures, and only two (2) previous designs in the
submittal include desert landscapes . There are, however, a number of
landscape murals found on her social media profile showcasing her
experience with this theme (www.instagram.com/paige.reesor.art/) .
The four (4) conceptual drawings show varying art styles and color
pallets; however, the scaled drawings and perspective views is
slightly different from the conceptual Option 1 .
The maintenance plan appears to be detailed enough to prepare the
owner to take over the maintenance once the Artist' s maintenance
timeframe is completed. It includes methods of protection, care,
necessary supplies and materials, and instructions for possible
fading.
This public art proposal is associated with building permit No. B-
2022-1096, for a new clubhouse within The Residences at Apache Trail,
a 201-unit rental community. The mural is proposed to be located on
the west side of Tomahawk Road facing the right-of-way, atop a gabion
wall. The Public Art fee is maxed out to a total of $100, 000, invoiced
on October 17, 2023. The itemized budget indicates the cost exceeds
the amount required for the art proposal.
RECOMMENDED MOTION
I move that the Public Art Commission recommend to the Apache Junction
City Council the approval of Option 1, 2, 3 or 4 (Exhibit 1) submitted
by the applicant for the proposed mural along the wall facing Tomahawk
Road for the new 201-unit multifamily development known as The
Residences at Apache Trail located on the southwest corner of Broadway
Avenue and Tomahawk Road subject to the following conditions of
approval:
1 . The execution of a proper contact with the City outlining, at
minimum, the art installation timeline, language to maintain
like-new conditions for at least five (5) years, inclusion of
the responsible party for maintenance and the duration of that
2
Public Art in Private Development Case P-23-128-ART
March 11,2024,Public Art Commission Staff Report
City ofApache Junction
Development Services Department V"T
maintenance (even upon sale) , measures to fix damage, conditions
for potential replacement if the mural is damaged by more than
fifty (50) percent, potential replacement if the mural fades
before fifteen (15) years after installation.
Attachments:
- Exhibit 1 : 4 Conceptual Options
- Exhibit 2 : Application Materials
3
Public Art in Private Development Case P-23-128-ART
March 11,2024,Public Art Commission Staff Report
City of Apache Junction, Arizona 300 E Superstition
Boulevard
Agenda Item Cover Sheet Apache Junction,AZ
85119
Agenda Item No.8.
File ID: 24-460
Sponsor: Chip Wilson Agenda Date:6/4/2024
Index: In Control: City Council Meeting
Brief summary of intergovernmental updates from mayor and councilmembers.
City of Apache Junction,Arizona Page 1 Printed on 513012024
City of Apache Junction, Arizona 300 E Superstition
Boulevard
Agenda Item Cover Sheet Apache Junction,AZ
85119
Agenda Item No.9.
File ID: 24-461
Sponsor: Bryant Powell Agenda Date:6/4/2024
Index: In Control: City Council Meeting
City Manager's Report.
City of Apache Junction,Arizona Page 1 Printed on 513012024
City of Apache Junction, Arizona 300 E Superstition
Boulevard
Agenda Item Cover Sheet Apache Junction,AZ
85119
Agenda Item No. 10.
File ID: 24-462
Sponsor: Eli Richardson Agenda Date:6/4/2024
Index: In Control: City Council Meeting
Announcement of Current Events.
City of Apache Junction,Arizona Page 1 Printed on 513012024
City of Apache Junction, Arizona 300 E Superstition
Boulevard
Agenda Item Cover Sheet Apache Junction,AZ
85119
Agenda Item No. 11.
File ID: 24-441
Sponsor:Angelie Hawley Agenda Date:6/4/2024
Index: In Control: City Council Meeting
Public Hearing and consideration of approval of Resolution No. 24-18, adopting tentative
budgets and estimates of assessments of the Apache Junction Street Lighting Improvement
Districts for Fiscal Year 2025.
City of Apache Junction,Arizona Page 1 Printed on 513012024
RESOLUTION O. 24-1
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY
OF A 'AC HE JUNCTION, ARIZO A: ADOPTING THE STATEMENTS AND
ESTIMATES S OF EXPENSES OF THE A 'ACE E3 JUNCTION STREET
ET
LIGHTING IMPROVEMENT DISTRICTS, WHICH SHALL CONSTITUTE
THE BUDGETS OF THE DISTRICTS CTS FOR FISCAL: YEAR 2024-2025
PURSUANT TO A.R.S. § 48-616 AND § 42-1 r 101 Et ;
WHEREAS, the provisions of A.R.S. § 48-616 requirethe
governing body to levy taxes upon all property in municipal street
lighting improvement districts ("Districts") to pay the annual
expenses of said Districts; and
WHEREAS, the governing body of the municipality shall rake
annual statements and estimates of the expenses of the Districts,
which shall be provided for by the leery and collection " of ad
valorem taxes upon the assessed value of all the real and personal
property in the Districts; and
WHEREAS, the mayor and council desire to adopt Fiscal Year
024 2025 final budget for the Districts .
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL
OF THE CITY OF APACHE JUNCTION, ARIZONA, AS FOLLOWS:
1) The Statement and Estimates of Expenses of the City of Apache
Junction Street Lighting Improvement € i.stricts for Fiscal
Year 20 4-2C1 5, attached hereto and incorporated herein as
Exhibit "A"', is hereby adopted.
The Statement and Estimates of Expenses of the City of Apache
Junction Street Lighting Improvement Districts is sufficient
to curer the purchase of energy.
S} The city clerk and city finance director are each directed to
provide copies of this resolution and such other documents as
may be necessary to cause Pinal County to levy, assess and
collect the amounts described herein from act valorem property
taxes
4) The adopted estimates shall constitute the budgets of the
Apache Junction Street Lighting Improvement i tricts for
Fiscal Year 2024-225 s
RESOLUTION NO. 2 4 1
PAGE 1 CAE"
PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
AP ACHE JUNCTION, ARIZONA, THIS DAY OF , 20
SIGNED AND ATTESTED TO THIS �. . DAY OF 8 2
Mayor
` TES
City Clerk
APPROVED AS TO FORM:
RI CHARD J. STERN
City Attorney
RESOLUTION NO 24-18
PASS 2 OF 2
EXHIBIT "All
CITY OF APACHE JUNCTION,ARIZONA
Street Lighting Improvement Districts
Schedule of Estimated Assessments
Fiscal Year 2024-2025
NAME OF DISTRICT DISTRICT# FINAL CCT.# FY24-25Tex FY2 -25
Levy Request Budgeted
Expenditure
Superstition 9708-2 -13675-10 1 1,200 1,177
Apache Villa 1 9304-1 6-137 8-1001_ 1,700 1,673
Apache Villa 11 9708-1 6-13684-1001 1,000 979
Apache Villa Ill A 8011-1 6-13690-1001 80I1 738
Apache Villa III-IV 8203-1 6-13691-1001 1,100 1,052
Apache Villa IV 8312- 6-13706-1001__ 800 727
Apache Villa V 8507- -13 -1001 1,000 956
Arizona Grande 9804-1 6-13714-1091 2,500 2,469
Arroyo Verde IAII-III 9 16-1 6-1 705-1001 3,400 3,460
Cimmarron 97 9-1 6-13712-1001 4,000 3,996
Cortez Ranch 9801-2 6.13713-1001 2,800 2,743
Enchanted Acres I 8706-1 6-13 97-1 01 700 651
Enchanted Acres II 8 C9-1 6-13698-1001 800 727
Ironwood Crave I 9508- 6-1 704-1001 1,200 1,160
Ironwood Cove Il 9801-1. 6-13 16-1C191 _ 1,200 1,168
Ironwood Estates 971.2-1 6-13715-1001 3,800 3,80
Ironwood Manor 83 9-1 6-1 6 2-1001 200 279
Renaissance Park 9712-2 6-13717-1001 2,700 2,62
Renaissance Point l 606-1 6_1 70 -1001 1,100 1,075
Renaissance Point Ii 97 1-1 6-13710-1001 2,700 2,777
Sunrise Canyon 97 7-1 6-1 711-1001. 9,000 8,934
Superstition Meadows 88 5-1 6-1 C9-1CC11 300 279
Superstition View 8501-1 6-13707-1001 Soo 465
Gold view C 1-01. 6-13726-1001 3,20 3,165
Coyote Crossing 2 21-02 6-13725-1001 300 226
R Horton Radiance SV-1A-1 2 23- V-1A-1 Requested 3,800 3,768
R Horton Radiance SV-16-1 23-SV-11 -1 Requested 1,800 1,733
Blossom Rock 2 12 -SV- R-1 Requested 3,900 3,843
Total All Districts: 57,500 56,645
City of Apache Junction, Arizona 300 E Superstition
Boulevard
Agenda Item Cover Sheet Apache Junction,AZ
85119
Agenda Item No. 12.
File ID: 24-450
Sponsor:Jennifer Pena Agenda Date:6/4/2024
Index: In Control: City Council Meeting
Continued discussion and possible consideration of Fiscal Year 2024-2025 Health and Human
Services funding recommendations.
City of Apache Junction,Arizona Page 1 Printed on 513012024
Home of the Superstition Mountains
ntains
June 4, 2024
MEMORANDUM TO: HONORABLE MAYOR AND CITY COUNCIL
THROUGH: BRYANT POWELL, CITY MANAGER
FROM: JENNIFER PENA, CITY CLERK
SUBJECT: FY 2024-2025 HEALTH&HUMAN SERVICES FUNDING
RECOMMENDATIONS
The Health &Human. Services Commission received eight applications for funding for Fiscal Year
2024-2025. The Commission met on March 25' where the applicants presented infonnation on
their requests and the services that would be provided or lost depending on funding received. On
April 22nd the Commission discussed alternative funding recommendations and voted on their
final funding recommendation. This year Council will see two funding options, one based on
$80,000, the other based on $90,000.
Total funding requested this year was $242,585, and last year it was $131,260. The significant
change arose from a new applicant who was unfamiliar with the annual allocation of funds.
1. AJ Community Development Corporation(AJ CDC) —requesting $ 7,200 for:
- Administrative costs
- Community Revitalization Projects
- Equipment
- Annual Make a Difference Day
2. Boys &Girls Club—requesting $ 35,000 for:
- Salaries
- Employee related expenses for programs such as:
o Power Hour, Project Learn,Be Great Graduate
o Career Launch
o Diplomas to Degrees
o Money Matter
3. Horizon Health and Wellness—requesting $ 3,228 for:
- Refrigerator
- Shelving and installation
4. Superstition Community Food Bank —requesting 75,000.00 for:
- Food for distribution to Apache Junction residents
- Student Backpack Program
5. A New Leaf— requesting $7,000 for:
- Emergency hotel nights for short-term shelter
- Emergency food
- Emergency essentials
- Transportation
6. Bigger Than Us — requesting $15,000 for:
- Intervention in bullying and youth suicide through nationally known speakers
7. Desert Chapel
- Refurbish Woeller Hall
o Paint interior/exterior
o Replace ceiling tiles/strip floors
o Replace or rebuild appliances in kitchen/and lighting
o Replace dining room furniture/signage
o A/C heat pump replacement
o Electrical Upgrades
- Campus-Wide Health& Safety Updates
o Clothing closet
L' Paint/clean, replace door, flooring, and A/C heat pump
C Exterior/Interior clean up and painting
8. Begin.Again Homes —requesting $12,550 for:
- Salaries — grant writing, serving clients, client education.
- Programs —prescreen clients for emergency shelter
- Marketing - social media ads, merchandise, community events
- Operations— bank fees, donation fees
- Licensing— corporation commission, IRS paperwork, accountant advice
- Administrative— PO Box, website maintenance
S:\Boards and Commissions\Health and Human Services Commission\FY24-25 Agenda items\Council 80K 90K calculation and funding allocations
Health & Human Services 2024-2025 Funding Recommendations
A New Leaf AJ CDC B&G Club Food an Bigger Than us Begin Again Homes Horizon Desert Chapel Total
requesting 7,000�00 $ 7,200.00 $ 35,000.00 $ 7-5,000.00 $ 15,000.00 $ 1Z550.00 p 3,22750 $ ,101,808.00 $ 24Z585�50
Chair Brennan $ 3,000.00 $ 4,000.00 $ 22,000.00 $ 36,000.00 $ 5,000.00 $ 5,000.00 $ 2,000.00 $ 3,000.00 $ 80,000.00
Vice Chair Danford $ 7,000.00 $ 7,200.00 $ - $ 50,000.00 $ - $ 12,570.00 $ 3,230.00 $ - $ 80,000.00
Commissioner Moeller $ 5,000.00 $ 5,000.00 $ 10,000.00 $ 20,000.00 $ 7,000.00 $ 7,000.00 $ 3,000.00 $ 23,000.00 $ 80,000.00
Commissioner Voisine $ 5,587.00 $ 5,185.00 $ 5,000.00 $ 46,000.00 $ 10,000.00 $ - $ 3,228.00 $ 5,000.00 $ 80,000.00
Commissioner Smithson $ - $ - $ 10,000.00 $ 75,000.00 $ 5,000.00 $ - $ - $ - $ 90,000.00
$ 4,117.40 $ 4,277.00 $ 9,400.00 $ 45,400.00 $ 5,400.00 $ 4,914.00 $ 2,291.60 $ 6,200.00 $ 82,000.00
Commission Recommendation of$80K
Option $6,000.00 $3,500.00 $9,100.00 $50,000.00 $5,000.00 $3,000.00 $400.00 $3,000.00 $80,000.00
$80,000.00 $80,000.00 $80,000.00 $80,000.00 $80,000.00 $80,000.00 $80,000.00 $80,000.00 $80,000.00
7.500% 4.375% 11.375% 62.500% 6.250% 3.750% 0.500% 3.750% 100.000%
Commission Recommendation of$90K
$6,750.00 $3,937.50 $10,237.50 $56,250.00 $5,625.00 $3,375.00 $450.00 $3,375.00 $90,000.00
$90,000.00 $90,000.00 $90,000.00 $90,000.00 $90,000.00 $90,000.00 $90,000.00 $90,000.00 $90,000.00
7.500% 4.375% 11.375% 62.500% 6.250% 3.750% 0.500% 3.750% 100.000%
HEALTH AND HUMAN SERVICES FUNDING COMPARISON TABLE
Amount requested/Amount awarded
FY 2012- FY 2013- FY 2014- FY 2015- FY 2016- FY 2017- FY 2018- FY 2019- FY 2020- FY 2021- FY 2022- FY 2023- FY 2024-25
A G E N C Y 13 14 15 16 17 18 19 20 21 22 23 24
Superstition Community Food Bank 25,000 30,000 30,000 32,000 50,000 32,000 50,000 75,000 27,500 26,000 50,000 50,000 75,000
25,000 30,000 32,000 32,000 32,000 7,000 33,000 24,500 19,800 26,000 30,000 35,000 50,000-56,250
Boys and Girls Club of the East Valley 30,000 20,000 25,000 25,000 25,000 30,000 30,000 35,000 35,000 35,000 35,000 35,000 35 000
8,000 11,000 20,000 20,000 20,000 30,000 29,000 24,500 16,700 24,500 11,580 5,674 9,100-10,237.50
14,500 14,000 18,000 24,000 24,000 25,000 20,000 18,000 18,000 _Didnot. 21,263 Did not
Community Alliance Against Family Abuse 14,500 14,000 18,000 20,000 20,000 25,000 16,000 16,000 17,450 a i 5,760 a msy 7.000
(CAAFA) 2021 -Aire Leaf - 6,000- 6,750
20,000 25,000 Did not Did riot 7,060
Horizon Health & Wellness 3,228
15,000 9,500 a y gpp.-1Y 7,060 400-450
24,000 24,000 6,260 6,400
AJ CDC 7,200
6,000 6,000 6,260 5,010
3,500 -3,937.50
Bigger Than Us 15,000
5,000-5625
Begin Again Homes 12,550
3,000-3375
Desert Chapel
101,808
3,000- 3,375
12,000 12,185 22,800 22,800
Genesis Project 10,500 11,300 22,800 20,000 D! ot a
0,,00
Otherside Ministries 1000 Did d `t
7,256
15,355 39,600 Did_not
Salvation Army 12,200 3,600 a ly )W- y
East Valley Adult Resources (for Apache 30,000 30,000 30,000 30,000 40,000
Junction Senior Center 26,000 30,000 30,000 28,000 0
E.V. Adult Resources (van transportation) NA 45,000 40,000 30,000 35,000
0 0 0 0
7,735 50,000 10,000
United Way NA NA NA NA 0 10,000 2,000
Health & Human Services Commission
FY 2024- 2025 Applications for Funding
NO
A New Leaf.
•
Requesting $7,000 to assist with the following:
• Emergency hotel nights providing short term shelter $3600
• Emergency food $1000
• Emergency essentials $1400
• Transportation $1000
P
PACHE JUNCTION Apache Junction Community
t
M M U N I T Y
ORPORATION
buiiding community pride one brick at a time Development Corporation .
Requesting $7,200 to assist with the following:
• Administrative/Operating Costs $1800
• Community Revitalization Projects $2325
• Equipment $650
• Annual Make a Difference Day $2425
Boys and Girls Club
0
la of the East Valley .
• Requesting $35,000 to assist with the following:
• Salaries for Employees
• Employee Related Expenses
• to conduct youth educational programming such as Project Learn, Power Hour, Be
Great Graduate, Career Launch, Diplomas to Degrees, Money Matters & Summer
Programming
Superstition Communit' 'COMMUMIM1, 11 , y
Food Bank :
• Requesting $75,000 to assist with the following:
• Food $50,000
• Student Backpack Program $25,000
BROTflSERFACING B i gge r Th a n U s .
• Requesting $ 15,000 to assist with the following:
• Nationally known speaker presentation for schools to combat issues of bullying
and youth suicide
$5000/presentation (3)
s
{� t
• Begion Again Homes .
Requesting $ 12,550 to assist with the following:
• Salaries — grant writing, serving clients, client education $5000
• Programs — prescreen clients for emergency shelter $5000
• Marketing — social media ads, merchandise, community events $1000
• Operations — bank fees, donation fees $200
• Licensing- corporate commission, IRS paperwork, accountant advice $750
• Administrative — PO box, website maintenance $600
Horizon Health & Wellness
• Requesting $3,227.50 to assist with the following:
• Purchase and installation of refrigerator $2777.50
• Purchase and installation of shelving $450
• to store fresh produce and other food items
Desert Chapel -.
• Requesting $ 101,808 to assist with the following:
• Refurbish Woe«er Hall
• Paint interior/exterior $5,500
• Replace ceiling tiles/strip floors $2,400
• Replace or rebuild appliances in kitchen/lighting $16,400
• Replace dining room furniture/signage $16,760
• A/C heat pump replacement $9,000
• Electrical upgrades $1 ,600
• Campus-Wide Health and Safety Updates
• Clothing Closet $32,500
• Paint/clean, replace door, flooring and A/C heat pump
• Exterior/Interior $17,648
CITY COUNCIL MEETING; ROLL CALL Date: un-o_ .
Work Study Regular Special
E 7 E: y S: E:
CITY COUNCIL: Present Ab/excu Present Ab/excu Present Ab/excu
MAYQR WCLSON
VICE MAYOR SCHROEDER
COUNCILMEMBER CROSS
CDUNCILMEMBER HECK
COUNCILMEMBER JOHNSON
COUNCILMEMBER NESSER
COUNCILMEMBER SQLL.ER
TOTAL
CITY STAFF: ( Present Ab/excu Present Ab/excu Present Ab/excu
City Manager Bryant Powell
Assistant City Manager Matt Busby
City Clerk Jennifer Pena
City Attorney Joel Stern 1
Information Technology Director
Doug Wirthgen
Public Information Officer Kayla Fulmer -
- - — -- --- —-- -- - ------- -------
Public Safety Director Michael Pooley
Dev Services Director Rudy Esquivias
PW Director Teel Wulff
Parks& Rec Director Liz Langenbach
ED Director Patrick Ainsworth
Library Director Pam Harrison
Finance Director Angelie Hawley
HR Director Arena McCray
Water District Director Mike Loggins
Municipal Judge A. Doug LaSota
-- - - - --
t)THERS:
i
Deputy City Clerk Evie McKinney
Planning Manager Sidney Urias
Building&Safety Mgr. Adrian Alegria
Senior Planner Kelsey Schattnik
Planner Erica Hernandez
Planner Nick Leftwich �--- - - --�- -- —
PW Project Engineer Raquel
City Engineer Emile Schmid i
_ \ w.mpk#'ce,> .. ."o ': i ( ,td 3ly A.4..rd ,n�te,dot,
City Council
VOTE - ROLL CALL
ITEM # MEETING OF
MOTION Y; SECONDED BY
NOTES:
YES NO ABSTAINED
CITY COUNCIL
VICE MAYOR SCHROEDER
____---
COON ILME BER NESSER
COUNCIL.MEMB R CROSSI
COUNCIL.MEMBER HECK
-._.__------_._--....._ ® s
COUNCILMEMBER J }HNSON
MAYOR WIL<S IN
TOTAL ' s l ,7ve I
" ..._
UNANIMOUS IN FAVOR OPPOSED ABSTAINED
r. 1
TOTAL � �����
Vote sheet 1
S./5-Templates&Forms/Vote Call-City Council
City Council
VOTE - ROLL CALL
ITEM # MEETING 0 F 2
MOTION BY: SECONDED BY:
NOTES:
---------—- -----------------------------
YES NO ABSTAINED
CITY COUNCIL:
------------------ -------—-------
V/
COUNCILMEMBER NESSER
COUNCILMEMBER JOHNSON
COUNCILMEMBER CROSS
COUNCILMEMBER HECK
COUNCILMEMBER SOLLER
—-----------
VICE MAYOR SCHROEDER
----------------------
MAYOR WILSON
L—A
TOTAL
UNANIMOUS IN FAVOR OPPOSED ABSTAINED
TOTAL
Vote sheet 2
S:/5—Templates&Forms J Vote Call—City Council
City Council
VOTE - ROLL CALL
ITEM # MEETING C1 cK
MOTION BY. ° T� SECONDED Y:
YES NO ABSTAINED
CITY COUNCIL:
.......... __ _ .._...,._ ___- _._. .____. - -a
CCILINCILMEMBER SOLLER
_. ----
COUNCILMEMBER NESSER
'COUNCILMEMBER CROSS
N J COUNCILMEMBER OHSON
.._ - -- -_----__ __
1lICE MAYOR SCHt�EDER
__..._.. ._. _ __..
COUNCILMEMBER HECK
MAYOR WILSON
-d---- - _. ...
TOTA " I
UNANIMOUS IN FAVOR OPPOSED ABSTAINED
TOTAL
Vote sheet
S:/5-Templates&Forms/Vote Call—City Council
CITY OF APACHE JUNCTION
' Mayor's Script
Regular Meeting
Tuesday, June 04, 2024
A. CALL TO ORDER
I would like to call this City of Apache Junction Council Meeting of June 4, 2024, to
order and ask everyone to put their cell phones on silent.
B. INVOCATION AND PLEDGE OF ALLEGIANCE
The invocation will be led by �&the pledge b Councilmember�
_ . g Y
C. ROLL CALL
Roll Call
[ . CONSENT AGENDA
As a reminder-All items under the Consent Agenda will be approved with one
motion. If a councilrr ember wishes to remove an item for further discussion, the
request will be made prior to approving the consent agenda and will be moved to
New Business.
1. Consideration of acceptance of agenda.
2. Consideration of approval of minutes of the special meeting of May 20, 2024.
3. Consideration of approval of minutes of the regular meeting of May 21, 2024.
4. Consideration of approval of Mears Croup, Inc. Broadband Infrastructure Project
using the master agreement for fiber connections at a cost of 1,151,0 5.00 to
be paid using American Rescue Plan Act funding,
5. Consideration of approval of Mears, Inc. retroactive approval for critical fiber
project from water district treatment plant on Ironwood Drive to public works
yard and animal control buildings at a cost of $327,572.00 using American Fescue
Plan Act funding.
6. Consideration of approval of Resolution No,24-1 ; allowing the city to enter into
an Intergovernmental Agreement with the East Malley Critical Incident Response
Team.
7. Consideration of approval of Case P-23-128-ART, a public art mural by artist Paige
Reesor, along the eastern wall of the new multifamily development known as The
Residences at Apache Trail, located on the southwest corner of Broadway
Avenue and Tomahawk Road,
Do I have a motion on the consent agenda? wait for the motion and the 2nd
Roll Call.
E. AWARDS, PRESENTATIONS AND PROCLAMATIONS
F. REGIONAL INTERGOVERNMENTAL UPDATES
8. Regional Intergovernmental meeting updates from Council.
G. CITY MANAGER'S REPORT
9. City Manager's Report. Bryant to report
10. Announcement of Current Events Eli to report
H. PUBLIC HEARINGS
11. Presentation, discussion, public hearing and consideration of Resolution No. 24-
18, adopting tentative budgets and estimates of assessments of the Apache Junction
Street Lighting Improvement Districts of Fiscal Year 2025.
Angelie to report
A. Any discussion among the council? council can discuss
B. I will now open the Public Hearing. There is a 5 minute time limit, with a 1 minute
warning that you will hear. Please state your name and address for the record.
C. I will now close the public hearing and ask for a motion on Item #11,
Resolution No. 24-18. watt for the motion & the 2nd
Roll Call.
I. OLD BUSINESS
12. Continued discussion and possible consideration of Fiscal Year 2024-2025 Health
and Human Services funding recommendations.
A. Any discussion among the council? council can discuss
B. I will now ask for a motion on Item#12, Health and Human Services funding
recommendations. wa tfor the motion'& the 2nd
Roll Call.
J. NEW BUSINESS
K. COUNCIL DIRECTION TO STAFF
L. SELECTION OF MEETING DATES, TIMES, LOCATIONS AND PURPOSES
M. CALLTO PUBLIC
I would like to remind everyone that the Call to the Public is a courtesy and not
required by lave.
It is a time for the public to express requests, communications, comments and
suggestions:
Request to speak forms must be completed and handed to the city clerk before the
end of the city Tanager's report.
All issues shall be presented in a professional Tanner without personal attacks.
Under the open meeting law the COUNCIL CANNOT ENGAGE IN DISCUSSION
on the issues presented, but may respond to criticism and may direct staff to follow
up with the speaker directly and/or place this matter on a future agenda for council
discussion.
There is a three-minute limit for each speaker,
Des council have any requests of staff to follow up errs?
N. ADJOURNMENT— I adjourn this meeting.
June 4, 2024
Consent Agenda Items Nos 1-7
1 MOVE THAT the consent agenda be accepted and approved as presented.
Item No 11 Public Hearing
I MOVE THAT Resolution No 2 -18, a resolution of the Mayor and City Council of the
City of Apache Junction, Arizona, adopting the statements and estimates of expenses of
the Apache Junction Street Lighting Improvement districts, which shall constitute the
Budgets of the Districts for Fiscal Year 2024-2028, pursuant to A.R.S. § 48-616 and
42-17101 BE (approved) or(denied).
Item NO. 12 Old Business
I MOVE THAT funding for the Health and Human Services for Fiscal Year 2024-2025 as
referenced in the staff memo dated June 4, 2024, BE (approved) or(denied).
OR
I NICE THAT funding for the Health and Human Services for Fiscal Year 04-2028 as
referenced in the staff memo dated June 4, 2024, BE APPROVED with the fallowing
modifications:
Councilmember shall then fill in the blanks with name of service provider(s) and dollar
amounts)
A.
B.
C.
D.
E.
F.
G.
H.
Date:_L_1_1_��� CITY OF APACHE JUNCTION
REQUEST TO SPEAK FORM
Please fill out completely and return to the City Clerk PRIOR to the conclusion of the City Manager's Report portion of the agenda.
I would like to speak on Agenda Item #:
I would like to speak on a Non-Agenda matter regarding:
Do you wish to speak before Council on this item? Yes ,-- No— Only If Necessary
—1 am in favor of the proposed Item. —1 am opposed to the proposed Item.
n
Fir st Name Last Name
(PRINT)
Address City Zip Code
Telephone Email address
This information will be used by staff for follow-up, if necessary. Speakers shall make comments directly to the Mayor and City Council
when called up to speak at the podium.
Note: Call to the Public comments have a three minute limit and Public Hearing comments have a five minute limit.
Consent for Minor to be Audio and/or Video Recorded:
1, , as the parent/guardian of (minor(s)), a minor(s), agree to allow said
minor(s) to appear and/or participate in the City of Apache Junction City Council Meeting. I further understand that this activity may be
audio and/or video recorded and I hereby consent to the minor being audio and/or video recorded during his/her participation with the
likelihood that their image will appear on cable TV and the Internet video stream showing their participation. A.R.S. § 1-602 (A)(%
A, -2 rZ
Sionature of Parent/Guardian Date
08/26/2019