HomeMy WebLinkAbout2024 09.03 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,September 3,2024 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. 24-696 Consideration of acceptance of agenda.
Sponsors: Jennifer Pena
2. 24-707 Consideration of approval of minutes of the special meeting of August
19, 2024.
Sponsors: Jennifer Pena
Attachments: SP CCMIN 2024 08 19 MINUTES CRAFT
3. 24-706 Consideration of approval of minutes of the regular meeting of August
20, 2024.
Sponsors: Jennifer Pena
Attachments: CCMIN 2024 08 20 MINUTES DRAFT
E. AWARDS, PRESENTATIONS AND PROCLAMATIONS
Awards,presentations from other organizations,proclamations issued by the mayor, and
acknowledgement of distinguished guests and visitors, and staff presentation of receipt of grant or
donated funds are permitted at this time.
City of Apache Junction,Arizona Page 1 Printed on 812812024
City Council Meeting Agenda September 3,2024
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.
4. 24-734 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.
5. 24-735 City Manager's Report.
Sponsors: Bryant Powell
6. 24-694 Presentation and discussion with Arizona Water Company president,
Fred Schneider.
Sponsors. Bryant Powell
Attachments: 09.03.2024 AZ Water Update
7. 24-736 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.
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.
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.
City of Apache Junction,Arizona Page 2 Printed on 812812024
City Council Meeting Agenda September 3,2024
8. 24-626 Presentation and discussion on contract award to Chasse Building
Team for Library restroom remodel, utilizing the 1 GPA Cooperative
Contract#23-15PV-02, in an amount not to exceed $135,620.
Sponsors: Pamela Harrison
Attachments: Library Restroom Reno Proposal R7 20240722
Construction Agreement Chasse--Library Signed b CBT,
9. 24-652 Presentation and discussion on contract award to FM Solutions
Management for a city facility condition assessment utilizing the City of
Phoenix Cooperative Contract No. CON 159213-0 in an amount not to
exceed $131,694.00.
Sponsors: Trina Harrison
Attachments: 20240903 Facility Conditions Assessment Memorandum to Coy
Facilities Assessment PSA-FIVI Solutions-SIGNED
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 3 Printed on 812812024
City Council Meeting Agenda September 3,2024
City of Apache Junction,Arizona Page 4 Printed on 812812024
City of Apache Junction, Arizona 300 E Superstition
Boulevard
Agenda Item Cover Sheet Apache Junction,AZ
85119
Agenda Item No. 1.
File ID: 24-696
Sponsor:Jennifer Pena Agenda Date:9/3/2024
Index: In Control: City Council Meeting
Consideration of acceptance of agenda.
City of Apache Junction,Arizona Page 1 Printed on 8/28/2024
City of Apache Junction, Arizona 300 E Superstition
Boulevard
Agenda Item Cover Sheet Apache Junction,AZ
85119
Agenda Item No.2.
File ID: 24-707
Sponsor:Jennifer Pena Agenda Date:9/3/2024
Index: In Control: City Council Meeting
Consideration of approval of minutes of the special meeting of August 19, 2024.
City of Apache Junction,Arizona Page 1 Printed on 8/28/2024
City of Apache Junction, Arizona Meeting location:
City Council Chambers
Special 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,August 19,2024 7:00 PM City Council Chambers
CALL TO ORDER
Mayor Wilson called the special meeting to order at 7:00 p.m.
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
Jennifer Pena, City Clerk
Joel Stern, City Attorney
Michael Pooley, Police Chief
Ted Wolff, Public Works Director
A. Doug LaSota, Municipal Judge
Evie McKinney, Deputy City Clerk
Kayla Fulmer, Marketing and Communications Director
Rob Wisler, Management Analyst
CONSENT AGENDA
AGENDA ITEMS
PUBLIC HEARING
OLD BUSINESS
NEW BUSINESS
City of Apache Junction,Arizona Pagel
Special Meeting of the Apache Special Meeting Minutes August 19,2024
Junction City Council
1. 24-624 Consideration of approval for Resolution No. 24-29, a resolution of the mayor
and city council of the City of Apache Junction, Pinal and Maricopa Counties,
Arizona, declaring and adopting the results of the Primary Election held on
July 30, 2024. State law requires that the city council canvass the votes and
adopt the election results no later than 20 days following an election.
Vice Mayor Schroeder moved,seconded by Councilmember Heck that Resolution No.24-29,a
Resolution of the Mayor and City Council of the City of Apache Junction,Pinal and Maricopa
Counties,Arizona,declaring and adopting the results of the Primary Election held on July 30,
2024,be approved.
Yes 7- Mayor Wilson,Vice Mayor Schroeder,Councilmember Cross,Councilmember
Heck,Council member Johnson,Council member Nesser and Councilmember Soller
No 0
City Clerk Jennifer Pena presented the legislative changes and requirements for the purpose of
canvassing the July 30, 2024 Primary Election results. She informed the date change enforced
by legislature this year was due to the necessary time required for recount issues. This date is
not set permanently. She explained canvassing of elections is not required to be passed by a
Resolution, however, all the data needed for a referendum, initiative or recall is now calculated
and included in a Resolution. Ms. Pena shared comparisons from previous years of registered
voters, ballots cast and voter turnout. For this Primary Election there was an increase of 1,960
new registered voters, making the total number of registered voters in Apache Junction 27,279.
Ballots cast were 6,871 and voter turnout was represented by 25.18%.
Councilmember Soller commended City Clerk Jennifer Pena and her staff for the outstanding
job they have done during this election.
ADJOURNMENT
Mayor Wilson adjourned the meeting at 7:05 p.m.
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 of Apache Junction,Arizona Page 2
City of Apache Junction, Arizona 300 E Superstition
Boulevard
Agenda Item Cover Sheet Apache Junction,AZ
85119
Agenda Item No. 3.
File ID: 24-708
Sponsor:Jennifer Pena Agenda Date:9/3/2024
Index: In Control: City Council Meeting
Consideration of approval of minutes of the regular meeting of August 20, 2024.
City of Apache Junction,Arizona Page 1 Printed on 8/28/2024
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,August 20,2024 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 Heck 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
Jennifer Pena, City Clerk
Joel Stern, City Attorney
Michael Pooley, Police Chief
Johnny John, Assistant Chief of Police
Rudy Esquivias, Development Services Director
Ted Wolff, Public Works Director
Liz Langenbach, Parks& Recreation Director
Evie McKinney, Deputy City Clerk
Kayla Fulmer, Marketing and Communications Director
Rob Wisler, Management Analyst
D. CONSENT AGENDA
Councilmember Cross 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 August 20,2024
1. 24-562 Consideration of acceptance of agenda.
2. 24-563 Consideration of approval of minutes of the regular meeting of August 6,
2024.
3. 24-568 Consideration of approval of contracts for towing service providers
related to PD 2024-003. This item was presented and discussed at the
August 5, 2024 work session.
4. 24-602 Consideration of approval of Resolution No. 24-28 approving the
submittal of application from City of Apache Junction to the Gila River
Indian Community State Shared revenue Program for Proposition 202
Funds for Fiscal Year 2024-2025 in the amount of$30,000 for senior
transportation. This item was presented at the August 5, 2024, City
Council Work Session.
5. 24-604 Consideration of award of contract to Dig Studio for Prospector Park
Pickleball Court Expansion in an amount not to exceed $138,624.15
which includes a 5% contingency.
6. 24-614 Consideration of approval of procurement of city fleet vehicles and
equipment for FY25 making the purchase through Arizona State
Cooperative Contract#CTR069472 with Freightliner, Arizona State
Cooperative Contract#CTR059323 with San Tan Ford, and City of
Phoenix Cooperative Contract CON159257-0 for lighting and equipment
for a total not to exceed $2,226,502.
7. 24-628 Consideration of approval, retroactively, of an agreement for bulk fuel
between the City of Apache Junction and Senergy Petroleum, LLC, for
the term of August 2, 2024, through June 30, 2025, in an amount not to
exceed $840,000, utilizing the State Cooperative Contract No.
CTR063147.
8. 24-678 Consideration of approval of a Replat of Blossom Rock Phase 1 to
adjust the shared boundary between Parcels 8 and 9 zoned Master
Planned Community (MPC).
9. 24-679 Consideration of approval of a Replat of Blossom Rock Phase 2 to
divide Tract G into two parcels zoned Master Planned Community
(MPC).
E. AWARDS, PRESENTATIONS AND PROCLAMATIONS
F. REGIONAL INTERGOVERNMENTAL UPDATES
City of Apache Junction,Arizona Page 2
City Council Meeting Meeting Minutes August 20,2024
10. 24-564 Brief summary of intergovernmental updates from mayor and
councilmembers.
Councilmember Soller attended a meeting at The Morrison Institute. Topics of discussion
included reclaimed water and low income housing. The Institute is working on an education
program for public knowledge on the process and safety of reclaimed water, as well as
programs being designed and offered for low income housing.
Mayor Wilson attended the ribbon cutting for Painted Sky Park at Blossom Rock on September
19, 2024. He commented on the beautification this park and others in the new development area
have brought forth, and the many additional amenities being offered in them. Councilmember
Nesser inquired on the fishing requirements for the new park in Blossom Rock. Parks and
Recreation Director Liz Langenbach addressed this inquiry, and shared the requirements that
will be enforced at the various lakes in parks to be developed in the future.
Mayor Wilson was also in attendance at the East Valley Mayor's Breakfast with the East Valley
Chamber of Commerce. This was an opportunity for the east valley cities to collaborate on
recent house bills initiated by the Legislature, that could have had negative impacts on the cities.
Some of the topics covered were new zoning requirements and height restrictions.
He also shared that the Phoenix Mesa Gateway Airport Authority met today, and again is
exceeding their passenger services in record numbers.
G. CITY MANAGER'S REPORT
11. 24-565 City Manager's Report.
City Manager Bryant Powell shared his appreciation and commendations to the Parks and
Recreation department for a job well done at the Open House event for Painted Sky Park at
Blossom Rock.
He updated that the Apache Junction Summer Reading Program had a 48% increase in
participation.This program increases the awareness of the power of learning through reading
and is so important for our youth to participate in.
He also reminded that the City is currently recruiting for Boards and Commission members for
various boards.
12. 24-566 Announcement of Current Events.
Management Analyst Eli Richardson shared details on an upcoming event called "Boba With
Badges", Wednesday, August 28, 2024, 4:00 p.m. -5:00 p.m. at 183 W. Apache Trail, #107,
Apache Junction, AZ. This is part of a series of events the Apache Junction Police Department
is doing to engage the community and allow residents to interact with the Police Officers in a
more relaxed setting.
City of Apache Junction,Arizona Page 3
City Council Meeting Meeting Minutes August 20,2024
H. PUBLIC HEARINGS
13. 24-623 Consideration of application for a new Series 6 Bar Liquor License for
Captain's located at 300 W Apache Trail Suite 118, Apache Junction,
AZ. The next step in the process is for the council to hold a public hearing
on the application and make a recommendation of approval or denial to
the Arizona Department of Liquor License and Control.
Councilmember Soller moved,seconded by Councilmember Nesser that the application for a
Series 6 Bar Liquor License submitted by Cynthia Pierson with Captain's be recommended for
approval to the Arizona Department of Liquor Licenses and Control.
Yes: 5- Mayor Wilson, Councilmember ,Nesser, Councilmember Heck, Councilmember
Cross and Councilmember Soller
No: 2- Vice Mayor Schroeder and Councilmember Johnson
City Clerk Jennifer Pena explained a recent media post regarding the closure of Captain's due to
the lease not being renewed.Staff has had numerous discussions with the applicant as well as
the Arizona Department of Liquor License and Control, (AZ DLLC). The goal of this outreach
was to prevent any undue financial hardship to the applicant. She further explained that AZ
DLLC recommends approval of this application at this time, as pulling the application would
result in further expenses for the applicant. Ms. Pena stated the posting requirement has been
met with no comments from the public. Correspondence related to inspections of the premises
for safety and code compliant matters have been received from the Apache Junction Police
Department, Planning and Zoning Department, Building and Safety Division and the Superstition
Fire and Medical District. All four entities find compliance with the inspection requirements and
recommend approval.
Council concerns at this point included the license being issued to the applicant-vs-an
address, and the time frame allowed from the approval to the applicant finding a new location.
Ms. Pena addressed these Council concerns.
The applicant, Cindy Pierson, addressed Council and stated she has 1 year to find a new
location, and fully intends to stay in Apache Junction. She explained the situation of the
non-renewed lease, and what her plan is going forward after August 31, 2024, if Council should
move forward with their recommendation of this application.
Mayor Wilson opened the public hearing.
Heidi Erickson, Apache Junction resident, encouraged Council to approve this application, as
this is a very well liked and attended establishment by the residents of Apache Junction. This
business does many fund raising drives for the community, and she hopes a new location is
found for Captain's to continue operating.
Chandra Robinson, Apache Junction resident, shared further details of the implied lease, and
that this liquor license needs to be approved before a new location can be found.
East Valley Shopping Center Operations Manager Damon explained the history of the lease and
stated there was never an implied agreement for this location.
City of Apache Junction,Arizona Page 4
City Council Meeting Meeting Minutes August 20,2024
Mehmood Mohiuddin, 2341 N Apache Trail, Apache Junction, expressed his hope that this
establishment can remain open.
Council concerns included who is the true owner of this establishment, Power of Attorney
interests, if a purchase agreement has been written, and business continuance without an
actual business address. These concerns were addressed by the applicant.
Mayor Wilson closed the public hearing.
I. OLD BUSINESS
J. NEW BUSINESS
K. COUNCIL DIRECTION TO STAFF
14. 24-656 Presentation and council direction to staff on amending the Apache
Junction City Code ("AJCC"), Volume 1, Chapter 9 Health and
Sanitation, Article 9-1 Property Maintenance Standards, Section 9-1-4
Enforcement and Abatement; and the AJCC, Volume 2, Land
Development Code, Chapter 1 Zoning Ordinance, Article 1-16
Administration, Section 1-16-16 Violations, Penalties and Enforcement;
pertaining to fees charged for violations.
Councilmember Soiled moved,seconded by Councilmember Nesser that direction to staff be
given to draft text amendments to the Apache Junction City Code Vol 1,Chapter 9: Health and
Sanitation,Subsection 9-1-4:Enforcement and Abatement AND Apache Junction City Code Volume
2, Land Development Code,Chapter 1:Zoning Ordinance,Subsection 1-16-16:Violations,
Penalties and Enforcement pertaining to fees charged for violations.
Yes: 7- Mayor Wilson, Vice Mayor Schroeder, Councilmember Nesser, Councilmember
Heck, Councilmember Johnson, Councilmember Cross and Councilmember
Soller
No: 0
Development Services Director Rudy Esquivias refreshed on a presentation shared at a
previous meeting, regarding the disparity of fees for property maintenance and zoning ordinance
violations.The penalty amount in zoning differs from the property maintenance. Staff is
requesting direction to adjust the fees to be more in comparison.
Council comments included the need of establishing a level of expectation that if a violation
occurs the financial burden will be enforced, and these fees need to be equal.
City of Apache Junction,Arizona Page 5
City Council Meeting Meeting Minutes August 2V.2V24
15. 24-689 Presentation and council direction to staff on amending the Apache
Junction City Code, Volume 1. Chapter 2. Mayor, Council and Appointed
Boards and Commissions, Article 2-21: Board of Adjustment and
Appeals/Municipal Property Corporation/Public Safety Personnel
Retirement Board, by Repealing and Replacing in its entirety Section
2-21-3. Public Safety Personnel Retirement Board.
Councilmember Cross moved,seconded by Councilmember Soller that direction to staff be given
to review and consider updates to the Apache Junction City Code,Volume 1,Subsection 2-21-3:
Public Safety Personnel Retirement Board related to vacancies on the board.
Yee: 7 Mayor Wilson, Vice Mayor Schroeder, Counoi|momborNoeoor. Counoi|mombnr
Hook, Counoi|momborJohnoon. Counoi|mambor Cross and Counoi|m*mbor
SoUor
No: O
City Clerk Jennifer Pena presented a brief explanation of staff requesting to amend City Code
relating to the Public Safety Retirement Board.
L. SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES
M. CALL TO PUBLIC
Andre K4eek, 13275. Qo|air Rd,Apache Junction, commented on the process and purity of
reclaimed water, and the cost nf non-potable water in Apache Junction.
Donna Carr, 2178 W.Virginia St, Apache Junction, shared concerns regarding reclaimed water,
and height restrictions on new buildings.
Councilmember Soller encouraged that extensive study and research is going into the
processes of reclaimed water.
N. ADJOURNMENT
Mayor Wilson adjourned the meeting ot 7:47p.m.
ACCEPTED THIS DAY OF 12024, BY THE MAYOR AND CITY
COUNCIL DFTHE CITY OFAPACHE JUNCT|DN, AR)ZONA.
SIGNED AND ATTESTED TO TH|S DAY OF 12024.
VVALTER''CH|P''VV|LS{}N
Mayor
ATTEST:
JENN|FER PENA
City Clerk
City of Apache Junction, Arizona 300 E Superstition
Boulevard
Agenda Item Cover Sheet Apache Junction,AZ
85119
Agenda Item No.4.
File ID: 24-734
Sponsor: Chip Wilson Agenda Date:9/3/2024
Index: In Control: City Council Meeting
Brief summary of intergovernmental updates from mayor and councilmembers.
City of Apache Junction,Arizona Page 1 Printed on 8/28/2024
City of Apache Junction, Arizona 300 E Superstition
Boulevard
Agenda Item Cover Sheet Apache Junction,AZ
85119
Agenda Item No. 5.
File ID: 24-735
Sponsor: Bryant Powell Agenda Date:9/3/2024
Index: In Control: City Council Meeting
City Manager's Report.
City of Apache Junction,Arizona Page 1 Printed on 8/28/2024
City of Apache Junction, Arizona 300 E Superstition
Boulevard
Agenda Item Cover Sheet Apache Junction,AZ
85119
Agenda Item No.6.
File ID: 24-694
Sponsor: Bryant Powell Agenda Date:9/3/2024
Index: In Control: City Council Meeting
Presentation and discussion with Arizona Water Company president, Fred Schneider.
City of Apache Junction,Arizona Page 1 Printed on 8/28/2024
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• Introduction of Arizona Water Company (AWC) ( Fred
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• Key projects recently completed in Apache Junction
(James Wilson )
• Update on the Joint Demand Management Program
( Raluca Mihalcescu )
• Conclusion and Questions
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2023 total outreach events : 12
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• Lost Dutchman Days on 2/25
• Conservation 101 Workshop with Library on 2/27
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Free Conservation Kit Program
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Goal : help people decrease water use by
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• Toilet Tank Bank
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15
City of Apache Junction, Arizona 300 E Superstition
Boulevard
Agenda Item Cover Sheet Apache Junction,AZ
85119
Agenda Item No.7.
File ID: 24-736
Sponsor: Eli Richardson Agenda Date:9/3/2024
Index: In Control: City Council Meeting
Announcement of Current Events.
City of Apache Junction,Arizona Page 1 Printed on 8/28/2024
City of Apache Junction, Arizona 300 E Superstition
Boulevard
Agenda Item Cover Sheet Apache Junction,AZ
85119
Agenda Item No.8.
File ID: 24-626
Sponsor: Pamela Harrison Agenda Date:9/3/2024
Index: In Control: City Council Meeting
Presentation and discussion on contract award to Chasse Building Team for Library restroom
remodel, utilizing the 1 GPA Cooperative Contract#23-15PV-02, in an amount not to exceed
$135,620.
City of Apache Junction,Arizona Page 1 Printed on 8/28/2024
Apache Junction Library Restroom Reno
Estimator:A Zuniga WaS
Contract:1GPA(23-15PV-02) fi CHASSL
Date: 7/22/2024
'tst Div , , , , Clestription ..
0240 Demolition $6,120
Demo out Tiles,Countertops,Baby Changing Tables,&Toilet
Partitions in Men's&Women's RR
Demo out Countertops&Baby Changing Tables in Boys and
Girls Restrooms
0930 Tile Replacement Walls $20,006
Replace wall tile in Men's and Women Restroom with Ceramic Tile
Wall tile from floor to ceiling
Schulter transitions and Cover Base where applicable
At Boys and Girls restroom patch tiles as needed-Tile to be
used are Caltile Yellow,Red and Cobalt Blue
Tile to be 24x48 Legacy Calgary porcelain tile
0930 Tile Replacement Floors
Replace floor tile in Men's and Women Restroom with Ceramic Tile $5,553
Tile to be 24x48 Legacy Calgary porcelain tile
Schulter transitions and Cover Base where applicable
1236 Countertops and Partitions $36,242
Furnish and install Solid Surface counter with built in sinks for
both Gang Restrooms,Mens and Womens Restrooms
Reconnect all plumbing in restrooms receiving countertops.
New faucets will be furnished and installed in Both Gang
Restrooms and Mens and Womens Restroom
Furnish and install HDPE"Mocha"Partitions for Men's and
Women's Restrooms.
Drywall,Tape,Texture,and Paint touch up as needed
1000 Specialties $4,920
Furnish and install baby changing tables for gang restrooms and Mens and Womens Restroom
Furnish and install 24 x 24 Mirrors,2 each in Mens and
Womens Restroom
Provide Step-ups for kids to reach sinks
2600 Electrical Allowance $11,000
Demo and Reinstall outlets in Men's&Women's restroom
Upgrade light fixtures in both gang restrooms and Men's and
Womens Restroom
Stainless covers and switches in both gang restrooms and
Mens and Womens Restroom
General Conditions $16,400
,'total Direct Cosh .$100 241
Owner Contingency $13,562
Contractor Contingency $5,000
Stt#tttt3E C6itStrS!Ctftln Esttmatte .$1i$,$Ct3,
G/Llnsurance 1.30% $1,763
Builder's Risk Insurance 1,00% $1,356
Payment&Performance Bond 1.10% $1,492
Contractor Fee 9.0% $12,206
'rrstalCons•,tructionEstitnate-
Clarifications
1 Based on normal working hours
2 Permit&plan check fees by owner
3 City fees,impact costs,or utility company fees by owner
4 Special inspections and testing by owner
5 All Finishes to be selected by owner from VE priced specs
6 Proposal Valid for 30 days
*Please e-mail purchase orders to Arturo Zuniga
azuniga@Chasse.us 602.578.2041
CONSTRUCTION AGREEMENT BETWEEN CITY OF APACHE
JUNCTION AND CHASSE BUILDING TEAM FOR LIBRARY
RESTROOM REMODEL
THIS AGREEMENT made and entered into by and between the CITY OF
APACHE JUNCTION an Arizona municipal corporation ("City"), and CHASSE
BUILDING TEAM, an Arizona corporation ("Contractor"), sometimes collectively
referred to as the "Parties" or individually as the "Party".
RECITALS
A. Contractor asserts its willingness, ability and qualifications to provide
the services and infrastructure (the "Work") called for in 1 GPA
Cooperative Contract 23-15PV-02 (on file in the city's finance
department) and Contractor's estimate dated July 22, 2024 (see
Exhibit A) (the "Contract Documents").
B. City and Contractor desire to set forth herein their respective
responsibilities and the manner and terms upon which Contractor
shall render such Work.
C. The Work is being procured through a cooperative contract, and
exception to the bidding requirement under Apache Junction City
Code Vol. 1, Chapter 3: Administration, Article 3-7: Procurement
Procedures, or such work is categorically exempt from such process.
AGREEMENT
NOW, THEREFORE, City retains Contractor to perform, and Contractor
agrees to complete 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 Exhibit A.
2. PAYMENTS & COMPLETION: The total amount payable by the City
to the Contractor is an amount of One Hundred Twenty Two Thousand Fifty Eight
Dollars and Zero Cents ($122,058.00) (the "Contract Sum") for the performance
of the Work under the Contract Documents except for changes authorized by
properly executed change orders (contingency), which shall not exceed
Thirteen Thousand Five Hundred Sixty Two and Zero Cents ($13,562.00) for a
total not to exceed amount of One Hundred Thirty Five Thousand Six Hundred
and Twenty Dollars and Zero Cents ($135,620.00). All contracts will be operable
for their full term at the rates quoted in the initial bid proposal, unless otherwise
extended in writingthe City. Upon notice that the Workis ready for final
inspection r acceptance, a City representative shall promptly cause a
inspection to be made. Once City finds the Workacceptable under the Contract
Documents, City shall promptly submit for processing a certificate for payment
stating that, to the ` eat of its knowledge, information anbelief e basis of
its observation and inspection, the Workhas been completed in accordance
with e terms and conditions of the Contract Documents and that partial
payment or the entire balance due the Contractor is payable. Final payment
all not ec e due until the Contractor submits to the City all required i
waivers, releases other data establishing pa ent or satisfaction of all
Contractor's li ati e If any subcontractor refuses to furnishrelease or
waiver required i Contractor may furnish a bond to indemnify i y against
any c lien I n o lien remains t fae after allpayments e made,
Contractor shall refund to City all nest latter e compelled't y
idischarging'such liens, including all costs and reasonable `attorney fees®
m e Term aft this Agreement is September 17,
2024, e 30, 2025. This provision doesnot limit the liability tr ct r for
actual damages sustained by City' as a result of any breachcontract or
warranty by Contractor. Extensions may be approved at times as the Parties
mutually deem fit®
4 l a Unless otherwise provided in the cn r ct
Documents, n r`c cr<shall provide, pay for and insure under the requisite
laws and regulations all labor, materials, equipment, tools nmachinery,
water, eat, utilities, transportation, other facilities anservices necessary r
e proper execution completion c the Work, r temporary_ r
permanent, an whether or not incorporated_ r to be 'incorporated in the Work.
5. INSPECTIONS QUALITY Contractor understands
and agrees that inspection e Work performedhereunder will occur by City.
Contractor agrees that City ..ill have the exclusive right to determine, in its sole
discretion, et r the cr een performed in accordance with the
ContractDocuments. Contractor further agrees make such corrections t
the or a a irected City te r to i ContractDocuments
without requirement. , change order or any additional charge or cost to City
whatsoever.
6. WARRANTY: Contractor shall guarantee the Work against defective
workmanshipor materials for a periodf e year from the ate o It final
acceptance r e contract, ordinary_ ear and tear and unusual abuse or
neglect excepted. y omission on the part of City to condemn defective work
or materials at the time of construction shall not be deemed an acceptance
Contractor will be required to correct defective work or materials at any time
before final acceptance. Within one (1) year from e date of final acceptance
sae to faults in workmanship or materials, Contractor shall begin making the
2
necessary repairs to the satisfaction it within fourteen (14calendar as
of receipt fwritten notice ' ro i ® Such workshall include`the repair or
replacement of other work or materials damaged or affected by makingthe
above repairs or corrective r all at no additional cost to City. In the case o
Work materials or equipment r which warranties are required the special
provisions f the Contract Documents, Contractor shall provide or secure from
the appropriate subcontractor or supplier such warranties addressed to and i
favor of City and deliversame to Cityprior to final acceptance of the Work.
Delivery of suchrr i s shall not relieve Contractor from any obligation
assumed _ r any other provision of the contract. T ` e warranties an
guarantees provided in this subsection shall be in addition and t in
limitation of any other warrantees, guarantees or remedies required law, and
shall survive the expiration of this ree e for the time period mentioned
above.
7. TAXES: Contractor shall pay all license, sales, consumer,
transaction privilege, use and other similar taxes for the Work or portions
thereof r i e Contractor is are legally enacted t the time bids are
received e er or not yet effective r subsequently applicable due to acts of
jurisdictions or bodies other than City.
PERMITS8. m Unless otherwise provided in 't e Contract
Documents, Contractor shall secure and for ''all permits, government fees,
licenses an inspections necessary forte proper execution and completion of
Workwhich are customarily secured after execution of the contract, and which
re legally required. c` tractor shall give all notices and comply i all laws,
ordinances, rules, regulations and lawful orders of any public authority beari
on the performance of the Work. City permits for`this Work will be provided to
Contractor at no cost. Contractor represents and rr is that any license
necessary to performthe Work underthis Agreement is current and valid.
Contractor understands that the activity describedherein constitutes "doing
sines i " the City of Apache Junction" and Contractor agrees to obtain
business license pursuant to °Chapter 8 of the Apache Junction CityVol. I,
and keep c license current duringthe term of this Agreement and after
termination of this Agreement any time work is performed pursuant to the
warranty r vi i set forth in ectio ontract r `also acknowledges that
the tax provision of the Apache Junction ax<Code, ` , I apply
an i ;so, shall obtain transaction< , privilege license and/or other licenses as
may> e_required the city code, Any activity by subcontractors within the
corporate city limits ill invoke the same" licensing regulations on any
subcontractors, and Contractor ensures its subcontractors will obtain any and
all applicable licenses Further, Contractor agrees to pay "all applicable
privilege and use taxes that are applicable to 't e activities, products and
services provided under this Agreement.
9. INDEPENDENT CONTRACTOR: Contractor shall at all times urin
Contractor's performance _f the services retain Contractor's status as an
independent contr ct r Contractor's l y II under no circumstances
be considered r held to be employees or agents of City, and City shall have n
obligation to pay or withholdstate or federal taxes or provide, workers'
compensation r unemployment insurance for or on behalff them r
Contractor. Contractor` shall'supervise and direct the"delivery at ri la
using its best skill and attention, Except as providedin this Agreement,
Contractor shall be solely responsible for all construction means, methods,
techniques, sequences and procedures, and for coordinating all portions c e
r required o t Contract Documents. Contractor all a responsible t t
City r the acts and omissions its employees, contr ct r their
agents andemployees and other persons providingany of the materials under
any contract document.
SUPERINTENDENT:10. Contractor shall employ a competent project
superintendent who shall be in attendance at the project site during the
progress of the Work. The superintendent shall represent and be the community
agent of Contractorn nic tingiven to the superintendent shall be as
binding if 'given to Contractor. Important communications shall be confirmed
in writing. The designatedu eri ten en shall be designatedfor each project
and communicated c City before work is performed.
11. PROGRESS SCHEDULE: rac r shall, immediately r
entering into this re ent, generate an estimated pr re s schedule, which
shall be maintained andupdated the project. Work may progressduring
regular City business hours only if it is determined by City not to disturbnormal
operations.
® INDEMNIFICATION: To the fullest extent permitted by law,
Contractor shall defend, indemnify an l harmless City, its elected and
appointed er , officials, agents, and employeesfrom and against any and all
liability including but not limited to demands, claims, ,actions, fees, costs n
expenses, including reasonable attorney and expert i n fees,;arising from,
r alleged to have arisen from, relating t , arising out of, or alleged to have
resulted from the acts, errors, mistakes, omissions, r r services of
Contractor, i agents, employees, r any tier f tractor'ssubcontractors. in
the e r ance of this 'ree en , but onlyt the extent caused y the
negligence, recklessness or intentional wrongful conduct of Contractor or its
subcontractors in the performance of< e Work under this ree n or
subcontract. cntr c is duty to defend, hold harmlessindemnify Ci y its
special districts, elected and appointedofficers, officials, ent , and
employees shall arise in connection i any claim, damage, I r,expense
at i attributable t bodily injury, sickness, disease, death, or injury to,
impairment, or destruction of property including loss of use resulting therefrom,
caused an Contractor's act , errors, mistakes, omissions, or or services i
e performance oft is Agreement including n 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, my
tote extent caused `y 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 y be legally liable in the performance of the Work under_this
Agreementor subcontract. The amount and type of insurance coverage
requirements set forth herein will in no way be construed as limiting the scope
the indemnity in this paragraph, The rights and obligations under this Section
all survive termination of this Agreement.
SUBCONTRACTORS:13. All subcontractors chosen by Contractor will
e subject ,to_ i 's approval. AllsubcontractorsII e identified
Contractor priorto award. of contract. ontractor shall make no substitutions
for any subcontractor, person or entity previously selectedwithout the approval
of City
1 _® APPLICABLE LAW AND VENUE: The terms and conditions of this
Agreementshall be governed by and interpreted in accordance with the laws of
the to of Arizona. n action at la or i equitybrought, either Party for
the purpose of enforcing right or rights rovi e' for in this Agreement, shall
e tried in a court of competent jurisdiction in Pinal County, State of Arizona,
The Parties hereby waive all provisions of law providingfor a change of venue i
such r cee i to any other county. In the event either y shall bring suit to
enforce any term of thisAgreement" ._r to recover andamages_ for ared on
account o the breach o any term or condition in i _Agreement, it is'mutually
agreed that the prevailing Party in such action shall recover all costs including:
all -litigation and appeal expenses, collection expenses, reasonable att `rne
fees, necessary fees court c to sdeterminedy t c in
such action.-_
15. INSURANCE:
, Contractor, at its own expense, shall purchase and
maintain the herein stipulated ini insurance with companies duly licensed,
possessing a current A.M. Best, inc. Rating of + , or approved unlicensed i
the State of Arizona with policiesand forms satisfactory to City.
All insurance required erein shall be maintained in full force and effect until all
Work or service required o be performed under the terms of the Agreement i
satisfactorily completed n formally accepted; failure to do so may, at the sole
discretion of City, constitute aterial breach of this ree e .
Contractor'sinsurance shall be primary insurance as respects the City, n any
insurance or self-insurance maintained by City shall not contribute to it,
Any failure to comply i e claim reporting r visions of the insurance
policies' r any breachof an insurance licy warranty shall not affect coverage
afforded er the insurance olicie rotect City.
The insurance policies, except Workers' Compensation, shall contain ive
f transfer rights of recovery (subrogation) ai ity, its agents, officers,
officials and employees for any claims arising out of Contractor's acts, errors,
mistakes, omissions, Work or service.
e insurance licie r vi e coverage which contains deductibles or
self-insured retentions. c e cti I and/or self-insured retentions shall not
e applicable with respect c the coverage provided to City under such policies.
Contractor shall be solely responsible for the deductibleand/or self retention
and City, at its option, may require Contractor:to-secure payment of such
deductibles r self-insured retentions by a surety bond or an irrevocable
unconditional letter of credit.
City" reserves the right to request n o receive, within ten ( ) working days,
certified copies of any or all of the herein required insurance policies and/or
endorsements. ity shall not" e obligated, however, to review same or to _advise
Contractor of any e ciencie in suchpolicies and endorsements, n 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 this Agreement, shall name City, its agents, officers,
officials employees as Additional insure
REQUIRED COVERAGE
Commercial General Lla ilit
Contractor shall maintain Commercial General Liability insurance with a limit o
not less than $1,000,000 for each occurrence `with a $2,000,000
Products/Completed Oerati n 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 er ions and
blanketcontractual coverage including, but not limitedto, the liabilityassumed
under the indemnification r viei a of this Agreement, whichcoverage will be
at least as broadthat on Insurance Service Office, Inc. Policy For
00011093, or the equivalent thereof,
Such olicy shall contain a sever ability of interest provision and shall not contain
sunset provision or commutation clause, nor any provision which wouldserve
to limit third y action over claims.
The Commercial General Liability additional insured endorsementall be at
least as broad as the Insurance Service Office, Inc.'s Additional Insured, Form
20101185, or the equivalentthereof, and shall include coverage for
Contractor's eai n products I tod operations.
If required this r e ant, if Contractor sublets any part of the Work,
services' r operations, Contractor all purchase n maintain, t all times
during _
of the Work,;services or operations under this Agreement,
an Owner and Contractor's Protective Liability insurance policy for bodilyinjury
and propertydamage, including io may arise in the`prosecution of
Contractor's work, service or operations under this ree , n ® Coverage shall
be an an occurrence basis with a limit not less than $1,000,000 per occurrence,
and the policy shall be issued by the same insurance company that issues
Contractor's Com rei l General Liability insurance.
AutornobLle Liability
Contractor ` II maintain Commercial/Business Auto ail Liability insurance
with a combined si I limit for' oily injury and propertydamage of not lees
than $1,000,000 each rr e with respect to Contractor's owned, hired,
and non-owned vehicles ai ne to or used in performance of Contractor's
work. Coverage will be at least as broadcoverage e 1, "any auto",
(insurance Service Office, Inc. `licy Form CA 00011293, or the equivalent
thereof). insurance shall include coverage for loading n off-loading
hazards, If hazardoussubstances, materials"or wastes are to be transported,
endorsement shall be included and $5,000,000 per accident limits for
bodily injury r ert damage shall apply.
Workers' Compensation
Contractor ` ll carry Workers' Compensation insurance to cover obligations
imposed e ra1 and state statutes having jurisdiction of Contractor's
employees engaged in the performance f the or r services; n Employer's
Liability insurance trot leas than 1 , , r each accident, $100,000
disease for each employee, and $500,000 diseaselie limit.
y execution of thisAgreement, Contractor certifies as follows:
N am aware and understande provisions of A.R.S. § 23-901et
which requires every employer to be insured againstliability forworkers'
compensation or to undertake self-insurance in accordance with the
provisions 'o this chapter, and I will comply i such r i io before
commencing the performance of the Work of this ree ®"
If Contractor,has no employees r whom workers' compensation insurance i
required, Contractor shall submit a declaration or affidavit t i o stating
covenanting to obtaininsurance if and when Contractor employs any
employees t ec 'tc coverage.
In case any worksubcontracted, ntr c r will require subcontractors t
provide Workers' Compensation and Employer'sLiability insurance t least
e same extent a .required c tract r®
Certificates of Insurance
Prior to commencing wo r services under is Agreement, Contractor shall
furnish City i i icate of Insurance, or formal endorsements aa required
the `Agreement, issued by Contractor's ins r r( ), as evidence that policie
providing t 'e required coverages, conditions limits required y,this
Agreement are in full force and effect. e form of the certificates of insurance
and endorsements shall` e subject to the r v l the acheJunction ity
tt rney' rce, II c l i e ter,approval
t i ree t, shall be
issued anddelivered to City Attorney, City of Apache- unction, 300 East
Superstition ulev r , Apache Junction, AZ, 85119.
In the event any insurance policies required i Agreement re written on
"claims e" basis, coverage Ii extend for two ( ) years past completion
and cce t nce ofContractor's Work or services and as evidenced nn I
Certificates of Insurance.
If a policy doesexpire during the life of the Agreement, a renewal certificate
must be senttc City thirty ( )',calendar days `prior to the expiration dater
II Certificates of Insurance shall be identified ith bid serial number and title.
Policies r certificates and completed forms " F it ' Additional Insure
Endorsement (or a substantially equivalent insurance company form acceptable
to;the City Attorney) evidencing the coverage required by this section shall be
filed withit and shall include e City as an additional'inre e policy
or elides shall be in the usual form of a public liability iiiy insurance, but shall also
include the following provision:`
"Solely as respects o y or on behalfof the named. insured for
e City of Apache Junction, it is agreed that the City of ac e Junction
and its officers andemployees re added i ion i insureds er
this policy."
Insurance required erei shall not expire, be canceled, or _materially changed
without thirty ( ) calendar ' prior written notice to City.
16. CHANGE ORDERS: A change r' er is a written order to Contractor,
approved by a City representative, issued after execution of thisconstruction
agreement authorizing a change in the Workr an adjustment in the
construction agreement sum or the construction r e time. A change
order signed by Contractor indicates his agreement therewith. it ,
without invalidating thi construction agreement, order changes in the Work
within e general'scope of thisconstruction agree t consisting of additions,
deletions r other revisions, the construction agreement sum and the
construction re ent being adjustedaccordingly. All such changes in the
Work shall be authorized by Change Order and shall be performedunder the
applicable conditions of i construction agr e t® City representative ll
have authority to order minor changes in the Worknot involving an adjustment i
the construction agreement sum or extension of constructionagreement time
and not inconsistent wi intent of thisconstruction agreement, All such
changes shall be affected ritten order and shall be bindingon City
Contractor.
17. SUCCESSORS, ! ION: City and Contractor
each bindthemselves, their partners, successors, assigns an legal
representatives to the other Party hereto and to the partners, successors,
assigns legal representatives of suchother Party in respect to all
covenants, agreements andobligations contained in the contract oc'u e t .
Neither Party to the contract ll assign the contract r °let it as a whole or
delegate the duties hereunder, without the written consent of the other, nor
all Contractor assign any moniesdue or> c become due to it without the
previous written consent of City.
WRITTEN18. I Written o ice shall be deemed to have been
my serve -if deliveredin person to the individual or member of the fir.m or
entity, or to an office of the corporation for whom it was intended or if delivered
at or sent registered or certified ail, return receipt requested, and first-class
postage prepaid to the last business addressno o them o gives the
notice.
19. CLAIMS w Should either a to the contract suffer
injury or damage to personali r _ e y because of anyact 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 withina reasonable time
after the first observance of suchinjury `r damages.
20. PAYMENT & PERFORMANCE BONDS: City shall have the right t
require Contractor't furnish n` covering the faithful performance of the
contract and the payment of all obligations arising hereunder.
1® SAFETY: Contractor and/or its subcontractors shall be solely
responsible for job safetyt all times.
22. RIGHTS & REMEDIES: The duties and obligationsimposed y the
Contract Documents and the rights and remedies ie vaila le hereunder shall be in
addition to an not a limitation of an u ies obligations, rights an e i a
otherwise imposed or available by law. No action or failure to act by City or
Contractor shall constitute a waiverf any right r duty affordedof them
under e contract, r shall any actionr failure;t act constitute approval"
f r an acquiescence to any breaches hereunder except as-may be specifically
agreed to in writing.
3. Neither City nor Contractor, as the case may'be,
all be considered not to have performed its obligations under this Agreement
in the event of enforced delay (an "Enforced lay,) e to causes beyond its
control and withoutits fault r negligence or failure to comply' i h applicable
laws, including, 't not restricted t , actsof , fires, floods, epidemics,
pandernics, quarantine, restrictions, embargoes, labor disputes, and unusually
severeweather' r the delays of subcontractors or materialmen due to such
causes, acts of a public enemy, war, terrorism or act of terror (including not
limited o `io®tern ris r ec ® err ris ), nuclear radiation, blockade,
insurrection, riot, labor strike or interruption, extortion, sabotage, ° r similar
occurrence or any exercise of the power< f eminent domain of any governmental`
body on behalf of any public entity, or a declaration of moratoriumr similar
hiatus (whether er e t or temporary) by any public entity directly affecting
e obligations n r this Agreement. In no event will Enforced Delayinclude
any delay resulting from a ` it li for any reason labor shortages, or the
unavailability fray reason of particular Contractors, subcontractors, vendors
or investors desired o tr` ct r in connection it the obligations under`this
Agreement. ontr ctor'agrees that Contractor alone will bear all risks of delay
which are not EnforcedDelay. In the event of the occurrence of any such
Enforced el , the time or times for performance of the obligations of the Party
claiming elay shall be extended for a periodthe Enforced Delay; provided,
however, that the Party seeking the benefitthe provisions of this Section
shall, within'thirty ( ) calendar s after such arty knows or should know of
any such Enforced el y, first notify the other Party of the specific delay in
writing n claim the right to an extension r the period of the EnforcedDelay;
and provided'further that in no event shall a periodof forceDelay exceed
ninety( ) calendar days.
24, TERMINATION IT
A. TERMINATION BY CI Y: City shall be permitted to terminate this
Agreement if in the discretion of the city manager or his or her designee,
believes Contractor has fail.d to meet the terms of this Agreement, City shall
provide Notice of Termination to Contractor by Certified U.S. Mail to (1
calendar ays before such termination-takes e et®
B. TERMINATION BY CONTRACT ® Contractor
tr ctor ay terminate this
Agreement if City'fail c make payment as agreed upon in this document. Any
other termination will be deemedbreach of contract by Contractor.
1
Contractor shall rovi tice of Termination to >City by Certifiedit ten
(1 ) calendar days e ore such termination takes effect.
25. RECORDS: Records of Contractor's labor, payroll an ter costs
pertaining t isAgreement' shall e keptgenerally recognized" accounting
basis and made available to Cityr inspection on request, ntr ctor shall
maintain' records for a 'period least two ) years `after termination of this
Agreement and shall make such records available duringthat
retention erio r examination or audit by Citypersonnel during regular
business hours.
AMENDMENT:26. It is mutually understoodn re that no
alteration r variation f the terms n conditions of this Agreement's Il be
valid unless made" in writing andsigned the Parties hereto, and that oral
understandings or agreements not incorporated herei all t e binding
the parties. erepresentatives_ f the Parties (signatory _r Contractor
below or his or her designee, _and the it Manager, or is or her designee) shall
e authorized o execute'futureamendments> or extensions oft is Agreement.
7. ENTIRE AGREEMENT: This Agreement and any attachments
represent the"entire agreement et ee ity and Contractor and supersede all
for negotiations, representations or;agreements, either express or implied,
written r oral. It is mutually understoodagreed that no alteration or
variation of the terms and conditions of this Agreement shall be valid unless
made in writingn signed y the Parties hereto. Written and signed
amendments shall automatically become part of the supporting oc e` ts, and
all 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,
28. I I Y® 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 r is construed s requiring i
to o any act in violation of anyapplicable s, including any constitutional
provision, law, regulation, or'cit code), such r vision shall e deemed<severed
from this Agreement and this r e e t shall otherwise remain in full force and
effect; r i e that this Agreement shall retroactively be deemed reformed t
the extent reasonably possi le in such manner so that the reformed agreement
any related° agreements effective as oft e same date) provide essentially
the samed rights, and benefits (economic n d otherwise) to the Parties as ifs such
severance and reformation were not required.. less `prohibited byapplicable
laws, the Parties further shall perform all acts and execute, acknowledge and/or
deliver'all amendments, instruments sents necessary to accomplish an
o give effect tote purposes oft is Agreement, as reformed.
1
29. TIME i Time is of the essence with respect t
all provisions in hi re n . Any delayin performanceeither Party shall
constitute a material breach of this ree t.
INTEREST:30. CONFLICT OF The provisions of A.R.S. 11 relating
to cancellation of contracts e to conflicts ' interest` Ii apply to this
contract.
31 PROHIBITION ICONTRACTORS
ENGAGE IN BOYCOTT OF THE STATEI s The Partiesc n le e
A.R.S. through ® 3. amended, is forbids lic entities
from contracting wi n rac rs who engage i'"boycotts of the State of Israel.
Should tractor under this Agreement engage in any such boycott against the
State of Israel, this Agreement shall_be deemedautomatically terminated
operation f law. Any such boycott is a material breach of contract.
32. CERTIFICATION PURSUANT TO A.R.S.
4. In accordance
it' Arizona RevisedStatutes § 35-394, Contractor hereby certifies nagrees
that Contractor does not currently and shall not for the duration of this
Agreementuse: 1) the forced labor of ethnic Uyghurs in t e`People's Re lc of
Nina, ) any`services or goods producedy`the forced labor of ethnic Uyghurs
in the People's ' lic of"China, and/or 3} any suppliers, contractors or
subcontractors that use the forced labor or any services or goods produced
the forced labor of t is ,Uyghurs in the People' Republic of China. If
Contractor ecc e are during the term of this Agreement that tr c r is
not in compliance ,with thisSection, ten Contractor_shall notify t it `within
five' ( ) ai `e a a r ec ire aware f such noncompliance._ if
Contractor does not `provide the City withwritten certification that Contractor
has remedied c noncompliance within one hundred eighty ( ) days after
notifying the City of such noncompliance, this Agreement shall terminate, except
that if the Agreement termination ` to occurs before the e such> e
"`hundredeighty ( - ) remedy`._ period, this Agreement shall terminate on such
contract ter i ation date.
COMPLIANCEIContractor
understands_ n acknowledges the applicability of the American with
Disabilities Act, the Immigration Re r nControl Act of 1986 andthe Drug
Free Workplace Act of 1989 tot e services performed undera i re ent.
As required y A.R.S. § 41-4401, Contractor hereby warrantsits compliance
with all federal immigration laws andregulations that relate to itsemployees an
( ). Contractor further warrants that after hiring an employee,
Contractor will verify the employment li' i ility of theemployee through the E-
Verify program. If Contractor uses any subcontractors' in performance o
services, , subcontractors shall warrant their. compliance with all federal
immigration laws and regulations that relate to its employees" n
1
( ), and subcontractors shaII further warrant that r hiring an employee,
such subcontractor verifies't e employment eli i ilit the employee r
the E-Verify program. A breach of this r ty shall be deemedmaterial
breachthe Agreementthat is subject to penaltiesincluding
termination of this r nt. Contractor is subjectIt' of r
day for the first violation, r day for the second violation, n 1 er
a for the third violation. it t its tin terminatei Agreement ,after
e third violation. Contractor shall not be deemedin material breach of this
Agreement if the Contractor and/or ccnt c r establish n li nce with
the employment verification provisions of Sections'`274A and7federal
Immigration i ali c `and the rify requirements'contained in
( )g City retains the legal right to inspect the papers of any
Contractor or subcontractor 1c e who worksunder this r _e e t to
ensure that the Contractor or subcontractor is complying withthe warranty.
Any inspection will be conducted r reasonable notice and at reasonable
times. I `state l is amended, the Parties ay modify thisparagraph si e
with state law.
IN WITNESSthe Parties hereto have caused is Agreement t
be signed y their duly authorized- representative as of this day of
m �
CHASSE
BUILDING ,
an Arizona corporation
m marry has�e
Its: President
CITY:
CITY OF APACHE JUNCTION, ARIZONA,
an Arizona municipal corporation
yA Walter "Chin" ikon
Its: Mgygr
Jennifer ena
City ler
1
APPROVED AS TO FORM:
Richard J. Stern
City Attorney
1
STATE OF Arizona
COUNTY 2E!22 )
The foregoing wassubscribed and sworn to beforethis 7th
ay of August 20 24, by Bar Chasse a President Of
CHASSE III TEAM, an Arizona corporation.
m
Notary Public
y Commission ire
y 07, 2020
9Rb C°
m:w LANCA A ONA
9 ARU
ppqq NOTAW e
MARIC
PA COUNTY
m U47,
STATEF ARIZONA )
a .
COUNTY OF PINAL
The foregoing was subscribedsworn to before me this
y , Walter "Chip" it a Mayor f a'City of
Apache Junction, a Arizona u i i al corporation.
Notary Public
y CommissionExpires:
1
EXHIBIT A
Apache Junction Library Restroom Reno
Estimator:A Zuniga WaS
Contract:1GPA(23-15PV-02) fi CHASSL
Date: 7/22/2024
'tst Div , , , , Clestription ..
0240 Demolition $6,120
Demo out Tiles,Countertops,Baby Changing Tables,&Toilet
Partitions in Men's&Women's RR
Demo out Countertops&Baby Changing Tables in Boys and
Girls Restrooms
0930 Tile Replacement Walls $20,006
Replace wall tile in Men's and Women Restroom with Ceramic Tile
Wall tile from floor to ceiling
Schulter transitions and Cover Base where applicable
At Boys and Girls restroom patch tiles as needed-Tile to be
used are Caltile Yellow,Red and Cobalt Blue
Tile to be 24x48 Legacy Calgary porcelain tile
0930 Tile Replacement Floors
Replace floor tile in Men's and Women Restroom with Ceramic Tile $5,553
Tile to be 24x48 Legacy Calgary porcelain tile
Schulter transitions and Cover Base where applicable
1236 Countertops and Partitions $36,242
Furnish and install Solid Surface counter with built in sinks for
both Gang Restrooms,Mens and Womens Restrooms
Reconnect all plumbing in restrooms receiving countertops.
New faucets will be furnished and installed in Both Gang
Restrooms and Mens and Womens Restroom
Furnish and install HDPE"Mocha"Partitions for Men's and
Women's Restrooms.
Drywall,Tape,Texture,and Paint touch up as needed
1000 Specialties $4,920
Furnish and install baby changing tables for gang restrooms and Mens and Womens Restroom
Furnish and install 24 x 24 Mirrors,2 each in Mens and
Womens Restroom
Provide Step-ups for kids to reach sinks
2600 Electrical Allowance $11,000
Demo and Reinstall outlets in Men's&Women's restroom
Upgrade light fixtures in both gang restrooms and Men's and
Womens Restroom
Stainless covers and switches in both gang restrooms and
Mens and Womens Restroom
General Conditions $16,400
,'total Direct Cosh .$100 241
Owner Contingency $13,562
Contractor Contingency $5,000
Stt#tttt3E C6itStrS!Ctftln Esttmatte .$1i$,$Ct3,
G/Llnsurance 1.30% $1,763
Builder's Risk Insurance 1,00% $1,356
Payment&Performance Bond 1.10% $1,492
Contractor Fee 9.0% $12,206
'rrstalCons•,tructionEstitnate-
Clarifications
1 Based on normal working hours
2 Permit&plan check fees by owner
3 City fees,impact costs,or utility company fees by owner
4 Special inspections and testing by owner
5 All Finishes to be selected by owner from VE priced specs
6 Proposal Valid for 30 days
*Please e-mail purchase orders to Arturo Zuniga
azuniga@Chasse.us 602.578.2041
City of Apache Junction, Arizona 300 E Superstition
Boulevard
Agenda Item Cover Sheet Apache Junction,AZ
85119
Agenda Item No.9.
File ID: 24-652
Sponsor:Trina Harrison Agenda Date:9/3/2024
Index: In Control: City Council Meeting
Presentation and discussion on contract award to FM Solutions Management for a city facility
condition assessment utilizing the City of Phoenix Cooperative Contract No. CON159213-0 in
an amount not to exceed $131,694.00.
City of Apache Junction,Arizona Page 1 Printed on 8/28/2024
City of Apache Junction
' Home of the Superstition Mountains
DATE: SEPTEMBER 3, 2024
TO: MAYOR AND CITY COUNCIL MEMBERS
THROUGH: BRYANT POWELL, CITY MANAGER
FROM: TRINA HARRISON, CIP PROGRAM MANAGER
SUBJECT: AGREEMENT FOR FACILITY CONDITIONS ASSESSMENT
Staff respectfully requests the mayor and city council consider a proposal to enter into
an agreement with FM Solutions for the purpose of creating a facility conditions
assessment report that identifies the current condition of nineteen city owned facilities.
This assessment will be conducted by gathering all existing known documentation for
each facility and assessing structural, mechanical, electric, and plumbing systems.
This report will identify any existing deficiencies, necessary improvements, and develop
an implementation strategy for improving, repairing, and upgrading the city owned
buildings based on a prioritization of equipment and system-wide needs.
This report will be used to develop our Capital Improvement Plan by effectively
strategizing the maintenance of our existing assets while programming our new projects
over the next ten years.
Staff recommends entering into a contract with FM Solutions utilizing Cooperative
Contract Number RFQu 24-FMD-002 in an amount not to exceed $131,694.00 which
includes a contingency fee.
PROFESSIONAL SERVICES AGREEMENT WITH FM SOLUTIONS MANAGEMENT,
LLC FOR CITY OF APACHE JUNCTION FACILITIES ASSESSMENT
THIS AGREEMENT is made as of the day of September, 2024 (the
"Effective Date") by and between the CITY OF APACHE JUNCTION, an Arizona
municipal corporation ("City"), and FM SOLUTIONS MANAGEMENT, LLC, an
Arizona limited liability company, ("Consultant"), both of which may be
hereinafter referred to collectively as the "Parties" or individually as a "Party."
RECITALS
A. City desires to retain a consultant to assist in a comprehensive
analysis of the City's facilities available through the City of Phoenix Cooperative
Contract No. CON159213-0 (on file in the City's Finance Department) and to
make payment for the same in accordance with the terms and conditions set
forth in this Agreement, including all attachments and addenda which are
appended hereto by mutual agreement of the Parties.
B. The Parties have set forth below contemplated services Consultant will
provide City, including payment terms for such services and products.
AGREEMENT
NOW, THEREFORE, in consideration of the Recitals noted above, the
mutual covenants and conditions below, and other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged,
the Parties agree as follows:
1. CONSULTANT'S DUTIES: Consultant agrees to perform the
professional services detailed in Exhibit A.
2. COMPENSATION: In accordance with the terms and conditions of
this Agreement, City shall compensate Consultant for professional services in
an amount not to exceed One Hundred Ninteen Thousand Seven Hundred
Seventy Seven Dollars and Zero Cents ($119,722.00) plus a contingency amount
of Eleven Thousand Nine Hundred Seventy Two Dollars and Zero Cents
($11,972.00) for a total not to exceed amount of One Hundred Thirty One
Thousand Six Hundred Ninety Four Dollars and Zero Cents ($131,694.00) in
accordance with the price sheet set forth in Exhibit A.
3. CONSULTANT BILLING: Consultant shall bill City on a time and
expense basis in a total amount not to exceed Section 2 above. City shall pay
such billings within thirty (30) calendar days of the date of receipt.
4. TERM/RENEWAL: The term of this Agreement starts on September
18, 2024 and ends on June 30, 2025 with the option to extend the Agreement an
additional one year provided the extension is in writing.
1
5. CITY'S STANDARD OF PERFORMANCE: City shall furnish
Consultant with all data, information and other supporting services specified in
Exhibit A.
6. CONSULTANT'S STANDARD OF PERFORMANCE: While performing
the services, Consultant shall exercise the reasonable professional care and
skill customarily exercised by reputable members of Consultant's profession
practicing in the Phoenix Metropolitan Area, and shall use reasonable diligence
and best judgment while exercising its professional skill and expertise.
Consultant shall be responsible for all errors and omissions Consultant commits
in the performance of this Agreement.
7. NOTICES: All notices to the a Party required under this Agreement
shall be in writing and sent by first class certified mail, postage prepaid, return
receipt requested, addressed to the following:
If to City: City of Apache Junction
Trina Harrison, CIP Manager
300 East Superstition Boulevard
Apache Junction, AZ 85119
And a Copy to: City Attorney
R. Joel Stern
300 E. Superstition Boulevard
Apache Junction, AZ 85119
If to Consultant: Curtis Slife
P.O. Box 30102
Mesa, AZ 85275
8. INSURANCE: Consultant, at its own expense, shall purchase and
maintain the herein stipulated minimum insurance with companies duly licensed,
possessing a current A.M. Best, Inc. Rating of B++6, or approved unlicensed in
the State of Arizona with policies and forms satisfactory to City.
All insurance required herein shall be maintained in full force and effect until all
work or service required to be performed under the terms of the Agreement is
satisfactorily completed and formally accepted; failure to do so may, at the sole
discretion of City, constitute a material breach of this Agreement.
Consultant's insurance shall be primary insurance as respects the City, and any
insurance or self-insurance maintained by City shall not contribute to it.
Any failure to comply with the claim reporting provisions of the insurance
policies or any breach of an insurance policy warranty shall not affect coverage
afforded under the insurance policies to protect City.
2
The insurance policies, except Workers' Compensation, shall contain a waiver
of transfer rights of recovery (subrogation) against City, its agents, officers,
officials and employees for any claims arising out of Contractor's acts, errors,
mistakes, omissions, work or service.
The insurance policies may provide coverage which contains deductibles or
self-insured retentions. Such deductible and/or self-insured retentions shall not
be applicable with respect to the coverage provided to City under such policies.
Consultant shall be solely responsible for the deductible and/or self retention
and City, at its option, may require Consultant to secure payment of such
deductibles or self-insured retentions by a surety bond or an irrevocable and
unconditional letter of credit.
City reserves the right to request and to receive, within ten (10) working days,
certified copies of any or all of the herein required insurance policies and/or
endorsements. City shall not be obligated, however, to review same or to advise
Consultant of any deficiencies in such policies and endorsements, and such
receipt shall not relieve Consultant from, or be deemed a waiver of, City's right
to insist on strict fulfillment of Consultant's obligations under this Agreement.
The insurance policies, except Workers' Compensation and Professional
Liability, required by this Agreement, shall name City, its agents, officers,
officials and employees as Additional Insureds.
REQUIRED COVERAGE
Commercial General Liability
Consultant shall maintain Commercial General Liability insurance with a limit of
not less than $1,000,000 for each occurrence with a $2,000,000
Products/Completed Operations Aggregate and a $2,000,000 General
Aggregate limit. The policy shall include coverage for bodily injury, broad form
property damage, personal injury, products and completed operations and
blanket contractual coverage including, but not limited to, the liability assumed
under the indemnification provisions of this Agreement, which coverage will be
at least as broad as that on Insurance Service Office, Inc. Policy Form No. CG
00011093, or the equivalent thereof.
Such policy shall contain a severability of interest provision, and shall not
contain a sunset provision or commutation clause, nor any provision which
would serve to limit third party action over claims.
The Commercial General Liability additional insured endorsement shall be at
least as broad as the Insurance Service Office, Inc.'s Additional Insured, Form
B, CG 20101185, or the equivalent thereof, and shall include coverage for
Consultant's operations and products and completed operations.
3
If required by this Agreement, if Consultant sublets any part of the work,
services or operations, Consultant shall purchase and maintain, at all times
during prosecution of the work, services or operations under this Agreement, an
Owner and Consultant's Protective Liability insurance policy for bodily injury
and property damage, including death, which may arise in the prosecution of
Consultant's work, service or operations under this Agreement. Coverage shall
be on an occurrence basis with a limit not less than $1,000,000 per occurrence,
and the policy shall be issued by the same insurance company that issues
Consultant's Commercial General Liability insurance.
Automobile Liability
Consultant shall maintain Commercial/Business Automobile Liability insurance
with a combined single limit for bodily injury and property damage of not less
than $1,000,000 each occurrence with respect to Consultant's owned, hired,
and non-owned vehicles assigned to or used in performance of Consultant's
work. Coverage will be at least as broad as coverage code 1, "any auto",
(Insurance Service Office, Inc. Policy Form CA 00011293, or the equivalent
thereof). Such insurance shall include coverage for loading and off loading
hazards. If hazardous substances, materials or wastes are to be transported,
MCS 90 endorsement shall be included and $5,000,000 per accident limits for
bodily injury and property damage shall apply.
Workers' Compensation
Consultant shall carry Workers' Compensation insurance to cover obligations
imposed by federal and state statutes having jurisdiction of Consultant's
employees engaged in the performance of the work or services; and,
Employer's Liability insurance of not less than $100,000 for each accident,
$100,000 disease for each employee, and $500,000 disease policy limit.
By execution of this Agreement, Consultant certifies as follows:
"1 am aware and understand the provisions of A.R.S. § 23-901 etseq.
which requires every employer to be insured against liability for
workers' compensation or to undertake self-insurance in
accordance with the provisions of this chapter, and I will comply with
such provisions before commencing the performance of the work of
this Agreement."
If Consultant has no employees for whom workers' compensation insurance is
required, Consultant shall submit a declaration or affidavit to City so stating and
covenanting to obtain such insurance if and when Consultant employs any
employees subject to coverage.
4
In case any work is subcontracted, Consultant will require subcontractors to
provide Workers' Compensation and Employer's Liability insurance to at least
the same extent as required of Consultant.
Certificates of Insurance
Prior to commencing work or services under this Agreement, Consultant shall
furnish City with Certificates of Insurance, or formal endorsements as required
by the Agreement, issued by Consultant's insurer(s), as evidence that policies
providing the required coverages, conditions and limits required by this
Agreement are in full force and effect. The form of the certificates of insurance
and endorsements shall be subject to the approval of the Apache Junction City
Attorney's Office, shall comply with the terms of this Agreement, and shall be
issued and delivered to City Attorney, City of Apache Junction, 300 East
Superstition Boulevard, Apache Junction, AZ 85119.
In the event any insurance policies required by this Agreement are written on a
"claims made" basis, coverage shall extend for two (2) years past completion
and acceptance of Consultant's work or services and as evidenced by annual
Certificates of Insurance.
If a policy does expire during the life of the Agreement, a renewal certificate
must be sent to City thirty (30) calendar days prior to the expiration date.
All Certificates of Insurance shall be identified with bid serial number and title.
Policies or certificates and completed forms of City's Additional Insured
Endorsement (or a substantially equivalent insurance company form acceptable
to the City Attorney) evidencing the coverage required by this section shall be
filed with the City and shall include the City as an additional insured. The policy
or policies shall be in the usual form of a public liability insurance, but shall also
include the following provision:
"Solely as respects work done by or on behalf of the named insured
for the City of Apache Junction, it is agreed that the City of Apache
Junction and its officers and employees are added as additional
insureds under this policy."
Insurance required herein shall not expire, be canceled, or materially changed
without thirty (30) calendar days' prior written notice to City.
9. APPLICABLE LAW AND VENUE: The terms and conditions of this
Agreement shall be governed by and interpreted in accordance with the laws of
the State of Arizona. Any action at law or in equity brought by either party for
the purpose of enforcing a right or rights provided for in this Agreement, shall
be tried in a court of competent jurisdiction in Pinal County, State of Arizona.
The parties hereby waive all provisions of law providing for a change of venue in
such proceeding to any other county. In the event either party shall bring suit to
5
enforce any term of this Agreement or to recover any damages for and on
account of the breach of any term or condition in this Agreement, it is mutually
agreed that the prevailing party in such action shall recover all costs including:
all litigation and appeal expenses, collection expenses, reasonable attorney
fees, necessary witness fees and court costs to be determined by the court in
such action.
10. FORCE MAJEURE: Neither City nor Consultant, as the case may be,
shall be considered not to have performed its obligations under this Agreement
in the event of enforced delay (an "Enforced Delay") due to causes beyond its
control and without its fault or negligence or failure to comply with applicable
laws, including, but not restricted to, acts of God, fires, floods, epidemics,
pandemics, quarantine, restrictions, embargoes, labor disputes, and unusually
severe weather or the delays of subcontractors or materialmen due to such
causes, acts of a public enemy, war, terrorism or act of terror (including but not
limited to bio-terrorism or eco-terrorism), nuclear radiation, blockade,
insurrection, riot, labor strike or interruption, extortion, sabotage, or similar
occurrence or any exercise of the power of eminent domain of any governmental
body on behalf of any public entity, or a declaration of moratorium or similar
hiatus (whether permanent or temporary) by any public entity directly affecting
the obligations under this Agreement. In no event will Enforced Delay include
any delay resulting from unavailability for any reason of labor shortages, or the
unavailability for any reason of particular Consultants, subcontractors, vendors
or investors desired by Consultant in connection with the obligations under this
Agreement. Consultant agrees that Consultant alone will bear all risks of delay
which are not Enforced Delay. In the event of the occurrence of any such
Enforced Delay, the time or times for performance of the obligations of the Party
claiming delay shall be extended for a period of the Enforced Delay; provided,
however, that the Party seeking the benefit of the provisions of this Section
shall, within thirty (30) calendar days after such Party knows or should know of
any such Enforced Delay, first notify the other Party of the specific delay in
writing and claim the right to an extension for the period of the Enforced Delay;
and provided further that in no event shall a period of Enforced Delay exceed
ninety (90) calendar days.
11. TERMINATION: This Agreement may be terminated by either Party
for any reason upon sxty (60) days' written notice. If this Agreement is
terminated, City shall be reimbursed from Consultant the amount paid for any
undelivered and/or unaccepted products or services. Upon termination, City
agrees to pay for all delivered, accepted, and properly invoiced services that
were provided up to the announced Termination Date.
12. INDEMNIFICATION: To the fullest extent permitted by law,
Consultant shall defend, indemnify and hold harmless City, its elected and
appointed officers, officials, agents, and employees from and against any and all
liability including but not limited to demands, claims, actions, fees, costs and
expenses, including reasonable attorney and expert witness fees, arising from,
6
or alleged to have arisen from, relating to, arising out of, or alleged to have
resulted from the acts, errors, mistakes, omissions, Work or services of
Consultant, its agents, employees, or any tier of Consultant's subcontractors in
the performance of this Agreement, but only to the extent caused by the
negligence, recklessness or intentional wrongful conduct of Consultant or its
subcontractors in the performance of the Work under this Agreement or any
subcontract. Consultant's duty to defend, hold harmless and indemnify City, its
special districts, elected and appointed officers, officials, agents, and
employees shall arise in connection with any claim, damage, loss or expense
that is attributable to bodily injury, sickness, disease, death, or injury to,
impairment, or destruction of property including loss of use resulting therefrom,
caused by an Consultant's acts, errors, mistakes, omissions, work or services in
the performance of this Agreement including any employee of Consultant, any
tier of Consultant's subcontractor or any other person for whose acts, errors,
mistakes, omissions, Work or services Consultant may be legally liable, but only
to the extent caused by the negligence, recklessness or intentional wrongful
conduct of Consultant or any tier of Consultant's subcontractors or any other
person for whose acts, errors, mistakes, omissions, Work or services
Consultant may be legally liable in the performance of the Work under this
Agreement or subcontract. The amount and type of insurance coverage
requirements set forth herein will in no way be construed as limiting the scope
of the indemnity in this paragraph. The rights and obligations under this Section
shall survive termination of this Agreement.
13. TAXES: Consultant shall pay all license, sales, consumer,
transaction privilege, use and other similar taxes for services provided by
Consultant which are legally enacted at the time the obligations under this
Agreement are performed.
14. PERMITS & FEES: Unless otherwise provided in this Agreement,
Consultant shall secure and pay for all applicable permits, government fees,
licenses and inspections necessary for the proper execution and completion of
services which are customarily secured after execution of the Agreement.
Consultant shall give all notices and comply with all laws, ordinances, rules,
regulations and lawful orders of any public authority bearing on the
performance of the obligations. Consultant represents and warrants that any
license necessary to perform the services under this Agreement is current and
valid. Consultant understands that the activity described herein constitutes
"doing business in the City of Apache Junction" and Consultant agrees to obtain
a business license pursuant to Chapter 8 of the Apache Junction City Code, Vol.
1, and keep such license current during the term of this Agreement. Consultant
also acknowledges that the tax provision of the Apache Junction Tax Code,
Chapter 8A, may also apply and if so, shall obtain a transaction privilege license
and/or other licenses as may be required by all applicable laws. Further,
Consultant agrees to pay all applicable privilege and use taxes that are
7
applicable to the activities, products and services provided under this
Agreement.
15. RECORDS: Records of Consultant's labor, payroll, and other costs
pertaining to this Agreement shall be kept on a generally recognized accounting
basis and made available to City for inspection on request. Consultant shall
maintain records for a period of at least two (2) years after termination of this
Agreement, and shall make such records available during that retention period
for examination or audit by City personnel during regular business hours.
16. RIGHT OF CITY TO CONTRACT WITH OTHERS: Nothing in this
Agreement shall imply City is obligated to obtain the services described herein
with only this particular Consultant.
17. INDEPENDENT CONTRACTOR: City and Consultant agree and
understand that the relationship between both Parties is that of an independent
contractor.
18. WAIVER OF TERMS AND CONDITIONS: The failure of City or
Consultant to insist in any one or more instances on performance of any of the
terms or conditions of this Agreement or to exercise any right or privilege
contained herein shall not be considered as thereafter waiving such terms,
conditions, rights or privileges, and they shall remain in full force and effect.
19. COMPLIANCE WITH FEDERAL AND STATE LAWS: Consultant
understands and acknowledges the applicability of the American with
Disabilities Act, the Immigration Reform and Control Act of 1986 and the Drug
Free Workplace Act of 1989 to the services performed under this Agreement.
As required by A.R.S. § 41-4401, Consultant hereby warrants its compliance
with all federal immigration laws and regulations that relate to its employees and
A.R.S. § 23-214(A). Consultant further warrants that after hiring an employee,
Consultant will verify the employment eligibility of the employee through the E-
Verify program. If Consultant uses any subcontractors in performance of
services, subcontractors shall warrant their compliance with all federal
immigration laws and regulations that relate to its employees and A.R.S. § 23-
214(A), and subcontractors shall further warrant that after hiring an employee,
such subcontractor verifies the employment eligibility of the employee through
the E-Verify program. A breach of this warranty shall be deemed a material
breach of the Agreement that is subject to penalties up to and including
termination of this Agreement. Consultant is subject to a penalty of $100 per
day for the first violation, $500 per day for the second violation, and $1,000 per
day for the third violation. City at its option may terminate this Agreement after
the third violation. Consultant shall not be deemed in material breach of this
Agreement if the Consultant and/or subcontractors establish compliance with
the employment verification provisions of Sections 274A and 274B of the federal
Immigration and Nationality Act and the E-Verify requirements contained in
8
A.R.S. § 23-214(A). City retains the legal right to inspect the papers of any
Consultant or subcontractor employee who works under this Agreement to
ensure that the Consultant or subcontractor is complying with the warranty.
Any inspection will be conducted after reasonable notice and at reasonable
times. If state law is amended, the Parties may modify this paragraph consistent
with state law.
20. ENTIRE AGREEMENT: This Agreement and any attachments
represent the entire agreement between City and Consultant and supersede all
prior negotiations, representations or agreements, either express or implied,
written or oral. It is mutually understood and agreed that no alteration or
variation of the terms and conditions of this Agreement shall be valid unless
made in writing and signed by the Parties hereto. Written and signed
amendments shall automatically become part of the Supporting Documents, and
shall supersede any inconsistent provision therein; provided, however, that any
apparent inconsistency shall be resolved, if possible, by construing the
provisions as mutually complementary and supplementary.
21. SEVERABILITY: City and Consultant each believe that the execution,
delivery and performance of this Agreement are in compliance with all
applicable laws. However, in the unlikely event that any provision of this
Agreement is declared void or unenforceable (or is construed as requiring City
to do any act in violation of any applicable laws, including any constitutional
provision, law, regulation, or city code), such provision shall be deemed severed
from this Agreement and this Agreement shall otherwise remain in full force and
effect; provided that this Agreement shall retroactively be deemed reformed to
the extent reasonably possible in such a manner so that the reformed agreement
(and any related agreements effective as of the same date) provide essentially
the same rights and benefits (economic and otherwise) to the Parties as if such
severance and reformation were not required. Unless prohibited by applicable
laws, the Parties further shall perform all acts and execute, acknowledge and/or
deliver all amendments, instruments and consents necessary to accomplish and
to give effect to the purposes of this Agreement, as reformed.
22. SUCCESSORS ASSIGNMENT & DELEGATION: City and Consultant
each bind themselves, their partners, successors, assigns and legal
representatives to the other Party hereto and to the partners, successors,
assigns and legal representatives of such other Party in respect to all
covenants, agreements and obligations contained in this Agreement. Neither
Party to the Agreement shall assign the Agreement or sublet it as a whole or
delegate the duties hereunder, without the written consent of the other, nor
shall Consultant assign any monies due or to become due to it without the
previous written consent of City.
23. ACCURACY OF WORK: Acceptance of services or work by City
shall not relieve Consultant of the responsibility for subsequent correction of
any such errors and the clarification of any ambiguities. Consultant shall make
9
all necessary revisions or corrections resulting from errors and omissions on
the part of Consultant without additional compensation.
24. TIME IS OF THE ESSENCE: Time is of the essence with respect to
all provisions in this Agreement. Any delay in performance by either Party shall
constitute a material breach of this Agreement.
25. PROHIBITION TO CONTRACT WITH CONSULTANTS WHO ENGAGE
IN BOYCOTT OF THE STATE OF ISRAEL: The Parties acknowledge A.R.S. §§ 35-
393 through 35-393.03, as amended, which forbids public entities from
contracting with Consultants who engage in boycotts of the State of Israel.
Should Consultant under this Agreement engage in any such boycott against the
State of Israel, this Agreement shall be deemed automatically terminated by
operation of law. Any such boycott is a material breach of contract.
26. CERTIFICATION PURSUANT TO A.R.S. § 35-394. In accordance
with Arizona Revised Statutes § 35-394, Consultant hereby certifies and agrees
that Consultant does not currently and shall not for the duration of this
Agreement use: 1) the forced labor of ethnic Uyghurs in the People's Republic of
China, 2) any services or goods produced by the forced labor of ethnic Uyghurs
in the People's Republic of China, and/or 3) any suppliers, contractors or
subcontractors that use the forced labor or any services or goods produced by
the forced labor of ethnic Uyghurs in the People's Republic of China. If
Consultant becomes aware during the term of this Agreement that Consultant is
not in compliance with this Section, then Consultant shall notify the City within
five (5) business days after becoming aware of such noncompliance. If
Consultant does not provide the City with written certification that Consultant
has remedied such noncompliance within one hundred eighty (180) days after
notifying the City of such noncompliance, this Agreement shall terminate, except
that if the Agreement termination date occurs before the end of such one
hundred eighty (180) day remedy period, this Agreement shall terminate on such
contract termination date.
27. CONFLICTS OF INTEREST: This Agreement is subject to, and may
be terminated by City in accordance with, the provisions of A.R.S. § 38-511.
IN WITNESS WHEREOF, Consultant and City have executed this
Agreement as of the date first set forth above.
CONSULTANT:
FM SOLUTIONS MANAGEMENT, LLC
an Arizona limited liability company
By:
Its:
10
CITY:
CITY OF APACHE JUNCTION, ARIZONA,
an Arizona municipal corporation
By: Walter "Chip" Wilson
Its: Mayor
ATTEST:
Jennifer Pena
City Clerk
APPROVED AS TO FORM:
R. Joel Stern
City Attorney
11
STATE OF )
) ss.
COUNTY OF )
The foregoing was subscribed and sworn to before me this
day of , 20 , by as of FM
SOLUTIONS MANAGEMENT, LLC an Arizona limited liability company.
Notary Public
My Commission Expires:
STATE OF ARIZONA )
) ss.
COUNTY OF PINAL )
The foregoing was subscribed and sworn to before me this
day of , 20 , by Walter "Chip" Wilson, as Mayor of the City of
Apache Junction, Arizona, an Arizona municipal corporation.
Notary Public
My Commission Expires:
12
EXHIBIT A
EXHIBIT A
fm SOLUTIONS
8/19/24
fmsolufions,net Trina Harrison
CIP Program Manager
300 E. Superstition Blvd.
Apache Junction,AZ 85119
RE:City of Apache Junction Facility Condition Assessments-R5
Dear Trina,
P 602-265-7900
This letter will acknowledge and confirm our recent discussions and serve as a proposal for the above
noted project.
The scope will consist of an objective and technical analysis of the physical condition of each facility
within the project scope. This project scope is for 19 facilities located in the City of Apache Junction
(CoAJ). FMS will identify the cost required to bring the buildings to a standard condition, addressing
both the building deficiencies* and necessary improvements, and develop an implementation
strategy for improving, repairing, and upgrading the buildings based on a prioritization of equipment
and system-wide needs. *Note:The term deficiencies is not a failure of staff, it is the industry
standard term to identify the material physical deficiencies to a user.) The project services consist of
FMS facility condition assessments based on the ASTM 2018-24 standards.
We propose to furnish these professional services as set F*e gum ..
forth below for the Lump sum amount of$119,722. FMS Assessment fee $119,272
Administration $450
The anticipated contract duration from Notice to Proceed is 120 $ 19722
days.
brand Total $ 19,72
FM Solutions Management LLC Remit to Address is PO Box 30102 Mesa,AZ 85275
602.265.7900.
The signatory for FMS is Curtis Slife, President.
The PM for this project is Jeffrey Chambers.
We look forward to proceeding with your project upon receipt of your approval, should you have any
questions please contact me to discuss (602-448-5355) bun er@fmsolutions.net.
Sincerely,
Heather Unger, CSI
FM Solutions Management, LLC
FM Solutions
1 Management LLC
PO Box 30102
Mesa,AZ 85275
fAn SOLUTIONS
I. PROJECT ASSUMPTIONS
frnsolutions,net 1. City of Apache Junction (CoAJ)will provide one(1) Public Works Building Maintenance escort at
each site with pre-coordinated access to all rooms/areas within the building(mechanical rooms,
electrical rooms, roof,etc....).The escorts will walk with the assessment team(s)throughout the on-
site survey.
2. CoAJ Public Works Building Maintenance or city representative will coordinate and schedule any
meetings and/or phone calls required. FM Solutions will notify the City's Public Works Building
Maintenance no less than two weeks in advance in order to schedule meetings or facility access.
3. CoAJ Public Works Building Maintenance or city representative for each subject building will
P 602-265-7900 provide a ladder to access ceiling areas above the grid and the roof if no direct access is provided. If
ladder cannot be provided, please notify FMS at least 24 hours in advance of the field portion of
the assessment.
11. OBJECTIVES
The following objectives are outlined for the Facility Condition Assessment:
1. To provide an objective and technical analysis of the physical condition of each facility within the
project scope.
2. To identify the cost required to bring the buildings to a standard condition,addressing both the
building deficiencies and necessary improvements.
3. To develop an implementation strategy for improving,repairing and upgrading the buildings based
on a prioritization of equipment and system-wide needs.
111. SCOPE OF SERVICES
1. Task 1:-Two Weeks
a. Gather and review existing information&data to include:
i. FM Solutions will send the FC(Facility Condition) Pre-assessment Checklist for each
facility and request a Single Point of contact(SPoC)from the Public Works Building
Maintenance group per facility address to be returned within two weeks.
ii. FM Solutions will request the building floor plans and drawings. If FM Solutions is
required to scan or provide these documents an additional fee will apply.
iii. FM Solutions will request any existing reports/studies associated with subject
buildings by contacting the Facility Manager.
b. Kick-Off Meetings: One Week
L FM Solutions will request single point of contact(SPoC)from the Public Works
Building Maintenance group per facility address to coordinate the kickoff meetings
to gather historical information on each building.The intent of these meetings is to
capture previous work completed,identify problem areas within the building,and
receive input from staff that are most knowledgeable of the facility. Recommended
to attend these meetings at a minimum are:
1. Facility Consultant
2. CoAJ facility supervisors or city representative
FM Solutions
2 (Management LLC
PO Box 30102
Mesa,AZ 85275
fAn SOLUTIONS
3. O&M staff responsible for maintaining each building. Request all current
warranty documentation on assets to be included in the report.
frnsolutions,net 4. IT Representative
2. Task 2: Perform physical survey of each building: Up to Six Weeks
i. The assessment team will conduct visual assessments of system conditions and
gather life-cycle data on each of the following systems:
1. Building Shell (Roofs,Walls,Window Systems, Exterior Doors and Structural
Components)
2. Identify year built-if source is available.
P 602-265-7900 3. Building Interior(Walls, Doors, Floors&Ceilings)
4. HVAC Systems
5. Electrical&Electrical Distribution Systems(Primary and Backup)
6. Lighting&Lighting Control Systems
7. Plumbing Systems& Fixtures
8. Fire Protection Sprinkler Systems
9. Fire Alarm Systems
ii. The following will also be identified and prioritized:
1. Code compliance issues.
2. Fire/life-safety issues.
3. Risk Issues
iii. Pictures will betaken to document any deficiencies identified throughout survey.
3. Task 3: Data entry/upload: Four Weeks
i. Upload information gathered into Facilitize database.
1. Facilitize is an online asset management application is included in this scope
of work.This tool provides detailed reports for each building assessed,
outlining building systems' inventory,recommended capital improvements,
existing deficiencies,associated costs,condition indices,and future funding
projections.
ii. Develop Replacement Models for building systems.
iii. Develop comprehensive cost estimates for recommended improvements/projects.
iv. Calculate the FCI for each facility.
v. Establish current and project 10-year funding requirements.
vi. Develop facility overview.
vii. Access to Facilitize with capital renewal and CMMS will be available at no charge for
a 90-day trial period upon completion of final report. It would then be available for
$10,000 annually.
4. Task 4: FMS Deliverables: Up to Six Weeks
a. We will execute data reports for the buildings
b. Create final report drafts titled by the project name on the cover page for your review when
the assessments are completed.Typical reports include:
FM Solutions
3 Management LLC
PO Box 30102
Mesa,AZ 85275
fAn SOLUTIONS
i.Summary Report-is a description of each facility and a summary of condition and
deficiencies including FCI and projected repair costs.
frnsolutions,net ii.Survey Detail Report is a detail description of deficiencies and repair costs.Any floor
plans collected in this process will be included in the report.
iii.Life Cycle Costing-for facility in terms of its building systems, including site systems,
and age of each system so that an understanding of the facility's true condition and
remaining life can be determined,and strategic decisions can be made.
iv.FCI Report-essentially the"report card"for the facility.The facility is ranked on a
scale from 0%to 100%for strategic planning purposes.
P 602-265-7900 v.Survey Summary-will prioritize each of the expired building systems so that dollars
may be budgeted in a logical manner—on a scale from one to six.
vi.Future Funding Projections-that model future capital budget costs for each of the
facilities ten years into the future.
vii.Renewal Schedule-charts and graphs which show,on an annual basis, how much
money needs to be spent at each facility,and for which building systems.
c. Send draft reports to owner.
d. Owner to review draft reports and provide comments.
e. Review and adjust report per owner comments.
f. Issue the final report.
g. FMS will attend the upcoming council meeting to communicate this scope of work and clarify
on any questions from the council.
h. FMS will provide administration and coordination of the contract.
IV. COMPENSATION
Base Gross Basic
Assessment Square` Basic SF Total -'
Facility Name or Address Address Fee Footage Rate Cost
City Nall 300 E Superstition Boulevard $1,600.00 48700 0.426 $22,331
Police Station 1001 N Idaho Road 15989 0.997 $15,943
Aquatics Center 1091 W.Southern Ave 1800 1.930 $3,473
Library Mission Critical Area(SES/Solar) 1177 N Idaho Rd 1000 3.927 $3,927
Library 1177 N Idaho Rd 305451 0.473 $14,436
Public Works with Fleet Office(Site is 14.5 acres) 575 E Baseline Ave 12763 0.746 $9,525
Animal Control with Kennel 725 E Baseline Ave 4350 1.145 $4,979
Multi Generational Recreation Center 3015 N Idaho Rd. 37252 0A63 $17,257
Prospector Park;(shop/yard/storage/breakroom-north
team) 3015 N Idaho Rd 1200 1.190 $1,428
Prospector Park Ballfield Restrooms'i. 3015 N Idaho Rd 900 0A73 $425
Prospector Park Phase 3 Restrooms 3015 N Idaho Rd 1200 1.190 $1,428
Little League Park Restrooms 1700 W Broadway 700 1.700 $1,190
IT(Stand alone'building): 1035 N'Idaho Rd 2880 2.040 $5,875
Park Ranger/Conference:Center/Storage 1035N Idaho Rd 3540 1.145 $4,052
Public Works Fuel Island" 575 E.Baseline Ave 1600 1.190 $1,904
Public Works Surplus property(north end),building
maintenance storage(south end) 575 E.Baseline Ave 1700 1,190 $2,023
Public Works:Sign and traffic signals/roadway lighting
("TS/RC')shop/offices 575 E.Baseline Ave 1400 1.190 $1,666
Police Department Secure vehicle parking/fleet,'bike
storage,etc 1001 N Idaho Road 2025 1.190 $2,410
Public Works high level analysis of site-Flat Rate 575 E.Baseline Ave 0 0.000 $5,000
Administration $450
$119,722
FM Solutions
4 (Management LLC
PO Box 30102
Mesa,AZ 85275
fAn SOLUTIONS
Professional fees for the scope of work outlined for each project will be as detailed plus reimbursable
expenses.
frnsolutions n t
V. REIMBURSABLE EXPENSES
Reimbursable expenses are not anticipated but should they be incurred;they are considered an addition to
the fee indicated above;the following costs shall be reimbursable with no mark-up fees. FM Solutions will
receive prior written approval from the City for any reimbursable expenses.Copies of actual receipts will be
submitted to the city with payment requests.
• Long distance telephone and facsimile charges, postage,deliveries, printing,express charges and other
similar items.
P 602-265-7900
VI. TERMS&CONDITIONS
Invoicing shall be monthly based on the percentage of the project completed in the billing schedule below
up to the proposed Fixed Fee and payment shall be due to FM Solutions within a net 30-day period.
Task%of
Total
Bill Date Total Billing Accumulative% Project Project Tasks Facilities Included
Task 1 a.Gather&Review Existing Information City Hall
11/1/2024 $11,972,24 10% 10% (5%) Police Station
Task 1 b.Kick-off Meetings(5%) Aquatics Center
Administration(10%) Library Mission Critical Area
Task 2 a.Perform Physical Survey of each building(SES/Solar)
(50%) Library
12/1/2024 $17,958.35 25% 15% **9buildings complete(TBD based on facility Public Works with Fleet Office
access/schedule) Animal Control with Kennel
Administration(15%) Multi Generational Recreation Center
Prospector Park
Task 2 b.Perform Physical Survey of each (shop/yard/storage/break room-rorth
building(50%) team)
1/1/2025 $17,958.35 40% 15% **10buildings complete(TBD based on facility Prospector Park Ballfield Restrooms
access/schedule) Prospector Park Phase 3 Restrooms
Administration(15%) Little League Park Restrooms
IT(Stand alone building)
2/1/2025 $53,875.06 85% 45% Task 3.Data Entry/Upload Park Ranger/Conference Center/
Administration(45%) Storage
Task 4 a.Execute Data Reports Public Works Fuel Island
Task 4 b.Create Final Report Drafts Public Works Surplus Property(north-
3/1/2025 $15,563.91 98% 13% Task 4c.Send Draft Reports end),Building Maintenance
Task 4 d.Owner Review&Comments Storage(south-end)
Task 4 e.Review&Adjust Reporting Public Works Sign and Traffic
Administration(13%) Signals/Roadway Lighting("TS/RL")
Task4f.Issue Final Report Shop/Offices
3/15/2025 $2,394:10 100% 2% Administration(2%) Police Department Secure vehicle
parking/fleet,bike storage,etc.
Public Works high level analysis of site
Total $119,722.00 ITotal 1 100%
Services other than those mentioned and described herein will be performed only with your authorization
and as an additional service. Please refer to Notes below for details of what is included and excluded within
assessment scope.We look forward to proceeding with your project upon receipt of your approval.We are
excited to assist you with your project,should you have any questions please contact me to discuss.
Heather>Unger,<CSI FM Solutions Management, LLC
Cc:
Curtis Slife, FM Solutions Management LLC,AIA, NCARB,CFM, FMP, IFMA Fellow
Jeffrey Chambers, FM Solutions Management LLC,Senior FCI Assessor
FM Solutions
5 Management LLC
PO Box 30102
Mesa,AZ 85275
fAn SOLUTIONS
Notes
1. 'Per Site Fee'Charged Once for Each Site Included in a Project
frnsolutions,net2. For buildings comprised of multiple building types(as defined above),split fee into separate spaces by
building type for pricing.
3. Project Team Includes:
-Architectural: FM Solutions
-Roofing: FM Solutions
-HVAC: FM Solutions
-Electrical: FM Solutions
Additional consultants required by owner shall be considered additional costs.
4. "Assessment" Includes:
P 602-265 7900 -Assessment Team Site Visit
-Equipment List Verification/Update
-Deficiency List Verification/Update
-Report Update
5. Excludes Structural and Site/Civil scope,Stairwell pressurization,Smoke evacuation,Type of wiring,
Any apparent issues identified during site visits will still be captured and brought to Owner's attention.
6. Each building shall be priced independently within the scope of work(aggregated SF is not used to
determine assessment rate(s)).
FM Solutions
6 (Management LLC
PO Box 30102
Mesa,AZ 85275
ID ITask Name _Duration _Sch_eduled Start Notes August >e�temb�October�ovembebecembej_January_I ebr_uar March April f __M_a�_June �_July�_Aug_ust
1 FCA 19 Sites 120 days' Mon 9/30/24, 120 days FCA 19 Sites
2 Task 1 a.Gather and review existing information&data-2 weeks 15 days Mon 9/30/24 5%November 1
3 FC Pre-assessment Checklist 5 days'' Mon 9/30/24 9/30 FC Pre-assessment Checklist
4 Building Floor Plans,Site Plans 5 days' Mon 10/7/24 10/7 Building Floor Plans,,Site Plans
5 Existing Reports/Studies/Asset logs 5 days', Mon 10/7/24 10/7 Existing Reports/Studies/Asset logs
6 Task 1 b.Kick-off Meetings 5 days', Mon 10/14/24 5%November 1 5 days Wr Task 1 b.Kick-off Meetings',
9 Task 2:Perform physical survey of each building 42 days' Mon 10/21/24
10 a.Conduct visual assessments and Photo Document Assets and 18 days', Mon 10/21/2415%December 1 10/21 a.Conduct visual assessments and Photo Document Assets and Deficiencies fo
Deficiencies for 9 Sites
11 b.Conduct visual assessments and Photo Document Assets and 21 days' Thu 11/14/2415%January 1 11j14 b.Conduct visual assessments and Photo Document Assets and DeficilE
Deficiencies for 10 Sites
12 Task 3:Data entry/upload 31 days' Fri 1 211 3/24 45%February 1
13 Upload information gathered into Facilitize 21 days', Fri 12/13/24 12/13 Lm7upload information gathered into Facilitize
14 Develop Replacement Models 21 days', Fri 12/20/24 12/20 Miligig= Develop Replacement Models
15 Develop comprehensive cost estimates 2 days', Mon 1/6/25 1/ 1 Develop comprehensive cost estimates
16 Calculate the FCI for each facility 2 days'' Mon 1/6/25 1/ Calculate the FCI for each facility
17.... Establish 10-year funding 2days' Mon 1/6/25 1/ Establish 10-year funding
18 Develop Facility Overview 15 days' Mon 12/30/24 12/30 EM Develop Facility Overview
19 Task 4:FCA Report Deliverables 40 days', Fri 1/17/2513%March 1 40 days Task 4: FCA Report Deliverables
20 4 a.Execute Data Reports 12 days' Fri 1/17/25 1/17 EM,4 a.Execute Data Reports
21 4 b.Create Final Report Drafts 12 days' Tue 2/4/25 2/4 IrEW,4 b.Create Final Report Drafts
_22 4 c.Send draft reports 1 day Thu 2/20/25 2/20 4 c.Send draft reports
23 4 d.Owner to review draft reports and provide comments 10 days'' Fri 2/21/25 2/21 AM,4 d.Owner to review draft reports and provide c
24 4 e.Review and adjust reporting with owner comments 5 days', Fri 3/7/25 3/7 4 e.Review and adjust reporting with owner c
25 4 f.Issue Final Report 1 day' Fri 3/14/25 2%Upon Delivery of 3/14 i 4 f.Issue Final Report
Final Report
Task NOMMMMMEM Rolled Up Milestone 0 Inactive Task Manual Summary
Critical Task MONESEENIOM Rolled Up Progress Inactive Milestone Start-only E
City of Apache Junction Milestone ♦ Split Inactive Summary - Finish-only
Facility Condition Assessments
Fri 8/16/24 Summary External Tasks INEEMEMENIM Manual Task CEIREMINIMINEM Progress
Rolled Up Task MENESEEMEM Project Summary Duration-only Deadline
Rolled Up Critical Task MENOMONIE= Group By Summary mmmW Manual Summary Rollup
Page 1
CITY COUNCIL MEETING ROLL CALL Date: - M
,_& r
Work Study Regular Special
CITY COUNCIL: Present Ab/exc a Present ASS/excu Present Ake/excu
MAYOR WILSON
_
VICE MAYOR
SCHROEDER
COUNCILMEMBER CROSS
COUNCILMEMBER HEC
K
COUNCILMEMBER J HNSO
COUNCILMEMBER NESSER Ph
COUNCILMEMBER SOLLER
TOTAL
a
CITY STAFF: Present Ab/excu Present Ab/excu Present Ab/excu
City Manager Bryant Powell f
Assistant City Manager Matt—Busby LX
City Clerk Jennifer Pe
City At_torney Joel_S t_er
__-------- ___
IT
Director Doug Wirthgen
Mrkt Comm Director Kayla Fulmer
Public Safety Director Michael Pooley
Public Safety assistant Johnny.lohn
Dev Services Director Rudy Esquivias
PW Director Teel Wolff
Parks& Rec Director Liz Langebach
_ .__.._:...._. . ._ _:. _....... ----------- v _.
Econ Director Patrick Ainsworth
Library Director Pam Harrison
Finance Director Angelie Hawley
FIR Director Anna McCray
Water[district Director Mike Loggins
Municipal Judge A. Doug LaSota
Deputy City Clerk Evie McKinney
Planning Manager Sidney Urias
Building&Safety Mgr AdriianAlegria
Senior Planner Kelsey Sch --- __ --_-
Planner Erica Hernandez
Planner Nick Leftwich
PW Project Engineer Raquel Schatz n A 0&iykWr
City Engineer Emile Schmid
Management Anaylyst Rob Wistler
d"�, . �.
�-
City Council
VOTE - ROLL CALL
ITEM # MEETING OF
MOTION BY. SECONDED BY:
NOTES: (? tl
YES NO ABSTAINED
CITY COUNCIL:
------- ------------------------------------------ ------------------
COUNCILMEMBER NESSER
COUNCILMEMBER JOHNSON
COUNCILMEMBER CROSS
COUNCILMEMBER HECK
COUNCILMEMBER SOLLER
RICE MAYOR SCHROEDER
MAYOR WILSON
TOTAL
UNANIMOUS IN FAVOR OPPOSED ABSTAINED
TOTAL
Vote sheet 2
S:/5—Templates Farms/Vote Call—City Council
Date: CITY OF APACHE JUNCTION
REQUEST TO SPEAK FORM
Please fill out completely and return to the City Clerk PRIOR to the conclusion of the City Manager's Report portion of the agenda,
e A ,,e,
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? YeSA No Only If Necessary
-1 am in favor of the proposed Item. -1 any opposed to the proposed Item.
"-Let 61,t 0 K 0 kL
First Name Last Name
(PRINT)
Add City Zip Code
/4 0
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 Nearlrt corn erns 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)(9)_
Signature of Pare t/Guardian ate
08/26/2019
� CITY OF APACHE JUNCTION
Mayor's Script
Regular Meeting
Tuesday, September 03, 2024:
A. CALL TO ORDER
I would like to call this City of Apache Junction Council Meeting of September 3, 2024,
to order and ask everyone to put their cell phones on silent.
R. INVOCATION AND PLEDGE OF ALLEGIANCE
The invocation will be led by &the pledge by Councilmember
C. ROLL CALL
Roll Call-
D. CONSENT AGENDA
As a reminder-All items under the Consent Agenda will be approved with one
motion. If a councilmember wishes to remove an item for further"discussion, the
request will be made prior to approving the consent agenda and will be moved to
New Business.
.. Consideration of acceptance of agenda.
. Consideration of approval of minutes of the special meeting of August 19, 2024.
3. Consideration of approval of minutes of the regular meeting of August 20, 2024.
Do I have a motion on the consent agenda? woit for motion and the 2 d
Roll Call
E. AWARDS, PRESENTATIONS AND PROCLAMATIONS
F. REGIONAL INTERGOVERNMENTAL UPDATES
4. Regional Intergovernmental meeting updates from Council.
G. CITY MANAGER'S REPORT
S. City Manager's Report. Bryant to report
6. Presentation and discussion with Arizona Water Company president.
Fred.Schneider to report
7. Announcement of Current Events Eli to report
H. PUBLIC HEARINGS
I. OLD BUSINESS
J. NEW BUSINESS
8. Presentation and discussion on contract for Library restroom remodel.
Pamela Harrison to report
9. Presentation and discussion on contract for the city facility condition assessment.
`rina Harrison to report
K. COUNCIL DIRECTION TO STAFF
L. SELECTION OF MEETING DATES, TIMES, LOCATIONS AND PURPOSES
M. CAM.TO PUBLIC
I would like to remind everyone that the Call to to Pudic is courtesy and not
required by law.
It is a time for the public to express requests, communications, comments and
suggestions.
Request to speak forms must be completed and handed to the city clerk before the
end of the city manager's report:
All issues shall be presented in a professional manner without personal attacks.
Under the open meeting lair the COUNCIL CANNOT ENGAGE IN DISCUSSION
on the issues presentee but may respond to criticism and may direct staff to follow
up with the speaker directly and/or place this matter can a future agenda for council
discussion.
There is a three-minute limit for each speaker.
Does council have any requests of staff to fallow up orb?
N. ADJOURNMENT— i adjourn this meeting;
September 3, 2024
Consent Agenda Items Nos. 1.3
1 MOVE THAT the consent agenda be accepted and approved as presented.