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HomeMy WebLinkAbout2023 10.03 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 Tuesday,October 3,2023 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. 23-434 Consideration of acceptance of agenda. Sponsors: Jennifer Pena 2. 23-435 Consideration of approval of minutes of the regular meeting of September 19, 2023. Sponsors: Jennifer Pena Attachments: CCMIN 2023 09 19 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. 3. 23-500 Proclamation designating the week of October 16 through October 22, 2023 as "Arizona Cities and Towns Week". Sponsors: Matt Busby Attachments: 10 2023 AZ Cities and Towns Week 4. 23-503 Proclamation designating the month of October as "Domestic Violence Awareness Month." Sponsors: Michael Pooley Attachments: 10 2023 Domestic Violence City of Apache Junction,Arizona Page t Printed on 9/28/2023 City Council Meeting Agenda October 3,2023 5. 23-509 Proclamation designating the week of October 23-31, 2023 as"Red Ribbon Week." Sponsors: Michael Pooley Attachments: 10 2023 Red Ribbon Week 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. 6. 23-436 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. 7. 23-437 City Manager's Report. Sponsors. Bryant Powell 8. 23-438 Announcement of Current Events. Sponsors: Al Bravo 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. 9. 23-507 Public hearing and consideration on the Fourth Amendment to Economic Development Agreement Between City of Apache Junction and Mehmood Mohiuddin as owner of the Hitching Post. Sponsors: Bryant Powell Attachments: Staff Memo M,Mohiuddin Fourth Amend Econ QPv Anmt Econ Qey_8 mt CQ�AJM.M�ohiuddin, 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. City of Apache Junction,Arizona Page 2 Printed on 912812023 City Council Meeting Agenda October 3,2023 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. 10. 23-460 Presentation, discussion, and possible consideration of contract with Dick and Fritsche Design Group (DFDG) in an amount of$169,300.00, plus a contingency of$25,700.00 for a total not to exceed $195,000.00 for long-term master planning services for city facilities. This item was approved as part of the FY2024 budget. Sponsors: Matt Busby Attachments: Staff Memo DFDG Master Planning Services A mt DFDG Master flan Services 11. 23- 14 Presentation, discussion, and possible consideration of contract with Sunland Asphalt for parking lot and sidewalk/curbing work in various locations throughout the parks. The work would be through the 1 GPA Cooperative Contract, in an amount not to exceed $350,000.00 per year. The projects will be in fulfillment of general fund projects as well as projects associated with the Land Water Conservation Fund grant. Sponsors: Liz Langenbach Attachments: Staff Memo-Sunland 61phalt City of AJ Contract-Signed by Sunland 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. City of Apache Junction,Arizona Page 3 Printed on 9/28/2023 City Council Meeting Agenda October 3,2023 N. ADJOURNMENT Copies of this agenda and additional information on any of the items listed above may be obtained from the City Clerk's office located at 300 E Superstition Blvd,Apache Junction,AZ 85119, Monday through Thursday from 7:00a-6:00p, excluding holidays. The City of Apache Junction invites and welcomes people of all abilities to use our programs, sites and facilities. Specific requests may be made by contacting the Human Resources Office at(480)474-2617 or TDD(480)983-0095. The Apache Junction City Council may vote to go into Executive Session for legal advice on any item listed on this agenda pursuant to A.R.S. §38-431.03(A)(3);this notice is given pursuant to A.R.S. § 38-431.02 to the members of the City Council and the public. City of Apache Junction,Arizona Page 4 Printed on 9/28/2023 City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No. 1. File ID: 23-434 Sponsor:Jennifer Pena Agenda Date: 10/3/2023 Index: In Control: City Council Meeting Consideration of acceptance of agenda. City of Apache Junction,Arizona Page 1 Printed on 9/28/2023 City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No.2. File ID: 23-435 Sponsor:Jennifer Pena Agenda Date: 10/3/2023 Index: In Control: City Council Meeting Consideration of approval of minutes of the regular meeting of September 19, 2023. City of Apache Junction,Arizona Page 1 Printed on 9/28/2023 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 Tuesday,September 19,2023 7:00 PM City Council Chambers A. CALL TO ORDER Mayor Wilson called the meeting to order at 7:03 p.m. B. INVOCATION AND PLEDGE OF ALLEGIANCE Councilmember Heck gave the invocation and Vice Mayor Schroeder led the meeting attendees in the Pledge of Allegiance. C. ROLL CALL Present: 6- Mayor Wilson Vice Mayor Schroeder Councilmember Nesser Councilmember Heck Councilmember Cross Councilmember Soller Excused: 1 - Councilmember Johnson Staff in Attendance: Bryant Powell, City Manager Matt Busby, Assistant City Manager Jennifer Pena, City Clerk Joel Stern, City Attorney Al Bravo, Public Information Officer Michael Pooley, Police Chief Ted Wolff, Public Works Director Liz Langenbach, Parks& Recreation Director Evie McKinney, Deputy City Clerk D. CONSENT AGENDA Councilmember Cross requested Consent Agenda Item#5 be pulled and discussed under New Business. Mayor Wilson declared Item#5 to be pulled from the Consent Agenda and placed under New Business later in this meeting. Councilmember Cross moved,seconded by Vice Mayor Schroeder to then approve the Consent Agenda,with Item#5 being pulled and placed under New Business. Yes: 6- Mayor Wilson, Vice Mayor Schroeder, Councilmember Nesser, Councilmember Heck, Councilmember Cross and Councilmember Soller No: 0 City of Apache Junction,Arizona Pagel City Council Meeting Meeting Minutes September 19,2023 Excused: 1 - Councilmember Johnson 1. 23-495 Consideration of acceptance of agenda. 2. 23-496 Consideration of approval of minutes of the regular meeting of September 5, 2023. 3. 23-455 Consideration of approval of procurement and subscription services for 101 APXN 70 portable radios in the amount of$837,308.60 and 24 APX 6500 mobile radios in the amount of$174,551.52 from Motorola utilizing the State Cooperative Contract#CTR046830 for a total amount not to exceed $1,011,860.12. This item was presented and discussed at the September 5th Council meeting. 4. 23-463 Consideration of approval on agreement with Fire Security Electronics & Communications, Inc. (FSEC)for Video Surveillance System Upgrade in the amount of$249,904.94. 5. 23-482 Consideration of approval of entering into a contract with M. R. Tanner Construction for the retrofit of 38 sidewalk ramps along Broadway Avenue. The work would be through the City of Buckeye cooperative Contract#2020003.05 in the amount of$128,792.64 plus a 10% contingency for unforeseen change orders in the amount of$12,879.26 for a total project cost not to exceed $141,671.90. Work is planned during October 2023 through January 2024 time frame. 6. 23-493 Consideration of approval of proposed Resolution No. 23-22, a final plat approval for case P-22-6-SD, a request by Superstition Springs Holdings, LLC, represented by Shantha Kumar, for a commercial condominium subdivision of eleven (11) suites under the name "Gold Drive Development," located near the southeast corner of Gold Drive and Apache Trail. E. AWARDS, PRESENTATIONS AND PROCLAMATIONS 7. 23-406 Presentation of 25-year Service Award to Matthew King, of the Apache Junction Parks and Recreation Department. Parks and Recreation Director Liz Langenbach recognized Matthew King's 25 years of service with words of appreciation and shared a slide show with photos of Matt's many accomplishments, one of great importance is the improvements and beautification to the newly city owned rodeo grounds. City Manager Bryant Powell also addressed Mr. King with a certificate and service award, and commended him on his leadership, values and concern for his prompt attention to detail. 8. 23-501 Proclamation designating the month of September as Ovarian Cancer Awareness Month. City of Apache Junction,Arizona Page 2 City Council Meeting Meeting Minutes September 19,2023 Mayor Wilson read the proclamation and recognized survivors and families that have gone through this hardship. F. REGIONAL INTERGOVERNMENTAL UPDATES 9. 23-47 Brief summary of intergovernmental updates from mayor and councilmembers. Councilmember Heck attended a 9/11 Memorial at Avalon Elementary School. The event was hosted by the students and faculty and was professionally done. Special recognition was given to the Apache Junction Police Department, Superstition Fire and Medical Department, Pinal County Sheriff's Office and the VFW. Mayor Wilson participated in a meeting and a tour of the new developments at the Phoenix Mesa Gateway Airport, which included expansion of 10 terminal gates, Chandler Gilbert Community College training center for aircraft mechanics, as well as several other companies with plans of locating in the airport area,which will offer many opportunities for future employment. G. CITY MANAGER'S REPORT 10. 23-48 City Manager's Report, City Manager Bryant Powell announced the upcoming annual Domestic Violence Awareness 5K Trail Walk& Family Day to be held at Prospector Park, September 30, 2023, from 7:00 a.m. to 11:00 a.m. This event is being hosted in tandem by A New Leaf,Apache Junction Police Department and Pinal County Attorney's office. The event is free, but registration will provide support to survivors as well as promote awareness about domestic violence. Mr. Powell announced on October 16, 2023, at 6:30 p.m. in the City Council Chambers, the City Clerk's office will be conducting a Candidate Orientation for anyone interested in running for an elected position of Mayor or City Council member. 11. 23-499 Announcement of Current Events. Public Information Officer Al Bravo shared a brief summary of the ADOT, (Arizona Department of Transportation)sponsored open house held on September 14, 2023, where discussion and suggestions were received from the public regarding the future design for the North-South Corridor, Phase 1, a roadway that will eventually connect Mountainview Road to Arizona Farms Road, near Florence. He also noted Westbound US 60 will be closed from Mountain View Road to west of Gold Canyon for overhead sign maintenance from 9:00 p.m. Thursday, September 21, 2023, to 5:00 a.m. Friday, September 22, 2023, Registration is open for Citizens Leadership Institute, (CLI), until January 9, 2024. The Institute will begin on January 10, 2024. This is a great opportunity to learn about Apache Junction and municipal government in general. Registration can be completed on the City's website at www.apachejunctionaz.gov/cli or you can call Mr. Bravo at(480)-474-5080. City of Apache Junction,Arizona Page 3 City Council Meeting Meeting Minutes September 19,2023 And lastly, he reminded everyone to check the City's website every Thursday afternoon for further updates and events at www.apachejunctionaz.gov. H. PUBLIC HEARINGS 12. 23-49 Consideration of application for a new Series 12 Restaurant Liquor License for Papa Bear's BBQ, located at 1200 W. Apache Trail, Apache Junction, AZ. The next step in the process is for the council to hold a public hearing on the application and make a recommendation of approval or denial to the Arizona Department of Liquor License and Control. Councilmember Soller moved,seconded by Vice Mayor Schroeder that the application for a Series 12 Restaurant Liquor License submitted by Michael M. Murray with Papa Bears BBQ be recommended for approval to the Arizona Department of Liquor Licenses and Control. Yes: 6- Mayor Wilson, Vice Mayor Schroeder, Councilmember Nesser, Councilmember Heck, Councilmember Cross and Councilmember Soller No: 0 Excused: 1 - Councilmember Johnson City Clerk Jennifer Pena stated the city received an application for a new Series 12 Restaurant Liquor License from Papa Bears BBQ, located at 1200 W. Apache Trail. The property was posted on August 22, 2023, providing notice of the public hearing. No comments have been received in support or opposition of this application. The initial review and inspection process have been completed by the Apache Junction Police Department, Planning and Building Divisions and Superstition Fire and Medical Department. All four entities recommended approval for the application. The applicant was in attendance but had no further details to share. Mayor Wilson opened the public hearing, receiving no comments from the public, he closed the public hearing. I. OLD BUSINESS City of Apache Junction,Arizona Page 4 City Council Meeting Meeting Minutes September 19,2023 J. NEW BUSINESS Consent Agenda Item#5. 23-482 Pulled from Consent and placed under New Business during the meeting of September 19,2023: Consideration of approval of entering into a contract with M. R.Tanner Construction for the retrofit of 38 sidewalk ramps along Broadway Avenue. The work would be through the City of Buckeye cooperative Contract#2020003.05 in the amount of$128,792.64 plus a 10%contingency for unforeseen change orders in the amount of$12,879.26 for a total project cost not to exceed $141,671.90. Work is planned during October 2023 through January 2024 time frame. Councilmember Cross moved,seconded by Councilmember Nesser that entering into a contract with M.R.Tanner Construction for the retrofit of 38 sidewalk ramps along Broadway Avenue, through the City of Buckeye cooperative Contract#2020003.05 in the amount of$128,792.64 plus a 10%contingency for unforeseen change orders in the amount of$12,879.26 for a total project cost not to exceed$141,671.90 be approved. Yes: 6-Mayor Wilson,Vice Mayor Schroeder,Councilmember Nesser,Councilmember Heck,Councilmember Cross and Councilmember Soller No: 0 Excused: Councilmember Johnson Mayor Wilson brought forth Consent Agenda Item#5, which had been requested by Councilmember Cross to be pulled from the Consent and placed under New Business for further discussion. Councilmember Cross stated concerns with a recent contractor doing curb and sidewalk improvements throughout the City, and wanted to be assured if M. R. Tanner Construction was awarded this project they would fulfill their obligations. Public Works Director Ted Wolff addressed the concern with assurance M.R. Tanner Construction has previously performed complete and professional projects for the City and they are well known throughout the valley with a great reputation. They focus primarily on concrete work, and Mr. Wolff does not foresee any issue awarding the contract to M. R. Tanner Construction. K. COUNCIL DIRECTION TO STAFF L. SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES M. CALL TO PUBLIC Gail Evans, 913 S. Del Rio Court, Apache Junction reminded everyone that Make A Difference Day will be held on October 7, 2023. Encouragement was given to all meeting attendees and citizens of Apache Junction to participate in this annual cleanup event. There are always jobs for anyone and any age, and it is a great opportunity to meet your neighbors as well as a great community event for clean-up efforts. More information can be obtained by going to the website at www.apachejunctioncdc.com or calling (480)431-0831. City of Apache Junction,Arizona Page 5 City Council Meeting Meeting Minutes September 19,2023 Donna Carr, 2178 W. Virginia Street, Apache Junction addressed the council regarding reclaimed water and the impurities that can not be removed. She also commented on contaminants being absorbed into the ground near a local metal factory and the landfill. She inquired when the last time the PFAS have been measured in our water distribution? Andre Meek,1327 S. Belair Road, Apache Junction commented on the reduction of homeless recently reported by the City of Tempe, and encouraged the Council to continue working towards a remedy for Apache Junction. Council commented on the preciseness of the reduction of homeless report and requested staff to provide an updated report on contaminants in our water supply and the landfill. N. ADJOURNMENT Mayor Wilson adjourned the meeting at 7:48 p.m. ACCEPTED THIS DAY OF 2023, BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA. SIGNED AND ATTESTED TO THIS DAY OF 2023. WALTER"CHIP"WILSON Mayor ATTEST: JENNIFER PENA City Clerk CITY COUNCIL MINUTES CERTIFICATION I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the regular meeting of the City Council of the City of Apache Junction, Arizona, held on the day of , 2023. 1 further certify that the meeting was duly called and held and that a quorum was present. Dated this day of 2023. JENNIFER PENA City Clerk City of Apache Junction,Arizona Page 6 City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No. 3. File ID: 23-500 Sponsor: Matt Busby Agenda Date: 10/3/2023 Index: In Control: City Council Meeting Proclamation designating the week of October 16 through October 22, 2023 as "Arizona Cities and Towns Week". City of Apache Junction,Arizona Page 1 Printed on 9/28/2023 r Proclamatton "ARIZONA CITIES AND TOWNS WEEK" OCTOBER 15-21, 2023 WHEREAS; the citizens of Apache Junction rely on the City to experience a high quality of life incur community; and WHEREAS; cities and towns in Arizona work 24 hours a day, seven days a week to deliver vital City services such as fire, police and emergency medical response to ensure safe communities; and WHEREAS; cities and towns in Arizona also provide services and programs that enhance the quality of life for residents such as parks and recreational programs, libraries, health and wellness programs, street maintenance; and WHEREAS; it is important for Apache Junction to continue to provide the excellent delivery of services and programs that our citizens have come to expect in our community; and WHEREAS; through participation and cooperation with our community leaders, staff can work together to ensure that services provided by the City can remain exceptional elements to the quality of life. NOW,THEREFORE, 1, Walter"Chip" Wilson, Mayor of the City of Apache Junction, Arizona, do hereby proclaim the week of October 15-21, 2023, as 14ARIZONA CITIES & TOWNS WEEK" Signed and attested to this day of J-6ix 2021 %A alter"Chil Mayor ATTEST: nn nifer a City Clem City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No.4. File ID: 23-508 Sponsor: Michael Pooley Agenda Date: 10/3/2023 Index: In Control: City Council Meeting Proclamation designating the month of October as"Domestic Violence Awareness Month." City of Apache Junction,Arizona Page 1 Printed on 9/28/2023 F Proclamatton "DOMESTIC VIOLENCE AWARENESS MONTH" OCTOBER 2023 WHEREAS, domestic violence is defined as abusive, behavior in a personal relationship that gives one member control and power over another through physical, emotional, sexual, economic, or psychological actions or threats; and WHEREAS, during their lifetime, an estimated one in three women and one in four men have been a victim of some fon-n of domestic violence-, and WHEREAS, domestic violence in any community may exist as a hidden, silent, and often unrecognized reality that is often not reported to authorities; and WHEREAS, there is a need to challenge the assumptions made about domestic violence, become proactive in preventing domestic violence's hold offenders accountable, and WHEREAS,, the City of Apache Junction,the Apache Junction Police Department, A New Leaf and other agencies, organizations and state,coalitions across Arizona and the nation are committed to preventing domestic violence by promoting prevention awareness campaigns, educating the community and advocating for victim' rights. NOW, THEREFORE, 1, Chip Wilson, the Mayor of the City of Apache Junction, Arizona, do hereby proclaim the month of October 2023 as "DOMESTIC VIOLENCE AWARENESS MONTH" Signed and attested to this— -2, day of (?of66x,% 2023. Walter"Chip"Wilson Mayor ATTEST- 4iAfe1r!=P:Ae1'_a City Clerk City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No. 5. File ID: 23-509 Sponsor: Michael Pooley Agenda Date: 10/3/2023 Index: In Control: City Council Meeting Proclamation designating the week of October 23-31, 2023 as'Red Ribbon Week." City of Apache Junction,Arizona Page 1 Printed on 9/28/2023 F Proclamatton "RED RIBBON WEEK" OCTOBER 23, 2023 - OCTOBER 31, 2023 WHEREAS, the Red Ribbon Week theme "Be Kind to Your Mind, Live Drug Free", promotes family and individual responsibilities for living healthy; and WHEREAS, substance abuse is particularly damaging to one of our most valuable resources, our children, and is a contributing factor in the three leading causes of death for teenagers—accidents, homicides, and suicides; and WHEREAS, schools and communities pledge to set guidelines to help children and youth grow up safe, healthy and drug free; and WHEREAS, October 23®31,2023 has been designated National Red Ribbon week, calling on all Americans to show their support for a drug-free state by wearing a red ribbon and participating in drug-free activities during that week. NOW, THEREFORE, 1, Chip Wilson, the Mayor of the City of Apache Junction, Arizona, do hereby proclaim the week of October 23-31, 2023, as "'RED RIBBON WEEK" Signed and attested to this------ day of_2(hL& 2023. WALTER"CHIP" WILSON Mayor ATTEST: J41 Fd:E_R X A City Clerk City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No.6. File ID: 23-436 Sponsor: Chip Wilson Agenda Date: 10/3/2023 Index: In Control: City Council Meeting Brief summary of intergovernmental updates from mayor and councilmembers. City of Apache Junction,Arizona Page 1 Printed on 9/28/2023 City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No.7. File ID: 23-437 Sponsor: Bryant Powell Agenda Date: 10/3/2023 Index: In Control: City Council Meeting City Manager's Report. City of Apache Junction,Arizona Page 1 Printed on 9/28/2023 City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No.8. File ID: 23-438 Sponsor:Al Bravo Agenda Date: 10/3/2023 Index: In Control: City Council Meeting Announcement of Current Events. City of Apache Junction,Arizona Page 1 Printed on 9/28/2023 City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No.9. File ID: 23-507 Sponsor: Bryant Powell Agenda Date: 10/3/2023 Index: In Control: City Council Meeting Public hearing and consideration on the Fourth Amendment to Economic Development Agreement Between City of Apache Junction and Mehmood Mohiuddin as owner of the Hitching Post. City of Apache Junction,Arizona Page 1 Printed on 9/28/2023 City of Apache Junction ,.� City Council Meeting October 3, 2023 y MEMORANDUM TO: The Honorable Mayor and City Councilmembers MEMORANDUM FROM: Bryant Powell, City Manager SUBJECT: Public Hearing for the Fourth Amendment to the Economic Development Agreement between the City of Apache Junction and Mehmood Mohiuddin. BACKGROUND On February 18, 2009, the City of Apache Junction entered into an economic development agreement with Mehmood Mohiuddin as owner of the Hitching Post restaurant. In May 2009, October 2013, and June 2014, the agreement was updated with its First, Second, and Third Amendments respectively. A public hearing is being held to allow comments on the proposed fourth amendment. RECOMMENDATION Staff respectfully recommends the city council, upon conclusion of the related public hearing, approve the fourth amendment to this economic development agreement. When Recorded Return to: City of Apache Junction Development Services Department Blvd.300 E. Superstition Apache Junction, AZ 85119 AGREEMENTFOURTH AMENDMENT TO ECONOMIC DEVELOPMENT BETWEEN CITY OF APACHE JUNCTION AND MEHMOOD MOHIUDDIN FOURTH AMENDMENT TO ECONOMIC DEVELOPMENT AGREEMENT BETWEEN `CITY OF APACHE JUNCTION AND MEHMOOD MOHIUDDIN THIS FOURTH AMENDMENT to the Development Agreement Is entered Into this of " t "Execution Date") betweenri municipal corporation("City"), and MEHMOOD MOHIUDDIN, Trusteei ire Living Trust Novemberdated 16, 207, as owner of the Hitchingt ("'Developer"), sometimes bothii t rr' to as t "Parties" or individually as a"Party". February , the Parties enteredinto an Economic AgreementDevelopment " r t") which allowedDeveloper r t a now r and restaurant "Hitching t t Trail,Apache Junction,Arizona,in additionto the continued operationof the Dash In convenience market , 2. On May , 2009, the Partiest t "First AmendmenV)to the Agreement which Includedadditional stipulations associated with the operation t bar and restaurant. October 7, 2013, the Parties executed another amendment (the "'Second Amendment") to the Agreement at Developer's request which allowed r a bullriding the Property, additional landscaping t iation temporary 4. On June 17, 2014,the Parties executedr amendment "'Third AmendmenV) the Agreementi included ified Site Planfor the bull riding r, i i relating to the associatedlighting, exits, stockentrances and provider i r 6. Prior ,Developer' land was zoned General Business("CS- 2") Apache Junction City ."" Vol.. It, Chapterr i " Article m §1-3-2, i S. Developer Initially operatedi i t least four areasof his land identified under separate Pinal County Assessor parcel "). In ` , after Developer gained ownershipt parcels, he officiallyfiled lot combinationsi resulted In reconfigured parcels t , t "'Property"). 7. Currently t r " allowable ii include i riding in the northwest portion of APN , two restaurants r on the center- westernrparking in the east and southwest 2 Boardportion of APN 100-26-043C. In 2019,the Apache Junction allowedand Appeals r r parking, even parcelthough this r Mehmood Moniuddin Living ThereS. Is previously dedicatedWindsong Strestefty-mened right-of-way,which Is enclosed by oeveiopoes six-foot high chain link Property which Developer uses for semi-truck storage as depleted In Exhibit A. mutualNOW,THEREFORE,In consideration of promises contained consideration,and other good and valuable iadequacyofethloh In herebyi Year-roundA. So#Riding and Junior ts Rodso=E%vonts The activities listed above she#be conducted within the following parameters: rodeo1) all stock collection at the end of bull riding sessions and junior associatedevents and use of 2) the eight community events she# be in compliance with the i " undercommunity events process . . Vol.i.Articles 8-1.8-2 and 8-8 3) all activities are tVol.ii, ArticleA_ula—Wnt so that ambient light Is residents.mmintized and does not create a nuisance to local Developoes armouncerandv r i meetthe ordinanceCity's noise m It alcoholic beverage sales and consumplJon she# be compliant with Arbona Revised Statute*Title 4. desire9. The Parties acknowledge DeveloWs continuing 100-25-043E for his truck sod boat store" business and ovedlow r r, ' r m. } 31, shag submit a rood abandonment application to Citys Public works 3 department pursuant to ., Val. 1, Article 13-2. City staff she# promptly review and process forward lia recommendation to city council, which shall hold an abandonment hearing no later than Hoht-of-way,Developer shall relocate the Property boundary fenoo In a location on Dovelopees Propertyr a ,so that the Windsong Street right-of-way Is not being used r truck and boat storage and overflow activity parking. Agreement,C All other terms and provisions set forth In the the First, remain Second and Third Amendments,not Inconsistent with th Is Fourth Amendment,shall previousthe following create this Fourth Amendment and are thorolbror In affect: 1) SeveM relating laterprevious$Re Plans set forth In the First and Second Amondmont. The Partin acknowledge the Site Plan attached to the Third Amendment shall continue to be theoperative Site Plan unless and until modified by 0oveloperand form noted In subsection 0 below. #*A. The Parties by the city council during a public hearing ata regular city council meeting in theorth In this Ailreementoron occurare utipen*ftd activities and can only If Developer seeks and obtams a rezoning, conditional use pernOt r planned development rezoning, or further amendment to the Development Agraersent,as the case may be,of the Property through the City's public hearing processes. A now Site Plan will be required r Additions and ahall be prepared consideredstamped by an Arizona licensed civil engineer and such documentshall be attached to an amendment to the development agreement to be generalthe city counclista public hearing at a regularcity councilmosting. City planning staff she#send notice of the time and place of all public hearings,Including a U.S.at least fifteen(16)calendar days before the hearing,by first class mail, each to hundred feet of Property. E. _M4Lq2jg#jM, The Parties she#at ad times abide by the provisions of this Agreement and any and all city zoning, building, health and asaltation, property maintenance, nuisance and business and transaction privilege tax #can**codes and pertinent state statutes. jn#e_qt __4ft. The Parties acknowledge they have reviewed this Agreementwithitheirlegalcounsefor have waived such opportunity but nevertheless fully understand the obligations Imposed on them as a result of entering into this r will pay its own attorney iIn accordance withn City Code, Vol. i, t i administeredamendments she#be ` i i t or whichevert the cityrit WITNESSIN Amendment to the Development Agreareentio be duly executed as of the day and year first written above. MEHMOOD i , Trustee Trust Dated owner of Hitch Post Restaurant Its: r JUNCTION,CITY OF APACHE municipalr BY: 9MOW119&� —wu�. ATTEST: Jennftr Pena City Clerk APPROVED AS TO FORM: 41ilz�-Z — A7.-io-etstern EXHIBIT A ell �\ +\ .x< \ \\ § \\ STATE Of ARIZONA ) County of Ing 'a subscribed and sworn to re this A;-Z day of ,by Mehmood Mohluddin, Res&u2ran ru ownerof Wooing Post PU My Commission Expires, pNko*wwq POW. C4vWWWon Na _µ 424190 STATE OF ARIZONA County of Pme# The flaragoing was subscribed and sworn to before me this day f Wilson,2023,by Chip as Mayor of the City of Apache Junction, Arizona, City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No. 10. File ID: 23-460 Sponsor: Matt Busby Agenda Date: 10/3/2023 Index: In Control: City Council Meeting Presentation, discussion, and possible consideration of contract with Dick and Fritsche Design Group (DFDG) in an amount of$169,300.00, plus a contingency of$25,700.00 for a total not to exceed $195,000.00 for long-term master planning services for city facilities. This item was approved as part of the FY2024 budget. City of Apache Junction,Arizona Page 1 Printed on 9/28/2023 City of Apache Junction ,.� City Council Meeting October 3, 2023 y MEMORANDUM TO: The Honorable Mayor and City Councilmembers THROUGH: Bryant Powell, City Manager FROM: Matt Busby, Assistant City Manager SUBJECT: Contract for Master Planning Services REQUEST Staff respectfully requests the mayor and city council consider a proposal for master planning services from Dick and Fritsche Design Group (DFDG) Architecture for the purpose of creating a master plan for multiple municipal buildings and sites. BACKGROUND Following the April 2023 completion of a city facility space needs assessment, staff is proposing to move into the master planning phase. RECOMMENDATION Staff recommends a professional services agreement be awarded to DFDG Architecture in the amount of$169,300.00, plus a contingency of$25,700.00, for a total not to exceed $195,000.00 for long-term master planning services for city facilities. This item was approved as part of the FY2024 Budget. PROFESSIONAL SERVICES AGREEMENT WITH F ARCHITECTURE THIS ' is made as of the ay of September 2023 (the; "Effective ate") by and between the CITY OF APACHE JUNCTION, an Arizona municipal corporation ("City"), and DFDGIT an Arizona; corporation, ("Consultant"), both of which may be hereinafter referred to collectively as the "Parties", for the project entitled "MasterPlan". RECITALS City esires to retain an architecture and planning professional to perform a city-wide master plan and site surveys, and to make payment for the same in accordance with the terms and conditions set forth in this Agreement, including all attachments and addenda which are appended hereto by mutual agreement of the Parties. B. The open market procedures have been satisfied o the extent they apply C. City will utilize the Arizona Department of Administration ("") Annual`Professional Services twist for architectural services. D. The Parties have set forth below contemplated services Consultant will` provide ity, including payment terms for such services and products. AGREEMENT 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: CONSULTANT'S DUTIES: Consultant agrees to performthe professional services detailed in Exhibit A. Please also note the exclusions described 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 Sixty-Nine Thousand Three Hundred Dollars:and No Cents 6 , 0C.00 plus a contingency of Twenty-Five Thousand Seven Hundred Dollars` and No Cents , 00. for a total of One Hundred` Ninety-Five Thousand Dollars and No Cents , in accordance with 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 data of receipt. 4. TERM/RENEWAL: The term of this Agreement starts on September 27, 2023 and ends on September 30, 2024. 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 an sent by first class certified mail, postage prepaid, return receipt requested, addressed to the following: If to City: City of Apache Junction c/o Matt Busby 300 East Superstition Boulevard Apache Junction, AZ 85119 If to Consultant: DFOG Architecture c/o: Darrin Orndorff 4545 E McKinley Street Phoenix, AZ 85008 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 to 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. 2 Any failure to comply with the claim reporting provisions of the insurance policies or any breach of an insurance policy warranty shall not affect coverage afforded under the insurance policies to protect City. The insurance policies, except Workers' Compensation, shall contain a waiver of transfer rights of recovery (subrogation) against City, its agents, officers, officials and employees for any claims arising out of Contractor's acts, errors, mistakes, omissions, or 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. RKQWRMCU RA Commercial GenerAl Liabilit y 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 ProductslCompleted 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 For 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 it party action over claims. 3 The Commercial General Liability additional insured endorsement shall be at least as broad as the Insurance Service Office, Inc.'s Additional Insured, Form B, CG 20101185, or the equivalent thereof, and shall include coverage for Consultant's operations and products and completed operations. If 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 For 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' Comnpn.,ation Consultant shall carry Workers' Compensation insurance to cover obligations imposed by federal and state statutes having jurisdiction of Consultant's employees engaged in the performance of the work or services; and, Employer's Liability insurance of not less than $100,000 for each accident, $100,000 disease for each employee, and $500,000 disease policy limit. By execution of this Agreement, Consultant certifies as follows: "I am aware and understand the provisions of A. -900 et seq which requires every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of this chapter, and I will comply with such provisions before commencing the performance of the work of this Agreement." 4 If Consultant has no employees for whom workers' compensation insurance is required, Consultant shall submit a declaration or affidavit to City so stating and covenanting to obtain such insurance if and when Consultant employs any employees subject to coverage. In case any work is subcontracted, Consultant will require subcontractors to provide Workers' Compensation and Employer's Liability insurance to at least the same extent as required of Consultant. Professional Liability Consultant retained by City to provide the work or service required by this Agreement will maintain Professional Liability insurance covering acts, errors, mistakes and omissions arising out of the work or services performed by Consultant, or any person employed by Consultant, with a limit of not less than $1,000,000 each claim. Certificates of 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 for 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, it of Apache Junction, 300 East Superstition Boulevard, Apache Junction, AZ 86119. 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: 5 •:: � ens a i t t � '"' * + # # # # # # 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 30 days (1) months' 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 boardmembers 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 attorney and expert witness fees, arising from or connected with, or alleged to have arisen from or connected with, 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 subconsultant in the performance of this Agreement, but only to the extent caused by the negligence, recklessness or intentional wrongful conduct of Consultant or its sub consul tants, in the performance of this Agreement or any subcontract. Consultant 's duty to defend, hold harmless and indemnify City, its boardmem'bens and appointed officers, officials, agents, and employees shall arise in connection with any tortious, 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 subconsultant or any other person for whose acts, errors, mistakes, omissions, Work or services Consultant may be legally liable. The amount and type of insurance coverage requirements set for herein will in no way be construed as limiting the scope of the indemnity in this paragraph. 11 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 7 valid. Consultant understands that the activity described herein constitutes "doing business in the City ofApache 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 lags. Further, Consultant agrees to pay all applicable privilege and use taxes that are applicable to the activities, products and services provided under this Agreement. 15. Records of nsulta ►t's labor, payroll, and other costs pertaining to this greement 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 l years after termination f this Agreement, and shall make such records available during that retention period for examination or audit by City personnel during regular business hours. 1 . RIGHT OF CITY TO CONTRACT WITH THERS: Nothing in this Agreement shall imply City is obligated to obtain the services described herein with only this particular Consultant. 17, INDEPENDENT CT sty and Consultant agree an understand that the relationship between both Parties is that of an independent contractor. 18, WAIVER OF TERMS AND CONDITIONS:, The failure of City o 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. . COMPLIANCE WITHFEDERAL AND STATEConsultant understands and acknowledges the applicability of the merican with Disabilities Act, the Immigration efor and Control Act of 1986 and the Drug Free Workplace Act of 1989 to the services performed under this Agreement. s required by 41-44 1, Consultant hereby warrants its compliance with all federal immigration laws and regulations that relate to its employees and 14 a Consultant further warrants that after hiring an employee, Consultant will verify the employment eligibility of the employee through the - 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 andA.R.S. - 14 and subcontractors shall further warrant that after hiring an employee, such subcontractor verifies the employment eligibility of the employee through e -Verifyprogram. A breach of this warranty shall be deemed a material' • #. '� # # a # # "' r 's ': � # "` > # 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 Consul tant of the responsibility for subsequent correction of any such errors and the clarification of any ambiguities. Consultant shall make all necessary revisions or corrections resulting from errors and omissions on the part of Consultant without additional compensation. 24 TIME IS OF THE ESSENCE: Time is of the essence with respect to all provisions in this Agreement. Any delay in performance by either Party shall constitute a material breach of this Agreement. 25. PROHIBITION TO CONTRACT WITH CONSULTANTS WHO ENGAGE IN BOYCOTT OF THE STATE OF ISRAEL: The Parties acknowledge A.R.S. §§ 35- 393 through 35-393.03, as amended, which forbids public entities from contracting with Consultants who engage in boycotts of the State of Israel. Should Consultant under this Agreement engage in any such boycott against the State of Israel, this Agreement shall be deemed automatically terminated by operation of law. Any such boycott is a material breach of contract. 26. 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. 27. 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, consultants or subconsultants 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) calendar days after notifying the City of such noncompliance, this Agreement shall terminate, except that if the Agreement termination date occurs before the end of such one hundred eighty (180) calendar day remedy period, this Agreement shall terminate on such contract termination date. 10 IN WITNESSWHEREOF, Consultant and Cityhave executed this Agreement as of the date first set forth above L� �_ -DFDG Architecture, n Arizona corporation w, grin Orndorff, Its: President Qff_Y: CITY OF APACHE JUNCTION, IZ , an Arizona municipal corporation -wAjtr" i "Willo Its r Jennifer n City Clerk APPROVED AS TO FORM: (20 Joel Stem City Attorney STATE F Arizona COUNTY OF �4 n The foregoing subscribed and sworn to before me thist day of September , 2021, by Darrin Orndorff as f' DFDG Architecture,an Arizona corporation., Notary Public y Commission Expires: 06/30/2024 SHANNON KOPP t 114000000 . 00"74 STATE F ARIZONA )as. COUNTY OF PINAL The foregoing was subscribed and swomto before is y Walter"Chip" Wilson, as Mayor of the City ApacheJunction, riz n an Arizona municipal corporation. Notary Public My Commission Expires: EXHIBIT f 11 '0 DFDG September 18,2023 City of Apache Junction SBo E Superstition Blvd Apache Junction,AZ 85119 Matt Busby rrabusby2apdcheircts'onaz csv Re: Apache Junction Master Plan Fee Proposal ClearMatt:: DFDG Architecture is excited for the opportunity to submit this proposal for design services on the ity's master plan. The following proposal outlines our understanding of the scope and requirements for this project. A. PROJECT SCOPE 1 General Scrape Information. The project will be.a master plan for multiple buildings and sites managed and operated by the City of Apache Junction: a. Create CIP framework and budget. This scope includes identifying capital needs and categorizing these facility needs into individual projects. See attached proposal from FM Solutions for more detailed information about this scope.This scrape also includes preparation of budgets for the projects identified in the {SIP. See attached proposal from RLB. b. Site planning. This scope includes creating colored site plans of three specific sites to depict' the proposed future growth of each location. The first site is the 40 acre city halt site at Idaho Rd. and Superstition Blvd. The second site is the 20 acre animal control and public works yard on the south side of Baseline lid. The third site is the parks storage site located at the south side of Prospector Park; c: Police Department Planning. Provide preliminary block plans for the proposed new public safety building tentatively located on the north side of city hall campus. Block plans will identify quantities of offices, workstations and key spaces, but are not intended to be complete floor plans that exactly locate each of these items in a final layout, d Planning for other buildings on campus are not included in the scope but may be provided as an additional service if requested.; Owner/Client Information City of Apache Junction is the owner and Client for this project and will be represented by Susan Billings of Elevated Design Studio. The Client is responsible for the following- a, Provide access to buildings, sites and key staff when requested by design team. j Schedule. This proposal is phase 2 which is to create a roaster plan for this city to implement the information presented in the completed space needs assessment. This phase will take approximately 4 months to complete. Additional phases beyond the master planning would include additions, renovations and new construction to expand the ity's infrastructure as needed to implement the roaster plan, 602. 54.905E 4545 C. McKinley St, Phoenix, AZ 85008dfdg.com EXHIBIT A B. BASIC SERVICES 1 Consultant Team, a. DFDG will be the prime consultant, and provide architectural and planning services: Subconsultants will include the following disciplines (see attached proposals for additional information): b FM Solutions IFMSI will provide CIP consulting g services. C. RLB will provide east estimates for the CIP framework: d. ALTA will provide surveys noted in supplemental services: Master plan Services a. DFDG and FMS will concurrently work on the CIP framework, site planning and PD block planning tasks. Once these are complete, RLB will use the documents to prepare a budget for the identified scope. b Site work during this phase includes analysis of the needs for police and public works departments to have adequate exterior storage and yarn space to satisfy their current and projected site needs: C. DFDG will attend bi-weekly meetings during this phase. Based on the project schedule in section A, 8 meetings are included in this phase. These meetings may be virtual or in-person based on content and availability of participants: d.: Final deliverable for this phase includes written roaster plan that includes a CIP and budget, site Marrs and PD floor plan. The master plan will include the previously completed space needs study as a referenced document, Supplemental ental Services.. The following Supplemental Services are noted as separate line items in the fee proposal of Section D below and will be included in the full scope of services provided by DFD , if the city elects to exclude any of these surveys, an additional fee would apply in order to create a working background for the site planning scope of work. a - ALTA Surveys. ALTA will provide survey information for the three identified sites. This work will be conducted at the start of the project in order to begin site planning scope. See attached proposals for additional information, C. EXCLUSIONS The following services are not included under'Basic Services, and would be provided as Additional Services if requested by the Client. as A change or increase in the project scope, or making changes to the documents that are inconsistent with previously furnished information or approvals, b_ Design for future building expansions or engineering analysis of any facility. c Special studies or reports involving traffic studies, geotechnical analysis, archeological or environmental studies or reports, or other special studies requiring special expertise., d Additional meetings or presentations beyond those indicated in Section B above. e Civil engineering review for rertediation of existing washes or coordination with Army Corps of Engineers for 414 designated waterways. f; native plant inventory to identify protected vegetation (i.e, saguaro) that would require relocation to allow for new building locations. 9,18. 023 EXHIBIT D. FEEPROPOSAL Table belay indicates basic and supplemental services by DFDG and the consultant team. The consultant fees are marked up t } , The individual consultant fees can be seen can the attached proposals Basic Services 166x1 C1P Framework and dud e _ Master,Plannlrt Site Desa rr � $32,500 Master Planning-Ply Slack Plan 22&A0 Su e ental Services 68,2 ALTA Survey-City Hall $38,500 ALTA Surve W Public works _ 2 ,20 ALTA Survey-Parks Stara_ 5166 Reimbursable Exoenses _ tLIZ=6 Total Fee bra as l _ "16 , 00 Sincerely, W --- Chad Billings, PA, President EXHIBIT / r� J,111 SOLUTIONS I"ebruart,P,2023 fmsolufion ,net Chad Billings Principal DF DG Architecture Subject:Ap the Jun Lion Capital Improvement Program(CIP)Services r 602,265,=,r,1 ;a this letter will acknowledge and confirm our recent discussions to devefols CIP services far the above referenced project, We propose to furnish the following professional services as set forth herein 1, PROJECT ASSUMPTIONS Requested support fronn Apache Junction for drte development of a Capital Irn prove rrrc-tr't', Program(CIP)as a kart of the FMP services; a Provide carte person designated as a representative that Fogy can work with on an ongoing basis; b, Provide a key leader mat series as the leader in the FPAT meetings and as the sponsor,of the CwIP Can be sarne person as one person mentioned above, c Schedules all meetings and interviews d, Provides access to all necessary facilities, e Provide a Conference Ruorn space for FMS tears,to occupy and use during their investigative work, f Provide Flip chart,and Power Point projector for use during FPAT Meetings It, OBJECTIVES The following objectives are catatlined for the Capital Improvement Program,(CIP) T. PHASE l; DEVELOPMENT OF PROCESSES SSE FOR THE CwIP The purpose of this phase is to assist tyre Facilities Ilan Advisory Team(FPAT)with the development of a PIP This,plate will consist of defining a process from identification of the steed through implementation of that need.Typically,these steeds are categorized as a Capital Project,A Capital Refresh,or a Capital Renewal.Each Category usually has a little different process that is regUired Iris is typically developed by FMS by working with lie leaders from,Procurement,Financial Services and Facility Managers, Frequently,new rules of engagement are needed to be developed and approved by high level manager to facilitate eft`icrency in operations. Outcome:A written defined process,that is;needed/required to effectively develop per category,each Proposed project from initiation through irnplernentation,This written process will also be graphically mapped for quick and easy understanding, 4001 North 3rd St, Suite 250 EXHIBIT A JMI'SOLUTIONS , PHASE II:DEVELOPMENT OF BUDGETS AND ASSOCIATED LIFE CYCLE STRATEGIES finsviNnons,net The purpose of this phase is to formally recognize and prioritize fadlitws assets,thr,ir a and determine bast life cycle so that appropriate consistent duality level is selected. This allows for appropriate pricing to be established tar capital budgets and long-terrn ongoing maintenance.Work on this phase is predicated on the planning,principles already developed. Ihese principles will test and validate need and provide the f)undat€on for the development of their solutions, 1 his is typically developed by PIVIS by working with die leaders that are familiar with the owner's facilities and FPAT Mission,Goals acid Guiding Principles, Frequently,new rules of engagement are needed in this as well so that the, y a s.; sas= approach is consistent and defensible;a high level manager will need to be involved and t.� sr approve this manual, r Cttr.aax��a� pf ` Outcome:A written defined Design Criteria Manual that identifies quality standards for the city.This manual is used by tine O&M staff as well as the Capital staff,to include outside design consultants, bUdget estimators and contractor's tor' , III, COMPENSATION f his total is inclusive of all scope of services noted ara sve and includes travel expertise and r°eirnbur sable expenses, Fixed Fees: 19, 00,00 IV. TERMS CONDITIONS Invoicing shall be monthly based on the percentage of the project completed,rap to this proposed Fixed Set:tarnos nt, C7d=DG will be trivoiced rra,;,nthly based upon percent complete to on the tasks noted above and due and payable within 30 days of the date of invoice. Services other than those mentioned and described herein will be performed only with your authorization and as an additional service,We leak forward to proceeding with your project upon receipt Of your approval.We are excited to assist you with your project,should you have any quest tone please contact me to discuss: Curtis L Slife AIA,f CARB,CFM,PMP,FC_l,IFMA FELLOW Chad Billings,DFDG Archit.ecttare Principal,FM Solutions Management LLC DFDG cc: Heather finger,CSI FM Solut,ons anagement LI, 4001 North Srd its Lhr enix,AS 8501 EXHIBIT A R LB Rider Lev tt Bucknall 4343 East Camctback Road Suite 350 Phoenix,Arizona 85018 t +f 682 443 4848 F:+t 602 443 4849 J l: K-PHX.-AJ-MP February 24th,,22 Mr, Chad Billings, AIA, FFI -AP U C, WELL AP Principal ?FDG 4545 F, McKinley St, Phoenix AZ 85008 Via e-mail;: Dear Chad; Fa CITY OF APACHF JUNgTION MASTERPLAN FEE PROPOSAL FOR COT CONSULTANT SERVICES Thank you for inviting Rider Levert Bucknall (RLB)to submit o proposal to provide Cost Consultant Services can the City of Apache Junction Facilities M st rpl n. Site i tign; RLB is assuming there are multiple facilities and projects across the City of Apache Junction. RLB has also assumed that the projects will take place across multiple fiscal years, and will require escalation analysis on a project specific basis.. P °� r ticrrt Provide Capital Improvement Program IPj estimates of project cost to align with the facilities rnsterpin. Con u t nt cif 1Ncr k Pros co ed Fey Prepare one(f`) Program/Concept Masterplan Documents Cost Estimate including review with the project terra. - 120 hours @ $17 lhour, $20,400 Total Fee- $20,40 ScheduLe RLB will need approximately tent (10)-- 1 t business days to schedule the work lus approximately twenty(20)full business days to fully complete the estimate: wwxl ,com Mr. Chad Billings, AIA, LEE-AP '` + , WELL AP DFDG February 24th 202:3 Page 2 CITY OF APACHE JUNCTION MASTERPLAN FEE PROPOSAL FOR COST CONSULTANT SERVICES Exclusions Please note that our fees generally exclude out-of-pocket expenses(such as airfares and travel outside the Greater Phoenix area; color photocopying; reproduction costs associated with other consultants' documents), which are to be reimbursed at the actual cost to us. Additionally, please carefully note that our proposed fees specifically do not include the following; • preparation of new oust estimates or amendments to our cost estimates necessitated by changes in the design or by further redesigns • cast estimating associated with any Alternates, Options and/or Valise-Engineering 1 Value-Analysis related items Terms &Conditions The terms will be as per feign Teams Agreement with the City of Apache Junction. Unless otherwise agreed to in writing, l L. 's scope of services is limited to the extent discussed in this proposal, Any additional scope, changes in the scope, or additional scope required by contract terms and conditions shall be an additional service for which additional fees will be required', Acne tance To signify your acceptance of this proposal, please sign below and return it to me In the meantime, if you have any questions, or would like to discuss some aspect of this= proposal, please feel free to contact me. Yours faithfully/ RIDER LEVETT BLICKNALLLTD. ..ov ,j:lrll*r % ,4 4 't Cott J. Macpherson MRICS Jesse Zunke Execrative Vice President Associate Principal Accepted;. Position/`Title, Dater EXHIBIT A PROPOSAL for PROFESSIONAL SURVEYING SERVICES Proposal Flo,' 2 C15 5_ Date.- July 12, 202 Client; DFDG ArchitectureA A 4545 E, McKinley St LT Phoenix,AZ 85008 Project, Parks Storage A 015 N Idaho Fed Apache Junction,AZ 85119 SURVEY . ENGMEERING >G OTEC k t,"',1 N Z� Attention: Chad Billings Alta Survey, LLC< dba Alta Arizona thereinafter referred to as 'Alta"), appreciates the opportunity to provide you with this proposal for surveying services for the above referenced project, The following Professional Surveying Services will be provided by Alta upon acceptance of the attached Terms and Conditions: lvo,on"x DESCRIPTION OF SERVICES: `'uv4,ort This firm understands that the referenced project consists of development located on south side of Si f-na Vista Prospector Park in Apache Junction, Arizona. Fk>rence, SCOPE OF SERVICES:: Alta will provide the following land survey services for this project: TOPOGRAPHIC SURVEY SERVICES Alta Southwest proposes to provide the professional surveying services required for completing a Topographic Survey of the above referenced property. This survey will map all surface features depicting the location, size, height; and changes in elevation of natural and mars-made improvements within the project limits as determined by client. BOUNDARY SURVEY SERVICES 04W"° ` a r.."ya Alta Southwest proposes to provide the professional surveying services required to complete , ,.nm8,51218 Boundary Survey of the above-referenced property. This survey will be completed per the "Arizona Boundary Survey Minimum Standards"; IN R er.ho aff r PRIVATE UTILITY.IT`° LOCATING Z 9S705 Alta Southwest proposes for provide the professional surveying services required for completing g Private Utility locating of the above-referenced property, This service will include the detection of underground> 4401 a °'$�t utilities and other subsurface findings based upon surface markings and available utility reaps to ensnare `° the overall timely success of any construction project where excavations is planned: SCHEDULE: 1 lr h F fit w £,tx a a.. Duration on site: 2 days +r FEE FOR SERVICES: ,uvi0t, 1 5I,,Y In accordance with the scope of services, specifications, and;plans, the following is our bid for this 53161 project-, atta,a/lzkx,a,�cnn Survey Services Fee: $5,000.00 EXHIBIT Calculations, materials,and travel are included for the first-fire services. Authorized work for changes in scope, redesign,re-stake, and related travel are not included and will be billed hourly as outlined below.: CIS or conventional 2-person Field(grew: $195.001hour 3-Person Field Crew: $225.00/hour Auto A t Craft ng/ResearchlTravel/Of ice; $1 5,00/hour Registered Land Surveyor: $190,0 lhr ur This fee, and the outlined scope of work, is valid for 30 days after the date which is listed on this proposal:. Additionally,this fee does not include work outside of normal work hours, Work outside of the normal work hours of 7arn to 5pm Monday through Friday will be billed at 1.5 tunes our normal rates.Work conducted on Federal and Mate Holidays will be billed at 2 times our normal rues. A TA shall provide the services described above on a fief fee basis. All reimbursables will be billed to the Client at cost plus 15%. Relmbursables include, but are not limited to,printing,submittal fees, mileage: The Client shall be responsible for obtaining permission for Alta, its employees, agents and subcontractors to enter onto the subject property and any properties in the vicinity as reasonably necessary for Alta to perform the services described herein. By either countersigning this Proposal or verbally authorizing Alta to proceed,the Client warrants and represents that it has obtained such permission. Alta requests a minimum 48ahour notice for scheduling site staking, and our services can be scheduled by emailing the fillable PDF request form sent with this proposal to Sul eyRequests AltaAri ona.com, We make every effort to fry and accommodate same day scheduling; however, services requested the same day are not guaranteed. I hope that this proposal is responsive to your request in terms of services,fee, and schedule, If you have any questions or concerns, please contact me personally. I will be very happy to discuss and resolve them with you, I can be reached at the following, number, Phone,- 623,693,3183 Email: Phil,Fedor@altaarizona.com Kindly indicate your acceptance by signing and initialing in the spaces indicated below and returning the entire agreement to me via either hard copy or email. Best regards„ Alta Survey, LL , doe Alta Arizona Phil Fedor Land Survey Project Manager Proposal for Professional Surveying Services page 2' Proposal No,, 230 66-S Dated:July 12, 2023 EXHIBIT A PROPOSAL for PROFESSIONAL SURVEYING SERVICES Proposal No. 2 0865-s Date: July 12, 2023 Client: DFDG Architecture :tP... „_, 4545 E. McKinley St A LTA �,p ttKI'§P phoenix,AZ 85008 t Cr Project Public storks Yard 55 F Baseline Apache Junction, AZ 85119 SURVEY , r GINEERNG GrrsrriC; ng neer $ Attentioni Chad Billing Alta Survey, LLC, dba Alta Arizona thereinafter referred to as 'Alta"), appreciates the opportunity to provide you with this proposal for surveying services for the above referenced project: The following Professional Surveying services will be provided by Alta upon acceptance of the attached "forms and Conditions: Phoenix DESCRIPTION OF SERVICE Tucson This form understands that the referenced project consists of development in APN 104070030, which %e r:r Vssca approximates 20 acres, located in Tempe,Arizona, No tm e SCOPE OF SERVICES: Alta will provide the following land survey services for this project. TOPOGRAPHIC SURVEY SERVICES Alta Southwest proposes to provide the professional surveying services required for completing a 3D Topographic survey of the above referenced property. This survey will reap all;surface features depicting the location, size, height, and changes in elevation of natural and an-made improvements within the project limits as determined by client, BOUNDARY SURVEY SERVICES .3 W a.oad � Alta Southwest proposes to provide the professional surveying services required to complete }1,,. ,AZ c,, .. Boundary survey of the above-referenced property. This survey will be completed per the "Arizona Boundary survey Minimum standards". PRIVATE UTILITY LOCATING I s .,..R..:.8520• Alta southwest proposes to;provide the professional surveying services required for completing Private � s, Utility locating of the above-referenced property. This service will include the detection of underground ,,202 utilities and rather subsurface findings based upon surface markings and available utility reaps to ensure the overall timely success of any construction project where excavation is planned. SCHEDULE: Blvd Duration on site:4 days r 5,t,,a V,fm AZ�S63 F FEE FOR SERVICES: 4tts 65.1S 7 In accordance with the scrape of services, specifications, and plans, the following is our bid for this; 5210 319B 6b1F,1 project: t vuk, kt `,colp Survey Services Fee: $22,000,00 EXHIBIT A Calculations, materials, and travel are included for the first-time services, Authorized work for changes in scope, redesign;, re-stake, and related travel are not included and will be billed hourly as outlined below: CPS or conventional 2-Person Field Crew 1 5.00/hou -Person Field Crew: $225,001hour AutoCAD Grafting/Research/Travel/Office, 145. 0/hr ur Registered Land Surveyor:: 1 gg.00/hour, This fee,and the outlined scope of work, is valid for 30 days after the date which is listed on this proposal, Additionally, this fee does not include work outside of normal work hours, Work outside of the normal work hours of lam to 5prn Monday through Friday will be billed at 1.5 times our normal rates. Work conducted on Federal and State Holidays will be billed at 2 times our normal rates. ALTA,shall provide the services described above on-a fixed fee basis. All reimbursables will be billed to the Client at cost plus 1 %, Re mbursables include, but are not limited to, printing,submittal fees, mileage, The Client shall be responsible for obtaining permission for Alta, its employees, agents and subcontractors to enter onto the subject property and any properties in the vicinity as reasonably necessary for Alta to perform the services described herein, By either countersigning this Proposal or verbally authorizing Alta to proceed, the Client warrants and represents that it has obtained such permission. Alta requests a minimum 48-hour notice for scheduling site staking, and our services can be scheduled by emailing the tillable PDF request form sent with this proposal to SurveyRequests@AftaArizona.com. We make every effort to try and accommodate same day scheduling; however, services requested the same day are not guaranteed. I hope that this proposal is responsive to your request in terrors of services; fee, and schedule. If you have any questions or concerns, please contact me personally. I will be very happy to discuss and resolve them with you. l can be reached at the fallowing number; Phone: 623,693,3183 Email, Phil,Fedor@altaari or a.corr Kindly indicate your acceptance by signing and initialing in the spaces indicated below and returning the entire agreement to me via either hard copy or email, Best regards, Alta Survey,LLC, dba Alta Arizona r. 1 Phil Fedor Land Survey Project Manager Proposal for Professional Surveying Services Pegs 2 Proposal No 230865-Stated:July 12,2023 EXHIBIT e� , _. PROPOSAL for PROFESSIONAL SURVEYING SERVICES t Proposal No 23055 - [date:: July 12, 2023 Client: DFDG Architecture P f,.,,t,� 4545 E, McKinley St A LTA project; City Hell 303 E Superstition Blvd Apache Junction, AZ 85119 SURVEY ,E «G MEEK G . EOTEC gt n,,r in g Attention: Chad Billings Alta Survey, LL , doe Alta Arizona (hereinafter referred to as "Alta"), appreciates the opportunity to provide you with this proposal for surveying services for the above referenced project, The fallowing Professional Surveying Services will be provided by Alta upon acceptance of the attached Terms and Conditions: 1"'hoerox" DESCRIPTION OF SERVICES: Tucson This firm understands that the referenced protect consists of development in APN 1 Ct001003 , which Sierra lhM,a approximates 40 acres, located in Apache Junction,Arizona, 4a�rew'x SCOPE OF SE Alta will provide the following land survey services for this project: TOPOGRAPHIC SURVEY SERVICES Alta Southwest proposes to provide the professional surveying services required for completing a 3 Topographic Survey of the above referenced property. This survey will map all surface features depicting the location, size, height,and changes in elevation of natural and man-made improvements within the project limits as determined by client. 8-0Q1 W BOUNDARY SURVEY SERVICES �WMm Alta Southwest proposes to provide the professional surveying services required to complete a ,,£, .AZ M28i Boundary Survey of the above-referenced property. This survey will be completed per the "Arizona Boundary Survey Minimum Standards", r;ry V Ruthwdfr,:i =wu, a=° PRIVATE UTILITY LOCATING r.,v ww) AZ 8570S Alta Southwest proposes to provide the professional surveying services required for completing Private Utility locating of the above-referenced property, This service will include the detection of underground } utilities and other subsurface findings based upon surface markings and available utility reaps to ensure R A rr ? the overall timely success of any construction project where excavation is planned SCHEDULE: u-a.C-I Duration on site: 5 daysAZ 85it'il, FEE FOR elm SERVICES:480 r,rt. I ' In accordance with the scope of services, specifications, and plans, the following is our bid for this _111 �8166r project:, Survey ServicesFee: $35,000,0 EXHIBIT A Calculations, materials, and travel are included for the first-time services. Authorized worts for changes in scope, redesign, re-stake, and related travel are not included and will be billed hourly as outlined below; GPS or conventional 2-person Field Crew. $1 5.tll/hour 3-Person Field Crew:; $2 5,001hour AutoCAD Drafting/ ese rchfl`r vel/ f ice 1 . glh iur Registered Land Surveyor. $190,00lhc ur This fee, and the outlined scope of work, is valid for 30 days after the date which is listed on this proposal, Additionally,this fee does not include work outside of normal work hours Work outside of the normal work hours of lam to 5pm Monday through Friday will be billed at 1,5 times our normal rates, Work conducted on Federal and State Holidays will be billed at 2 times our normal rues, ALTA shall provide the services described above on a fixed fee basis, All reimbursables will be billed to the Client at cost plus 15%, Re mbursables include, but are not limited to, printing; submittal fees; mileage.: The Client shall be responsible for obtaining permission for Atta, its employees,agents and subcontractors to enter onto the subject property and any properties in the vicinity as reasonably necessary for Alta to perform the services described herein, By either countersigning this Proposal or verbally authorizing Alta to proceed,the Client warrants and represents that it has obtained such permission: Alfa requests a minimum _hour notice for scheduling site staking, and our services can be scheduled by a ailing the fillable PDF request form sent with this proposal to SurvoyRequests@AltaArizona.com, We make every effort to try and accommodate same day scheduling; however, services requested the same day are not guaranteed, I hope that this proposal is responsive to your request in terms of services, fee, and schedule, If you have any questions or concerns,please contact me personally, I will be very happy to discuss and resolve them with you. l can be reached at the following number'. Phone: 623,693,3183 Email. Phil,Fedor@aft arizona,con Kindly indicate your acceptance by signing and initialing in the spaces indicated below and returning the entire agreement to me via either hard copy or email, Best regards, Alta Survey, ILLC, dba Alta Arizona � f 7 a` Phil Fedor Land Survey Project Manager Proposal for Professional Surveying Services Page 2 Proposal No,:230 64 i Dated:July 12,2023 ADOA COOPERATIVE SUPPORTING DOCUMENTS JTS Submission Package:: Attachment Attachment 2 Attachment Attachment Annual s gn Professional Services Packet- DFDG Attachment SUBMISSION OF OFFER;Undersigned hereby Gaffers and agrees to provide qualifications for Annual Professional Services List Dated December 1,2020,in compliance with the Request for Statements of Qualifications Indicated agave and our Offer indicated by the latest dated version below: ------------ Initial 1� 11 1 2 2 Offer: date initial DFDG Architecture Offeror company name Signature of person authorized to sign Offer' Initials 4545 E.McKinley Street Chad Billings,AIA,LEED AP,WELL AP Principal l ,address Printed Wane and title Phoenix,AZ 85008 Chad Billings,AIA,LEE P,WELL AP principal' City I State { ZIP Contact name and title 86-0324041 F @&A&=M 602.7 1.512 , Federal tax identifier(EIN or SSContact Email Address Contact phone number e Arizona Department of Administration t General Services Division f 100 N I San venue,Suite 103 Phoenix,AZ 85007 S t Utea \ Attachment 4 \ \e \ \ \ \ \ ` / \ts\ \ / \ \ \ / \f \ / \ \ \ ~ d \al \ \\ \ if\ ( < > \ \ic \ \ \ \ \ \ti\ \ \ \ / ^ \ \ \ \s \ \ \f \ \ \0 \ \ \r \ \ \ \ \ \ It\ \ \ } \ \ \ \ \ \ \ \ It\ \ \ . \ \ \ \ \ \ \ « \ \ \ \ \ \ ; \ \f\ \ \ ass \ \ \in \ \ \ \ \ \. . . . . . . \al . . . . . . . . .. ... . \\ Attachment 5 e v e e s is a to e e e e r 11 0 ATTACHMENTOFFER CERTIFICATION; By signature it the above,Offeror certifies that it: 1. will not discriminate against any employee or applicant for employment in violation of Federal Executive Order 11246,[Arizona]Mate Executive Order 2009-9 or A,R. . §§41.— 46 .through 1465 Attachment 1 I has not given, offered to give, nor intends to give at any time hereafter any economic opportunity, future employment,gift, loan,gratuity,special discount,trip,favor,or service to a public servant in connection with the submitted offer, Failure to provide a valid signature affirming the stipulations required by this clause will result in rejection of the Offer, Signing the Offer with a false statement will void the'Offer,any resulting contract,and may be subject to legal penalties under law-, 3, complies with ARS. §41-3532 when offering electronics or information technology products, services,or maintenance;and 4 is not debarred from, or otherwise prohibited from participating in any contract awarded by federal, state,or local government, Attachment 2020 Are 4 Pro#excrcaawf 1erviees 01 curved urr�nt qs s and suhms«is 9Yr 9t$beYdfYtmrit. ORM NAME Vfeu ArcAifse^— YV754r�_..#tCY �,.�••� TpTAf._�� .. kha Vst+ag nfxe Y"tE{ r�1CCT YQTAi„ LNdnatiAa.. ..... P WC#S NUMBER 4tK... t..�__... ��- NUMBER CNe x tre smom E . { 1.10j (2raRr T, fOf FIRM tRC#tar k.igy SStttar d-sdj WMAMW PROJECTS d ata a i teato eHa ] �PROJE�'Y" f.M�n afz et«e. 11 Lau n$20tf,000 ..: # 't e :.THREV . s LEES tkU +�+up C 2, lD%ow a,fEas dank+a2`so IN e ts+a n ;r n dx .Uskaw to ESQ then sswdw YEARS—ANY a#as0.6.g a*xav"ME �.. LAST �~N+owa iemmxk reuer' ! 00,owu oAA53,:won r: STATE rkoroayRTas tt ere+tataa IHAR tLra ra r, tlwtmazt#r a S 1�n'fta lose ti'ao$;�rYito" YFAgrpxa acrsiaro a, f—aww,Xa, ANY tmm mR'ON4 vmra.:— CS1 NOW"to fmA44 Mid :„rAi*'t4ujw, =hly Nits- 1Ars sl aee. 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Page 1 of Attachment 4 Participation in Boycott of Israel State of Arizona Arizona Department of Request for Statements of Qualifications for the Annual PAWL Administration Professional Services List Dated December 1,2020 General Services Division 100 N 151"Avenue, Suite 103 OF Phoenix,AZ 85007 Boycoft of Israel Disclosure Please note that if Aft of the following apply to this Solicitation,Contract, or Contractor,then the Offeror IbAU select the"Exempt Solicitation,Contract,or Contractor"option below: • The Solicitation or Contract has an estimated value of less than$100,000'. • Contractor is a sole proprietorship; • Contractor has fewer than ten(10)employees; OR • Contractor is a non-profit organization. Pursuant to A.R.S. §35-393.01, public entities are prohibited from entering into contracts "unless the contract includes a written certification that the company is not currently engaged in, and agrees for the duration of the contract to not engage in, a boycott of goods or services from Israel." Under A,R,S, §35-393- 1, "Boycott" means engaging in a refusal to deal, terminating business activities or performing other actions that are intended to limit commercial relations with entities doing business in Israel or in territories controlled by Israel, if those actions are taken either: (a) Based in part on the fact that the entity does business in Israel or in territories controlled by Israel. (b) In a manner that discriminates on the basis of nationality, national origin or religion and that is not based on a valid business reason, 2. "Company" means an organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, limited liability company or other entity or business association, including a wholly owned subsidiary, majority-owned subsidiary, parent company or affiliate, that engages in for-profit activity and that has ten or more full-time employees, 5, "Public entity" means this State, a political subdivision of this State or an agency, board, commission or department of this State or a political subdivision of this State. The certification below does act include boycotts prohibited by 50 United States Code Section 4842 or a regulation issued pursuant to that section. See A,R,S, §35-393.03, In compliance with A.R.$.§§35-393 of serr, all offerors must select one of the following: The Company submitting this Offer dQQljlQl participate in, and agrees not to participate in during the term of the contract, a boycott of Israel in accordance with A,R,S, §§35-393 et seq. I understand that my entire response will become public record in accordance with A.A.C. R2-7-C317, 5PO Form 205—Parftpation in Boycott of Waef€fev 10>20194 Participation in Boycott of Israel State of Arizona Arizona Department ent of Request for Statements of Qualifications for the,Annual PAGE Administration inistration Professional e ices List Gated December 1,2020 2 General Services Division 100 N 1511 Avenue, Sprite 103 OF Phoenix,AZ 85007 The Company submitting this offer participate )n a boycott of Israel as describe+ in A.R.S. § - 3 et serf: Exempt Solicitation,Contract,or Contractor. Indicate which of the following statements applies to this antra t Solicitation or Contract has an estimated value of less than 1 ,000 Contractor is a sale proprietorship-, Contractor has fewer than ten 10)employees and/or 7; Contractor is a non-profit organization. DFDG Architecture Company Marne Signature WofPers Auth ad to Sign 8 E. McKinley Street Chad Billings,;AIA, LEED AP,WELL A Address Printed Nam Phoenix $5008 Principal City State Zip Title SPO Form 206-Part oipawn m Boyooff of Wae?tr v 10 2 tt } «' +� 1� f {.z� � � r� x, }f���}r �zs F£r.,z��7ztz � ?, �2, i�' (*zu�I� to � r, Z f V! Q�f 0. r .. ��; +z,,. .�,of �� r) ilz£dr's 7 it{t2 ���; `�`r;<,r ''4 r}r �'� { �.ul�� i � 1 £#zS ��z�Iz� �u 7R t � ~n tz,tSzi z£{ y.� ?' fo zrrs,e..:�' ��ti } �s. ;, t� �� ? tit���� �{t r,, � t,�, 2 r1 tztr�tsSv{`� s'"s zrs ' } �.,, �.ty fr r st rz" � is trt��£�t£}�P�i..§,f sf£it C� � r! ;£{Jtt ¢r'r23#irft�l =.1 �3Z �� �� ti' � ;A� , .w� � „Z L zr� 2z'�j4� 3 � i i „.r "� �, z. 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Copy of all Arizona Board of Technical Registration Licensing Dick&Frftctw Design Group,AKA OFOO Reostrahm Number—s,49is BrAwk W-o rx0ratko Al ap,2oz 4,s4s EIdcJ3nW Strw NyAldy ,Vbma Bso*8 (601)954-906,D FtmSt&txw.Ut`,e rkm Son-k4w ARCIFUTMIT 2 h. Copy f Arizona Corporate Commission Certificate of Good Standing OF AM office of the CONIMISSION CERTIFICATE OF GOOD STANDING to aft t c#r , ti z ,.3 h,Executive Virecter of the Arizona Corporation 4Commissmo,do hwWW40r , . ,mat A f the Stato of Arizona, januory 13,It" r forthor 4wWy OtAt&orotdWV to ft records`of the Adimm Coqmmbon Comoihnt4wk as of the dote W forth hemunditc Ow saidis not admiWstrativoly Woro to comply with the provitdons of Ow Athons Susinoss Cmitoratkin Act; t` Annualmost recou Report.sutoot to Ow provftions of A.R.S .sections f -122, 1042X 10.12$& t 22,has been doNywedArbom CarporafitnrCommission ;and Ow the saidoorporafion has not Nod ArAths of DersotutienAA of tho dot# facia lssvod. This corfiftaft is not to be coosbuod as an,endersoment,rommmondation, Lice of approvol A acUvifts and prooftes. dw Af'A lrtf the,Ark" rtriA A Phoenix,tho catutaf this 2M 00Y of Noy,2014,A-0,, J42A.7 J ut it t 1071173 cx xr 3 k DUNS Number and r f of no exclusionsor debarments , Jana ttrlckey Log Out .kSAM*GO\r IA Fte tidatdatc wallN do t€exrs Sarh'c.4 t,aa s+#¢<<aasf 4.t8:+�tf<a5 ea•ad;,,a,us.ksk,ttat er.+SY't�,s� :Yay�att sd.a�sir t,xrta b4[.: Dick&Frit the Design Group,Inc, 4s45 t'nat§.'Acki St Entity Dashboard DUNr: o816 6412 CAGE Code: catlN kt Ph',rnix,AL8ro;s-h,'p") Status: Artive «1m,rt t7,n a"ms Expiration DaW fa ha I r»1 l astaty.d y r i x Purpose,of Regjstratiow W Awards t tsata t:. dgt dd�d1 4ctiveFxdus's,ans . .. a..::: r 'age Descritatsoss Them arc,no awtave tmetusi n re c-a€d a wwiatted To this en i#v by stx unigw ent€g zeat saat#ear 3!tha V NS Nt€znbm d ou anav a y�}.{{t,'yyy��_`.m 1y1y ronduct Aditional scarches for vtulte ion rcwzaxsrcv using d4femnt.r arvb mtorta bly .tvi nn y`.S^an if Racords in the swain fl�&aptatk: mmi i1Cl1a.. °t1a�i�zt ry Search ttt ttls Dis 1:aatarecs fAt'tl :gov Data Ae ess Accessibility G8A.gov,/1A check Status Privacy Posh, GSA=g«v Alxa t USA;gov IBM-P-2020110 t7sts Help. :. t AD,',',-A F t. V,,3i {.<rsy„' ., Ys'sJ7 .f �a.tent.�, e,s .'� "IRM � fi §i txt�s� t b.Professional Services Completed:2017 We identnfsot zones for new fitnct*ns;ciaximizing the layout, ConstructionCompleted: 01 keeping circulation lation to a minimum and allowing for openness across :.Project Owner:Arizona Department of Administration each floor-plate Each department is placed directly adjacent to one another stt an open office environment,Consolidation allows d.Original l ud e :$6,2M the boards to share resources,including a single public access e.Total Project Cost:$6AM counter,security staff,and large b sardroorns l ong-term file f.Description:C FDG completed the re-stack and renovation of storage was also relocated rat of their suites into the basement ent t n�naximize viable office Pocations, the six-story A7tt�; tatldirtc,"fly project c�rtcal€cfatct f� tat ; boards allowing the State to exit out of multiple leases in various private buildings,DFDGs main strategy was to design a functional facility without adjusting the building's core structural elements such as walls,colurnnns and key rooms I ,'I lax zt�t ttt � t 7 t t<� Ya w 4 ' 34 s i j i.Professional Services Completed:2018 1 he l FDG team eagerly took up the creative opportunity Construction Completed.2019 to provide as much of the client's original vision as possible, c.Project Ownec"City of Glendale succeeding in planting the seeds for the future of the site, d.Original;Budget:$2,5M The design of Heroes park Regional Library prdnnotes several of the most important trends in library spaces,culture,creativity, e.Total Project Coast:$3,6M community engagement,arts,and equity,The library provides f.Description:The City of Glendale's vision for the library was engagement for adults,teens,and children to interact with each bran more than 20 years ago,with the intent of providing city other or independently as they use the library's resources,It also residents with a state-of-the-art library serving inter-gernecati ina! boasts programs and materials for all apes: visitors.At the tirne;the library was planned and designed at 56, 6 -sf,Due to budget cuts and a recession,the project was placed on hold and then re-emerged with the same vision and goals,but with a significantly less budget and size variation. ; wWr yr w , 61t�, N. e b.Professional Services € mpl t .-2018 The fourth apparatus bay was the primary scope for this project, ConstructionCompleted:2018 The addition also includes a new turn out gear locker room c.Project Owner:City of Peoria allowing clean gear to be stored in the bays away from running diesel engines,initially,the project included general Wilding d.Original Budget:$1 0M storage,but during design,it was determined that existing spaces .`fatal Project Cost:$985,000 in the building could be getter configured to provide for all the .Description:Renovations(8,214-sfl and addition(2,012_ f) storage needs This allowed the budget to include a new fitness performed under a Job Order Contract for the City of Peoria,This room to replace an undersized interior space, three-tray station responds to standard calls,and is also the city's hazardous materials response unit, s s Ijr�S7hf f �: t r kf (f r i1 tr krf t r l� ya It 2 b.Professional Services completed:2012 The small but impressive b,tl l l- f facility blends seamlessly Into Construction Completed:2013 the Town campus`architectural vernacular by cringing in elements .Project Owner.Town of paradise alley frorn the nearby police and fire stations. The exterior architecture is a rhythm of stone,glass,and steel that extends inward to create d.Original budget.$2.t M harmony both inside and out The sloped ceiling and striking e."Total Project Cost.$2. ltv( angles in the courtroom reinterpret the traditional judicial design fn Description:The project was originally a courtroom remodel at giving it a modern sensibility, Paradise Valley's Town Hall,During design,Town representatives determined a new court building was preferred,DFDGa creative design for the facility incorporated similar,materials, forms,and colors to create a cohesive environment,and the functional layout provided for enhanced security for visitors,judges,and staff,while maintaining an open and inviting layout, 9 s u' 23 t .Professional Services Completed.-2016 DF G Architecture was sfaected along with Core Construction Construction Completed:2020 to remedi to the damage,The tint steer in our process was is.Project wiser: Town of Gilbert completing a thorough analysis of the roofing and structural systems, During the analysis several areas were identified for d.Original Bridget;$1.1m either rernediation or replacement. A complete reroofing system e.Total Project Cost:$1.1M was applied to the structure creating a watertight seal. In addition, all coping and flashing was removed and reinstalled. The masonry Description: �ill�ert Freestone Recreation Center was c,rigsrtall block was also resealed to prevent water penetration. constructed in 2002.Since its opening it has suffered extensive water intrusion problems, These issues created with the clerestory As part of an addition to our scope of services,DFDG was windows,parapet caps,and CMU walls.In addition,there was contracted to select new floor and vial€finishes and paint colors clarnage to the structural security of the suspended running track. for the facility. D Cat,also created strategies to repair floor cracks created frorn water damage: DFDG Architectrsre offers the following disciplines: Programming Master Planning Architectural Design Building Information Modeling Furniture, Fixtures&Equipment Construction Administration interior Design Historic Preservation Site Analysis Permitting Construction Documents LEED Review Reference o. lient Name:Arizona Department of ation .ClientAddress:100 North 1 Avenue,Suite t 202,Phoenix,AZ 85007 b.Client Contact Information-,Ruben Duran,Building&Planning Manager/602.36 .4851/ruben.durar;.aedoa.gov .Project Name and Location:1 40 W Adams BuildingRe-stack and �r /Phoenix, Renovation AZ , . Project Description:Re-stack and renovation of the six-story ADOA Building.The project consolidated 28 State boards allowing the State to ; j3 � t� rsa exit out of multiple leases in various private buildings, s.CtkL�C;' mean strategy Was to design a functional facility without adjusting the building's corgi structural elements such as walls,columns and key rooms; .Total Construction Coat: .4lvf Reference o. 2 1 City of Peoria ae Client plamw City of Peoria Client Address.8401 W Monroe Street,Peoria,AZ 85345 .Client Contact Information:Ed Stuffier,Design fC Construction Manager er/623.773: 7211 ed.striffl r@a peoriaa .gov y I .Project Name and Location:Fire Station 174/Peoria,AZ a tf. Description:Renovations(8,214-sh and addition(2,01 -sf)performed under a Job Order Contract for the City of Peoria, This three-bay station responds to standard calls,and is also the it 's hazardous materials t, response unit. .Total Construction Cost:$98 ,00 Reference o. 3/ Maricopa Community College District a.ClientName:Maricopa Community Coil ge District Client dress:2411 W 14th Street,Tempe,AZ 3234 . ,Client Contact Information:Rots Bern,Architectural Project Manager /480,731.8077/ross,bern@dornail,marrcopa,edu .Project Name and Location:paradise Valley CSC health Science Building p . q tf. Project Description'.Design of a 4,446-sf building housing P CC g programs,Igl„CC developed several strategies to EMT and Nursing p accommodate all the required spaces.The project features classroorn and training spades;administrative offices,and nursing simulations labs_ £, The new spaces help students thoroughly preparestudents for their future career in nursing,simulation lams were created to emulate real world settings for learning. .Total Construction Cost.S1,021,937 Resumes are prrvidea on the following pages, DFDG Architecture has no exceptions to the:state of Arizona Uniform Terms nd Conditions to Design Professional Services: CHAD BILLINGS 1 , REED AP BD ,WELL r Principal Project Director e Chad Billings is a partner in the firm and our Director of Sustainabrlity.He combines his architectural skill set and knowledge of architectural design with the use of sustainable �7 building methods and materials to design buildings and facilities that min lrnlze negative impacts on the environment,As a principal and project director,Chad balances the team^s fr r technical skills and creative aptitude in a fast-paced environment to deliver a building that meets the client's timetable and financial plant,Chad's ability to coordinate diverse project } teams to establish and guide goals and expectations has made him a valuable asset to the firm. Years Its the Firm: His COMMurtrf y leadership role in the OS Green Building Council,Arizona for nine year s; 18 years(24 years total experience) including as the 2014 Chairperson prove he has dedicated himself to SUstainabihty,both Length of time in current position as within the,firm and irr the cheater Phoenix area,Fie has played a role in all of the frrm's Principal.7 years Leadership in Energy and Environmental Design(LEED)related projects, Education:: Relevant Project Experience: Master of ArchitectureMesa Center Street Master Plan* Arizona State University Mesa Public Safety Training Facility taster Plan* BA,Architecture,Washington University ADOA 1740 W,Adarns Building Remodel St,Louis ADOA Office Building Modifications Registration/Certifications: ADOA Dn-lcing Building* _ _ ADOA Kearns Carryon truck Barn* Architect,Arizona 47:384 ADOA Kingman District Lab,Site Plan* LEER AP BD+C Apache Junction City Hali`&Court NCARB Certification ASO B&F Wing Renovation* WELL Accredited Professional(4`in AZ) ASLt Fitness&Wellness Center-* ASU Physical Science D-Wing Lab Remodel* Professional Organizations: Avondale Fire Station No 172 Renovation* American Institute of Architects Chandler Courts Security Upgrade United States Green;Building Council,; Estrella Mountain Community College Lab Remodel*' Arizona Chapter Glendale City Courthouse(Target LEED Silver) Phoenix Community Alliance Haydon Corporate Headquarters(LEED Silver) lrtaricopp County-Gila Rend Court;€lernodel* Dlaric opd County Downtown,Justice Courts(LEER Certified Maricopa County E,Court Building Renovations* aricopa County Northeast Courts Complex taricopa County Security Building Remodel Paradise Valley Community College Black Mountain Campus Aquila Hall Parardse Valley Municipal Court Renovation Peoria Central Plant Opgrades Peoria Community&Development Services Building Peoria Community Center-LEER Certification Services* Peoria Fires Station#193 Renovation* Peoria Patrol Center LEED Pear Review* PVCC Health Sciences Budding* *Continuing Service Contract w 7 A� x t10 President Project Director { ,r Dike is a Principal and Project Director with DFDG and has designed conrmeresal,industrial, and public sector protects involving both new design and renovation,The majority of Mike's E > work with DFDG has been with design-build and C tAR protect delivery,and he is well F;$ t respected for his ability to work in the collaborative project delivery environment, � ,�'tt ail f r tit It �yti C His passion is for the planning and design of highly sustainable projects,Mike is skilled rn the fi t xkt,'ttt ;tit, t art of leading the integrated design process for large,complex projects,and in building teams consensus around the Ideas;and concepts that are generated by the group,He is a hands- YEARS WITH THE FIR on leader,fully committed to the Owner's interests from the beginning to the end of each commission. 37 years(42 years total experience) Length of ur xe in current positron as Relevant Projectp i g President:12 years Aviation Office&Facilities Multi Site EDUCATION: Avondale Community Center Study* Billings Empire Fixed-rise Parking Garage BS,Architecture,Kansas State University City of Glendale-Trig Study' GIST I RTI I T S City of Phoenix pli ed-Use Parking Structure Architect,Arizona 29913 Clir attic Concert Headquarters Renovation Architect,Nevada Clrnmtec San Diego TI CARE Cestifscation Copper Point Business Part LEED AP Glendale Courthouse ParkSart Advisor Glendale Heroes Regional Park Library PROFESSIONAL ORGANIZATIONS: Glendale Parking Garage American Institute of Architects Glendale Parking Garage Study* East Valley Partnership ip Glendale WAB Library Study* Scottsdale Planning Commission Hayden Corporate Center Scottsdale leadership North Glendale 1 ran sil Center Central Arizona Society for Healthcare Peoria Sports Complex Clubhouse Renovations Engineering FPetSrnart State Support Group Headquarters Phoenix Community Alliance Phoenix Cans 3P Pet formance Center„Phoenix,AZ Phoenix Sky Harbor Airport Terra?inal 4 Restr°oorn Renovations* m Scottsdale Mustang Transit Center Sky Harbor Rental Car Center,Sky Harbor International Airport Southwest Ambulance* ternpe Main Police Building Renovation lawn of Silbert-MOB 11-Chase 11 town of Par adise Halley-Court Locations Study* University of Arizona-South Stadium Garage avapa€County Complex *Continuing Service Contract c tJ, l , LEER AP Principal r j t Director � Carrin Crndorff is a arm Principal and a f rout-runner in developing quality control policies and procedures for alternative delivery projects,including CM AR and Cesign/BLrild at DFDG,He has teen a lead role in promoting the implementation of new technologies,including various graphic evaluation tools and the integration of BIM technologies frrrn-wide.He advocates the use of design models to improve out clients'projects.His expertise includes all project phases from concept design and design development to construction documents,through construction administration and project closeout, YEARS WITH THEFIRM: For marry large projects,his talents have focused on the construction phases of project 24 years(SA years total experience) development,His extensive technical knowledge assists in creating design solutions to any problems encountered on project job sites With more than$250 million of design and Length of time in current position as construction projects in his portfolio,ltairin maintains a positive relationship with owners, Principal: 15 years contractors,and subcontractois EDUCATION: Relevant Project Experience: S Architecture,Kansas Mate University 1990 Office Building tenant Improvement F IST TIC SCE TIFI ATI S Arizona Historical Society Museum Architect,Arizona 2565 ASU Dr,Namanich Lab Renovation* NCARB Certification ASU Health Solutions Innovations Center LEED AP 1 D+C ASU Interdisciplinary Sciences f uilding i1 ASU Packard Drive Parking StructurePROFESSIONAL TIC ASU Psychology North Physics Chair Renovation* American Institute of Architects Chandler-Gilbert Cornmunity College Coyote Center International(Lode Council filbert Freestone Recreation Centel hoof Repair Phoenix Community Alliance` Glendale Courts Bridging Docurne is ,Jefferson Street Parking Structure laricopa County Cleric of Court taricopa County Jury Assembly Maricopp Cocrnty Law Library Mitsubishi Pure Chemicals America Office Addition • tonteluia Parking Garage North Glendale Park Ride North Glendale Transit Center Peoria Development&Community Services Bldg Peoria Sports Complex Clubhouse Renovations Salt River Pima PE RA Skills Trasnrrag Facility Salt River Praia PCRA Training and Innovations Center° The Salvation Andy fray&Joan Kroc Corarrnunity Center LISPS Phoenix GMF Waterline Investigation" Veteran Affairs Cardiac Catheterization Lab "Continuing Service Contract I , CDT Principal Project Director F dins Lloyd has is years experience and has managed multiple projects of varying complexities and project types including religious,educational,community center,retail; restaurant,industrial,office and residential, In addition to design and construction,,Airs has spent four years teaching building information modeling using the Revit platform at Arizona a State University and conducted multiple architectural licensing seminars for the local American Institute of Architects,Jim is familiar with architectural standards,engineering Cr�C pi actices,building codes,and zoning ordinances in order to communicate effectively with clients and team members,His responsibilities encompass all aspects of architecture YEARS WITH THE FIRM: and interiors including prograrnrning,design,construction docurrrents„and construction years(25 years total experience) administration, Length of tare as Principal: t year Relevant Project Experience:: Length of tune as Project Director 15 years Avondale City Center Conceptual Design* EDUCATION: Chandler'-Gilbert Community College Agave fall Master of Architecture, City of Avondale Parking Canopies* Arizona State University Diablo Technology Park.Bldg,C Landlord Tenant Improverraent bode ftevrew* BS.Design,Arizona Mate University Diablo Technology Park Guardsh ark RF ISTRAT RTIFI ATI SS Eastern Arizona College-.Entrepreneunal Resowee Center Architect,Arizona 4641 l l Dorado Center Retail* Certified Document technician Ernpire Garage.Billings,Montano Estrella Mountain Community College Arroyo Hall PROFESSIONAL OR IZATI Glendale Heroes hark Regional libr ar y Urban Land lnstit€rte Glendale WAB Library Study* American Institute of Architects Maricopa County East Court Ith Floor Strecifrcatiow Mkola Office Building North Glendale Transit Center Paradise Valley Community College Black Mountarn Campus Concept Design Package* SRP Skills Trarning Facility SRP Training and Innovations Center SRP Southside Water Scottsdale Mustang Transit Center University of Ai izona South Stadium Garage *Grant r uing Sef vice Contract BECKY TOMASEK II A,ASI ,LEECH AP I +C, COEE Principal Interior Resign Becky 1ornasek is the firm's Director of Interior Resign,She works closely with the design team and the client's team to atti Mate strategies and care values with the dynamic use of space, < r the makes Sore the client's vision for the projects€nterror architecture is maintained during the course of design and construction Becky's experience in crarnmerdial interior design and higher education environments includes all project phases fscrm piocgranrming to construction administration.She interfaces with the tt�= client on the coordination of interior architecture and design.1-he focus of her work is the user YEARS WITH THE FIRM. experience and her wide-ranging portfolio includes froth new construction and rear vattoh protects of all sizes for both private and public sector clients. 17 years(24 yearn;total experience) Relevant Project Experience: Length of time as Principal`l year ADOA 1740 W,Adams Building Remodel" Length of#rate as inter isms Director, 10 year,. ApacheJunction Police Calm Renovation* EDUCATION: ASU Interdisciplinary Cc°rences Budding LEER Gold w (,',try of Phoenix Cholla Library l C,Interior Design City of P oen)x 01prheurn Theatre Study* University of Nebraska City of Phoenix Transit Lobby Renovation REGISTRATIONS/CERTIFICATIONS: Estrella Mountain Community College Arroyo Hall Estrella fountain Community College lsomat e tlaV t1ClL Ci Certificate 17CgE Gilbert Municipal Master Plan LEE a AP ID+C Glendale Heroes Park Regional Literary Certified Office Ergonomics Evaluator- Glendale Municipal Courthouse Glendale WAR Library Study* Goodyear Librat * Mancopa Association of Goveinrnent levant Irnproverrre is Maricopaa County lgegartment of Transportation Fitness Center Remodel* l aricopra County Downtown Justice Courts Maricopa CountitJostice Courts Administration Teriant Improvement Madcopra County Northeast Regional Court Master Ulan Mancoprg bounty Superior Court Feasibility Ctrid * Mohave County/Bullhead Carty Master Plan Northwest Public Safety Facility-Avondale Papago Spectrum Office Building Peoria Development E Corrimunity Cervices Building Peoria M mciigal Carr€r Renovation&Addition Salvation Army 1 ioc Community venter&Chapel Sky Harbor International Airport Rental Car Center Town of Paradise Valley Carat Master Mang Valley Metro Regional Public Tr'anspaortation Authority Master flan Valley Metro secant Improvements *Continuing Service Contract A Senior Project Manager As Project Manager,Greg will work with the contractor's project superintendent through- out the development and coordination of working drawings and specifications As the liaison involved in the production,of the project's BIM model,he keeps communications current relative to project budget,schedule,and contracting.As a licensed architect,he has a Solid background and knowledge in reviewing the drawings with strong attention tri to deta€l. He is capable of creating a team atmosphere that leads to successful cornple t train of projects. YEARS WITH THEProject Experience: 3 years(25 years total experience) Tempe Council Chambers Remodel Length of time as Sr.Project Manager 12 years « Apache Junction Prrlice Dept.Renovation* Buckeye Cornmrinity ServicesBuilding Renovation EDUCATION: Chandler-Gilbert Corrimunity College Coyote Center Bachelor of Environmental Design CVS Caremark-AZ Board Room* Texas A&M University,College Station CVS(Caremark w Cotton,Center Exiting Study&Diagram* BS,Construction Services CVS Caremark-Exterior Revolving Doors* Texas A&fit University,College Station CVS Caremark- lC,t Corsirrarrd Center* GIST TI TI TI A tFtr`C;Carernark-Mountain View/Record Drawings* Architect,Arizona 39789 CVS C<arest ark-Mountain View Exiting Study&Diagram `?CS Caremark-Raintree Exiting Study&Cra rwn*' CVS Caremark- Shea HO Exiting Study&Diagram* CVS Caremark-tape Sault amp*' Diablo blo Technology Park Parking tort Reconfiguration* Glendale Transit Center Goodyear Police Facility Study* Manc ripa County E.Courts Bth Floor Renovation* Etancopa County West Courts BIX Room Upgrades* « Paradise Valley Municipal Court New Building peon€a Sports Complex Stadium Improvements- JOC Pkg J* Peoria Sports Complex Stadium Improvements-JOC Pkg C* Peoria Sports Complex Stadium improvements-,JOC Pkg * Peoria Sports Complex Stadium Improvements-Phase II Pkg 5* PetSmart-Ongoint Tenant Improvements* Phoenix Sky f4arbor Airport-Terminal 4 Rest;Room Renovation*' University of Arizona South Stadium Garage *Con i'ruing Service Contract tits*v Senior project Manager In his 21 years of experience,Mike has served as a project€nanagei and project arch test on a wide variety of projects including healthcare,cornrtrertcral,and industrial,He is a leader in working with clients to safeguard their project vision arid ensure each project rneets their budget and schedule goals,He is seasonedproject leaner,experienced in leading internal g d p g project teams and consultants through all phases of work from pin ramming through construction and construction adminis4ation. ri a Years with theFirm: Relevant Project Experience: c Year(21 years total experience) AHCCC'S 801 Irv,Jefferson TI*, Length of trine as Sr,Project Manager: 10 years Maricopa County Admire Re tack*,Phoenix,AZ Education: Estrella MOUntain Community College,Arroyo Hall,Avondale,A BA,History,Architecture&Design, Lincoln County Medical CCenterRurd so,NM* Southwestern University Multinational Financial Corp,McDowell Mtn Business Park TI* MA,Architecture,Arizona State University Midlands Regional Rehabilitation hospital,Elgin,SC* REGISTRATIONS/CERTIFICATIONS: Mountain Valley Rehabilitation Hospital Addition,Prescott Valley,AZ Architect,Arizona,#6212 ` Northern Arizona Rehabilitation Hospital,Flagstaff,A<2* Phoenix Surrs 5G Perfounance Center,Phoenix,A2 Sacred Peaks health Clinic,'f Flagstaff,AZ* Rust Medical Center Tower 2 and MD Andetson Cancer Center,Rio Rancho, M IHS Fort Yuma Medical Center,Winterhaven,CA* IRIS Kayenta Medical Center Medical Center,I a enta,AZ* *Completed with a prior fern Senior Project Manager Michael has more than yE year s of experience in the field of architecture and design,working in a diverse set of market sectors including educational,civic,healthcare,multi-familylrrrr ed- ry use and adaptive reuse.He works rigorously in the pursuit of design-oriented projects that seek to create a>synergy between project stakeholders,end users and the overall corrrrmunity in order to create inturtive and honest design solutions which serve all interests, He brings a focus to thebuilding's site,climate and context in order to develop thoughtful drengin solutions x..s that are both sustainable and econornically prudent,A strong advocate of sostarrrable materials and methods,Michael is credentraled asboth a IEEE AP and Sustainable Building Years with the Fir Advisor through the Sustainable Building Advisor Institute in Seattle, 2 years(26 years total experience) Length of time as Sr.Protect tanager:10 years. Relevant Project Experience: ; Education:- D01"King a Materials Lab* BArch,university of Southern California ASU NFAC&Music venter Plaza Crookdale forth Phoenix Memory Care Facrdrty** REGISTRATIONS/CERTIFICATIONS: Chandler Oregon Street Parking Structure Architect,Arizona,52021 CPI C Cathedral hill Hospital* f EEl2 GA, CAPS Training Budding* Estrella Mountain Community College Arroyo Nall tliola Cafeteria Peoria Resource C,enho* Paradise Valley Comnwnity College Slack Mountain Planning* Paradise Earth I IHS Central Utility Plant and Behavioral Health Renovations New Life Care Campus Memory Card and Assisted Living Facility** Olympic:and trill Mryed-U e*x Harnad Medical Center** *Continuing Services Contract **Completed with a prior f nn I r,E iw;, try..P, t ist r t y t>s NCIDQ v, Senior Interior Designer r Tracy coritribrites to the success of our client's objectives by designing authentic environments- Her interior arcltrtecture and design expertise includes all aspects of the design process.Her : recent project focus is it tine corporate,,commercial and municipal markets,Her proven project s,{r: management,design:and construction administration skills are a valuable asset to oirr team and clients. Tracy meets face-to-face with the project iepresentatives identifying the design objectives and r <i developing the interior design concepts.Her responsibilities iriclude specification preparation and consultant coordination. She will direct the production staff in the proper detailing and Years with the Firm: documentation of the design, g Years( 4 year,total experience) Length of time as Cr,Interior Designer:12 years Relevant project Experience:: Education: Phoenix Soars 5G Performance Center Bachelor of Applied arts Interior Design,Central Paradise`valley Community College Library Addition* Michigan University ACRE Student Success Tutoring** REGISTRATIONS/CERTIFICATIONS: Peoria Sports Complex Stadium Improvements-JOC pkg T' NCICtCf Certificate#17981 Peoria Sports Complex Stadium Improvements-JOC Pkg C* City of Phoenix Sky Harbor T4 N3 Kestioorns 39&40 Remodel* City of Phoenix Sky lfarbor`N N I Restroorns 33&29 Remodel* City of Phoenix Sky Harbor T4 t31 Pestrorrns 33&34 Remodel* Chandler-GrIbei t Community College Coyote Center` Diablo technology Paik-Bldg A Motonsla Ter ant Improvement" Diablo Technology Pwk Fitness Center Renovation* Diablo Technology Park Bldg C Lobby Renovabon* Diablo Technology lark Guardsliack* Diablo Technology Park Bldg.C Landlord Tenant Improvement Diablo Technology Park Bldg.C Keiox Tenant lrnprovenient* Diablo Technology Bark Bldg.C Common Area Tenant lrnprovernent*` Estrella Mountain Community College Komatke hall* [Make County Court Bu lding** Long Peach CourtBuilding" Continuing Services Contract Completed with a prior fir-n Senior Interior Designer Sarah Salas is a Senror Interior Designer whose,design sensibility,organizational drills and ,ryx rtt judgment are a valuable asset on protect types ranging from corporate workplaces,retail t environments and hospitality,t hro gh out tier 16 years of experience,Sarah has actively pursued a wide variety of opportunities and professional challenges,endeavoring to expand the boundaries of her professional knowledge and abilities.She believes that design is a r powerful ful tool that allows tier to create transfonnatrc nal experiences,and that design needs t: f; be relevant,and therefore,creative collaboration with clients is essential, Years with the Firm, Relevant Project Experience; I Year(t Cr years total experience) Estrella Mountain Community College Arroyo Hall Lengths of facie as Sr,interior Designer Years t ikola Motor Company Corporate Headquarters Education: ADOA DES Space Plan/TI* Gilbert Freestone Recreation Flooring Replacement* BA,interior Design,Art lit>tttc:t of Phoenix St P West`valley`service Center,Building a Arizona Mate University Aratvaapai Auditorium* Arizona Mate University Polytechnic:Acadernic Cornplex" Northern Arizona University Ardrey f ernorial Auditorirrmr Anheuser- usch Employees'Credit Union HQ Renovation'* Texas Tech Federal Credit Union HQ** Petsmart-Phoenix H arrah's AK-Chat Hotel Expansion" Friendship Village Cafe Renovation— The Yard i Culinary Dropouts&Little Ctleo`s Seafood!loose Renovation" Harcah`s Ali-Chairs Buffet Rer rivation,* Cornerica,Multiple Locations- Continuing Services Contract *Completed with a pr ror farts 19 ri"A ,3,'r City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No. 11. File ID: 23-514 Sponsor: Liz Langenbach Agenda Date: 10/3/2023 Index: In Control: City Council Meeting Presentation, discussion, and possible consideration of contract with Sunland Asphalt for parking lot and sidewalk/curbing work in various locations throughout the parks. The work would be through the 1 GPA Cooperative Contract, in an amount not to exceed $350,000.00 per year. The projects will be in fulfillment of general fund projects as well as projects associated with the Land Water Conservation Fund grant. City of Apache Junction,Arizona Page 1 Printed on 9/28/2023 Cit 0 acheJunction Y )f'4P W . Homeqf the Superstition Mountains MEMORANDUM TO: Honorable Mayor and City Council Members THROUGH: Bryant Powell, City Manager FROM: Liz Langenbach, Parks and Recreation Director DATE: September 20, 2023 SUBJECT: Award of Contract to Sunland Asphalt and Construction, LLC The Parks and Recreation Department has multiple parking lot, sidewalk, and small drainage projects each year within the budget. It is tough to find contractors who are willing to quote small projects. Sunland Asphalt and Construction, LLC has been a consistent contractor over the past couple of years that delivers high quality work, within a very reasonable time frame. Because the pricing we receive is already on a 1 Government Procurement Alliance (1 GPA) Cooperative Contract No. 17-16P-05 it fulfills city procurement and open market procedures. Because time is of the essence for these projects, and sometime projects come up due to changing needs or emergency situations, we would like to have the ability to do one umbrella contract that covers these projects under one pricing structure. Some of our projects are funded through general fund and some through grants, such as the Land Water Conservation Fund projects at Superstition Shadows Park. Staff is recommending a construction contract be awarded to Sunland Asphalt and Construction, LLC, in an amount not to exceed $350,000 per year, provided the budgeted dollars are available. We appreciate your consideration in this matter. 300 E.Superstition Blvd.•APACHE JUNCTION,AZ 85119 e myU ajci .net •PHONE(480)983-2181•FAX(480)982-2438 9 TDD(480)983-0095 CONSTRUCTION CONTRACT BETWEEN CITY OF APACHE JUNCTION AND SUNLAND ASPHALT & CONSTRUCTION, LLC THIS AGREEMENT made and entered into by and between the CITY OF APACHE JUNCTION ("City"), an Arizona municipal corporation, and SUNLAND ASPHALT & CONSTRUCTION, LLC, 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 Governmental Procurement Alliance ("1 GPA") cooperative Contract No. 17-16P-05 (on file with the City's Finance Department) pursuant to Contractor's pricing in 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. City has complied with the public bidding requirements under Arizona Revised Statutes ("A.R.S.") Title 34, and Apache Junction City Code Vol. I, Chapter 3, Administration, Article 3-7, Procurement Procedures, or such work is categorically exempt from such process. AGREEMENT NOW, THEREFORE, City retains Contractor to perform, and Contractor agrees to render the Work in accordance with the terms and conditions set forth as follows: 1. PROJECT DESCRIPTION: Contractor shall do and perform or cause to be done and performed in a good workmanlike manner, the Work in accordance with and as more fully described in the Contract Documents and to also: A. Provide traffic control as appropriate, including the use of only Apache Junction Police Department uniformed police officers. 2. PAYMENTS & COMPLETION: The total amount payable by the City to the Contractor is an amount not to exceed Three Hundred Fifty Thousand Dollars and Zero Cents ($350,000.00) (the "Contract Sum") per fiscal year for the performance of the Work under the Contract Documents except for changes authorized by properly executed change orders. All contracts will be operable for their full term at the rates quoted in the initial bid proposal, unless otherwise extended in writing by the City. Upon notice that the Work is ready for final inspection or acceptance, a City representative shall promptly cause an inspection to be made. Once City finds the Work acceptable under the Contract Documents, City shall promptly submit for processing a certificate for payment stating that, to the best of its knowledge, information and belief on the basis of its observation and inspection, the Work has been completed in accordance with the terms and conditions of the Contract Documents and that partial payment or the entire balance due the Contractor is payable. Final payment shall not become due until the Contractor submits to the City all required lien waivers, releases and any other data establishing payment or satisfaction of all Contractor's obligations. If any subcontractor refuses to furnish a release or waiver required by City, Contractor may furnish a bond to indemnify City against any such lien. If any such lien remains unsatisfied after all payments are made, Contractor shall refund to City all monies that the latter may be compelled to pay in discharging such liens, including all costs and reasonable attorney fees. 3. CONTRACT TERM: The Term of this Agreement is , 2023, to June 30, 2023. The Contract will be renewed automatically and continuously for successive periods of one (1) year, not to exceed three (3) years from the original execution of this Agreement. This provision does not limit the liability of Contractor for actual damages sustained by City as a result of any breach of contract or warranty by Contractor. Extensions may be approved at times as the Parties mutually deem fit. 4. LABOR AND MATERIALS: Unless otherwise provided in the Contract Documents, Contractor shall provide, pay for and insure under the requisite laws and regulations all labor, materials, equipment, tools and machinery, water, heat, utilities, transportation, other facilities and services necessary for the proper execution and completion of the Work, whether temporary or permanent, and whether or not incorporated or to be incorporated in the Work. 5. INSPECTIONS AND QUALITY OF WORK: Contractor understands and agrees that inspection of the Work performed hereunder will occur by City. Contractor agrees that City will have the exclusive right to determine, in its sole discretion, whether the Work has been performed in accordance with the Contract Documents. Contractor further agrees to make such corrections to the Work as may be directed by City to conform to said Contract Documents without requirement of a change order or any additional charge or cost to City whatsoever. 6. WARRANTY: Contractor shall guarantee the Work against defective workmanship or materials for a period of one (1) year from the date of its final acceptance under the contract, ordinary wear and tear and unusual abuse or neglect excepted. Any omission on the part of City to condemn defective work or materials at the time of construction shall not be deemed an acceptance and 2 Contractor will be required to correct defective work or materials at any time before final acceptance. Within one (1) year from the date of final acceptance due to faults in workmanship or materials, Contractor shall begin making the necessary repairs to the satisfaction of City within fourteen (14) calendar days of receipt of written notice from City. Such work shall include the repair or replacement of other work or materials damaged or affected by making the above repairs or corrective work all at no additional cost to City. In the case of Work materials or equipment for which warranties are required by the special provisions of the Contract Documents, Contractor shall provide or secure from the appropriate subcontractor or supplier such warranties addressed to and in favor of City and deliver same to City prior to final acceptance of the Work. Delivery of such warranties shall not relieve Contractor from any obligation assumed under any other provision of the contract. The warranties and guarantees provided in this subsection shall be in addition to and not in limitation of any other warrantees, guarantees or remedies required by law, and shall survive the expiration of this Agreement for the time period mentioned above. 7. TAXES: Contractor shall pay all license, sales, consumer, transaction privilege, use and other similar taxes for the Work or portions thereof provided by Contractor which are legally enacted at the time bids are received whether or not yet effective or subsequently applicable due to acts of jurisdictions or bodies other than City. 8. PERMITS & FEES: Unless otherwise provided in the Contract Documents, Contractor shall secure and pay for all permits, government fees, licenses and inspections necessary for the proper execution and completion of Work which are customarily secured after execution of the contract, and which are legally required. Contractor shall give all notices and comply with all laws, ordinances, rules, regulations and lawful orders of any public authority bearing on the performance of the Work. City permits for this Work will be provided to Contractor at no cost. Contractor represents and warrants that any license necessary to perform the Work under this Agreement is current and valid. Contractor understands that the activity described herein constitutes "doing business in the City of Apache Junction" and Contractor agrees to obtain a business license pursuant to Chapter 8 of the Apache Junction City Code, Vol. 1, and keep such license current during the term of this Agreement and after termination of this Agreement any time work is performed pursuant to the warranty provisions set forth in Section 6. Contractor also acknowledges that the tax provision of the Apache Junction Tax Code, Chapter 8A, may also apply and if so, shall obtain a transaction privilege license and/or other licenses as may be required by the city code. Any activity by subcontractors within the corporate city limits will invoke the same licensing regulations on any subcontractors, and Contractor ensures its subcontractors will obtain any and all applicable licenses. Further, Contractor agrees to pay all applicable 3 privilege and use taxes that are applicable to the activities, products and services provided under this Agreement. 9. INDEPENDENT CONTRACTOR: Contractor shall at all times during Contractor's performance of the services retain Contractor's status as an independent contractor. Contractor's employees shall under no circumstances be considered or held to be employees or agents of City, and City shall have no obligation to pay or withhold state or federal taxes or provide workers' compensation or unemployment insurance for or on behalf of them or Contractor. Contractor shall supervise and direct the delivery of the materials using its best skill and attention. Except as provided in this Agreement, Contractor shall be solely responsible for all construction means, methods, techniques, sequences and procedures, and for coordinating all portions of the Work required by the Contract Documents. Contractor shall be responsible to City for the acts and omissions of its employees, subcontractors and their agents and employees and other persons providing any of the materials under any contract document. 10. SUPERINTENDENT: Contractor shall employ a competent project superintendent who shall be in attendance at the project site during the progress of the Work. The superintendent shall represent and be the community agent of Contractor and communications given to the superintendent shall be as binding as if given to Contractor. Important communications shall be confirmed in writing. The designated superintendent shall be designated for each project and communicated to City before work is performed. 11. PROGRESS SCHEDULE: Contractor shall, immediately after entering into this Agreement, generate an estimated progress schedule, which shall be maintained and updated during the project. Work may progress during regular City business hours only if it is determined by City not to disturb normal operations. 12. INDEMNIFICATION: To the fullest extent permitted by law, Contractor shall defend, indemnify and hold harmless City, its elected and appointed officers, officials, agents, and employees from and against any and all liability including but not limited to demands, claims, actions, fees, costs and expenses, including reasonable attorney and expert witness fees, arising from, or alleged to have arisen from, relating to, arising out of, or alleged to have resulted from the acts, errors, mistakes, omissions, Work or services of Contractor, its agents, employees, or any tier of Contractor's subcontractors in the performance of this Agreement, but only to the extent caused by the negligence, recklessness or intentional wrongful conduct of Contractor or its subcontractors in the performance of the Work under this Agreement or any subcontract. Contractor's duty to defend, hold harmless and indemnify City, its special districts, elected and appointed officers, officials, agents, and employees shall arise in connection with any claim, damage, loss or expense 4 that is attributable to bodily injury, sickness, disease, death, or injury to, impairment, or destruction of property including loss of use resulting therefrom, caused by an Contractor's acts, errors, mistakes, omissions, work or services in the performance of this Agreement including any employee of Contractor, any tier of Contractor's subcontractor or any other person for whose acts, errors, mistakes, omissions, Work or services Contractor may be legally liable, but only to the extent caused by the negligence, recklessness or intentional wrongful conduct of Contractor or any tier of Contractor's subcontractors or any other person for whose acts, errors, mistakes, omissions, Work or services Contractor may be legally liable in the performance of the Work under this Agreement or subcontract. The amount and type of insurance coverage requirements set forth herein will in no way be construed as limiting the scope of the indemnity in this paragraph. The rights and obligations under this Section shall survive termination of this Agreement. 13. SUBCONTRACTORS: All subcontractors chosen by Contractor will be subject to City's approval. All subcontractors shall be identified by Contractor prior to award of contract. Contractor shall make no substitutions for any subcontractor, person or entity previously selected without the approval of City. 14. APPLICABLE LAW AND VENUE: The terms and conditions of this Agreement shall be governed by and interpreted in accordance with the laws of the State of Arizona. Any action at law or in equity brought by either Party for the purpose of enforcing a right or rights provided for in this Agreement, shall be tried in a court of competent jurisdiction in Pinal County, State of Arizona. The Parties hereby waive all provisions of law providing for a change of venue in such proceeding to any other county. In the event either Party shall bring suit to enforce any term of this Agreement or to recover any damages for and on account of the breach of any term or condition in this Agreement, it is mutually agreed that the prevailing Party in such action shall recover all costs including: all litigation and appeal expenses, collection expenses, reasonable attorney fees, necessary witness fees and court costs to be determined by the court in such action. 15. INSURANCE: Contractor, at its own expense, shall purchase and maintain the herein stipulated minimum insurance with companies duly licensed, possessing a current A.M. Best, Inc. Rating of B++6, or approved unlicensed in the State of Arizona with policies and forms satisfactory to City. All insurance required herein shall be maintained in full force and effect until all Work or service required to be performed under the terms of the Agreement is satisfactorily completed and formally accepted; failure to do so may, at the sole discretion of City, constitute a material breach of this Agreement. Contractor's insurance shall be primary insurance as respects the City, and any insurance or self-insurance maintained by City shall not contribute to it. 5 Any failure to comply with the claim reporting provisions of the insurance policies or any breach of an insurance policy warranty shall not affect coverage afforded under the insurance policies to protect City. The insurance policies, except Workers' Compensation, shall contain a waiver of transfer rights of recovery (subrogation) against City, its agents, officers, officials and employees for any claims arising out of Contractor's acts, errors, mistakes, omissions, Work or service. The insurance policies may provide coverage which contains deductibles or self-insured retentions. Such deductible and/or self-insured retentions shall not be applicable with respect to the coverage provided to City under such policies. Contractor shall be solely responsible for the deductible and/or self retention and City, at its option, may require Contractor to secure payment of such deductibles or self-insured retentions by a surety bond or an irrevocable and unconditional letter of credit. City reserves the right to request and to receive, within ten (10) working days, certified copies of any or all of the herein required insurance policies and/or endorsements. City shall not be obligated, however, to review same or to advise Contractor of any deficiencies in such policies and endorsements, and such receipt shall not relieve Contractor from, or be deemed a waiver of, City's right to insist on strict fulfillment of Contractor's obligations under this Agreement. The insurance policies, except Workers' Compensation and Professional Liability, required by this Agreement, shall name City, its agents, officers, officials and employees as Additional Insureds. REQUIRED COVERAGE Commercial General Liability Contractor shall maintain Commercial General Liability insurance with a limit of not less than $1,000,000 for each occurrence with a $2,000,000 Products/Completed Operations Aggregate and a $2,000,000 General Aggregate limit. The policy shall include coverage for bodily injury, broad form property damage, personal injury, products and completed operations and blanket contractual coverage including, but not limited to, the liability assumed under the indemnification provisions of this Agreement, which coverage will be at least as broad as that on Insurance Service Office, Inc. Policy Form No. CG 00011093, or the equivalent thereof. Such policy shall contain a severability of interest provision and shall not contain a sunset provision or commutation clause, nor any provision which would serve to limit third party action over claims. 6 The Commercial General Liability additional insured endorsement shall be at least as broad as the Insurance Service Office, Inc.'s Additional Insured, Form B, CG 20101185, or the equivalent thereof, and shall include coverage for Contractor's operations and products and completed operations. If required by this Agreement, if Contractor sublets any part of the Work, services or operations, Contractor shall purchase and maintain, at all times during prosecution of the Work, services or operations under this Agreement, an Owner and Contractor's Protective Liability insurance policy for bodily injury and property damage, including death, which may arise in the prosecution of Contractor's work, service or operations under this Agreement. Coverage shall be on an occurrence basis with a limit not less than $1,000,000 per occurrence, and the policy shall be issued by the same insurance company that issues Contractor's Commercial General Liability insurance. Automobile Liability Contractor shall maintain Commercial/Business Automobile Liability insurance with a combined single limit for bodily injury and property damage of not less than $1,000,000 each occurrence with respect to Contractor's owned, hired, and non-owned vehicles assigned to or used in performance of Contractor's work. Coverage will be at least as broad as coverage code 1, "any auto", (Insurance Service Office, Inc. Policy Form CA 00011293, or the equivalent thereof). Such insurance shall include coverage for loading and off-loading hazards. If hazardous substances, materials or wastes are to be transported, MCS 90 endorsement shall be included and $5,000,000 per accident limits for bodily injury and property damage shall apply. Workers' Compensation Contractor shall carry Workers' Compensation insurance to cover obligations imposed by federal and state statutes having jurisdiction of Contractor's employees engaged in the performance of the Work or services; and Employer's Liability insurance of not less than $100,000 for each accident, $100,000 disease for each employee, and $500,000 disease policy limit. By execution of this Agreement, Contractor certifies as follows: "I am aware and understand the provisions of A.R.S. § 23-901 et seq. which requires every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of this chapter, and I will comply with such provisions before commencing the performance of the Work of this Agreement." If Contractor has no employees for whom workers' compensation insurance is required, Contractor shall submit a declaration or affidavit to City so stating and covenanting to obtain such insurance if and when Contractor employs any employees subject to coverage. In case any work is subcontracted, Contractor will require subcontractors to provide Workers' Compensation and Employer's Liability insurance to at least the same extent as required of Contractor. Professional Liability Contractor retained by City to provide the Work or service required by this Agreement will maintain Professional Liability insurance covering acts, errors, mistakes and omissions arising out of the Work or services performed by Contractor, or any person employed by Contractor, with a limit of not less than $1,000,000 each claim. Certificates of Insurance Prior to commencing work or services under this Agreement, Contractor shall furnish City with Certificates of Insurance, or formal endorsements as required by the Agreement, issued by Contractor's insurer(s), as evidence that policies providing the required coverages, conditions and limits required by this Agreement are in full force and effect. The form of the certificates of insurance and endorsements shall be subject to the approval of the Apache Junction City Attorney's Office, shall comply with the terms of this Agreement, and shall be issued and delivered to City Attorney, City of Apache Junction, 300 East Superstition Boulevard, Apache Junction, AZ, 85119. In the event any insurance policies required by this Agreement are written on a "claims made" basis, coverage shall extend for two (2) years past completion and acceptance of Contractor's Work or services and as evidenced by annual Certificates of Insurance. If a policy does expire during the life of the Agreement, a renewal certificate must be sent to City thirty (30) calendar days prior to the expiration date. All Certificates of Insurance shall be identified with bid serial number and title. Policies or certificates and completed forms of City's Additional Insured Endorsement (or a substantially equivalent insurance company form acceptable to the City Attorney) evidencing the coverage required by this section shall be 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 8 and its officers and employees are added as additional insureds under this policy." Insurance required herein shall not expire, be canceled, or materially changed without thirty (30) calendar days' prior written notice to City. 16. CHANGE ORDERS: A change order is a written order to Contractor, approved by a City representative, issued after execution of this construction agreement authorizing a change in the Work or an adjustment in the construction agreement sum or the construction agreement time. A change order signed by Contractor indicates his agreement therewith. City may, without invalidating this construction agreement, order changes in the Work within the general scope of this construction agreement consisting of additions, deletions or other revisions, the construction agreement sum and the construction agreement being adjusted accordingly. All such changes in the Work shall be authorized by Change Order and shall be performed under the applicable conditions of this construction agreement. City representative shall have authority to order minor changes in the Work not involving an adjustment in the construction agreement sum or extension of construction agreement time and not inconsistent with the intent of this construction agreement. All such changes shall be affected by written order and shall be binding upon City and Contractor. 17. SUCCESSORS ASSIGNMENT & DELEGATION: City and Contractor each bind themselves, their partners, successors, assigns and legal representatives to the other Party hereto and to the partners, successors, assigns and legal representatives of such other Party in respect to all covenants, agreements and obligations contained in the contract documents. Neither Party to the contract shall assign the contract or sublet it as a whole or delegate the duties hereunder, without the written consent of the other, nor shall Contractor assign any monies due or to become due to it without the previous written consent of City. 18. WRITTEN NOTICE: Written notice shall be deemed to have been duly served if delivered in person to the individual or member of the firm or entity, or to an office of the corporation for whom it was intended or if delivered at or sent registered or certified mail, return receipt requested, and first-class postage prepaid to the last business address known to them who gives the notice. 19. CLAIMS FOR DAMAGES: Should either Party to the contract suffer injury or damage to personal property because of any act or omission of the other Party or of their employees or agents for whose acts they are legally liable, claims shall be made in writing to such other Parties within a reasonable time after the first observance of such injury or damages. 9 20. PAYMENT & PERFORMANCE BONDS: City shall have the right to require Contractor to furnish bonds covering the faithful performance of the contract and the payment of all obligations arising hereunder. 21. SAFETY: Contractor and/or its subcontractors shall be solely responsible for job safety at all times. 22. RIGHTS & REMEDIES: The duties and obligations imposed by the Contract Documents and the rights and remedies available hereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. No action or failure to act by City or Contractor shall constitute a waiver of any right or duty afforded any of them under the contract, nor shall any action or failure to act constitute an approval of or an acquiescence to any breaches hereunder except as may be specifically agreed to in writing. 23. FORCE MAJEURE: Neither City nor Contractor, as the case may be, shall be considered not to have performed its obligations under this Agreement in the event of enforced delay (an "Enforced Delay") due to causes beyond its control and without its fault or negligence or failure to comply with applicable laws, including, but not restricted to, acts of God, fires, floods, epidemics, pandemics, quarantine, restrictions, embargoes, labor disputes, and unusually severe weather or the delays of subcontractors or materialmen due to such causes, acts of a public enemy, war, terrorism or act of terror (including but not limited to bio-terrorism or eco-terrorism), nuclear radiation, blockade, insurrection, riot, labor strike or interruption, extortion, sabotage, or similar occurrence or any exercise of the power of eminent domain of any governmental body on behalf of any public entity, or a declaration of moratorium or similar hiatus (whether permanent or temporary) by any public entity directly affecting the obligations under this Agreement. In no event will Enforced Delay include any delay resulting from unavailability for any reason of labor shortages, or the unavailability for any reason of particular Contractors, subcontractors, vendors or investors desired by Contractor in connection with the obligations under this Agreement. Contractor agrees that Contractor alone will bear all risks of delay which are not Enforced Delay. In the event of the occurrence of any such Enforced Delay, the time or times for performance of the obligations of the Party claiming delay shall be extended for a period of the Enforced Delay; provided, however, that the Party seeking the benefit of the provisions of this Section shall, within thirty (30) calendar days after such Party knows or should know of any such Enforced Delay, first notify the other Party of the specific delay in writing and claim the right to an extension for the period of the Enforced Delay; and provided further that in no event shall a period of Enforced Delay exceed ninety (90) calendar days. 24. TERMINATION BY CITY: 10 A. TERMINATION BY CITY: City shall be permitted to terminate this Agreement if in the discretion of the city manager or his or her designee, believes Contractor has failed to meet the terms of this Agreement. City shall provide Notice of Termination to Contractor by Certified U.S. Mail ten (10) calendar days before such termination takes effect. B. TERMINATION BY CONTRACTOR: Contractor may terminate this Agreement if City fails to make payment as agreed upon in this document. Any other termination will be deemed a breach of contract by Contractor. Contractor shall provide Notice of Termination to City by Certified U.S. Mail ten (10) calendar days before such termination takes effect. 25. RECORDS: Records of Contractor's labor, payroll and other costs pertaining to this Agreement shall be kept on a generally recognized accounting basis and made available to City for inspection on request. Contractor shall maintain records for a period of at least two (2) years after termination of this Agreement and shall make such records available during that retention period for examination or audit by City personnel during regular business hours. 26. AMENDMENT: It is mutually understood and agreed that no alteration or variation of the terms and conditions of this Agreement shall be valid unless made in writing and signed by the Parties hereto, and that oral understandings or agreements not incorporated herein shall not be binding on the parties. The representatives of the Parties (signatory for Contractor noted below or his or her designee, and the City Manager, or his or her designee) shall be authorized to execute future amendments or extensions of this Agreement. 27. ENTIRE AGREEMENT: This Agreement and any attachments represent the entire agreement between City and Contractor and supersede all prior negotiations, representations or agreements, either express or implied, written or oral. It is mutually understood and agreed that no alteration or variation of the terms and conditions of this Agreement shall be valid unless made in writing and signed by the Parties hereto. Written and signed amendments shall automatically become part of the supporting documents, and shall supersede any inconsistent provision therein; provided, however, that any apparent inconsistency shall be resolved, if possible, by construing the provisions as mutually complementary and supplementary. 28. SEVERABILITY: City and Contractor each believe that the execution, delivery and performance of this Agreement are in compliance with all applicable laws. However, in the unlikely event that any provision of this Agreement is declared void or unenforceable (or is construed as requiring City to do any act in violation of any applicable laws, including any constitutional provision, law, regulation, or city code), such provision shall be deemed severed from this Agreement and this Agreement shall otherwise remain in full force and 11 effect; provided that this Agreement shall retroactively be deemed reformed to the extent reasonably possible in such a manner so that the reformed agreement (and any related agreements effective as of the same date) provide essentially the same rights and benefits (economic and otherwise) to the Parties as if such severance and reformation were not required. Unless prohibited by applicable laws, the Parties further shall perform all acts and execute, acknowledge and/or deliver all amendments, instruments and consents necessary to accomplish and to give effect to the purposes of this Agreement, as reformed. 29. TIME IS OF THE ESSENCE: Time is of the essence with respect to all provisions in this Agreement. Any delay in performance by either Party shall constitute a material breach of this Agreement. 30. CONFLICT OF INTEREST: The provisions of A.R.S. § 38-511 relating to cancellation of contracts due to conflicts of interest shall apply to this contract. 31. PROHIBITION TO CONTRACT WITH CONTRACTORS WHO ENGAGE IN BOYCOTT OF THE STATE OF ISRAEL: The Parties acknowledge A.R.S. §§ 35-393 through 35-393.03, as amended, which forbids public entities from contracting with Contractors who engage in boycotts of the State of Israel. Should Contractor under this Agreement engage in any such boycott against the State of Israel, this Agreement shall be deemed automatically terminated by operation of law. Any such boycott is a material breach of contract. 32. CERTIFICATION PURSUANT TO A.R.S. § 35-394. In accordance with Arizona Revised Statutes § 35-394, Contractor hereby certifies and agrees that Contractor does not currently and shall not for the duration of this Agreement use: 1) the forced labor of ethnic Uyghurs in the People's Republic of China, 2) any services or goods produced by the forced labor of ethnic Uyghurs in the People's Republic of China, and/or 3) any suppliers, contractors or subcontractors that use the forced labor or any services or goods produced by the forced labor of ethnic Uyghurs in the People's Republic of China. If Contractor becomes aware during the term of this Agreement that Contractor is not in compliance with this Section, then Contractor shall notify the City within five (5) business days after becoming aware of such noncompliance. If Contractor does not provide the City with written certification that Contractor has remedied such noncompliance within one hundred eighty (180) 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. 33. COMPLIANCE WITH FEDERAL AND STATE LAWS: Contractor understands and acknowledges the applicability of the American with 12 Disabilities Act, the Immigration Reform and Control Act of 1986 and the Drug Free Workplace Act of 1989 to the services performed under this Agreement. As required by A.R.S. § 41-4401, Contractor hereby warrants its compliance with all federal immigration laws and regulations that relate to its employees and A.R.S. § 23-214(A). Contractor further warrants that after hiring an employee, Contractor will verify the employment eligibility of the employee through the E- Verify program. If Contractor uses any subcontractors in performance of services, subcontractors shall warrant their compliance with all federal immigration laws and regulations that relate to its employees and A.R.S. § 23- 214(A), and subcontractors shall further warrant that after hiring an employee, such subcontractor verifies the employment eligibility of the employee through the E-Verify program. A breach of this warranty shall be deemed a material breach of the Agreement that is subject to penalties up to and including termination of this Agreement. Contractor is subject to a penalty of $100 per day for the first violation, $500 per day for the second violation, and $1,000 per day for the third violation. City at its option may terminate this Agreement after the third violation. Contractor shall not be deemed in material breach of this Agreement if the Contractor and/or subcontractors establish compliance with the employment verification provisions of Sections 274A and 274B of the federal Immigration and Nationality Act and the E-Verify requirements contained in A.R.S. § 23-214(A). City retains the legal right to inspect the papers of any Contractor or subcontractor employee who works under this Agreement to ensure that the Contractor or subcontractor is complying with the warranty. Any inspection will be conducted after reasonable notice and at reasonable times. If state law is amended, the Parties may modify this paragraph consistent with state law. 13 signedIN WITNESS WHEREOF the Parties hereto have caused this A reement,to be it duly authorizediv i _12 day of Sqgambor-, CONSTRUCTION Ari na c or ;By: AACl t P nt CITY OF APACHE JUNCTION,ARIZONA, an Arizona municipal r Walter"Chip"Wilson Its:Mayor _Jennifer Pena City Clerk APPROVED AS TO FORM: iichard . , ity AttorCney EXHIBIT A.,0 Pricing Sheet �. 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I 1 N CNN NN M�b9 Y ,{ in FS s { d w } ^ 1'R N F �s { 2 t CITY COUNCIL MEETING ROLL CALL Date: 3 Work Study Regular Special S: E: S: E: S: E: CITY COUNCIL: Present Ab/excu Present Ab/excu Present Ab/excu MAYOR WILSON V VICE MAYOR SCHROEDER, COUNCILMEMBER CROSS / COUNCILMEMBER HECK V COUNCILMEMBER JOHNSON V COUNCILMEMBER NESSER COUNCILMEMBER SOLLER TOTAL r- I CITY STAFF: Present Ab/excu Present Ab/excu Present Ab/excu City Manager Bryant Powell Assistant City Manager Matt Busby City Clerk Jennifer Pena City Attorney Joel Stern Information Technology Director Doug Wirthgen Public Information Officer Al Bravo I Public Safety Director Michael Pooley Dev Services Director Rudy Esquivias PW Director Ted Wolff Parks& Rec Director Liz Langenbach ED Director Patrick Ainsworth Library Director Pam Harrison Finance Director Leslie DeReche HR Director Anna McCray Water District Director Mike Loggins Municipal Judge A. Doug LaSota OTHERS: Deputy City Clerk Evie McKinney Int.Planning Manager Sidney Urias Building&Safety Mngr Adrian Alegria Senior Planner Planner Kelsey Schattnik Associate Planner Nick Leftwich PW Project Engineer Raquel Schatz City Engineer . Emile Schmid S:\Templates & Forms\Roll Call -City Council-Attendance.docx City Council VOTE - ROLL CALL ITEM # MEETING OF MOTION BY: 4'�0.�. .Q�i( SECONDED BY: NOTES: YES NO ABSTAINED CITY COUNCIL: VICE MAYOR SCHROEDER COUNCILMEMBER NESSER Li COUNCILMEMBER HECK L/ COUNCILMEMBER SOLLER COUNCILMEMBER JOHNSON COUNCILMEMBER CROSS ✓ MAYOR WILSON v/ TOTAL UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL Vote sheet 6 S:/5—Templates&Forms/Vote Call—City Council 0 City Council VOTE - ROLL CALL ITEM #- MEETING OF to- '>-'Z 3 MOTION BY:r',(-OSS SECONDED BY: SC hrnt ele-r Cvv NOTES: l-t -7os Ll Ame08 4o -Dev. A:e czPX 'SA (1) G-ee,r:�g- +(-fe4 U,VN ltikx- ogner '6 iz ? 16�r i�xtilf (2i��n� - tit1���re�ixa� //J+Lir1� [494u"(Y � d Pfac-e- rx-gnA -,oai of -N:s Z,;a.—iACjc'der%4S -�-f s �e. o-v✓ Z►-�pavi.5 S � YES NO • ABSTAINED ri{.o3' F�n�Z iti�aliY CITY COUNCIL: c�.giue p�gCIC. COUNCILMEMBER HECK ha,i"T COUNCILMEMBER CROSS VICE MAYOR SCHROEDER COUNCILMEMBER NESSER ✓ COUNCILMEMBER JOkl*%N COUNCILMEMBER SOLLER MAYOR WILSON TOTAL UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL Vote sheet 4 S:/5—Templates&Forms/Vote Call—City Council 104 Uk,� l� �,-� _ r�-, � � �.�,�-s � „off ��.�M � '� " rPOSS-eS O'n e.�qmsiah f,04 "6"AckfL� (O-U 4k-4 c041-P "A 4 n() 0cue e �'� `�a- F't� y Q w f.e�� V IGi f 'Aq n U�1/ I�.1� Stu lam- oY..l�.� �o�IC C��e�- L Ll JAJU- S jdLO dia 4-e '1-0 O Ae 0\,, a We-vow H V- a mgo� ( � -NA-�- aid ua" C►Pn�.�( Cv)S — JL 1 I WOO re.vr,kei 1 R/2GZ( Pt.,,\L D4 �J S�j eqr4e o,I�r-lam oCc -c-�cn s ri\enA�ane Vapp t)s 6v\ no►se Cain �.�,.�-Wiz. vine-Slkaccd 'l0 uV�, Jam -�.ew a, f:)e a kcv nO cve, �?fvblems w� &d► t.�d � 6f�V-1 ISS�iL Q S �� _ Ow�e� s N AU C.u�el W( Ci a- ��eA4S — � S kau,ld Gzmn p(J ce""6A�a,s Cau-m e. ,Aa kos O-Al 61vGil cn. c S iS Q (lO -c cSSUI� `�.QG�b1 er 1 CcQcc e�u;lS +ate Tim O'TOOLe c-lrv)A/xe&-- 44vre �J mean- Y)o CWCv aU-A-f+Aj-\ cry 41�A- W �J�O `6a. AN U"za 4- -0-�Me&4--- erg- fez. P 7 64, gAto i}l0 II:LIA SC,irPAi�;. GSPt�2Cc.�S� a,�t� --\y'J- `o eA4evr-,e Ce24e-4fJWIfAA( Date: CITY OF APACHE JUNCTION REQUEST TO SPEAK FORM Please fill out completely and return to the City Clerk PRIOR to the conclusion of the City Manager's Report portion of the agenda. I would like to speak on Agenda Item #: I would like to speak on a Non-Agenda matter regarding: Do you wish to speak before Council on this item? Yes No Only If Necessary I am in favor of the proposed Item. I am opposed to the proposed Item. First Name Last Name (PRINT) Address City Zip Code Telephone Email address This information will be used by staff for follow-up, if necessary. Speakers shall make comments directly to the Mayor and City Council when called up to speak at the podium. Note: Call to the Public comments have a three minute limit and Public Hearing comments have a five minute limit. Consent for Minor to be Audio and/or Video Recorded: I, , as the parent/guardian of (minor(s)), a minor(s), agree to allow said minor(s) to appear and/or participate in the City of Apache Junction City Council Meeting. I further understand that this activity may be audio and/or video recorded and I hereby consent to the minor being audio and/or video recorded during his/her participation with the likelihood that their image will appear on cable TV and the internet video stream showing their participation. A.R.S. § 1-602 (A)(9). Signature of Parent/Guardian Date 08/26/2019 City Council VOTE - ROLL CALL ITEM # MEETING OF 10-3-Zdz3 MOTION BY: Sr,h�e_dP� SECONDED BY: • S'd df V NOTES: Aerlt 4nc>,a,(_ red Sy brrrursn 4-PD dduan90u4A YES NO ABSTAINED CITY COUNCIL: COUNCILMEMBER CROSS COUNCILMEMBER HECK COUNCILMEMBER JOHNSON ✓ VICE MAYOR SCHROEDER 1/ COUNCILMEMBER NESSER ✓ COUNCILMEMBER SOLLER MAYOR WILSON l✓ TOTAL UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL ­7 U Vote sheet 5 S:/5—Templates&Forms/Vote Call—City Council City Council VOTE - ROLL CALL ITEM # 02� r �`1 MEETING OF 70Zs MOTION BY: SECONDED BY: NOTES: D40LA .AI4 ui H r Otcfo re ALwt aMpt\_ 3-7-oZ3 2()-z,3 YES NO ABSTAINED CITY COUNCIL: VICE MAYOR SCHROEDER ✓ COUNCILMEMBER NESSER COUNCILMEMBER HECK COUNCILMEMBER SOLLER COUNCILMEMBER JOHNSON COUNCILMEMBER CROSS MAYOR WILSON TOTAL UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL ✓` Vote sheet 6 S:/5—Templates&Forms/Vote Call—City Council Date: 10-s z,3 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. would like to speak on Agenda Item #: I would like to speak on a Non-Agenda matter regarding: Do you wish to speak before Council on this item? Yes No Only If Necessary I am in favor of the proposed Item. I am opposed to the proposed Item. Dzyoj\� First Name Last Name (PRINT) 1 'S w � + Arc Address City Zip Code '4as 679 `q 16> F-L4 a c l J �NAA-G HA I ►.c-60q Telephone Email address This information will be used by staff for follow-up, if necessary. Speakers shall make comments directly to the Mayor and City Council when called up to speak at the podium. Note: Call to the Public comments have a three minute limit and Public Hearing comments have a five minute limit. Consent for Minor to be Audio and/or Video Recorded: I, , as the parent/guardian of (minor(s)), a minor(s), agree to allow said minor(s) to appear and/or participate in the City of Apache Junction City Council Meeting. I further understand that this activity may be audio and/or video recorded and I hereby consent to the minor being audio and/or video recorded during his/her participation with the likelihood that their image will appear on cable TV and the internet video stream showing their participation. A.R.S. § 1-602 (A)(9). Signature of Parent/Guardian Date 08/26/2019 rr �'=` � -_. Date: `� — _CITY OFIPAC1-1.E 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. would like to speak on Agenda Item 9-: I would like to speak on a Non-Agenda matter regarding: ( �, t J AJC, j Do you wish to speak before ColrnCil on this item? Yes No Only If Necessary I am in favor of the proposed Item. I am opposed to the proposed Item. P 1 [APE d V / I e�� First Name Last Name (PRINT) ,S � � Address City Zip Code oo 7 M -e--e- �, Telephone Email add ess 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 podiurn. Note: Call to the Public comments have a three minute limit and Public Hearing comments have a five rninu:te limit. Consent for Minor to be Audio and/or Vicleo Recorded: I, as the parent/guardian of (minor(s)), a minor(s), agree to allow said minor(s) to appear and/or participate in the City of Apache Junction City Council Meeting. I further understand that this activity may be audio and/or video recorded and I hereby consent to the minor being audio and/or video recorded during his/her participation—with the likelihood that their image will appear on cable TV and the internet video stream showing their participation. A.R.S. � 1-602 (A)(9). Signature of Parent/Guardian Date 08/26/20.1.9 Date: CITY OF APACHE JUNCTION REQUEST TO SPEAK( FORM Please fill out completely and return to the City Clerk PRIOR to the conclusion of the City Manager's Report portion of the agenda. I would like to speak on Agenda Item 11: I would like to speak on a Non-Agenda matter regarding: Do you wish to speak before Council on this item? Yes No Only If Necessary I am in favor of the 1 roposed Item. I am opposed to the proposed Item. First Name Last Name (PRINT) Addre s City Zip Code Telephone Email address This information will be used by staff for follow-up, if necessary. Speakers shall make comments directly to the Mayor and City Council when called up to speak at the podium. Note: Call to the Public comments have a three minute limit and Public Hearing comments have a five minute Limit Consent for Minor to be Audio and/or Video Recorded: I, , as the parent/guardian of (minor(s)), a minor(s), agree to allow. said minor(s) to appear and/or participate in the City of Apache Junction City Council Meeting. I further understand that this activity may be audio and/or video recorded and I hereby consent to the minor being audio and/or video recorded during his/her participation with the likelihood that their image will appear on cable TV and the internet video stream showing their participation. A.R.S. 5 1-602 (A)(9). Signature of Parent/Guardian Date 08/26/20,19 Date: I 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. would like to speak on Agenda Item #: fl ` 4-cI=,-�3— -Go 7 I would like to speak on a Non-Agenda matter regarding: Cal (A ,%LA Do you wish -to speak before Council on this item? Yes No Only If Necessary l am in favor of the proposed Item. J`I am opposed to the proposed Item. O 0 I c- First Name Last Name - p, (PRINT) c1 Address City Zip Code Telephone Email address This information will be used by staff for follow-up, if necessary!, Speakers shall make comments directly to the Mayor and City Council when called up to speak at the podiurn. Note: Call to the Public comments have a three minute limit and Public Hearing corments have a five minute limit. Consent for Minor to be Audio and/or Video Recorded: 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 COLInCil Meeting. I further understand that this activity may be audio and/or video recorded and I hereby consent to the minor being audio and/or video recorded during his/her participation with the likelihood that their image will appear on cable TV and the internet video stream showing their participation. A.R.S. § 1-602 (A)(9). © Signature of Parent/Guardian Date 08/26/2019 Date: 2G2 CITY OF APACHE JUNCTION REQUEST TO SPEAK FORM Please fill out completely and return to the City Clerk PRIOR to the conclusion of the City Manager's Report portion of the agenda. I would like to speak on Agenda Item #: I-would like to speak on a Non-Agenda matter regarding: Co L L ° c, C— Do you wish to speak before Council on this item? Yes No Only If Necessary I am in flavor of the proposed Item. I am opposed to the proposed Item. First Name Last Name (PRINT) 4- 1 Address City Zip Code Telephone Email address This information will be used by staff for follow-up, if necessary. Speakers shall make comments directly to the Mayor and City Council when called up to speak at the podium. Note: Call to the Public comments have a three minute limit and Public Hearing comments have a five rninute limit. Consent for Minor to be Audio and/or Video Recorded: I, , as the parent/guardian of (minor(s)), a minor(s), agree to allow said minor(s) to appear and/or participate in the City of Apache Junction City Council Meeting. I further understand that this activity may be audio and/or video recorded and I hereby consent to the minor being audio and/or video recorded during Iris/her participation with:the likelihood that their image will appear on cable TV and the internet video stream showing their participation. A.R.S. 5-1-602 (A)(9). Signature of Parent/Guardian Date 08/26/201,9 Date: Q E CITY OF APACHE JUNCTION REQUEST TO SPEAK FORM Please fill out completely and return to the_City Clerl< PRIOR to the conclusion of the City Manager's Report portion of the agenda. I would like to speak on Agenda Item 11: I would like to speak on a Non-Agenda matter regarding: Do you wish to speak before COU1161 on this item? Yes ✓ No Only If Necessary I am in favor of the proposed Item. I am opposed to the proposed Item. :Dnmwc.�_ L I First Name Last Name (PRINT) c Address City .Lip Code Telephone Email address This information will be used by staff for follow-up, if necessary. Speakers shall make comments directly to the Mayor and City Council when called up to speak at the podium. Note: Call to the Public.comments have a three minute limit and Public Hearing comments have a five minute, limit. Consent for Minor to be Audio and/or Video Recorded: I, , as the parent/guardian of (minor(s)), a minor(s), agree to allow said minor(s) to appear and/or participate in the City of Apache Junction City Council Meeting. I further understand that this activity may be audio and/or video recorded and I hereby consent to the minor being audio and/or video recorded during.his/hor_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)_ r Signa ,vlv'��7 ture of Parer Guardian Date 08126/20'[9 Date: 3 CITY OF APAGHE JUNCTION REQUEST TO SPEAK FORM Please fill out completely and return to the City Clerk PRIOR to the conclusion of the City Manager's°Report portion of the agenda. I would like to.speak on Agenda Item It: / I would like to speak on a Non-Agenda matter regarding: m� /2-�-- ,./,- Do you wish to speak before Council on this itern? Yes L— — No Only If Necessary I am in favor of the proposed Item. I am opposed to the proposed Item. G7all E (,I�? °'JS First Name Last Name (PRINT) Address City Zip Code Telephone Email address This information will be used by staff for follow-up, if necessary. Speakers shall make comments directly to the Mayor and City Council when called up to speak at the podium. Note: Call to the Public.comments have a three minute Limit and Public Hearing comments have a -five minute limit. Consent for Minor to be Audio and/or Video Recorded: I, , as the parent/guardian of (minor(s)), a minor(s), agree to allow said minor(s) to appear and/or participate in the City of Apache Junction City Council Meeting. I further understand that this activity may be audio and/or video recorded and I hereby consent to the minor being audio and/or- video recorded during his/her participation with the likelihood that their image will appear on cable TV and the internet video stream showing their participation. A.R.S. 's.1-602 (A)(9)_ re of Parent/Guardian Date 08/2G/2019 Date: CITY OF APACHE JUNCTION REQUEST TO SPEAK FORM Please fill out completely and return to the City Clerk PRIOR to theconclusioo f the City Manager's Report portion of the agenda. would like to speak on Agenda Item #: I would like to speak on a Non-Agenda matter regarding: Do you wish to speak before Council on this item? Yes No Only If Necessary KI am in favor of the proposed Item. I am opposed to the proposed Item. CLS�2llZ- First Name Last Name (PRINT) Address VCity Zip Code Telephone Email address This information_ will be used by staff for follow-up, if necessary. Speakers shall make comments directly to the Mayor and City Council when called up to speak at the podium. Note: Call to the Public comments have a three minute limit and Public Hearing comments have a five minute limit. Consent for Minor to be Audio and/or Video Recorded: I, , as the parent/guardian of (minor(s)), a minor(s), agree to allow said minor(s) to appear and/or participate in the City of Apache Junction City Council Meeting. I further understand that this activity may be audio and/or video recorded and I hereby consent to the minor being audio and/or video recorded during his/her participation with the likelihood that their image will appear on cable TV and the internet video stream showing their participation. A.R.S. 1-602 (A)(9). Signature of Parent/Guardian Date 08/26/2019 Date: f� CITY OF APACHE JUNCTION REQUEST TO SPEAK FORM Please fill out completely and return to the City Clerk PRIOR to the conclusion of the City Manager's Report portion of the agenda. I would like to speak on Agenda Item #: _ �- 3 � 7 1 would like to speak on a Non-Agenda matter regarding: Do you wish to speak before Council on this item? Yes No Only If Necessary �I am in favor of the proposed Item. I am opposed to the proposed Item. s First Name last Name (PRINT) r Address / p City Zip Code Telephone Email address This-information will be used by staff for follow-up, if necessary. Speakers shall make comments directly to the Mayor and City Council when called up to speak at the podium. Note: Call to the Public comments have a three minute Limit and Public Hearing comments have a five rninute--limit Consent for Minor to be Audio and/or Video Recorded: I, , as the parent/guardian of (minor(s)), a minor(s), agree to allow said minor(s) to appear and/or participate in the City of Apache Junction City Council Meeting. I further understand that this activity may be audio and/or video recorded and I hereby consent to the minor being audio and/or video recorded during his/her participation-with the likeliho that their image will appear on cable TV and the internet video stream showing their participation. A.R.S. 5 1-602 (A)(9) jignatulreof aParent/gGuard��ian�' Date 08126/201,9 Date: 01311Z 3 CITY OF APACHE JUNCTION REQUEST TO SPEAK FORM Please fill out completely and return to the City Clerk PRIOR to the conclusion of the City Manager's Report portion of the agenda. I would Like to speak on Agenda Item #: I would like to speak on a Non-Agenda matter re arding: h C-4 OD ��"�� I N 67 �� ��i��f� �� m131-,�/j niig�/U 5y0g5 ,q-4- 771.57 Dram Qvr� lt/ou/-E'wovlD )rA,!5 �--1-aSer- - Do you wish to speak before Council on this item? Yes No Only If Necessary ow fz U�-D )�a) W4 I am in favor of the proposed Item. I am opposed to the proposed Item. First Name Last Name C (PRINT) � 1�C3 23�2z/-/ & ADACAE- ,)(jC 0,51) 0 Address City Zip Code Telephone Email address This information will be used by staff for follow-up, if necessary. Speakers shall make comments directly to the Mayor and City Council when called up to speak at the podium. Note: Call to the Public comments have a three minute limit and Public Hearing comments have a -five rninute Eirri t. Consent for Minor to be Audio and/or Video Recorded: 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). ad !1 Signature of anent/ uardian Date 08/.26/20,19 CITY OF APACHE JUNCTION Mayor's Script Y p Tuesday, October 03, 2023 A. CALL TO ORDER - I would like to-call-this City of Apache Junction`Council Meeting_of_Oct ober 3 2023, to order and ask everyone to put their cell phones on.silent B. INVOCATION AND PLEDGE OF ALLEGIANCE The invocation will be led by; :. &t e pled' ' . y touncilmem er C. RO LL.CALL Roll Call, D. CONSENTAGENDA As:a reminder:-:All items under the:Consent Agenda will be approved with one motion. :If a councilt'hember wishes td rem:ove an item.for further discussion, the request Wilk be made prior to approving g_ roving the consent agenda and will be moved to . -- -- -� - --- - New.Business 1. Consideration of acceptance of ages-da. 2. Consideration bf approval of minutes of the Regular meeting of September 19. .2021 Do I have.a motion on the consent agenda? Wait.fo r the motion and the 2nd Roll Call E. AWARDS; PRESENTATIONS AND PROCLAMATIONS 3. Proclamation designating the week of October 16 through October 22, .2023, as "Arizona Cities and Towns Week." I Matt to cover I . 4. Proclamation recognizing.October as "Domestic Violence Awareness Month." 1..Chief Pooley 5. Proclamation recognizing the week of October 23-31,_2023 as "Red Ribbon Week." Chief Pooley F. REGIONAL INTERGOVERNMENTAL UPDATES 6. Regio_nal Intergovernmental meeting updates from Council G. CITY MANAGER'S REPORT 7. . 'City Manager's Report Bryant'to cover : 8. Announcement'of.Current Events, AI:Bravo to cover H. PUBLIC HEARINGS 9. Public hearing and consideration on the Fourth Amendment to the Economic Development Agreement between the City of Apache Junction and Mehmood Mohiuddin, owner of the Hitching Post. - - Bryant to present a. Any discussion.among council.? b. As a.public hearing,:would anyone like to speak_on this item? As speaker walks to podium loudly.announce: Please state your name and-address. You will have 5 minutes with a_,1 minute iwarning.j c. I will now close the public hearing and ask fora motion wait for the motion and the_2nd Roli Call I. .OLD BUSINESS -.{None at this-times J. NEW BUSINESS 10. Presentation, discussion, and possible consideration of a contract with Dick and Fritsche Design Group (DFDG) for long-term master planning services for city faCIIIt12S. Matt to.preseni Do I have a_motion on' this item? wait for the motion and the.2nd F61I Call 11. Presentation, discussion, and possible consideration on award of contract to Sunland Asphalt for parking lot and sidewalk/curbing work in various city park locations. Liz to present. D'I have a motion_on this item?l woit for the motion and the 2nd RoII:Celli K. COUNCIL DIRECTION TO STAFF L. SELECTION OF MEETING DATES, TIMES, LOCATIONS AND PURPOSES M. CALL TO PUBLIC would like to, remind everyone that the Call to the Public is'a.courtesy and required by - ---- - - It is..a time for the public'to:express requ"ests, communications; comments. and suggestions Request to speak forms must be completed and handed t0 the.city clerk beforethe end of the city mi nagpi s.report. All issues shall .be presented: in a professional- manner without.personal attacks., Under th&open meeting'law, the.council cannot engage in discussion on the issues d presented but may respond to criticism and may direct staff to follow up with the speaker directly acid/or place.this matter on a-future agenda for.council discussion Please state.your name'and address. 'You will have 3 minutes.with_a 1 minute. warning.,Publiccan speak (3 minutes); Does council have any requests for staff to follow upon?i N. ADJOURNMENT- Ladjourn this meeting' P4AGtfF✓ Meeting.location. Citv of A ache Junction,,Arizona City Council Chambers tl Mir z at City Hall Agenda 300�E.Superstition Blvd ktTO " Apache Junction;AZ City Counc Meeting 85119 apachejunctionaz.gov Ph:(480)982-8002 Tuesday,October 3,2023 7:OQ 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-Vevice of which ffie 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. 23-434 Consideration of acceptance of agenda. Sponsors: Jennifer Pena 2, 23=435" Gonsideratlon of approval of.minutes of the regular meeting,of September 19, 2023., , Sponsors: ,'Jennifer. Pena Attachments: —CCMIN 2023 09•..19.MINUTES DRAFT E. AWARDS, PRESENTATIONS"AND,PROCLAMATIONS Awards,presentations from other organizations proclamations issued by the mayor, and acknowledgerrienf' distinguished guests and visitors,and staff presentation of receipt of grant or donated funds are permitted at this-,time:.`.. - 3. 23-500 Proclamation designating the week of October 16 through October 22, 2023 as "Arizona Cities and Towns Week". Sponsors: Matt Busby Attachments:- 10 ,2023 AZ.Cities and Towns Week,,, 4. 23-508 Proclamation designating the month,of Qctober as"Domestic Violence Awareness Month." Sponsors: Michael Pooley Attachments: 10 2023 Domestic Violence City of Apache Jiinction;Arizona page-1 Printed on 9/28/2023" N City Council Meeting" w Agenda 0ct664;3,2023 5 23 509 Proclamation designating the week of October 23-31, 2023 as Red ". r: Ribbon We T t. Sponsor yMichael,,Pooley,,_ Attachments:' 10:2023 Red-Ribbon Week F. REGIONAL INTERGOVERNMENTAL UPDATES y The..mayor or any,member of council may at,this time present a brief ummary,of any regional f _ intergovernmental updates.However,no discussion' shall fake place on such items exceptfor.clarifying P comments related to spbstance,"time and.location. X 6. 23-436 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..' 7. 23'4374 City Manager's Report. Sponsors Bryant Powell. 8. 23-438 Announcement of Current,Events. Sponsors: Al Bravo 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 u ss additional time is granted by the mayor. This time limitation shall not apply to applicants and their agents appearing before the council. 9. 23-507 Public'hearing and c'onside'ration on the--Fourth Amendment to - Economic Development Agreement Between City of Apache Junction and Mehmood Mohiuddin-as owner of the`Hitching.Post Sponsors: Bryant Powell Attachments: `Staff Memo M.Mohiuddin Fourth'Amend Econ'Dev Aiamf: Econ.Dev Agmt COAJ.MMohiuddin I. OLD BUSINESS The council shall consider any business that has been previously considered and which is still unfinished to include those items previously postponed-or tabied.•Alo.membet 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:foi=m with the city clerk. `} City of Apache Junction;Arizona Page 2 Printed on 9/28/2023;" e� - s - City Council Meeting Agenda,. October.3,2023 J. NEWBUSINESS 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 -ay submitting a.written request-to-speak form with-the city clerk. 10. 23.460 ._ Presentation, discussion, and.possible consideration of contract with Dick and Fntsche Design Group (DFDG) in an amount of$169,.300.00, plus a contingency of$25,700.00`for a total not to'-exceed $105,000.00 for long-term master planning services for city facilities. This item was approved-as,;part.of the FY2024 budget. Sbonsois: - Matf Busby Attachments: StafFMemo'DFDG Master Plan`n ng'Services Agmt DFDG Master Plan Services 11. 23-514 Presentation, discussion, and possible consideration of contract with Sunland Asphalt for parking lot and sidewalk/curbing work in various locations throughout the parks.The work would be through the 1GPA Cooperative Contract, in an amount not to exceed $350,000.00 per year.The projects will be in fulfillment of general fund projects as well as projects associated with the Land Water Conservation Fund grant. Sponsors: Liz Langenbach Attachments: Staff Memo-Sunland Asphalt City of AJ Contract-Signed by Sunland 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. City'ofApache Junction,Arizona Page 3 Printed on 9/28/2623;.. Citv Council-Meeting Agenda ,,,.October 3;2023;; N. ADJOURNMENT Copies-of this agenda and-additional information on any.of the.items listed.aboye 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 rnv�tes.and welcomes people of all abilities fo use our programs,sites and facilities. Specific requests maybe made'by contacting the`Human Resources Office at(480)474-2617 `or TDD(480)983=0095.` The Apache Junction City Councitmayvote'io'go into Executive Session for legal advice on any item listed on this agenda pursuant to A.R.S. §38-431.03(A)(3);;this notice is given pursuant to A.R.S.§ 38-431.02 to the members of the City Council and the public. City of Apache Junction,Arizona Page 4 PrintIed'on_b128I 0?3