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HomeMy WebLinkAboutCC - Agendas - City Council - REGULAR - 5/14/2019 CITYoFPRESCO'TT CITY COUNCIL MEETING Ever w e a o w w VOTING MEETING AGENDA TUESDAY, MAY 14, 2019, 300 PM City Hall,201 South Cortez Street Prescott AZ 86303 • (928) 777-1272 Greg Mengarelli, Mayor Billie Orr, Mayor Pro Tern Jim Lamerson, Councilman Steve Blair, Councilman Alexa Scholl, Councilwoman Phil Goode, Councilman Steve Sischka, Councilman The following Agenda will be considered by the Prescott City Council at its Voting Meeting pursuant to the Prescott City Charter, Article II, Section 13. Notice of the meeting is given pursuant to Arizona Revised Statutes, Section 38-431.02. One or more members of the Council may be attending the meeting through the use of a technological device. 1. CALL TO ORDER 2. INTRODUCTIONS/ANNOUNCEMENTS 3. INVOCATION Charlotte Evans, Church of Jesus Christ of Latter Day Saints 4. PLEDGE OF ALLEGIANCE Mayor Pro Tern Orr 5. ROLL CALL 0 6. PRESENTATIONS 2019 World's Oldest Rodeo Update 7. PROCLAMATIONS A. Prescott Heritage Trail History Hunt, B. Motorcycle Safety& Awareness Month C. Memorial Day Generated 5/9/2019 10:28 AM Prescott City Council Voting Meeting —05/14/2019 Page 2 8. CONSENT AGENDA Items listed on the Consent Agenda may be enacted by one motion and one vote. If discussion is required by members of the governing body, the item will be removed from the Consent Agenda and will be considered separately. . A. Approval of minutes for the April 23; 2019 Special Meeting/Executive Session and the April 23, 2019 Voting Meeting. B. Award of City Contract 2019-196 to Ridgeline Builders in the amount of $91,190.99 for the construction of restrooms at the Constellation Trail trailhead. Funding is available in Transient Occupancy(bed) tax. C. Award of contract to Southern Tire Mart and Prescott Tire Pros utilizing Arizona State Contract No'.. CTR042117-1 for an n annual amount of $300,000.00 (City Contract No. 2019-220). D. Award City Contract 2019-222 to Test America Laboratories, Inc. for Water and Wastewater Analytical Services in an amount not. to exceed. $75,000.00 annually. Award City Contract 2019-223 to Legend Technical Services of Arizona, Inc. for Water and Wastewater Analytical Services in an amount not to exceed $75,000.00 annually. Funding is available in the Water and Wastewater Funds.. E. Award of City Contract No. 2019-219 to Asphalt Paving & Supply, .Inc., for the Prescott Lakes Parkway Water Main Extension Project, in the amount of$155,855.55. Funding is available in the Water Fund. F. Award of City Contract No. 2019-227 to Natina Products for the Willow Creek and 'Bashford Court Wall Treatments Project, in the amount of $30,467.00. Funding is available in the Streets Fund. G. Adoption of Resolution No. 2019-1688 for appointment of Fire Chief Dennis B. Light as Applicant Agent on Behalf of the City of Prescott Cost Recovery Efforts Regarding Winter Storm of February 21-22,2019. ADOPT RESOLUTION NO. 2019-1688 OF THE MAYOR AND COUNCIL OF THE CITY OF PRESCOTT, YAVAPAI COUNTY, ARIZONA, DESIGNATING - THE PRESCOTT FIRE CHIEF AS THE APPLICANT AGENT.TO.THE ARIZONA DIVISION OF EMERGENCY , MANAGEMENT FOR COST-RECOVERY EFFORTS; AND AUTHORIZING THE MAYOR AND STAFF TO TAKE ANY AND ALL STEPS NECESSARY TO ACCOMPLISH THE ABOVE. H. Adoption of Resolution No.' 2019-1693 approving the use of eminent domain to acquire property necessary for improvements to the Government Canyon Bridge.' ADOPT RESOLUTION NO. 2019-1693 OF THE MAYOR AND COUNCIL OF THE Prescott City Council Voting Meeting — 05/14/2019 Page 3 CITY OF PRESCOTT, YAVAPAI COUNTY, ARIZONA, APPROVING THE USE OF EMINENT DOMAIN TO ACQUIRE PROPERTY NECESSARY FOR IMPROVEMENTS TO THE GOVERNMENT CANYON BRIDGE. I. Adoption of Resolution No 2019-1692 approving the use of eminent domain to acquire property necessary for the Hope Street drainage improvements. ADOPT RESOLUTION NO. 2019-1692 OF THE MAYOR AND COUNCIL OF THE CITY OF PRESCOTT, YAVAPAI COUNTY, ARIZONA, APPROVING THE USE OF EMINENT DOMAIN TO ACQUIRE PROPERTY NECESSARY FOR THE HOPE STREET DRAINAGE IMPROVEMENTS. J. Approval of EBSCO Information. Services Contract No. 2019-215 in the amount of$12,500.00 per year. Funding is available in the General Fund. K. Approval for the Fire Department to apply for various Fiscal Year 2020 grant funding opportunities. L. RVP19-007, Revision of Plat of Foothill Meadows Unit I, subdividing one existing parcel into two parcels; Zoning is Single-Family 35 (SF-35). Owner: Matthew Sullivan; APN 106-07-021D. Location: 3217 Jack Drive. Recommended Action: MOVE to approve Consent Agenda Items 8.A. through 8.L. 9. CONSENT ORDINANCE A. Adoption of Ordinance No. 2019-1661 authorizing the Quit Claim of a portion of Sam Hill Property to Prescott College, Inc. ADOPT ORDINANCE NO. 2019-1661 OF THE MAYOR AND COUNCIL OF THE CITY OF PRESCOTT, YAVAPAI COUNTY, ARIZONA, AUTHORIZING THE QUIT CLAIM TO PRESCOTT COLLEGE, INC. ALL RIGHT, TITLE OR INTEREST IN THE REAL PROPERTY DESCRIBED IN THE ATTACHED QUIT CLAIM DEED, AND AUTHORIZING THE MAYOR AND STAFF TO EXECUTE ANY AND ALL DOCUMENTS TO EFFECTUATE SAID QUIT CLAIM. Recommended Action:Move to adopt Ordinance No.2019-1661, 10. LIQUOR LICENSE AGENDA A. NEW LICENSES 1. Public Hearing and consideration for a New liquor license application for a Series 9 Liquor Store liquor license from Kim Kenneth Kwiatkowski, applicant, for Circle K Store #9525; Location: 940 Willow Creek Road. Recommended Action: 1) MOVE to close the Public Hearing; 2) MOVE to approve/ deny/make no recommendation for Liquor Prescott City Council Voting Meeting — 05/14/2019 Page 4 License Application No. 56734 for a new Series 9 Liquor Store liquor license, for Circle K Store #9525; Location: 940 Willow Creek Road. 2. Public Hearing and consideration for a New liquor license application for a Series 1.2 Restaurant liquor license from Bao Myia Vang, applicant, for Fujiyama Japanese Restaurant & Sushi Bar; Location: 1781 East Hwy 69#15. Recommended Action: 1) MOVE to close the Public Hearing; 2) MOVE to approve/ deny make no recommendation for Liquor Li- cense Application No. 59591 for a New Series 12 Restaurant liquor license, for Fujiyama Japanese Restaurant & Sushi Bar; Location: 1781 East Hwy 69#15. 11. REGULAR AGENDA A. Appointment of Members to the Board of Adjustment and the Pedestrian, Bicycle and Traffic Advisory Committee. Recommended Action: MOVE to approve the recommendations of the Council Subcommittee for Appointments for appointments to the Board of Adjustment and the Pedestrian, Bicycle & Traffic Advisory Committee as presented in Attachment 1. B. Public Hearing for City of Prescott's Community Development Block Grant (CDBG) Program Draft PY2019 Annual Action Plan and Adoption of CDBG Annual Action Plan (Resolution No. 2019-1685). ADOPT RESOLUTION 2019-1685 OF THE MAYOR AND COUNCIL OF THE CITY OF PRESCOTT, YAVAPAI COUNTY, ARIZONA, AUTHORIZING SUBMISSION OF THE ANNUAL ACTION PLAN FOR PROJECT YEAR 2019 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS ("CDBG"), CERTIFYING THAT SAID PLAN MEETS THE COMMUNITY'S PREVIOUSLY IDENTIFIED FIVE YEAR CONSOLIDATED PLAN GOALS AND AUTHORIZING ALL ACTIONS NECESSARY TO IMPLEMENT AND COMPLETE THE ACTIVITIES OUTLINED IN SAID PLAN. Recommended Actions: 1) CLOSE the final Public Hearing on the CDBG Annual Action Plan for PY19 Hearing and 2) MOVE to adopt Resolution No. 2019-1685. C. Award of City Contract No. 2019-209 to Cactus Transport, Inc DBA: Cactus Asphalt for the FY19 Pavement Preservation - Chip Seal, in the amount of$548,314.57. Funding is available in the Streets Fund. Recommended Action:MOVE to approve City Contract No. 2019 209. Prescott City Council Voting Meeting —05/14/2019 Page 5 D. Award of City Contract No. 2019-208 to Sunland Asphalt & Construction Inc. including night work for the SR89 Pavement-Rehabilitation Project, in the amount of$1,222,722.00.00. Funding is available in the Streets Fund.. Recommended Action: MOVE to award City Contract No. 2019-208 to Sunland Asphalt& Construction Inc. E. Resolution No. 2019-1689 Declaring the document titled "Chapter 3-14: Development Fees" a public record, and Ordinance No. 2019-1662 Amending the lIP and LUA, and adopting updated Development Impact Fees. ADOPT RESOLUTION NO. 2019-1689 OF THE MAYOR AND COUNCIL OF THE CITY OF PRESCOTT, ARIZONA, DECLARING AS A PUBLIC RECORD THAT CERTAIN DOCUMENT FILED WITH THE CITY CLERK AND ENTITLED "CHAPTER 3-14: DEVELOPMENT FEES", WHICH DOCUMENT AMENDS PRESCOTT CITY CODE TITLE III, CHAPTER 3-14 ("DEVELOPMENT FEES"). - ADOPT ORDINANCE NO. 2019-1662 OF THE MAYOR AND COUNCIL OF THE CITY OF PRESCOTT, YAVAPAI COUNTY, ARIZONA, AMENDING TITLE III, CHAPTER 3-14 ("DEVELOPMENT FEES"); ADOPTING DEVELOPMENT, FEES; ADDING A SEVERANCE CLAUSE;AND.ESTABLISHING AN EFFECTIVE DATE. Recommended Action: 1. MOVE to adopt Resolution No. 2019-1689; and 2. MOVE to adopt Ordinance No. 2019-1662. . F. . Adoption of Resolution No. 2019-1691, approving the Kile Street Water Line Development Agreement with Westridge Preserve-LLC, City Contract 2019-226. ADOPT RESOLUTION NO.2019-1691 OF THE MAYOR AND COUNCIL OF THE CITY OF PRESCOTT, YAVAPAI COUNTY, ARIZONA, APPROVING A DEVELOPMENT AGREEMENT WITH WESTRIDGE PRESERVE, LLC. - Recommended Action: MOVE to adopt Resolution No. 2019-1691 and approve City Contract 2019-226. . G. Award, of City Contract No. 2019-225 to .Fann Contracting, Inc: for the Yavapai Hills Drainage Improvements Project -in an amount of $169,444.53. Funding is available in the Streets Fund. Recommended Action: MOVE to approve City Contract No. 2019-225. H. Legislative Update 12. ADJOURNMENT - EXECUTIVE SESSION Upon a public majority-vote of a quorum of the City Council, the Council may hold an executive session,which will not be open to the public, regarding any item listed on the agenda but only for the following purposes: . - Prescott City Council Voting Meeting - 05/14/2019 Page 6 (1) Discussion or consideration of personnel matters (A.R.S.§38-431.03(A)(1)); (2) Discussion or consideration of records exempt by law(A.R.S.§38-431.03(A)(2)); (3)_ Discussion or consultation for legal advice with the city's attorneys (A.R.S. §38- 431.03(A)(3)); (4) Discussion or consultation with the city's attorneys regarding the city's position regarding contracts that are the subject of negotiations, in pending or contemplated litigation, or in settlement discussions conducted in order to avoid'litigation (A.R.S. §38-431.03(A)(4)); (5) Discussion or consultation with designated representatives of the city to consider its position and instruct its representatives regarding negotiations with employee organizations (A.R.S.§38-431.03(A)(5)); (6) Discussion, consultation or consideration for negotiations by the city or its designated representatives with members of a tribal council, or its designated representatives, of an Indian reservation located within or adjacent to the city (A.R.S. §38-431.03(A)(6); (7) Discussion or consultation with designated representatives of the city to consider its position and instruct its representatives regarding negotiations for the purchase, sale or lease of real property(A.R.S.§38-431.03(A)(7)). THE CITY OF PRESCOTT ENDEAVORS TO MAKE ALL PUBLIC MEETINGS ACCESSIBLE TO PERSONS WITH DISABILITIES. With 72 hours advanced notice, special assistance can be provided for sight and/or hearing-impaired persons at this meeting. Reasonable accommodations will be made upon request for persons with disabilities or non-English speaking residents. Please call the City Clerk (928) 777-1272, to request an accommodation to participate in this public meeting. Prescott TDD number is (928)445-6811.Additionally,free public relay service is available from Arizona Relay Service at 1-800-367-8939 and more information at www.azrelay.ora Confidentiality Arizona statute precludes any person receiving executive session information from disclosing that information except as allowed by law. A.R.S. §38-431.03(F). Each violation of this statute is subject to a civil penalty not to exceed $500, plus court costs and attorneys'fees.This penalty is assessed against the person who violates this statute or who knowingly aids, agrees to aid or attempts to aid another person in violating this article. The city is precluded from expending any public monies to employ or retain legal counsel to provide legal services or representation to the public body or any of its officers in any legal action commenced for violation of the statute unless City Council takes a legal action at a properly noticed open meeting to approve of such expenditures prior to incurring any such obligation or indebtedness.A.R.S.§38-431.07(A)(B). CERTIFICATION OF POSTING OF NOTICE The nde i ed herebb 9ertifies that a copy of the foregoing notice was duly posted at Prescott City Hall on at `_'7 .bop.m.in accordance with the statement filed by the Prescott City Council with the ity le t o— Maureen Scott,MMC,City Clerk" 1 N Prescott *f erita e Trail , Pawn-town At p ._.... 1 Nwtt1T AC E TILL `--�+...� /t i • ► re ' r /44•Slcikl 11 N ....r., I H. o . u `ram z rA ,t I,7 ki • ► +.6Bloc; W GURLEY ST � 4 2 Blocks',. ,, , - � { 13 H <r, I/`� '` ' : CA H 11 43' •. s 44 r+ s,m's •'".. '\UNION ST j •rosswalk SanitantlE was V Prescott Chamber Visitor Information --7 I Center • 1 ~W �� ( lrecctt, - -- , „ -_ v, ARIZONA W GOOD WIN•.N S 1 4• TRUE WEST.REAL ADVENTURE. 2 *City HA HISTORY HUNT ADVENTURE come to the Prescott Heritage 10. ROUGHRIDER STATUE rail! This self-guided historical '=�Qi 11. WAR MEMORIAL alking tour brings Prescott's 1 vT AGE AIL 12. YAIIAPAI COUNTY COURTHOUSE •‘`''ii A ory and heritage to you in about 13. STATEHOOD TREE v an hour long walk around the famed Courthouse Plaza in the heart of our 14. BASHFORD BURMISI'ER COMPANY downtown res o 15. BASHFORD/UNION BLOCK Be sure to check back with us each year r 16. PRESCOTT NATIONAL BANK as the number of sites continue to be add- 17. BANK OF ARIZONA ed to the Heritage Trail. The History Hunt STORY 10. KNIGHTS OF PYTHIAS Adventure Guide is now ready to be picked 19. GOLDWATER STORE up at the Prescott Chamber Visitor Infor- 20. WELL ON PLAZA mation Center. This fun and interactive 1. CITY JAIL Z. RUFFNER PLAZA STABLES Z. CITY HALL HOWEY'S HALL guide is for youngsters,students,families 'Sr STATUE and visitors to explore Prescott's heritage 3. FIRE OF 1900 ZZ. FEDERAL BUILDING in their own special way. 4. MONTEZUMA STREET STOPS Z3. ELKS THEATER&OPERA HOUSE Also,be sure to visit our area museums (MONTEZUMA STREET& and center:The Western Heritage Cen- BEGINNINGS) 24. THE CARNEGIE LIBRARY ter and Phippen,Sharlot Hall and Smoki S. PALACE SALOON 25. HASSAYAMPA INN I museums. For updates or to download G. ST. MICHAEL HOTEL Z6. WESTERN HERITAGE CENTER this map,go to www.trailandhunt.com,or 7. MIKE THE DOG Z7. SHARLOT HALL MUSEUM k call the Prescott Chamber Official Visitor O. CENTENNIAL TREE 20. SMOKI MUSI1EM Center at 800-266-7534. 9. TIMELINE BY FRAN WILDMAN 29. PHIPPEN MUSEUM p X ,' Itt9 - - PHIPPEN USEUM liti.. ; Grani, 0.� SHARLOT HALL MUSEUM 69 cs Il Two blocks west of the Courthouse Plaza v0 �� J' 415 W. Gurley Street I Prescott,AZ 86301 o of 928.445.3122 I sharlot.org o .,,, A 5.., ,,„k,i,-. 1 U .,,,.. 'Woo TREE LN WA tsovi. SMOKI MUSEUM Lake Six blocks east of the Courthouse Plaza 147 N Arizona Ave I Prescott,AZ 86304 928.445.1230 I smokimuseum.org *kr o ROSSER ST PHIPPEN ? MUSEUM �q �A� PHIPPEN MUSEUM w Seven miles north of the Courthouse Plaza 4Ii' • 4701 N State Route 89 I Prescott,AZ 86301 928.778.1385 I phippenartmuseum.org 11, , \s/N 6 U,tE(,9 Al t SHELDON pj / ST AT RO 2 WESTERN HERITAGE CENTER On historic Whiskey Row Mu°s uM 156 C South Montezuma I Prescott,AZ 86303 !A?WT HERJT E 928.910.2307 I visitwhc.org lk am CENTE I 8.A CITYoN PRESCOTT Ep yfXefiactueell, COUNCIL AGENDA MEMO MEETING DATE/TYPE: VOTING MEETING 5-14-19 DEPARTMENT: City Clerk AGENDA ITEM:Approval of minutes for the April 23, 2019 Special Meeting/Executive Session and the April 23, 2019 Voting Meeting._ I Approved By: Michael Lamar, City Manager Item Summary Attached for approval are the City. Council minutes for the April 23, 2019 Special Meeting/Executive Session and the April 23, 2019 Voting Meeting. Attachments 1. April 23, 2019 Voting Meeting Minutes 2. April 23, 2019 Special Meeting/Executive Session.Minutes Recommended Action: MOVE to approve the City Council Minutes as presented. Packet Pg.7 I I 8.A.a I CITYoFi SCOTT CITY COUNCIL MEETING Epy� wR IZ O•N J VOTING MEETING MINUTES TUESDAY, APRIL 23, 2019, 3:00 PM Council Chambers, 201 South Cortez Street Prescott AZ 86303 (928) 777-1272 Greg Mengarelli, Mayor Billie Orr, Mayor Pro Tern Jim Lamerson, Councilman Steve Blair, Councilman Alexa Scholl, Councilwoman 2 Phil Goode, Councilman Steve Sischka, Councilman MINUTES OF THE VOTING MEETING OF THE PRESCOTT CITY COUNCIL HELD ON APRIL 23, o 2019, in the.COUNCIL CHAMBERS LOCATED AT 201 SOUTH CORTEZ STREET, PRESCOTT, ARIZONA. 2 a a 1. CALL TO ORDER N Mayor Mengarelli called the meeting to order at 3:00 p.m. 2. INTRODUCTIONS/ANNOUNCEMENTS 3. INVOCATION Pastor Mike Cool, LifePointe Church 0 4. PLEDGE OF ALLEGIANCE r 0 Councilman Sischka > o) 5. ROLL CALL N Greg Mengarelli Mayor (.1 •c Billie Orr Mayor Pro Tem Steve Blair Councilman Phil Goode Councilman Jim Lamerson Councilman Alexa Scholl Councilwoman Steve Sischka Councilman 6. PROCLAMATIONS • A. American Legion Centennial Day Councilman Goode presented the Proclamation to Commander Clarence S. Scott III and members of the Ernest A. Love Post 6 of the American Legion. B. Earth Week 2019 Generated 4/24/2019 11:06 AM I Packet Pg. 8 I I 8.A.a I Prescott City Council Voting Meeting — 04/23/2019 Page 2 Mayor Pro Tern Orr presented the Proclamation to Patrick Grady and members of the Yavapai Climate Change Coalition. C. National Police Week Councilman Blair presented the Proclamation to Chief Black and members of the Prescott Police Department. D. National EMS Week Councilman Lamerson presented the Proclamation to Chief Light and members of the Prescott Fire Department. N 7. PRESENTATIONS Arizona Public Service (APS) Fire Mitigation Protocol Schedule 0 Mackenzie Rodgers, Northwest Manager for APS, provided a presentation to Council regarding the current Fire Mitigation Protocol Schedule as we enter into fire 0 season. Reliability and safety are APS's core values and they work to support public 0 safety in conjunction with other public service organizations. Being fire wise is a year .. round goal for APS. N They provide a public safety hotline for customers and conduct regular public safety line patrol and other high fire risk protocols on a regular bases. Outage Maps and notifications are available through the APS app. C) 8. CONSENT AGENDA d d 2 COUNCILWOMAN SCHOLL MOVED TO APPROVE CONSENT AGENDA ITEMS 8.A., 8.B., 8.C., 8.E. AND 8.F.; SECONDED BY COUNCILMAN SISCHKA: PASSED [7-0]. o, r O A. Approval of minutes for the April 9, 2019 Study Session and the April 9, 2019 Voting Meeting. N 0. B. Adopt Resolution 2019-1686 providing notice of the August 27, 2019 a Primary Election and the November 5, 2019 General Election. E ADOPT RESOLUTION NO. 2019-1686 OF THE MAYOR AND COUNCIL OF THE CITY OF PRESCOTT, YAVAPAI COUNTY, ARIZONA, PROVIDING NO- TICE- OF THE PRIMARY ELECTIONS TO BE HELD ON AUGUST 27, 2019, AND NOVEMBER 5, 2019, RESPECTIVELY; AND AUTHORIZING THE CITY CLERK TO ENTER INTO ANY AGREEMENTS NECESSARY TO PROVIDE SERVICES FOR SUCH ELECTIONS. C. Approval of City Contract No. 2019-214 for banking services between the City of Prescott and Wells Fargo Bank. D. Adoption of Resolution No. 2019-1687, First Amendment to Whispering Rock Pre-Annexation and Development Agreement, City Contract 2019- 101A1. ADOPT RESOLUTION NO. 2019-1687 OF THE MAYOR AND COUNCIL OF THE I Packet Pg.9 I I 8.A.a I Prescott City Council Voting Meeting —04/23/2019 Page 3 CITY OF PRESCOTT, YAVAPAI COUNTY, ARIZONA, AUTHORIZING THE CITY TO ENTER INTO A FIRST AMENDMENT TO WHISPERING ROCK PRE- ANNEXATION DEVELOPMENT AGREEMENT (CITY CONTRACT NO. 2019-101); AND AUTHORIZING THE MAYOR AND STAFF TO TAKE ANY AND ALL STEPS NECESSARY TO ACCOMPLISH THE ABOVE. This Item was pulled from the Consent Agenda by Councilman Goode for further discus- sion. Mayor Mengarelli recused himself from discussion regarding this Item. Councilman Goode stated that he feEls maximum transparency is important and asked that the City Manager discuss the specifics of the amendment and any poten- tial costs that would be associated with it. 6' City Manager Michael Lamar commented that in the original Development Agreement the developer, Dr. Askari, was to have performed the work and then be reimbursed by 6 the City. However, it has been determined that the preferable methodology for completing the work is that the_city should simply complete it, rather than reimbursing L •the developer. There is no additional cost, it is simply a matter of timing. a COUNCILMAN LAMERSON MOVED TO APPROVE CONSENT AGENDA ITEM 8.D.; SECONDED BY COUNCILMAN SISCHKA: PASSED [7-0]. E. Correction to City Contract No. 2019-179 for Peaks View Apartment project. F. Approval of City Contract No. 2019-218 with Mobile Concepts Technology 5, to Replace Mobile Data Computers, in an amount not to exceed $64,383.51 using National IPA Contract Number 171725-01 Pricing. Funding is available in the General Fund. 9. LIQUOR LICENSE AGENDA ° A. NEW LICENSES N • 1. Public Hearing and consideration for a New liquor license application for a Series 12 Restaurant liquor license from Lisa Beth a Lucidi, applicant, for Lucy Dees BBQ; Location:. 669 E Sheldon Street. E Applicant Lisa Beth Lucidi was in attendance and addressed Council regarding the a application and the work being done on the building as well as the upcoming opening of a the restaurant. She stated that this is her 15th restaurant and that her husband is the general contractor. MAYOR PRO TEM ORR' MOVED TO CLOSE THE PUBLIC HEARING; SECONDED BY COUNCILMAN BLAIR: PASSED [7-0]. MAYOR PRO TEM ORR MOVED TO APPROVE ITEM 9.A.1.; SECONDED BY COUN- CILMAN BLAIR: PASSED [7-0]. - 2. Public Hearing and consideration for a New liquor license application for a Series 12 Restaurant liquor license from Marc William Mereness, applicant, for Carmelas; Location: 118-120 N Montezuma Street. I Packet Pg. 10 I I 8.A.a I Prescott City Council Voting Meeting —04/23/2019 Page 4 Applicant's business partner Kevin Cook addressed Council regarding the restaurant's menu and bar and discussed that they would like to be open in approximately 6 weeks at the former El CharRo location. COUNCILWOMAN SCHOLL MOVED TO CLOSE THE PUBLIC HEARING; SECONDED BY COUNCILMAN SISCHKA: PASSED [7-0]. COUNCILWOMAN SCHOLL MOVED TO APPROVE ITEM 9.A.2.; SECONDED BY COUNCILMAN SISCHKA: PASSED [7-0]. 3. Public Hearing and consideration for a New liquor license application for a Series 12 Restaurant liquor license from Lauren Kay Merrett, applicant, for LazyG Brewhouse; Location: 220 W Leroux Street. E w LazyG Brewhouse owner Jim Bellington addressed Council regarding the new ° restaurant and it's.large open space concept which will house a brewery serving a full c menu lunch.and dinner and craft their .own beer on premise. They will also service a Arizona wines, ciders and meads. The goal is to be open before the July 4th Holiday, and to serve as the anchor of the growth on the south end of Granite Creek Corridor. COUNCILWOMAN SCHOLL MOVED TO CLOSE THE PUBLIC HEARING; SECONDED BY COUNCILMAN SISCHKA: PASSED [7-0]. COUNCILWOMAN SCHOLL MOVED TO APPROVE ITEM 9.A.3.; SECONDED BY COUNCILMAN SISCHKA: PASSED [7-0]. 4. Public Hearing and , consideration for a New liquor license 2 application for a Series 3 In State Micro Brewery liquor license from Lauren Kay Merrett, applicant, for LazyG Brewhouse; Location: 220 W Leroux Street. o� 0 COUNCILWOMAN SCHOLL MOVED TO CLOSE THE PUBLIC HEARING; M SECONDED BY COUNCILMAN SISCHKA: PASSED [7-0].• COUNCILWOMAN SCHOLL MOVED TO APPROVE ITEM 9.A.4.; SECONDED BY COUNCILMAN SISCHKA: PASSED [7-0]. 10. REGULAR AGENDA a A. Public Hearing for City of Prescott's Community Development Block Grant (CDBG) Program Draft PY2019 Annual Action Plan. Community Development Director Bryn Stotler began the presentation to Council regarding the annual CDBG. process and reviewed what the CDBG Citizens Advisory Committee (CAC) has done with review of applications for this grant cycle. She acknowledged present CAC Members Chairman Jerry Jones, Mary Ann Suttles, Connie Cantelme and YCCA Member Sandy. Griffis. Ms. Stotler introduced CDBG Program Coordinator Michelle Chavez to continue the presentation. Ms. Chavez continued the presentation with a review of the CDBG program and discussed Prescott's status as a HUD funded Entitlement Community which receives approximately $258,000 per year to assist funding for ,Construction (65%), Public Service (15%) and Administration (20%) projects to help develop viable I acket Pg. 11 communities through the provision of: P I 8.A.a I Prescott City Council Voting Meeting — 04/23/2019 Page 5 *Decent, safe and sanitary housing *Suitable living environment • *Expand economic development opportunities *Primarily for low to moderate income persons and projects presented. Prescott CDBG Overview: *Competitive Grant Funds *Currently on an annual funding cycle *Traditionally non-profit and public facility based *70% of funds must be spent on Low to Moderate Income (LMI) residents *Prescott typically spends 100% of LMI Ms. Chavez introduced CAC Chairman Jerry Jones to review the Proposed Projects for 2019 funding that the committee has reviewed and is recommending. 46 Mr. Jones thanked Council for their time and discussed the nine applications that the r CAC received and reviewed this year. o a a These six projects were selected: Public Service Projects: co *West Yavapai Guidance Clinic-Senior Peer Program-$22,327.00 N *People Who Care-Transportation for low income and disabled adults-$10,000 *The Launch Pad Teen Center-Youth Workforce Development Program-$6,373.00 Construction Projects: *Prescott Area Shelter Services-Expansion Project-$25;000 *US Vets-Whipple Street Project (HVAC)-$86,899.00 *Coalition for Compassion and Justice-Renovation/Addition to 531 Madison Ave. $55,801.00 rn 0 Mayor Mengarelli thanked the CAC Members for their work on the Committee. 0 Councilman Lamerson echoed Mayor's comments and thanked Ms. Suttles and Mr. Jones for getting the CDBG Program going here in Prescott and establishing Prescott as an Entitlement Community. a Mayor Pro Tern Orr commented on the importance of administering our own program because it enables us to distribute funds in the way we do where other communities are not able to do that. She also thanked the Committee members for their hard work. co Councilman Goode shared how much diligent work the committee has put into these projects and to ensure that benefits of the program go to as many as possible and the value of the funds are well spent. COUNCILMAN SISCHKA MOVED TO APPROVE ITEM 10.A.; SECONDED BY COUNCILMAN GOODE: PASSED [7-0]. B. Legislative Update I Packet Pg. 12 I I8.A.a I Prescott City Council Voting Meeting —04/23/2019 Page 6 Assistant to the City Manager Tyler Goodman provided a presentation to Council regarding the status of the current Legislative Session. Mr. Goodman discussed that the Governor has signed HB2318 which will ban texting while driving. _ Mayor Mengarelli asked the City Attorney to review how the City's Ordinance can now be enforced with this passing. City Attorney Jon Paladini discussed that the bill was adopted by "emergency clause" because of the need to get it onto the drivers test as soon as possible. The law will go into effect as a warning only until Jan. 1, 2021, but local governments who have code already in place may continue to enforce until that time and his recommendation would be to do that. 0 Councilman Goode stated that he supports maintaining our enacted statute, and that he feels it will help people transition into becoming accustomed to the state legislation. a Mayor,Pro Tern Orr asked if we will be doing any additional work to ensure that tourists are aware of the City's Ordinance. v Mr. Paladini stated that there is already signage out and additional information can be added in lodges in other area to ensure the information is out there. rn Mr. Goodman continued the discussion with a review of HB2702 regarding online remote sellers and the impacts this proposed legislation will have on model city tax code. The League of AZ Cities is working closely with legislators to make this work for all sides. c Additional items of note: o *HB2672 Vacation Rentals: has passed the House and will be heard on Senate floor M this week, likely to be signed by Governor . N *HB2115.- Landlord/Tenant Preemption: has passed the House and Senate Committee, currently awaiting Senate COW *SB1001 - Highway Safety Fee Repeal: has passed Senate and House Transportation and Appropriations Committee, awaiting House COW _ *HB2047 - HURF Distribution: would be beneficial for cities and towns (Prescott alone likely to see additional $276,000 locally), has passed House and Senate No formal action taken., report was received and filed. 11. ADJOURNMENT Quote: "Freedom is never more than one generation away from extinction. We didn't pass it to our children in the bloodstream. It must be fought for, protected and handed onto them to do the same." - Ronald Reagan There being no further business to discuss, Mayor Mengarelli adjourned the meeting at 4:14 p.m. I Packet Pg. 13 I I8.A.a I Prescott City Council Voting Meeting —04/23/2019 Page 7 GREG MENGARELLI, Mayor ATTEST: MAUREEN SCOTT, City Clerk 2 • w CERTIFICATION To - > 0 I hereby certify that the foregoing minutes are a true and correct copy of the minutes of a the Voting Meeting of the City Council of the City of Prescott, Arizona held on the 23rd day of April, 2019. I further certify the meeting was duly called and held and that a quorum was present. UJ Dated this day of , 2019. AFFIX CITY SEAL CD Maureen Scott, City Clerk 0 O N ' N cC Q • I Packet Pg. 14 I I 8.A.b I CITYOF! ®: .�SCOTT -y CITY COUNCIL MEETING 4w e I z o w w CIAL MEETING-EXECUTIVE SESSION MEETING.MINUTES TUESDAY, APRIL 23, 2019, 1:00 PM Lower Level Conference Room, 201 South Cortez Street Prescott AZ 86303 (928) 777-1272 w 12 Greg Mengarelli, Mayor Billie Orr, Mayor Pro Tern Jim Lamerson, Councilman o Steve Blair, Councilman Alexa Scholl, Councilwoman Phil.Goode, Councilman Steve Sischka, Councilman o MINUTES OF THE EXECUTIVE SESSION MEETING OF THE PRESCOTT CITY COUNCIL HELD ON APRIL 23, 2019, in the LOWER LEVEL CONFERENCE ROOM LOCATED AT 201 SOUTH CORTEZ STREET, PRESCOTT, ARIZONA. N N d 1. CALL TO ORDER =' Mayor Mengarelli called the meeting to order at 1:00 p.m. c 2. ROLL CALL CO Greg Mengarelli Mayor Billie Orr Mayor Pro Tern Steve Blair Councilman d Phil Goode Councilman Jim Lamerson Councilman Alexa Scholl Councilwoman d Steve Sischka Councilman 2 To 3. CALL TO ENTER EXECUTIVE SESSION CO COUNCILWOMAN SCHOLL MOVED TO CONVENE INTO EXECUTIVE SESSION; SECONDED BY COUNCILMAN LAMERSON: PASSED 7-0. N 4. EXECUTIVE SESSION N O. A. LEGAL MATTERS Discussion or consultation for legal advice with the city's attorneys; discussion or consultation with the attorneys of theco public body regarding ongoing litigation; discussion or consultation with the City's attorneys regarding contracts that are the subject of negotiations (A.R.S. §38-431.03(A)(3)& (4). 1. Discussion of potential lawsuit regarding opioid manufacturers. • Generated 4/25/2019 12:49 PM I Packet Pg. 15 I I 8.A.b I Prescott City Council Executive Session Meeting — 04/23/2019 Page 2 2. Amendment to Whispering Rock Development Agreement. 3. Discussion of Intergovernmental Agreement with Chino Valley to provide water for fire systems. 4. Discussion and legal advice of City Water Rights, Codes and Policies. 5. ADJOURNMENT There being no further business to conduct, Mayor Mengarelli adjourned the Executive Session and the Special Meeting at 2:30 p.m. 0 a a GREG MENGARELLI, Mayor a N ATTEST: MAUREEN SCOTT, City Clerk y V CERTIFICATION w 0) I hereby certify that the foregoing minutes are a true and correct copy of the minutes of d the Executive Session Meeting of the City Council of the City of Prescott, Arizona held on the 23rd day of April, 2019. I further certify the meeting was duly called and held and that a quorum was present. a Dated this day of , 2019. AFFIX CITY SEAL w Maureen Scott, City Clerk . a I Packet Pg. 16 I I 8.B I 6itYoi'PREP rSCOTT Eve,./7 /H;tozefd[U/D . COUNCIL AGENDA MEMO MEETING DATE/TYPE: VOTING MEETING 5-14-19 DEPARTMENT: Recreation Services AGENDA ITEM: Award of City Contract 2019-196 to Ridgeline Builders in the amount of $91,190.99 for the construction of restrooms at the Constellation Trail trailhead. Funding is available in Transient Occupancy (bed) tax. I Approved By: Michael Lamar, City Manager Item Summary The Recreation Services department issued an Invitation to Bid (IFB) for the construction of new restrooms at the Constellation Trail trailhead. Background The Constellation Trail Restroom Project consists of building a new restroom at the trailhead. Four bids were received with the results per the following: Ridgeline Builders I $ . 91,190.99 IAt Your Service I $ 1.07,463.00. I I Commercial Builders Assoc. I $ 128,200.00 I I Delta Construction I $ 178,696.00 I After review, it was deemed that Ridgeline Builders is the lowest, most responsive bidder. City staff recommends awarding this contract to Ridgeline Builders. Project is to be complete by June 30, 2019. Financial Impact Funding for this project is available in the FY 19 from Transient Occupancy (bed) tax. Attachments 1. Ridgeline Builders IFB Response Recommended Action: MOVE to approve City Contract No. 2019-196. I Packet Pg. 17 IFB#2019-196 Constellation Trail Restroom l'oJeet I 8•B•a I • CITYoFP '.'ESCI TT y y 0 0 4i3'ilitotd~ L Invitation for Bids (IFB) To No. 2019-196 For s Constellation Trail Restroom Project N O Specifications N and N O Contract Documents re m yl CD a , BID OPENING: April 18, 2019 co City of Prescott City Clerk's Office 201 S. Cortez Street Prescott, Arizona 86303 This solicitation, all addenda and information regarding the submittal requirements of this IFB are available on the City of Prescott website at http://www.prescott-az.gov/business/bids/. 1 Packet Pg. 18 IFBl 2019- - Constellation Trail Restroom Frojl 8.B,a I SCHEDULE OF EVENTS Constellation Trail/Restrooms Project Solicitation Information and Schedule DESCRIPTION: The.project consists of construction of restrooms at the Constellation Trail Trailhead PROJECT NUMBER: 2019-196 RELEASE DATE: March 18,2019 MANDATORY PRE-BID CONFERENCE: -March,27,2019 at 10:00 am o Constellation Trail Parking Lot 4708 N. State Route 89 re Prescott,Arizona 86301 L. a I- DEADLINE FOR INQUIRIES: April 11,2019 at 10:00 am BID OPENING: April 18,2019 at 2:00 pm City Council Chambers 201 S. Cortez Street Prescott,Arizona 86303 co PROJECT CONTACT: Pam Risaliti,C.P.M., CPPB (928)777-1659 pam.risalitianrescott-az.gov a In accordance with local and State law, sealed bids will be received by the Office of the City Clerk at 201 S. Cortez Street, Prescott, Arizona 86303, until 2:00 pm on the date specified above, for the u° services specified herein. Bids will be opened and read aloud at the above noted date,time and location. Any bid received at or after 2:00 pm on the referenced date will be returned unopened. The City of Prescott reserves the right to accept or reject any or all bids, and/or some or all of the alternates bid, and waive any informality deemed in the best interest of the City and to reject the bids of any persons who have been delinquent or unfaithful in any contract with the City. Copies of the Plans, Project Specifications and, Contract Documents are available for inspection by ec contacting the Contract Specialist listed herein or on the City's website at http://www.nrescott- az.gov/business-development/Durchasinalbid-listines/. • • I Packet Pg. 19 I IFB)2019.196 IIII Constellation Trail Restroom Project . .8 E{a I TABLE OF CONTENTS' SCHEDULE OF EVENTS 2 SECTION 1: SPECIFICATIONS/SCOPE OF WORK/PROJECT SCHEDULE 4 1.1 Specifications/Scope of Work 4 1.2 Project Schedule.. 4 SECTION 2: Solicitation Process Requirements .5 SECTION 3: GENERAL TERMS AND CONDITIONS 7 SECTION 4: STANDARD BID INFORMATION 12 SECTION 5: INSTRUCTIONS FOR SUBMITTAL FORMS: 13 Form A—Solicitation Response Cover Sheet 14 Form B—Proposal 15 Form C—Bid Certification 17 Form D—Non-Collusion Certificate • 18 Form E—Certificate of Ownership 19 Form F—Bidder Qualifications,Representations and Warranties 20 o Form G—References Form 221 Form H—Proposed Staging Locations 22 Construction Contract—Draft 23 I- O :c. co 0) If) O U <O N 0) N • C 0 Q N CO I1 N a) co i d O C) C) r C O E s U ca q1 Packet Pg.20 I IFBH 2O19.I •8.B.a Constellation Trail Re 1room Proj11 SECTION,is SPECIFICATIONSiSCOPE OF*mik/PROJECT SClittitI;E 1.1 Snecifications/Scone of Work The Constellation Trail Restroom Project consists of building a new restroom at the trailhead per the plans and specifications. The intent of the Plans and Specifications is to prescribe a complete work for the described project which the Contractor shall perform in a manner acceptable to the Recreation Services Director and in full compliance with the terms of the Contract. Unless otherwise specified, the Contractor shall furnish all materials,labor,tools, equipment, water, light,power,transportation, superintendence,temporary construction of every E nature, and incidentals, but not limited to, dust and traffic control measures, and to perform o all work involved in executing the Contract in a satisfactory and workmanlike manner within the specified time. cc All standard specifications and details referenced, unless otherwise noted, shall conform to all the City of Prescott Standard Specifications and Detail Drawings. r 1.2 Project Schedule The Contractor shall fully complete all work under this Contract within Thirty (30) calendar days beginning with the calendar day as noted in the Notice to Proceed. The Contractor shall at all times during the continuance of the Contract prosecute the work with such work force and equipment as is sufficient to complete the project within the time specified. The following milestones are estimates of the earliest dates possible for planning purposes only, and shall not represent any contractual commitment whatsoever on the part of the City of Prescott. The City reserves the right to amend the project schedule as necessary. m - N Award of Contract May 15,2019 Pre-Construction Meeting Week of May 20, 2019 m' Notice to Proceed Week of May 20,2019 Expected Completion Date Week of June 30,2019 -c re 0 ra I Packet Pg.21 I 1FB#2019-196 Constellation Trail Restroom Project I 8.B.a 'SECTION 2: Solicitation Process Requirements 2.1 Communications with the City: All communications regarding this solicitation must be in writing via e-mail or fax to the Contract Specialist. Unless authorized, no other City official or employee is empowered to speak for the City with respect to this solicitation. Bidders are advised that the City shall not be bound by information, clarifications, or interpretations from other City officials or employees. Bidders are cautioned against contacting any City official or employee other than the Contract Specialist for this solicitation. Failure to observe this requirement may be grounds for rejection of Bidder's bid. The City's Contract Specialist for this solicitation is: E • O Pam Risaliti,C.P.M.,CPPB Contract Specialist City of Prescott Phone: 928-777-1659 E-mail:pam.risaliti@prescott-az.gov 2.2 Proprietary Material: d Bidder shall clearly mark any proprietary information contained in its bid with the words "proprietary information." Bidder shall not mark any Solicitation Form as proprietary. Marking all or nearly all of a bid as proprietary may result in rejection of the bid. Bidders •• should be aware that the City is required by law to make its records available for public inspection. The Bidder, by submission of materials marked proprietary, acknowledges and agrees that the City will have no obligation to advocate for non-disclosure in any form or any c liability to the Bidder in the event that the City must legally disclose these materials. a 01 2.3 Multiple Bids: A Bidder may submit multiple bids for any solicitation,however, each bid must be submitted separately(in its own complete package)from the others. 2.4 Delivery of Bids: m' Sealed bids must be received at the office of the City Clerk no later than the date and time listed the Schedule of Events. The bids will be opened and read publicly in the Council Chambers at that time. re r The bid should be addressed to: d City Clerk's Office City of Prescott ;o 201 S. Cortez Street Prescott, AZ 86303 Bidder shall enclose bid(one(1) original and one(1)copy) in a sealed envelope. The envelope should be clearly marked"IFB No. 2019-196 Constellation Trail Restroom Project". The envelope should identify the Bidder's name,mailing address, and the time and date of opening. The City shall not consider late bids, e-mailed bids,telegraphic (fax) or telephone bids. Bidder is solely responsible for ensuring that bids are delivered on time. Delays caused by any delivery service,including the U.S.Postal Service,will not be grounds for an extension of the deadline for receipt of bids. Bids received after the deadline will not be considered and returned unopened. Packet Pg.22 1stroom rr-Prol 8.B.a I Constellation Trail Restroom d 2.5 Cost of Bids: The City shall not be liable for any costs incurred by Bidder in the preparation and submittal of a bid(s) in response to the solicitation or in the participation of any part of the acquisition process. 2.6 Errors in Bids: Bidder is responsible for all errors or omissions in its bid, and any such errors or omissions. will not serve to diminish its obligations to the City. 2.7 Withdrawal of Bids: A bid may be withdrawn by written request of the Bidder prior to the bid due date and time listed in Schedule of Events. No bid may be withdrawn for a period of 120 calendar days after the bid due date and time. 2.8 Changes in Bids: re Prior to the bid due date and time listed in the Schedule of Events; a Bidder may make changes to its bid provided the change is initialed and dated by the Bidder. Corrections and/or modifications received after the closing-time specified will not be accepted. us 2.9 Reiection of Bids: N The City reserves the right to reject any and all bids and to waive any immaterial defects and v irregularities in bids. CD 2.10 Disposition of Bids: All materials submitted in response to the solicitation, including samples, shall become the property of the City upon delivery to the City. a 02) tll 2.11 Incorporation of Solicitation and Response in Agreement: ce This solicitation, including all attachments and addenda, and all promises, warranties, LL° commitments and representations in the successful bid shall be binding and shall become obligations of the agreement. 2.12 Protests: Any protest or notice that a bid is non-responsive.must be filed by 4:00 p.m. up to ten (10) co days after award. All such protests shall be in writing, contain a complete statement of the grounds for protest, and shall be filed with the Contract Specialist via e-mail. Protesting parties must demonstrate as part of their protest that they made every reasonable effort within the schedule and procedures of this solicitation to resolve the basis or bases of their protest during the solicitation process,,including asking questions, seeking clarifications, requesting addenda, and otherwise alerting the City to perceived problems so that corrective action could be taken prior to the selection of the Apparent Successful Bidder(s). The City will not consider any protest based on items which could have been or should have been raised prior to the deadline for submitting questions or requesting addenda. The filing of a protest shall not prevent the City from executing an agreement,with any other bidder. 2.13 Licensing Requirements: A City of Prescott Business License is not required to submit a bid or proposal but may be required prior to finalization of the award. I Packet Pg.23 I IFB9?019.196 Constelhtion Trail RestroomProject I 8.B.a (SECTION 3: GENERAL TERMS AND CONDITIONS 3.1. Entire Agreement: This Contract, including all attachments referenced herein, constitutes the entire agreement between the City and the Supplier. The City's Specifications, all addenda to the Specifications and the Supplier's response to the Specifications are explicitly included in this Contract. Where there is any conflict among or between any of these documents, the controlling document shall be the first listed in the following sequence: the most recently issued Contract amendment; the Contract; the most recently issued addendum to the City's Specifications;the Supplier's response to the Specifications. 3.2 Term: • The term of the contract shall be upon inspection to determine the project has been Tic completed. 2 3.3 Freight: a Prices include freight prepaid and allowed. The Supplier assumes the risk of every increase, re and receives the benefit of every decrease,in delivery rates and charges. 3.4 Title: Prices are F.O.B. destination. Title to items and risk of loss remain with Supplier until City co receives items at the delivery point. 0 U 3.5 Overages: Shipments shall correspond with the Contract; any unauthorized advance or excess shipment is returnable at Supplier's expense. al rn 3.6 Schedule: o c. Unless a change in schedule is requested, the supplier shall deliver the items or render the services as stated in the Contract. At the City's option, the supplier's failure to timely deliver m or perform may require expedited shipping at the supplier's expense, or may be cause for `` tennination of the Contract and the return of all or part of the items at the supplier's expense. If the supplier anticipates difficulty in meeting the schedule, the supplier shall promptly notify of such difficulty and the length of the anticipated delay. m a, 3.7 Payment: 'd Invoices will be paid within thirty (30) days after the City's receipt and acceptance of the goods or completion and acceptance of the services. Payment periods will be computed from either the date of delivery of all goods ordered, the completion of all services, or the date of receipt of a correct invoice, whichever date is later. This section is not intended to restrict partial payments that are specified in the contract. No payment shall be due prior to the City's receipt and acceptance of the items identified in the invoice therefore. 3.8 Unlawful Overcharges: The Supplier assigns to the City all claims for anti-trust violations and overcharges relating to items purchased by the City. 3.9 Price Warranty: The Supplier warrants that the prices for the items sold to the City hereunder are not less favorable than those currently extended to any other customer for the same or similar items in similar quantities. The Supplier warrants that prices shown on this Contract are complete, 1 Packet Pg.24 I IPBN2019-� B:B.a Constellation Trail Restroom Pro 111 and that no additional charge of any type shall be added without the City's express written consent. 3.10 Date Warranty: Supplier warrants that all Software provided under this Contract: (i) does not have a life expectancy limited by date or time format; (ii) will correctly record, store, process, and present calendar dates; (iii) will lose no functionality, data integrity, or performance with respect to any date; and (iv) will be interoperable with other software used by Purchaser that may deliver date records from the Software, or interact with date records of the Software ("Date Warranty"). In the event a Date Warranty problem is reported to Supplier by Purchaser and such problem remains unresolved after three (3) calendar days, at Purchaser's discretion, Supplier shall send, at Supplier's sole expense, at least one (1) qualified and knowledgeable representative to Purchaser's premises. This representative will continue to E address and work to remedy the failure,malfunction, defect, or nonconformity on Purchaser's o premises. This Date Warranty shall last perpetually. In the event of a breach of any of these representations and warranties, Supplier shall indemnify and hold harmless Purchaser from and against any and all harm, injury, damages, costs, and expenses incurred by Purchaser arising out of said breach. 0 3.11 EuualEmnlovment Opportunity: `—° During the term of this Contract, the Supplier agrees as follows: The Supplier will not discriminate against any employee or applicant for employment because of creed, religion, U race, color, sex, marital status, sexual orientation, gender identity,- political ideology, ancestry, national origin, or the presence of any sensory, mental or physical handicap,unless co based upon a bona fide occupational qualification. The Supplier will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their creed, religion,race, color, sex,national origin, or the presence of any a sensory, mental or physical handicap. Such action shall include, but not be limited to the following: employment, upgrading, demotion, or transfer, recruitment or recruitment co m advertising layoff or termination, rates of pay or other forms of compensation, and selection u_ for training,including apprenticeship. cu 3.12 Diversity:, m The City encourages the Supplier to employ a workforce reflective of the region's diversity. 3.13 Discrimination in Contracting: :a The Supplier shall not create barriers to open and fair opportunities for subcontractors and suppliers in obtaining or competing for contracts and subcontracts as sources of supplies, equipment, construction and services. In considering offers from and doing business with subcontractors and suppliers, the Supplier shall not discriminate On the basis of race, color, creed, religion, sex, age, nationality, marital status, sexual orientation or the presence of any mental or physical disability in an otherwise qualified disabled person. 3.14 Record-Keening: The Supplier shall maintain, for at least 12 months after expiration or earlier termination of the term of this Contract, relevant records and information necessary to document the Supplier's utilization of other businesses as subcontractors and suppliers in this contract and in its overall public and private business activities. The Supplier shall also maintain all written quotes, bids, estimates, or proposals submitted to the Supplier by all businesses seeking to participate as subcontractors or suppliers in the contract. The City shall have the right to inspect and copy such records. If this Contract involves federal funds, the Supplier I Packet Pg.25 I 1FBH 2019-196 Constellation Trail Resuoam Project 8.B.a I shall comply with all record-keeping requirements set forth in every applicable federal rule, regulation and statute referenced in the contract documents. 3.15 Publicity: The Supplier shall not advertise or publish the fact that the City has contracted to purchase items from the Supplier without the City's prior written approval. 3.16 Proprietary and Confidential Information: The Supplier acknowledges that the City is required by law to make its records available for public inspection, with certain exceptions. City staff believes that this legal obligation would not require the disclosure of proprietary descriptive information that contains valuable designs, drawings or formulas. The Supplier, by submission of materials marked proprietary and confidential, nevertheless acknowledges and agrees that the City will have no obligation or any liability to the Supplier in the event that the City must disclose these materials by law. 2 3.17 Indemnification: Required pursuant to Supplier Agreement Language, attached hereto and incorporated herein by reference. 3.18 Insurance: Required pursuant to Construction Contract language, attached hereto and incorporated N herein by reference. v 3.19 Compliance with Law: •)). The Supplier, at its sole cost and expense, shall perform and comply with all applicable laws of the United States and the State of Arizona; the Charter,Municipal Code, and ordinances of the City of Prescott; and rules, regulations, orders, and directives of their respective administrative agencies and officers. 0- d 3.20 Licenses and Similar Authorizations: The Supplier, at no expense to the City, shall secure and maintain in full force and effect during the term of this Contract all required licenses, permits, and similar legal authorizations, and comply with all related requirements. 3.21 Taxes: The Supplier shall pay, before delinquency, all taxes, levies, and assessments arising from its activities and undertakings under this Contract; taxes levied on its property, equipment and improvements; and taxes on the Supplier's interest in this Contract. a) E 3.22 Americans with Disabilities Act: 0 The Supplier shall comply with all applicable provisions of the Americans with Disabilities Act of 1990 (ADA) in performing its obligations under this Contract. In particular, if the Supplier is providing services, programs, or activities to City employees or members of the public as part of this Contract, the Supplier shall not deny participation or the benefits of such services, programs, or activities to people with disabilities on the basis of such disability. Failure to comply with the provisions of the ADA shall be a material breach of, and grounds for the immediate termination of,this Contract. 3.23 Adjustments: 1 Packet Pg.26 s.ois•1 B.B.a I Constellation Trail Re�iFaroom Pro The City, at any time may make reasonable changes in the place of delivery, replacement Or inspection; the method of shipment or packing; labeling and identification; and ancillary matters that Supplier may accommodate without substantial additional expense to the City. 3.24 Amendments: - Except for adjustments authorized above, modifications or amendments to the Contract may only be made by a change order or by written document signed by or for both parties. Unless Supplier is otherwise notified,the Contract Specialist shall be the City's authorized agent. 3.25 Assignment: Neither party shall assign any right or interest nor delegate any obligation owed without the written consent of the other, except Supplier may assign the proceeds of this Contract for the benefit of creditors upon 21 days advance written notice to the City. E 0 0 3.26 Binding Effect: The provisions, covenants and conditions in thisContract apply to bind the parties,their legal cc heirs,representatives, successors, and assigns. co 3.27 Waiver: The City's failure to insist on performance of any of the terms or conditions herein or,to d exercise any right or privilege or the City's waiver Of any breach hereunder shall not thereafter waive any other term, condition, or privilege,whether of the same or similar type. 3.28 Annlicable Law: This Contract shall be construed under the laws of the State of Arizona. The venue for any action relating to this Contract shall be in the Superior Court for Yavapai County, State of Arizona. o a fA 3.29 Remedies Cumulative: Remedies under this Contract are cumulative; the use of one remedy shall not be taken to LL exclude or waive the right to use another. 3.30 Severability: Any invalidity, in whole or in part, of any provision of this Contract shall not affect the validity of any other of its provisions. 77 a 3.31 Gratuities: The City may, by written notice to the Supplier, terminate Supplier's right to proceed under this Contract upon one (1) calendar day's notice, if the City fmds that any gratuity in the form of entertainment,a gift, or otherwise was offered or given by the Supplier or any agent thereof to any City official, officer or employee in violation of City, State or Federal laws, rules,regulations, orders or policies. 3.32 Termination: 3.32.1 For Cause: Either party may terminate this Contract in the event the other fails to perform its obligations as described herein, and such failure has not been corrected to the reasonable satisfaction of the other in a timely manner after notice of breach has been provided to such Other party. I Packet Pg.27 I IF6#2019-196 I 8 B a Constellation Trail Restroom Project 3.32.2 For Reasons Beyond Reasonable Control of a Party: Either party may terminate this Contract without recourse by the other where performance is rendered impossible or impracticable for reasons beyond such party's reasonable control such as but not limited to an act of nature; war or warlike operations; civil commotion; riot; labor dispute including strike, walkout, or lockout; sabotage; or superior governmental regulation or control. 3.32.3 For Public Convenience: The City may terminate this Contract in whole or in part whenever the City determines that such termination is in its best interest (including but not limited to for lack of continuing appropriations). In such a case the Supplier shall be paid for all items accepted by the City. E 3.32.4 Notice: Notice of tennination shall be given by the party terminating this Agreement to 2 the other not less than ten(10)working days prior to the effective date of termination. 3.32.5 Maior Emergencies or Disasters: The City is committed to preparing thoroughly for any major emergency or disaster situation. The following provision shall be in effect during major emergencies or ° a disasters: a>' N The Supplier, in support of public services, shall consider the City as a customer of first priority and shall make its best effort to provide to the City the requested goods and/or services in a timely manner. Supplier shall provide to the City, upon the City's request, v such goods and/or services at such time as the City determines. In the event the Supplier is unable to meet the delivery date commitment due to circumstances beyond the reasonable control of the Supplier, the Supplier shall make such delivery as soon as Q practicable. If the Supplier is prevented from making such delivery to the requested delivery location due to circumstances beyond its reasonable control, the Supplier shall immediately assist the City. in whatever manner is reasonable to gain access to such goods and/or services. In the event that the Supplier is unable to provide such goods and/or services as requested by the City, the Supplier may offer to the City limited substitutions for its consideration and shall provide such substitutions to the City as m' required above,provided the Supplier has obtained prior approval from the City for such substitution. The Supplier shall charge the City the price determined in this Contract a, for the goods and services provided, and if no price has been determined, it shall charge -a the City a price that is normally charged for such goods and/or services (such as listed prices for items in stock). In the event that the City's request results in the Supplier incurring unavoidable additional costs and causes the Supplier to increase prices in order to obtain a fair rate of return, the Supplier shall provide the City with appropriate documentation of the additional costs. The Supplier acknowledges that the City is procuring such goods and/or services for the benefit of the public. For purposes of this Contract, a "major emergency" or"disaster" shall include, but is not limited to a storm, high wind, earthquake, flood,hazardous material release,transportation mishap, and loss of any utility service, fire,terrorist activity or any combination of the above. 3.32.6 Award: The City shall consider awarding agreements only to responsible Bidders. Responsible Bidders are those that have, in the sole judgment of the City,the financial ability, character, reputation,resources, skills, capability,reliability, and business integrity necessary to perform the requirements of the agreement. In determination of Pal Packet Pg.28 I • IFBN2019 jl 8,B.a Constellation Trail Restroom Pro responsibility,the City may consider all information available to the City,whether specifically provided by the Bidder in response to this solicitation or other information otherwise available to the City in evaluating the responsibility of the Bidder. Such information may include,but is not limited to,experience and history of the City with current and/or prior contracts held by the Bidder with the City or with other agencies, references provided by the Bidder to the City, inforrriation provided by the Bidder as part of the solicitation responses, and information not specifically provided by the Bidder but is otherwise available to the City and has merit in consideration of responsibility, in the opinion of the City. The evaluation of responsibility shall be determined by the City and shall be in the sole opinion of the City. Such evaluation by_ the City shall be final and not subject to appeal. Furthermore,no agreement will be awarded to a Bidder if any owner of such Bidder has been convicted within the past ten years of a crime involving dishonesty or false statements, or if the Bidder has unsatisfied tax, disbarment or judgment liens. c r N 3.33.7 Oral Instructions: The City of Prescott shall not be held responsible for any oral instructions. Any changes to this Invitation for Bid will be in the form of a published amendment and posted on the website.All technical questions regarding this Invitation for Bid must be submitted in writing via e-mail or fax to the Contract Specialist. I SECTION'4:'STANDARD BID:INFORMATION vv 4.1 Default by Bidder: N In case of default by the bidder, the City of Prescott may procure the items or service from other sources and may deduct from any monies due or that may thereafter become due to the bidder the difference between the price named in the contract or purchase order and the a actual cost thereof to the City of Prescott. Prices paid by the City shall be considered the cp prevailing market price at the time such purchase is made. Periods of performance may be extended if the facts as to the cause of delay justify such extension in the opinion of the `` Facilities Manager. s 4.2 Warranty: m Manufacturer's warranties shall remain in effect. The bidder shall be fully responsible for a) all warranty performance relating to any part or component of the purchased equipment. The Supplier's responsibility shall include all warranty involving sub-contractors. The Supplier shall supply a warranty on all parts and workmanship from the initial delivery c date. The Supplier shall guarantee further that the equipment to be supplied complies with all applicable regulations. 4.3 Litigation: The parties hereto expressly covenant and agree that in the event of a dispute arising from this Agreement, each of.the patties hereto waives any right to a trial by jury. In the event of litigation, the parties hereby agree to submit to a trial before the Court. Neither party shall be entitled to an award of attorneys' fees, either pursuant to the Contract or another other state or federal statute, court rule, or common law. 4.4 Coonerative Use of Contract: This Contract may be extended for use by other municipalities, school districts and government agencies in the State of Arizona with the approval of the contracted Supplier. Any such usage by other entities must be in accordance with the statutes, codes, I Packet Pg.29 I IFBI:2019-196 I 8.B.a I Constellation Trail Restroom Project ordinances, charter and/or procurement rules and;regulations of the respective government agency. 4.5 Brand Names: Brand names are only used for reference to indicate character or quality desired unless otherwise indicated. 4.6 Proposal: (if applicable) All standard specifications and details referenced unless otherwise noted shall conform to all the City of Prescott Standard Specifications and Detail Drawings, most current revision, and to the most current edition of the Uniform Standard Specifications and Details for Public Works Construction by the Maricopa Association of Governments, Arizona, including revisions thereto. E 4.7 Bidding Requirements and Conditions: Bidder must be able to meet all governmental regulatory agency requirements including the re U.S. Environmental Protection Agency, the U.S. Occupational Safety and Health Administration and the National Occupational Safety and Health departments. 4.8 Invoices: Invoices must detail markup of materials and labor costs. SECTION 5: INSTRUCTIONS,FOR SUBMITTAL FORMS: v 5.1 Form A - Solicitation Response Cover Sheet: Bidder shall complete, sign, and submit Form A as the first page of the bid package. 5.2 Form B —Proposal Sheet: Bidder shall certify that its bid will be valid for 120 days after submission. Bidder may be asked to extend this certification. Bidder shall complete, sign, and submit Form B. m 5.3 Form C -Bid Certification: Bidder shall complete,sign,and submit Form C. 5.4 Form D -Non-Collusion Certificate: Bidder shall complete, sign, and submit Form D. a) 5.5 Form E - Certificate of Ownership: Bidder shall complete, sign, and submit Form E 11> completely and accurately stating the names and addresses of all persons, firms, corporations, partnerships or other associations having any direct or indirect financial interest in the Bidder's business and the nature and extent of each such interest. 5.6 Form F -Bidder Qualifications,Representations and Warranties w 5.7 Form G-References 5.8 Form H-Proposed Staging Locations Pa Packet Pg.30 I IFB1 ' 8.B.a I Constellation Trail Restroom#20 1'9ro Form A-Solicitation Response Cover Sheet CITYoF PRESCOTT EirV 7 c 0 City of Prescott 2 Solicitation Response Description Constellation Trail Restroom Project it c 0 Please note all that apply: a Ti Addenda Number(s)Received (if any) o c) 1/Original Forms A through G plus two(2)photocopies co et N Business Name: c�pGCLINCut�--1Gc2S _ LLL o a. in Business Address: 67D -/A)rILfzc<I L )( -vre / m /z o.T I -a .g / Vl t L d Business E-Mail: E A1// Z1.0 EL,�BOiLtlEIZ3 ,C 2r?- 5 m d Business Phone: ( 9z8) /7/U- 7/9L/ c cl a) Business Fax: ( ) E r c Business Contact: Dfit4# c c Supplier Comments: a Dated this /te day of jP2/L 2019. ..// _,////,-‘0 ----- gelome-Ar•—/ Sikirre 17/ Title . • I Packet Pg.31 I IFB#2019-196 I Constellation Trail Restroom II $•6.a m Form B—Proposal Date: y/e-/ Proposal of /2/D ,/b" 3'/4L772—S (Name) Corporation organized and existing under the laws of the State of Arizona; a partnership consisting of or an individual trading as N 0 O a. a+ N d TO THE HONORABLE MAYOR AND COUNCIL CITY OF PRESCOTT PRESCOTT,ARIZONA 4 a d w N • Ladies and Gentlemen: ti The Undersigned hereby proposes and agrees to furnish any and all required labor, material, construction equipment,transportation, and services for completion of the Constellation Trail Restroom Project,in strict conformity with the plans and specifications, at the total bid price of: o. 12) A.)//()E7V c e. 46/17L/ r D.J /r/11/ORR2i /J//U Tt/ AAA Woo Dollars m_ ($ 9/, /9v , 9 / ). The Undersigned hereby declares that he has visited the site and has carefully examined the Contract ' Documents relating to the work covered by the above bid or bids. c The project shall be completed within forty-five(45) calendar days after the starting date set forth in the NOTICE TO PROCEED. r The Undersigned hereby declares, as bidder, that the only persons or parties interested in this d PROPOSAL as principals are those named herein; that no elected official or employee of the City is in any manner interested directly or indirectly in this PROPOSAL or in the profits to be derived from the contract proposed to be taken, other than as permitted by law; that this bid is made without any connection with any other person or persons making a separate bid for the same purpose;that the bid is in all respects fair and without collusion or fraud; that he has read the NOTICE INVITING BIDS, CONTRACT DOCUMENTS AND PROJECT SPECIFICATIONS, and agrees to furnish the items and perform the work called for in accordance with the provisions of said form of Contract and the Specifications and to deliver the same within the time stipulated herein, and that he will accept in full payment therefore the total bid price named in this Proposal. The bidder shall be an contractor properly licensed in the State of Arizona at the time of bidding to perform construction in connection with fixed works, including streets, roads, power and utilities plants, dams, hydroelectric plants, sewage and waste disposal plants, bridges, tunnels, and overpasses and shall also be licensed to perform work within residential and commercial property lines, or shall be • Packet Pg.32 I 1 . . I Constellation Trail Re►Fen svoom20 P9-rojIl 8Ba properly licensed to sub-contract residential or commercial work, as may be required in the Scope of Work. Any bid submitted without the proper contracting license to perform the required work shall be considered non-responsive and rejected. The bidder further agrees that, upon receipt of written notice of the acceptance of this PROPOSAL, he will execute the Contract in accordance with the PROPOSAL as accepted. Bidder understands and agrees that the City reserves the right to reject any or all bids and to waive any informality in the bidding. The bidder agrees that this bid shall be good and may not be withdrawn for a period of sixty (60) calendar days after the scheduled closing time for receiving bids. I Bidder acknowledges receipt of the following Addenda: LAi. ///. /C TA The undersigned is the holder of Arizona State Contractor's License No(s). and Classification(s): re QZ1a 99 I/ //&Z it c 0 Respect y sub ' d, //7/ .., 0 7/ y idder(Authorized Signature) c..)Corporate Seal co c.,By: .1 ) ✓)t , y c 0 Title: �R6t.Dti'S N a) re Bidder's Contact Information: °u. Physical Address: 66%) 1ti 7�AL �/fft/ Pev?T, � - ,6 30/ o Mailing Address: / 5°„° c Telephone No: c ld V/J`y o, .13 Fax No: c m E Email Address: /dcal//tff ,&J/LOB71. , COX/7 o a I Packet Pg.33 I VilfriPtifillitgiliffiTTIITTillilifir IIIIPP- li fil [1 11111111111111§-11111111-11111111111111;1sf1111W l li i` lli l it 6p l + 2, 8 g a Ed z ii g 3t ); dt gl to c No- 6 -1111341-1 . " e d f t o1. i 1 t , t fit; " , : c t l� t c 1 r it 't • r q y i. a .i i ' rep�� " L: 4 r77 gy a E o �, .:y1Ja qpr LL yp cf.i E Z2 }h y gyi eyptiPiniitzaa-i 4rt'li L yyEt qea = yS4 1 it C a3 s 4 4 0 €& .0 t, p7-f T,- 9 t ® 8 8 B f f ®i i' C i t B ll B t V J $`[td • t cc'' a S t "� ro. 7 e aC 9 1 r Y 1. • ( t t ,2$ ppgg qq RRggg 1� k. 0 - L it:i4i M{ i -_' ...-..--44 !. :� _ • .... fit.:- ,.,;". ..,," .... ,t. L7 ..�` 1.r � ' �— --- O linfil$ o $ $ Bl; 6 / III III 88 i B 1 k It II HI $ 8 1 Hitt B a 4999999 -�- -- gg III n F�7 c $ o a $ i a h k 9 9 S 6 gE gg gg tg gg o.B 8 4 a 8 � R E Y b� B B B � 5 S ��s 5 k 3 ae r i g. G d ,. B , liU 0E ; gill III Ili 44 t a 1 I IIii ill B 1 a EMI t g e tiv— ----- ----I -- isi RI ssala 5s's m i& 1 & s s 8k it H E 1 I ttIll t I. s 8 a Egg III li € a$ 8 8 &a as h g a I 6sesa n z'H �g 0 8 b 8I s.a IIN II 1 ii $ 'a s i xx H It tit t 1 s s"sHHH 8 4 xN3 99 999 999 99 9 k a . 1; 74 Si! 9 9 9 5 9999; 9 4 . s ¢1 o a -. W to Attachment: Ridgeline Builders IFB Response (2464 : Constellation Trail Restrooms) IFBN 2019-196 18.B.a I Constellation Trail Restroom Project Form C—Bid Certification Bidder Name: 2t It-N Yt._S The undersigned Bidder hereby certifies as follows: C.1 That he/she has read The City of Prescott's solicitation documents, its appendices and attachments, and the following Addenda, and to the best of his/her knowledge, has complied with the mandatory requirements stated therein. • E 0 Addendum Issue Date 2 as 1• r f9 C.2, That he/she has had opportunity to ask questions regarding the solicitation, and that such questions having been asked,have been answered by the City. c) C.3 That the Bidder's bid consists of the following: d 1. Form A— Solicitation response cover sheet 2. Form B— Proposal Sheet N 3. Form C— Bid Certification 4. Fonn D— Non-Collusion Certificate 5. Form E— Certificate of Ownership N 6. Form F— Bidder Qualifications, Representations and Warranties 7. Form G- References 8. Form H- Proposed Staging Locations m C.4 That the bid is valid for 120 days. 7 • E Dated this / ��//_ day of /L/L 2019. /� � /" 03tdL��� sigh(fure 7// Title 1 Packet Pg.35 I 19.11 8.B.a I Constellation Trail RestroomIFB#20 Proj4 Form D-'-Non-Collusion Certificate Bidder Name: 12t�L�, TL.(M . )tL1 €m , l_LC.... , The undersigned Bidder hereby certifies as follows: To the best of his/her knowledge, the person, firm, association, partnership or corporation herein, has not, either directly or indirectly; entered into any agreement, participated in any collusion, or otherwise , N taken any action in restraint of free competitive pricing in the preparation and submission of a bid to the c City of Prescott for consideration in the award of this solicitation. a) r4 Dated this /b day of / ,�z.i/ 2019. o / r to d co 2ii.j/ c Signtature /7 Title co N d CO C O O. N a1 Ce CO U. CD L. N a .7 m a> i c c) 73 it r c d B 0 CD w a I Packet Pg.36 I I 8.B.a I CITYo PRESCOTT A R I Z O N A EI)7 J1-�a��ctnr Amendment No. 1 IFB#2019-196 Constellation Trail Restrooms Questions and Answers N April 11,2019 0 1. Can we obtain a sign-in sheet? The sign in sheet is on the City website. i= 172 0 2. Is the existing paving to be sawcut to achieve a clean edge where the new concrete meets that edge? co .) Yes. 3. Please confirm that the terrain will be back filled and ready to start concrete&trenching work. co N Yes. al a, c 4. Will temporary fencing be required around the staging area&project site? a co al The successful bidder will need to provide fencing. CO 5. Will temp toilets be required by the client? L. Yes. CO 6. Will submittal of products be required? Yes. r c 7. Please confirm the area on the west&south side of the new restroom shall have a concrete apron that °) will meet the existing paving.Existing paving to be saw cut to allow for a clean edge. as Please see no.1. a 9. Detail Al One Line Diagram on sheetE1.0 states"U.G Service provide E.0 to service XFMR. Per power company specs"and"wiring by utility company".Detail Al does not specify the size of the utility conduit that is coming in to the SES. Please clarify the size of the utility conduit that is feeding the SES. There will be a power pedestal in place.They will need to get power from the pedestal.This will be a 2 inch conduit to the building as stated in the plans. I Packet Pg. 37 I 8.B.a I 10.During the pre-bid meeting it was said that the City of Prescott would provide a Soils Report. When can we expect this Soils Report? There will be no soil report as it is not required. U, E O O N a1 Ca H C O Ca a) N C O V CD eF N a) N C O C. N a) fI1 U- N I- a) a) C a) Cf 4- C a) E .0 as w , , I Packet Pg.38 I IFB1/2019-I96 I 8.B.a Constellation Trail Restroom Project Form E—Certificate of Ownership Bidder Name: tOC�eZ.t JE. iLnr1t . ( t_L The undersigned Bidder hereby certifies as follows: To the best of his/her knowledge, the person, firm, association, partnership or corporation herein, are the only person, firms, corporations, partnerships, or other associations having any direct or indirect financial interest in the Bidder's business as legal or equitable owner, creditor (except current bills for operating expenses),or holder of any security or other evidence of indebtedness. d / o 0Dated this day of f/ 2019. o AO' /4;31.07L/r/ Sigriahe V 77o Title N 7 O Q. 01 re lJ. 01 .5 01 d r f ' Q I Pal Packet Pg.39 I Milli2019-11 8.B.a I Constellation Trail Restroom Proje 111 Form F—Bidder Qualifications,Representations and Warranties Bidder Name: /1)6tL1 J/GDb7Z5) LL< The undersigned Bidder hereby certifies as follows: Fl Meets Minimum Specifications The successful contractor must demonstrate that they have sufficient licenses, insurance, qualifications, experience, capabilities and available resources to meet the product and/or - N service requirements of this solicitation. YES NO o Do you meet all the requirements of this solicitation? to au cc F2 Taxes and Liens-Bidder has no unsatisfied tax,judgment lien or disbarment on record. I— F3 Subcontractors—Bidder submits as Attachment 1 to this Bid Form F a list of all subcontractors o it will use in performing the requirements of the agreement resulting from this solicitation. Aco subcontractor is any separate legal entity used to perform requirements of the proposed ,p; agreement. The list shall include the firm's name, contact person and title,mailing address, c telephone number, fax number and a description of the service(s)to be subcontracted. Bidder v shall also attach a copy of the letter from the subcontractor stating its commitment to perform the Tr services(s) subcontracted. Tr N tv F4 Bidder's Examination -Bidder has made its own examination; investigation and research o regarding the requirements of the solicitation including but not limited to the work to be done, N services to be performed, any conditions affecting the work and services,the type and quantity of o re labor,equipment and facilities necessary to perform. Bidder fully understands the character of the co work and services,the manner in which payment is to be made,the terms and conditions of the u) draft agreement, and the solicitation. Bidder acknowledges and agrees that it has satisfied itself a by its own examination, investigation and research, and that is will make no claim against the •5 City because of erroneous estimates, statements, or interpretations made by City. Bidder hereby 0° proposes to furnish all materials, equipment,and facilities and to perform all labor which may be c required to do the work within the time required and upon the terms and conditions provided in a the draft agreement and the solicitation;and at the prices as bid. c2 r c cu Dated t ' /� day of Aal/ 2019. c / g„,/,/a...--- ma,,,, c. SQature ./ Title I Packet Pg.40 I 1FB82019-196 I 8•B•a Constellation Trail Restroom Project • For»: G-References • The City will enter into an agreement only with a Bidder(s)having a reputation of satisfactory performance. The Bidder's ability to provide timely service;knowledgeable, conscientious, and courteous staff';reasonable care and skill; invoicing consistent with contract pricing, etc., are important to.the City. Bidder provides information for three clients, other than the City of Prescott,that presently contract with Bidder for similar goods or services: Reference#1 Firm Name: SCE A rA mEGL TS o t_ Address: a Contact Person: re Phone Number: E-Mail Reference#2 `° d Finn Name: Address: Contact Person: Phone Number: Cr co E-Mail 0 Reference#30. Firm Name: Address: Contact Person: m Phone Number: E-Mail Note: The bid evaluators may contact the customer references, as well as any other customers or customer employees including the City of Prescott. A Bidder with unsatisfactory references may have •d its bid rejected. ;a re r I c a) Pa� Packet Pg.41 I • zaii Constellation Trail Restro1FomFro9,j4 8.B•a. I Form H Proposed Staging Locations Project Name: Constellation Trail Restrooms Bid Date: April 18,2019 Contractor.Name: .1..ECa NYC- L D Z-S., / I r Proposed Location No. 1 13- General Description: Parcel No c W 1 2.6) t4Rs-Y\ OF L T!►U�`� p'J ilf1i� /vui cc UE1) ?7 (1-fGlr�)C-r (mil �P'`3 j cc ` 1= y04.-V- A2c'?ni , Physical Address: Legal Owner: Zoning District: d O Proposed Location No.2 N m General Description: Parcel No: u° 0 Physical Address: m Legal Owner: Zoning District: *A map of each location may be attached to this form If no staging.areas are proposed,please check here and sign below: ❑ No Areas Proposed By signing below, I ("Contractor") certify that no staging areas are required for the above named project. If necessary staging area(s) are later determined, I understand that any associated costs shall be furnished by t e Contractor and 1 be considered incidental without additional compensation from the City. �- Sig at e of Coin/n,O icial% Date Signed. I Packet'Pg.42 I 18.B.a I \; RfIDGELI° Y E BUILDERS - i�ainmei erd�r 1, ics entia' 611S�J C lOns 4/18/19 Prepared For: City of Prescott 0 201 S. Cortez Street ra Prescott, AZ 86303 to TD U Prepared Bv: Ridgeline Builders, LLC 664o Intercal Way Prescott, AZ 863oi u_ • Table of Contents: m 3.. Company Profile 2. Commercial Client Reference List re 3. Residential Client Reference List 4. Industry Partners 5. Trade Partners 6640 Intercal Way,Prescott,AZ 86301 • TELEPHONE: (928)710-7194 • FAX: (928)443-74601 Packet Pg.43 I I 8.B.a I RI'DGEE'LLNE BUILDERS -- . mnmcrCza�'c/ Lest eizti7garrs.ruction, — COMPANY PROFILE David Franz:President - 22 years of experience in Commercial &Residential Construction Management. - Founder; Ridgeline Builders, LLC (2003). - Married, 2 children. r - Cell:928-710-7194 co Spencer Johnson:Project Manager/Construction Supervisor 03 - 19 years construction experience, 15 years of construction supervision experience. - Married, 2 children. - Cell:928-925-6752 CD Jason Banner:Project Superintendent CD - 15 years of construction experience. - Married,2 children. �- - Cell: 928-848-9987 cc m U- N L Robert Cummins: General Laborer a 14 years of construction experience. co rn Richard Nolan: General Laborer - 2 years of construction experience E Jamie Young: Office Manager - Accounts Receivable and Accounts Payable - zo years of experience in accounting. - io years with Ridgeline Builders, LLC. • 6640 Intercal Way, Prescott,AZ 86301 • TELEPHONE:(928)710-7194 • FAX:(928)443-7460I Packet Pg.44 I I 8.B.a I 4"r'` R'ID�eELI`NE BUILDERS �jt• 'oinirier;�ia�'f�r,�esitlenlzAC Commercial Client References: KidZaam Dental Group - Dr.Albert Higgins, DDS - Prescott, Prescott Valley& Cottonwood offices Fain Signature Group - Armed Forces Military Recruitment Career Centers Army, Navy,Air Force, Marines - Sage Consulting N° N Yavao ai Prescott Indian Tribe - Verizon Wireless - Bucky's Casino @ The Prescott Resort Fork in the Road Group, Inc. - Wendy Price c - Gurley Street Grill Restaurant ° U - Murphy's Restaurant - The Office Cantina Restaurant N Bradshaw Family Dental y - Dr. David'Frausto, DDS G1 Ponderosa Pediatrics - Dr. Matthew Hinton,MD m Country Bank/Mohave Bank - Steve Burton 5 m Yavapai College - David Laurence °f Good Samaritan Prescott Village Angela Gasser E My Kid's Dentist. w Dr. Ryan Brown, DDS - Prescott& Chino Valley offices Davidson's Inc. - Jeff Hendricks City of Presott - Tim Legler 6640 Interval Way,Prescott,AZ 86301 • TELEPHONE:(928)710-7194 • FAX:(928)443-7460 Packet Pg.45 8.B.a I RID LINE BUIIDEjRS Residential Client References: Ron& Laura Tames - Multiple high-end design-build estate projects completed. - Ongoing estate maintenance, repair and improvements. 0 Bill & Nancy Fain - Multiple high-end design-build estate projects completed. - Ongoing estate maintenance, repair and improvements. 0 Ryan & Tenna Tames - Multiple high-end design-build estate projects completed. y - Ongoing estate maintenance, repair and improvements. o Mike &Terlvnn Giede co - Design-built custom residence (Prescott Lakes). Jeff&Paula Holzapfel 0 - Estate improvement projects (Hassayampa). U- Bob & Tacaue Gebel - Design-built custom residence (Prescott Lakes). Stephanie Turbyfill - Design-built custom residence (The Crossings). are Mark& Cinda Berman - Estate improvement projects. - Ongoing estate maintenance, repair and improvements (Pinon Oaks). aP Tim & Carol Schaefer - Estate improvement projects (Yavapai Hills). * Client contact information available upon request. 6640 Intercal Way, Prescott,AZ 86301 • TELEPHONE: (928)710-7194 • FAX:(928)443-74601 Packet.Pg.46 I I 8.B.a I • RJIJN BUILDERS �?i omnreiYdal rsidenfraZ`eorr8trrrctraji)---- PROFESSIONAL PARTNERS: Michael Taylor Architects - Michael Taylor N Otwell Associates Architects - Bill Otwell d Stiemsma Architecture - Steve Stiemsma c co Burford &Russell Architects w Robert Burford c c) W.Alan Kenson &Associates. P.C. - Alan Kenson d N C O a VN d TRADE PARTNERS: ce u Electrical Vendor - Countywide Electric- Bob Amos m HVAC Vendor 'd Phillips Heating & Cooling-Philip Phillips re PIumbing Vendor - Paragon Plumbing=Don Huntley Framing/Drywall Vendor - Total Building Systems-Jason Steward/Larry Pritchard - Drywall - Steel Stud Framing - Acoustical Ceilings 6640 Intercal Way,Prescott,AZ 86301 • TELEPHONE:(928)710-7194 • FAX:(928)443-74601 Packet Pg.47 I I 8.B.a I Good Cr � -\ samaritan Phone:928-778-2450 Society. 1030 Scott Dr Fax:928-778-5251 °r r Prescott AZ 86301-1741 www.good-sam.com PRESCOTT VILLAGE April 26a',2018 N E To whom it may concern, 0 To It is my pleasure to write this letter of recommendation for Ridgeline Builders. We recently contracted with Ridgeline Builders to remodel various areas of our long term care facility, including two spas,a resident lounge area,dining room and kitchen_.The Good Samaritan Society has had an excellent experience working with Dave and Spencer. d N 2 Ridgeline Builders displayed superior project management skills throughout the eight month project. v The Ridgeline team was very accessible and kept our staff well Informed throughout the duration of the remodel.Dave and Spencer made a point to attend our staff meetings to share updateswof the progress, address any concerns proactively,and inform of any interruptions.We greatly appreciated their flexibility and professionalism when accommodating•to the needs of our customers and staff as the building remained occupied throughout the project.• °a i N d They adhered to the budgdt as well as offered their expertise for more cost effective options.I found them to be very honest and straightforward on all aspects of the project and look forward to future opportunities to work with them. Overall,we were very pleased with Dave and Spencer's attention to D detail and oversight of subcontractors to ensure the success of the project. •5 • If you would like to discus this reference further,please do not hesitate to contact me at(928)458- 3966 or via email at agasser@good-sam.com. a Sincerely, c Angie Gasser Administrator Good Samaritan Society-Prescott Village • In Christ's Love, Everyone Is Someone. Packet Pg.48' 18.B.a I .. 4. VA:-#k V �1� 17 At '70 ik 7 . ,., -fterik"A ithi. ��f. �� 1. 1 I.1 it 1 u � .a.dY..i dr.wuucti..drvWri�ul.waS.:rL:W . ■■1■ ■ � I�dl\Yd■C ' _ = PRESCOTT • INDIAN 9 TRIBE - ?., i Commercial Real Estate and Property Management %sift goo, April 27,2018 E 0 o L co m re RE: Ridgeline Builders,LLC. el L It C 0 W. CC To Whom It May Concern: °1 co c 0 c) I am happy to offer a letter of recommendation on behalf of Ridgeline Builders. Dave and his team have v Csi provided,outstanding contractor services for a number of Landlord Improvement projects for the a) Commercial Real Estate Department at Frontier Village. c 0 O. co Dave and his team are very conscientious about their work,completing jobs on time and staying within budget. Ridgeline provides excellent customer service and is always available to answer any questions m that may arise. co d Should you require additional information,please feel.free to contact me. -0•g m a, c 'd Best Regard, - a e r c __..--i---—----—7•= :=2, E V Heather Tippit a Senior Administrator Commercial Real Estate Department 1841 EAST STATE HIGHWAY 69, SUITE 114 PRESCOTT, AZ 86301 928-777-0532 I Packet Pg.49 I I 8.B.a I or ei KidZaam Corporate Headquarters t ! r - 1300 W.Gurley,Suite 1 _ • Via' Prescott,Arizona 86305 P:.(928)445-8033 .44aarli F:(928)443-1373 ',dentistry September 13,2016 To whom it may concern, ' N E Ridgeline Builders was contracted to build a new facility for KidZaam Dentistry in September 2014. David o Franz of Ridgeline Builders promised complete satisfaction and opemcommunication throughout the o: whole project.That promise was fulfilled by David Franz! I would like to state that it was a great pleasure to work=with a man of integrity and honesty during the construction of our new KidZaam Klubhouse. Mr. Franz expressed concern for proper planning to allow CO for scheduled deadlines and budget cost to be met. He worked well with all the subcontractors and w made certain there was complete safety and respect on the job site. We look forward to another project With•Ridgeline Builders in the near future and I would certainly �r co recommend Ridgeline Builders to any of my friends and associates. N a, 0 0. Respectfully Albert Higgins DOS m President v� KidZaam Dentistry E 0 Q Voimr o,• DCC Come visit us-at www:kidzaarn.com! - Packet'Pg. 50 I MO 2019.196 Constellation Trail RestroomProject II 8•B.a 11 CITYoF PRESCOTT Everr/lrUr{y I lay u:t`~/1/ Construction Contract No. 2019-196 Constellation Trail Restroom Project 2 (f) ce THIS AGREEMENT, made and entered into this ** day of**, 20**, by and between ** of the city of us **, county of**, state of**,hereinafter designated "Contractor", and the City of Prescott, a municipal corporation, organized and existing under and by virtue of the laws of the State of Arizona, hereinafter designated"City". d r WITNESSETH: That the said Contractor, for and in consideration of the sum to be paid him by the said c City, and of the other covenants and agreements herein contained, and under the penalties expressed in the bonds provided, hereby agrees, for himself, his heir, executors, administrators, successors and assigns as follows: N ARTICLE I - SCOPE OF WORK: The Contractor shall furnish any and all labor, materials, equipment, transportation, utilities, services and facilities, required to perform all work for the H construction of the project described as City of Prescott: ** Project and install the material therein for re the City, in a good and workmanlike and substantial manner and to the satisfaction of the City through m its Engineers and under the direction and supervision of the Recreation Services Director, or his `` properly authorized agents and strictly pursuant to and in conformity with the Plans and Specifications prepared by the engineers for the City, and with such written modifications of the same and other .5 documents that may be made by the City through the Recreation Services Director or his properly authorized agents,as provided herein. as ARTICLE II - CONTRACT DOCUMENTS: The Notice Inviting Bids, Project Plans and Specifications, Addenda,.Contractor Bid Proposal as accepted by the Mayor and Council per Council Minutes of May 14, 2019, Certificates of Insurance, License and Contract Amendments, are by this reference made a part of this Contract to the same extent as if set forth herein in full. ARTICLE III- TIME OF COMPLETION: The Contractor hereby agrees to commence work on or before the tenth (10th) day after written notice to do so, and to fully complete the same within ** (**) calendar days after the date of the written notice to commence work, subject to such extensions of time as are provided amendments to the contract. ARTICLE IV- COMPENSATION: Contractor shall be paid, pursuant to the provisions as set forth in the Contract Documents, the total sum of** Dollars and ** Cents ($>_*), plus any approved contract amendments, for the full and satisfactory completion of all work as set forth in the Project Plans, Specifications and Contract Documents. Retention shall be in accordance with A.R.S. § 34-221. � Packet Pg. 51 I #2019-- Constellation TmilRestrIFBoomPro 8•B•a I ARTICLE V - CONFLICT OF INTEREST: Pursuant to A.R.S. § 38-511, the City may cancel this contract, without penalty or further obligation, if any person significantly involved in initiating, negotiation, securing, drafting or creating the contract on behalf of the City is, at any time while the contract or any extension of the contract is in effect; an employee or agent of any other party to the contract in any capacity or a consultant to any other party of the contract with respect to the subject matter of the contract. In the event of the foregoing, the City further elects to recoup any fee or commission paid or due to any person significantly involved in initiating, negotiation, securing, drafting or creating this contract on behalf of the City from any other party to the contract,arising as a result of this contract. ARTICLE VI - AMBIGUITY: This Agreement is the result of negotiations by and between the parties. Although it has been drafted by the Prescott City Attorney, it is the result of the negotiations between the parties. Therefore, any ambiguity in this Agreement is not to be construed against either party. °o ARTICLE VII -NONDISCRIMINATION: The Contractor, with regard to the work performed by it re after award and during its performance of this contract, will not discriminate on the grounds of race, color, national origin, religion, sex, disability or familial status in the selection and retention of subcontractors, including procurement of materials and leases of equipment. The Contractor will not participate either directly or indirectly in the discrimination prohibited by or pursuant to Title VI of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, Section 109 of the Housing c and Community Development Act of 1974, the Age Discrimination Act of 1975, the Americans With Disability Act (Public Law 101-336, 42 U.S.C. 12101-12213) and all applicable federal regulations under the Act, and Arizona Governor Executive Orders 99-4,2000-4 and 2009-09 as amended. N ARTICLE VIII - INDEPENDENT CONTRACTOR STATUS: It is expressly agreed and understood by and between the parties that the Contractor is being retained by the City as an Q independent contractor, and as such the Contractor shall not become a City employee, and is not entitled to payment or compensation from the City or to any fringe benefits to which other City m employees are entitled other than that compensation as set forth in Article IV - Compensation above. u_ As an independent contractor, the Contractor further acknowledges that he is solely responsible for payment of any and all income taxes, FICA, withholding, unemployment insurance, or other taxes due -0 and owing any governmental entity whatsoever as a result of this Agreement. As an independent m contractor, the Contractor further agrees that he will conduct himself in a manner consistent with such status, and that he will neither hold himself out nor claim to be an officer or employee of the City by 07 reason thereof, and that he will not make any claim, demand or application to or for any right or privilege applicable to any officer or employee of the City, including but not limited to workmen's compensation coverage, unemployment insurance benefits, social security coverage, or retirement membership or credit. ARTICLE IX- CITY FEES: Prior to final payment to the Contractor, the City shall deduct therefrom a any and all unpaid privilege, license and other taxes, fees and any and all other unpaid moneys due the City from the Contractor, and shall apply to those moneys to the appropriate account. Contractor shall provide to the City any information necessary to determine the total amount(s) due. ARTICLE X- LIQUIDATED DAMAGES: All time limits stated in the Contract Documents are of the essence and should the Contractor fail to complete the work required to be done on or before the time of completion as set forth in these Contract Documents, including any authorized extension of time, it is mutually agreed and understood by and between the parties that the public will suffer great damages; that such damages, from the nature of the project, will be extremely difficult and impractical to fix; that the parties hereto wish to fix the amount of said damages in advance; and that the sum of I Packet Pg. 52 1FB#2019-196 II I Constellation Trail Restroom Project 1 8.B.a I $**.00 per day for each and every day's delay in completion and acceptance of the work required to be 1111 111 done by the Contractor subsequent to the time of completion, including any authorized extensions of time, is the nearest and most exact measure of damages for such breach that can be fixed now or could be fixed at or after such breach and that, therefore, the Owner and Contractor agree to fix said sum of $**.00 per day for each and every said day's delay as liquidated damages, and not as a penalty or forfeiture for the breach of the agreement to complete the work required to be done by the Contractor on or before the time of completion and acceptance and, in the case of such breach, the Owner shall deduct said amount from the amount due the Contractor under the contract. In the event the remaining balance due the Contractor is insufficient to cover the full amount of assessed liquidated damages, then the Contractor or the surety on the bonds shall pay the difference due the Owner. ARTICLE XI - OTHER WORK IN PROJECT AREA: The City, any other contractors, whether under contract with the City, a third party, and/or utilities, may be working within the project area while this Contract is in progress. The Contractor herein acknowledges that delays and disruptions may, and o° in all likelihood, will occur due to other work. The Contractor's bid shall be deemed to have recognized w and included costs arising from and associated with other work in the project area disclosed by the Contract Documents or which would be apparent to an experienced contractor exercising due diligence L during inspection of the project documents, the question and answer session in the pre-bid process or during site inspection. No payment will be made for any delays or disruptions in the work schedule `o that are wholly the fault of the Contractor, its agents, employees or any of the Contractor's 03 subcontractors. In the event that the Contractor encounters delay or disruption in the project schedule due to factors not wholly the fault of the Contractor or within the Contractor's control then the Contract may be adjusted pursuant to the Delay's and Extension of Time provisions of this Contract and a timely request submitted for Contract Amendment. Failure to submit a timely request for Contract Amendment shall be deemed a waiver of any entitlement to additional compensation. a1 to ARTICLE XIII-MISCELLANEOUS: A. The parties hereto expressly covenant and agree that in the event of a dispute arising from this Agreement, each of the parties hereto waives any right to a trial by jury. In the event of litigation, the parties hereby agree to submit to a trial before the Court. The Contractor further agrees that this LL provision shall be contained in all subcontracts related to the project, which is the subject of this Agreement. m B. The parties hereto expressly covenant and agree that in the event of litigation arising from this To— Agreement, neither party shall be entitled to an award of attorney fees, either pursuant to the Contract, pursuant to A.R.S. § 12-341.01 (A) and (B), or pursuant to any other state or federal statute, court rule, case law or common law. The Contractor further agrees that this provision shall be contained in all subcontracts related to the project that is the subject of this Agreement. C. Any notices to be given by either party after award of the project must be in writing, and personally delivered or e-mailed to the following addresses: Tim Legler Recreation Services Superintendent City of Prescott Prescott,Arizona 86301 tim.legler@presott-az.gov D. This Agreement shall be construed under the laws of the State of Arizona. �, Packet'Pg. 53 I IPaazo191 8:B.a I Constellation Trail Restroom Pr4 E. This Agreement represents the entire and integrated Agreement between the City and the Contractor and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both the City and the Contractor. Written and signed amendments shall automatically become part of the Agreement, and shall. supersede any inconsistent provision therein; provided, however, that any apparent inconsistency shall be resolved, if possible, by construing the provisions as mutually complementary and supplementary. F. In the event any provision of this Agreement shall be held to be invalid and unenforceable, the remaining provisions shall be valid and binding upon the parties. One or more waivers by either party of any provision, term, condition or covenant shall not be construed by the other party as a y waiver of a subsequent breach of the same by the other party. c G. No oral order, objection, claim or notice by any party to the other shall affect or Modify any of the 0 terms or obligations contained in this Agreement, and none of the provisions of this Agreement 03 shall be held to be waived or modified by reason of any act whatsoever, other than by a definitely agreed waiver or modification thereof in writing. No evidence of modification or waiver other than evidence of any such written notice,waiver or modification shall be introduced in any proceeding. d rn H. In the event of a discrepancy between this Agreement and other documents incorporated into this Agreement,this Agreement shall control over Exhibit"A". I. Non-Availability of Funds: Fulfillment of the obligation of the City under this Agreement is conditioned upon the availability of funds appropriated or allocated for the performance of such obligations. If funds are not allocated and available for the continuance of this Agreement, this a Agreement may be terminated by the City at the end of the period for which the funds are available. No liability shall accrue to the City in the event this provision is exercised; and the City shall not be m obligated or liable for any future payments as a result of termination under this paragraph. a0 J. Israel: Contractor certifies that it is not currently engaged in, and agrees for the duration of this 5 Agreement that it will not engage in a "boycott", as that term is defined in A.R.S. § 35-393, Of Israel. K. The Professional"shall obtain and maintain in effect during the term of,and until final acceptance of all work under this Agreement, a policy or policies of liability insurance with the following coverage: 1) Commercial General Liability—Occurrence Form (if applical le) Policy shall include bodily injury, property damage, personal injury, broad form contractual liability, and XCU coverage. General Aggregate $2,000,000 Products—Completed Operations Aggregate $2,000,000 Personal and Advertising Injury $ 1;000,000 Each Occurrence $ 1,000,000 Fire Legal Liability(Damage to Rented Premises) $ 1:00,000 The policy shall be endorsed to include the following additional insured language: "The City of Prescott shall be named as an additional insured with respect to liability arising out of the activities performed by, or on behalf of the Professional." I Packet Pg. 54 IFB#2019-196 I Constellation Trail Restroom Project 8.B.a 2) Professional Liability(Errors and Omissions Liability) Each Claim $ 1,000,000 Annual Aggregate $ 2,000,000 In the event that the professional liability insurance required by this Contract is written on a claims- made basis, Contractor warrants that any retroactive date under the policy shall precede the effective date of this Contract and that either continuous coverage will be maintained or an extended discovery period will be exercised for a period of two (2)years at the time work under this contract is completed. The policy shall cover professional misconduct or lack of ordinary skill for those positions defined in the Scope of Work of this contract. 3) Business Automobile Liability(if applicable)Bodily Injury and Property Damage for any owned,hired,and/or non-owned vehicles used in the performance of this Contract. o 2 Combined Single Limit(CSL) $ 1,000,000 re (B) City and Professional waive all rights against each other and their directors, officers, partners, commissioners, officials, agents, sub-contractors and employees for damages covered by property insurance during and after completion of the Services. (C) All insurance required pursuant to this Agreement must be written by an insurance company authorized to do business in the State of Arizona, to be evidenced by a Certificate of Authority as defined in ARS Section 20-217, a copy of which certificate is to be attached to each applicable c bond or binder. v (D) Prior to commencing work under this Agreement, the Professional shall provide City with evidence that it is either a "self-insured employer" or a "carrier insured employer" for Workers' Compensation as required by ARS 23-901 et seq., or that it employs no persons subject to the requirement for such coverage. a (E) Notice of Cancellation: With the exception of a ten (10) day notice of cancellation for non- re payment of premium, any changes material to compliance with this contract in the insurance m policies above shall require a thirty(30) day written notice. `` N r_ (F) Acceptability of Insurers: Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A-VII, unless otherwise approved by the City of Prescott Risk Management Division. All insurance is to be placed with an insurer admitted in the state in which operations are c taking place. co (G) Verification of Coverage: Professional shall furnish the City with certificates of insurance re (ACORD form or equivalent approved by the City) as required by this Contract. The certificates for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. Please note the contract number on the Certificate. . r IN WITNESS WHEREOF,have been duly executed by the parties herein above named, on the date and year first above written. ATTEST: //"Z Witness, if Contractor is an Individual (Authorized Si ature) P1 Packet Pg.55 I oly 8.B.a Constellation Trail RestrooiFa�am Pro By: DAvid /4icl (Printed Name) Title: Pj -xl% City of Prescott, a municipal corporation: Greg L.Mengarelli,Mayor UJ F O ATTEST: APPROVED AS TO FORM: re L I- O Maureen Scott, City Clerk Jon M.Paladini, City Attorney • N • U et co N rn O C. CO G1 CO d m d d • I.f� �F+ I Packet Pg. 56 I 1FB#2019-196 Constellation Trail Restroom Project I 8.B.a Contractor's Affidavit Regarding Settlement of Claims and Certification of 1 Completion of Warranties Project: Constellation Trail Restroom Project To the City of Prescott,Arizona: 1. This is to certify that all lawful claims for materials, rental of equipment and labor used in connection with the construction of the above project, whether by subcontractor or claimant in person,have been duly discharged. 2. The Undersigned, for the consideration of$ ‘/, /90 r 99 (total project price) 7 as set out in the final pay estimate, as full and complete payment under the terms of the Contract, o hereby waives and relinquishes any and all further claims or right of lien under, in connection with, 2 or as a result of the above-described project. The Undersigned further agrees to indemnify and save 0 harmless the City of Prescott against any and all liens, claims of liens, suits, actions, damages, = co charges and expenses whatsoever, which said City may suffer arising out of the failure of the it undersigned to pay for all labor performance and materials furnished for the performance of said c project. %6,3 .. 3. This is to further certify that the project is completed to acceptable standards as defined in.the plans c and specifications for said Project Contract Agreement. Any changes to the plans have been noted v on the Construction As-built Mylar Drawings certified by the Engineer of Record, which As-built Drawings have been delivered to the Recreation Services Director. All materials used and v workmanship performed are expressly warranted to be free of defects for a period of twenty four (24)months from the date of final acceptance by the City of Prescott. N c 0 a Signed and ted this lc day of An-it ,20/7. COfY L //, d (Ajjiyfiori Siorture) �a By: ( olt \ti1 c10/ActTCA- CO d �p Title: �1� \ra aA YlW , a) c2 w I Ar).2-0n State of ) County of A 1 �{�1 ! I�/� a SUBSCRIBED AND SWORN to before me by \I11\\V� -VUTAI' 1- this U day of 'NT I 1 20` . c k .14 k \ \J \U /11Y7,I Notary Public Commission Expires O KAYLAWARHURST Notary Pub io-State of Arizona YAVAPAI COUNTY My Commission Expires November 16,2021 I Packet Pg.57 I I8.0 biii-0Hw PRESCOTT Ep yy31-6atctUrdiG COUNCIL AGENDA MEMO MEETING DATE/TYPE: VOTING MEETING 5-14-19 - DEPARTMENT: Field and Facilities.Services AGENDA ITEM: Award of contract to Southern Tire Mart and Prescott Tire Pros utilizing Arizona-State Contract No. CTR042117-1 for an annual amount of $300,000.00 (City Contract No. 2019-220). Approved By: Michael Lamar, City Manager Item Summary This item requests approval to award a five year contract for the purchase of new heavy and light duty tires, retreads, mounting, changing of tires, and other service related items as required by the City's Fleet Maintenance Division. The annual requirement is approximately $200,000.00 for heavy duty and $100,000.00 for light duty for an annual estimated amount of$300,000.00. Background The State of Arizona in conjunction with the National Association of State Procurement Officals (NASPO) recently competitively bid, under the management of NASPO Valuepoint, and awarded contract no. CTR042117-1 to Bridgestone Americas Tire Operations, LLC, to provide tires and services furnished by approved dealers. The City utilizes the Arizona State contract for tires and services that include various local and state dealers to provide tires and service statewide. Fleet Services will be utilizing Southern Tire Mart, and Prescott Tire Pros as the approved dealers for local service. The current contract is a five year contract expiring 03/31/2024. The contract allows the City to purchase tires on contract pricing throughout this period. Financial Impact Funding is available within the Fleet Services annual budget. I Packet Pg.58 I I 8.0 I AGENDA ITEM: Award of contract to Southern Tire Mart and Prescott Tire Pros. utilizing Arizona State Contract No. CTR042117-1 for an annual amount of $300,000.00 (City Contract No. 2019-220). Recommended Action: MOVE to award City contract No.'2019-220 to Southern Tire Mart and Prescott Tires. 2 I Packet Pg. 59 81' ci*in,PRESCOTT Eve,- �X°"' '° COUNCIL AGENDA MEMO MEETING DATE/TYPE: VOTING MEETING 5-14-19 DEPARTMENT: Public Works AGENDA ITEM: Award City Contract 2019-222 to Test America Laboratories, Inc. for Water and Wastewater Analytical Services in an amount not to exceed $75,000.00 annually. Award City Contract 2019-223 to Legend Technical Services of Arizona, Inc. for Water and Wastewater Analytical Services in an amount not to exceed $75,000.00 annually. Funding is available in the Water and Wastewater Funds. FUNDING SOURCE: Wastewater Fund, Water Fund Approved By: Michael Lamar, City Manager Item Summary This item is to award a contract to Test America Laboratories, Inc. in the amount of $75,000.00 and to award a contract to Legend Technical. Services.of Arizona, Inc., in the amount of $75,000.00 to provide laboratory analytical services for water and wastewater regulatory compliance. The term of each contract shall be for a period of three-years with an option to extend for two additional one-year terms. Background The Water and Wastewater .Divisions both require analytical testing .to remain in regulatory compliance. The City's water system is regulated by ADEQ and EPA requirements to maintain compliance with the Safe Drinking Water Act. Samples are collected from the water system by City staff and sent to compliance laboratories on a weekly, monthly, quarterly and annual basis. Additionally, some sampling occurs on a three-year or five-year cycle per the requirements in the Safe Drinking Water Act. The results of the testing are published annually by Water Operations in the Consumer Confidence Report (CCR) as required by ADEQ. Sampling results are also reported to ADEQ to maintain compliance of the water system. The Sundog Wastewater Treatment Plant and the Airport Water Reclamation Facility (AWRF) both operate under an Aquifer Protection Permit issued by the Arizona Department of Environmental Quality-(ADEQ) which requires sampling to maintain permit compliance. The AWRF also operates under an Underground Storage Facility Permit issued by Arizona Department of Water Resources (ADWR) which requires I Packet Pg.60 I .1 8.D I AGENDA ITEM: Award City Contract 2019-222 to Test America Laboratories, Inc. for Water and Wastewater Analytical Services in an amount not to exceed $75,000.00 annually. Award City Contract 2019-223 to Legend Technical Services of Arizona, Inc. for Water and Wastewater Analytical Services in an amount not to exceed $75,000.00 annually. Funding is available in the Water and Wastewater Funds. compliance sampling. Samples are collected from treated effluent, groundwater monitoring wells, and surface water from both Watson and Willow Lakes. These samples are sent to compliance laboratories on a monthly,quarterly and annual basis to be analyzed for various permit parameters. All results are reported to ADEQ and ADWR as required to maintain compliance of the wastewater and surface water systems. Procurement ' A solicitation for bids was published on March 17th, and March 24th, 2019. Bids were . publically opened on April 11th, 2019. The City received two responsive bids: • Test America Laboratories, Inc. • Legend Technical Service of Arizona, Inc. Each bid contained analytical testing prices for over 200 line items as highlighted in the attached bid schedule. Contracting with both laboratories will allow the City to maximum flexibility for accurate analytical testing services.. Financial Impact Funding is available in the FY19'Water and Wastewater Rinds. Funding for FY20 and beyond is pending budget adoption by City Council. Attachments . 1. Water Wastewater Analytical Services 2019 - Bid Tab Recommended Action: 1. MOVE to award City Contract 2019-222 to Test America Laboratories, Inc.; and 2. MOVE to award City Contract 2019-223. to Legend Technical Services of Arizona, Inc. I Packet-Pg.61- I I 8.D.a I Water Wastewater Analytical Services Bid Tab Test America Legend Technical °r Laboratories Services f° 3 Drinking Water I I a, Microbiology Lowest Bid i Parameter Cost Cost c co Total coliform `m w Colilert $ 16.00 $ 12.00 48 Colisure No Bid No Bid co Presence-Absence $ 16.00 No Bid `o v Heterotrophic Plate Count $ 16.00 $ 20.00 N Fecal coliform $ 16.00 $ 25.00 os Viruses No Bid $ 425.00 P Giardia and Cryptosporidium No Bid $ 375.00 m Inorganics 0 0 Parameter Cost Cost c" H Alkalinity $ 13.00 $ 12.00 to Cyanide(total) $ 28.00 $ 40.00 E di Fluoride $ 12.00 $ 13.00 co rts Nitrate as N $ 12.00 $ 13.00 w Nitrate + Nitrite $ 12.00 $ 15.00 >' co Nitrite as N $ 12.00 $ 13.00 c Q Oxygen, Dissolved $ 8.00 $ 15.00 d pH $ 8.00 $ 8.00 3 Sulfate $ 12.00 $ 13.00 y Total Dissolved Solids $ 13.00 $ 12.00 Inorganic Chemistry Group $ 130.00 $ 139.00 d Parameter Cost Cost r c Chloride $ 12.00 $ 13.00 Fluoride $ 12.00 $ 13.00 0 Nitrate $ 12.00 Calc. $13.00 `° Q Packet Pg. 62 I I 8.D.a Water Wastewater Analytical Services Bid Tab Nitrite $ 12.00 $ 13.00 L 0-Phosphate $ 12.00 $ 13.00 Y Sulfate $ 12.00 $ 13.00 d Ion Chromatography Group $ 72.00 $ 78.00 co Organic Compounds -o Parameter Cost Cost iv Alachlor $ 270.00 $ 285.00 ; Aldrin * # only included once. i Benzoa[a]pyrene * # co Carbon Tetrachloride $ 62.00 $ 120.00 v N Di (2-ethylhexyl)adipate # #Included in EPA525$285.00 Di(2-ethylhexyl) phthalate * # co Endrin * # :o m Heptachlor # Heptachlor epoxide * # co 0 Hexachlorobenzene * # N CO) Hexachlorocyclopentadiene # o Methoxychlor * # d Dichloromethane * ## ## Included in EPA524$120.00 cn Ws Metolachlor * # 2 Metribuzin * # To Propachlor * # Q Simazine * # a; Organic Compounds Group $ 332.00 $ 405.00 3 d Volatile Organic Compounds 0 Parameter Cost Cost i Vinyl chloride * ## only included once. co 1, 1-Dichloroethene * ## ## Included in EPA524$120.00 i Dichloromethane * ## c trans-1, 2-Dichloroethene * ## E cis-1, 2-Dichloroethylene * ## c.) Chloroform * ## `o . Q I Packet Pg. 63 I I 8.D.a I Water Wastewater Analytical Services Bid Tab 1, 1, 1-Ttrichloroethane . ## Carbon tetrachloride #1# °' a 1, 2-Dichloroethane ## d r Benzene ## H as Trichloroethene ## •a 1, 2-Dichloropropane ## c Bromodichloromethane ## a`) r Toluene „ ## 1, 1, 2-Trichloroethane . ## co Tetrachloroethene ## v N Dibromochloromethane ## la Chlorobenzene ## H Ethylbenzene ## -a m, p-Xylene ## m o-Xylene ## CI 0 Styrene ## y Bromoform ## c.) 1, 4-Dichlorobenzene ## Z m 1, 2-Dichlorobenzene *. ## U) �a 1, 2, 4-Trichlorobenzene ## a Xylenes(total) ## >' as TTHM Group $ 42.00 $ 60.00 Q VOC Group $ 62.00 $ 120.00 CD r Metals m Parameter Cost Cost N Antimony $ 7.25 $ 12.00 Arsenic $ 7.25 $ 12.00 a) Beryllium $ 7.25 $ 8.00 1° Cadmium $ 7.25 $ 12.00 c Calcium Hardness $ 5.00 $ 8.00 0 E Calcium $ 7.25 $ 8.00 r Chromium $ 7.25 $ 8.00 as . Q Packet Pg. 64 I I 8.D.a Water Wastewater Analytical Services Bid Tab Copper $ 7.25 $ 8.00 ` Lead $ 7.25 $ 12.00 Magnesium Hardness $ 5.00 $ 8.00 m y Magnesium $ 7.25 $ 8.00 Nickel $ 7.25 $ 8.00 i Selenium $ 7.25 $ 12.00 c m Sodium $ 7.25 $ 8.00 Thallium $ 7.25 $ 12.00 Total Hardness $ 5.00 Calc. $16.00 co Total Metals Group $ 109.25 $ 128.00 co Metals by ICP Group $ 94.25 $ 56.00 sa Metals by ICP/MS Group $ 94.25 $ 72.00 F Radiochemistry ° m Parameter Cost Cost Gross Alpha 50 $ 45.00 r' 0 Gross Beta 55 $ 30.00 (N' w Radium 226 $ 85.00 $ 80.00 Radium 228 $ 85.00 $ 110.00 d Radon 222 $ 84.00 $ 70.00 cn 3 Total Radium $ 5.00 $ 190.00 o Cesium $ 80.00 $ 175.00 .2' To Iodine Included w/Cesium $ 175.00 c Q Strontium $ 105.00 $ 154.00 }, Tritium $ 70.00 $ 85.00 3 Uranium $ 90.00 $110.00 Radiation a) y Gamma Emitting Isotopes Included w/Cesium $ 160.00 Radiochemistry Group $ 709.00 $ 1,194.00 o UCMR 2 Assessment Monitoring ca Parameter Cost Cost c EPA 527 No Bid No Bid E EPA 529 No Bid No Bid U fa Q I Packet Pg.65 I 8.D.a I Water Wastewater Analytical Services Bid Tab Parameter I Cost Cost I EPA 521 I No Bid No Bid 7,5 d EPA 525.2 I No Bid No Bid a3i EPA 535 I No Bid No Bid a7 R Haloacetic Acids by Gas Chromatography (GC Parameter Cost Cost a co Monochloroacetic Acid * $ 115.00 only included once. a; ti Dichloroacetic Acid * ### $115.00 Trichloroacetic Acid * ### co Monobromoacetic Acid * ### v N Dibromoacetic Acid * ### HAA5 * $70.00 t`s Other Drinking Water Methods Parameter Cost Cost m EPA 100.1 Group $ 108.00 $ 115.00 c EPA 504.1 Group $ 50.00 $ 65.00 N H EPA 515.3 Group $ 168.00 $ 165.00 a) EPA 525.2 Group $ 270.00 $ 285.00 t a) EPA 547 Group $ 85.00 $ 120.00 cn EPA 548.1 Group $ 85.00 $ 120.00 0 EPA 549.2 Group $ 85.00 $ 120.00 >' a: EPA1613 -Tetras $250.00 ** $ 300.00 ** Pricing is for TCDD Only a Langelier Index $ 5.00 $ 40.00 ate`, Pesticides/PCBS-505 $ 120.00 $ 100.00 3f0 WAS ItWAItK N AIRPORT WRF ROUTINE DISCHARGE MONITORING i Parameter Unit Price Unit Price m 1° Total Nitrogen Calculation $5.00 Calculation Nitrate-Nitrite(as N) $ 24.00 $ 26.00 c Total Kjeldahl Nitrogen(TKN) $ 25.00 $ 30.00 Ea' Total Group Price $ 54.00 $ 56.00 0 1P6 - co Eels(Total) I a • I Packet Pg.66 I 8.D.a Water Wastewater Analytical Services Bid Tab Antimony $ 7.251 I $ 12.00 L Arsenic $ 7.25 $ 12.00 iii m Barium $ 7.25 $ 8.00 3 m Beryllium $ 7.25 $ 8.00 iii Cadmium $ 7.25 $ 12.00 i Chromium $ 7.25 $ 8.00 c co Cyanide(free) $ 28.00 $ 40.00 ate`) Fluoride $ 12.00 $ 13.00 1° Lead $ 7.25 $ 12.00 co Mercury $ 23.00 $ 28.00 mit N Nickel $ 7.25 $ 8.00 Selenium $ 7.25 $ 12.00 as Thallium $ 7.25 $ 12.00 :a m Total Group Price $ 135.50 $ 185.00 rice Unit MIMI co 0 Benzene $ 62.00 #$120.00 N y Carbon tetrachloride # only included once. a) o-Dichlorobenzene * # para-Dichlorobenzene * # N To 1,2-Dichloroethane * # e, 1,1-Dichloroethylene * # #Compond included in EPA 624To cis-1,2-Dichloroethylene * # ct c trans 1,2 Dichloroethylene * # a; Dichloromethane * # f° 3 d 1,2-Dichloropropane * # N Ethylbenzene * # i Hexachlorobenzene I $ 270.00 $ 300.00 Hexachlorocyclopentadiene * # Monochlorobenzene * $300.00 c Styrene * # Tetrachloroethylene * # Toluene * I # r Q I Packet Pg.67 I 8.D.a Water Wastewater Analytical Services Bid Tab Trihalomethanes(total) # L 1,1,1-Trichloroethane # 1,2,4-Trichlorobenzene # 3 a) 1,1,2-Trichloroethane # co) iti Trichloroethylene # Vinyl Chloride # c co Xylenes(total) # a`, Total Group Price $ 332.00 $ 420.00 as AIRPORT WRF ROUTINE DISCHARGE MONITORING to Parameter Unit Price Unit Price co Anions .� Iron $ 7.25 $ 8.00 as (- Manganese $ 7.25 $ 8.00 v Total Organic Carbon $ 25.00 $ 40.00 m Total Dissolved Solids $ 13.00 $ 12.00 a' 0 Sodium $ 7.25 $ 8.00 N N Potassium $ 7.25 $ 8.00 0 Calcium $ 7.25 $ 8.00 aa) Magnesium $ 7.25 $ 8.00 To Chloride $ 12.00 $ 13.00 Sulfate $ 12.00 $ 13.00 c' n: Alkalinity $ 13.00 $ 12.00 c Q Total Group Price $ 118.50 $ 138.00 +; SUNDOG WWTP ROUTINE DISCHARGE MONITORING 3 Parameter Unit Price Unit Price d N Total Nitrogen(Calc) I Calculation $5.00 Calculation i Nitrate-Nitrite As N I $ 24.00 $ 26.00 d Total Kjeldahl Nitrogen(TKN) I $ 25.00 $ 30.00 Total Group Price I $ 54.00 $ 56.00 c E Antimony $ 7.25 $ 12.00 v Arsenic I $ 7.25 $ 12.00 a I Packet Pg.68 I 8.D.a Water Wastewater Analytical Services Bid Tab Barium $ 7.25 $ 8.00 Beryllium $ 7.25 $ 8.00 a) Cadmium $ 7.25 $ 12.00 3 d Chromium $ 7.25 $ 8.00 H as Cyanide(As free cyanide) $ 28.00 $ 40.00 i Fluoride $ 12.00 $ 13.00 c co Lead $ 7.25 $ 12.00 `m .r Mercury $ 23.00 $ 28.00 as Nickel $ 7.25 $ 8.00 co Selenium $ 7.25 $ 12.00 co v Thallium $ 7.25 $ 12.00 Total Group Price $ 123.50 $ 185.00 as H Compounds Unit Price All a Benzene $ 62.00 # $120.00 m Carbon Tetrachloride * # only included once. 0 o-Dichlorobenzene * # N N para-Dichlorobenzene * # c°'i 1,2-Dichloroethane * # a> 1,1-Dichloroethylene * # 0) Ts cis-1,2-Dichloroethylene * # a trans-1,2-Dichloroethylene * # >. a: Dichloromethane * # c ct 1,2-Dichloropropane * # a) Ethylbenzene Ethylbenzene * # 3 Monochlorobenzene * # a' Styrene * # f° Tetrachloroethylene * # m r Toluene * # Trihalomethanes(total) * # c 1,1,1-Trichloroethane * # 1,2,4-Trichlorobenzene * # c) 1,1,2-Trichloroethane * # Q I Packet Pg.69 I I 8.D.a I Water Wastewater Analytical Services Bid Tab Trichloroethylene * # Vinyl Chloride * # 'a-) Xylenes(total) # 3 d Total Group Price $ 62.00 $ 120.00 #Corn pond included w AIRPORT WRF GROUNDWATER MONITORING Parameter Unit Price Unit Price co co Total Nitrogen(Calc) Calculation$5.00 Calculation m Nitrate-Nitrite as N $ 24.00 $ 26.00 ca Nitrate as N $ 12.00 $ 13.00 co Nitrite as N $ 12.00 $ 13.00 tO v N Total Kjeldahl Nitrogen(TKN) $ 25.00 $ 30.00 Total Group Price $ 78.00 $ 56.00 co Unit Price Unit Price AMMO -a Antimony $ 7.25 $ 12.00 m Arsenic $ 7.25 $ 12.00 (3)..-- 0 Barium $ 7.25 $ 8.00 N cn Beryllium $ 7.25 $ 8.00 Cadmium $ 7.25 $ 12.00 m Chromium $ 7.25 $ 8.00 N To Cyanide(free) $ 28.00 $ 40.00 a r Fluoride $ 12.00 $ 13.00 a' ea Lead $ 7.25 $ 12.00 < Q Mercury $ 23.00 $ 28.00 m Nickel $ 7.25 $ 8.00 3 Selenium $ 7.25 $ 12.00 a) N Thallium $ 7.25 $ 12.00 R Total Group Price $ 135.50 $ 185.00 m Parameter Unit Price Unit Price I `° Benzene $ 62.00 #$120.00 E°' Carbon tetrachloride * I I # only included once. o-Dichlorobenzene * I I # 1° Q I Packet Pg.70 I 8.D.a Water Wastewater Analytical Services Bid Tab para-Dichlorobenzene * # m 1,2-Dichloroethane * # 1,1-Dichloroethylene * # m cis-1,2-Dichloroethylene * # as trans-1,2-Dichloroethylene * # Dichloromethane * # R 1,2-Dichloropropane * # d co Ethylbenzene * # Hexachlorobenzene $ 270.00 #$300.00 co Hexachlorocyclopentadiene * # it N Monochlorobenzene * # Styrene * # co Tetrachloroethylene * # TS m Toluene * # • Trihalomethanes(total) * # a) 0 1,1,1-Trichloroethane * # y 1,2,4-Trichlorobenzene * # ca. 1,1,2-Trichloroethane * # cu Trichloroethylene * # cn To Vinyl Chloride * # 0 Xylenes(total) * # >' co Total Group Price $ 332.00 $ 420.00 #Compond included Q L d Iron $ 7.25 $ 8.00 3 Manganese $ 7.25 $ 8.00 h to Total Organic Carbon $ 25.00 $ 40.00 Total Dissolved Solids $ 13.00 $ 12.00 d Sodium $ 7.25 $ 8.00 c° Potassium $ 7.25 $ 8.00 Calcium $ 7.25 $ 8.00 E Magnesium $ 7.25 $ 8.00 c co Chloride $ 12.00 $ 13.00 = Q I Packet Pg. 71 I I 8.D.a Water Wastewater Analytical Services Bid Tab Sulfate $ 12.00 $ 13.00 L Alkalinity $ 13.00 $ 12.00 a) Total Group Price $ 118.50 $ 138.00 3 m Surface Water Recharge-SOURCE WATER QUALITY MONITORING R Parameter Unit Price Unit Price i Inorganics R Alkalinity $ 13.00 $ 12.00 d Ammonia $ 16.00 $ 20.00il Boron $ 7.25 $ 8.00 co Calcium $ 7.25 $ 8.00 to v N Chloride $ 12.00 $ 13.00 a Fluoride $ 12.00 $ 13.00 ra (- Nitrate(as N) $ 12.00 $ 13.00 -a Nitrite(as N) $ 12.00 $ 13.00 m Nitrate and Nitrite(as N) $ 12.00 $ 26.00 °' 0 Potassium $ 7.25 $ 8.00 N co Sodium $ 7.25 $ 8.00 m n Sulfate $ 12.00 $ 12.00 Total Dissolved Solids $ 13.00 $ 12.00 to Total Group Price $ 143.00 $ 166.00 Ts r NEM $ e U >' To Antimony 7.25 $ 12.00 c Q Arsenic $ 7.25 $ 12.00 d Barium $ 7.25 $ 8.00 3 Beryllium $ 7.25 $ 8.00 N Cadmium $ 7.25 $ 12.00 ra Chromium $ 7.25 $ 8.00 0 Copper $ 7.25 $ 8.00 f° Iron $ 7.25 $ 8.00 c Lead $ 7.25 $ 12.00 Magnesium $ 7.25 $ 8.00 Manganese $ 7.25 $ 8.00 1° r . Q I Packet Pg. 72 I 8.D.a I Water Wastewater Analytical Services Bid Tab Mercury $ 23.00 $ 28.00 L. Nickel $ 7.25 $ 8.00 iii d Selenium $ 7.25 $ 12.00 3 m Thallium $ 7.25 $ 12.00 N co Zinc $ 7.25 $ 8.00 v Total Group Price $ 131.75 $ 172.00 c m IIIIIIF aria SVOCs) w Benzene $ 62.00 #$120.00 3 Benzo(a)Pyrene * # only included once. co Carbon tetrachloride * # a N o-Dichlorobenzene * # para-Dichlorobenzene * # cc H 1,2-Dichloroethane * # -a 1,1-Dichloroethylene * # m cis-1,2-Dichloroethylene * # °' 0 trans-1,2-Dichloroethylene * # N Dichloromethane * # 0 1,2-Dichloropropane * # Ethylbenzene * # co Ethylene Dibromide * # 2 r Hexachlorobenzene $ 270.00 #$300.00 >' To Hexachlorocyclopentadiene * # Q Monochlorobenzene * # a.) Styrene * # 3 Tetrachloroethylene * # d N Toluene * # `° 1,1,1-Trichloroethane * # m tic 1,2,4-Trichlorobenzene * # 1,1,2-Trichloroethane * # c Trichloroethylene * # E Trihalomethanes(Total) * # s c) Vinyl Chloride * i # cc Q I Packet Pg.73 I 8.D.a I Water Wastewater Analytical Services Bid Tab Xylenes(total) I * I I # Total Group Price I $ 332.00 I I $ 420.00 #Compond included a) 3 a) Alachior $ 270.00 $ 285.00 ca is Altrazine * # * Pricing included with 525 price$270.00 i Carbofuran $ 85.00 $ 120.00 ** Pricing included with 515 price$168.00 c Chlordane $ 120.00 $ 100.00 *** Pricing included with 531 price$85.00 `m Dalapon $ 168.00 $ 165.00 _**** Pricing included with 508 price$120.00 2,4-Dichlorophenoxyacetic Acid ** ## co Dinoseb ** ## #Pricing included with 525 price$285.00 a CV Diquat $ 85.00 $ 120.00 ## Pricing included with 515 price$165.00 Endothall $ 85.00 $ 120.00 ###Pricing included with 531 price$120.00 as H Endrin * # $100.00 v Glyphossate $ 85.00 $ 120.00 m Heptachlor * # o' 0 Heptachlor Epoxide * # N u) Lindane * # o Methoxychlor * ### d Oxamyl *** ### cn Pentachlorophenol ** ## 9 Picloram ** ## isca Simazine * # c Q L. Toxaphene **** #### d 2,4,5-Trichlorophenoxypropionic Acid ** ## 3 o Total Group Price $ 898.00 $ 1,030.00 0 BIOSOLIDS TCLP Parameter Unit Price Unit Price y r TCLP(Metals) $ 100.00 $ 176.00 r c m E c) as Q Packet Pg. 74 I 8.E cITYor PRESCOTT �11Uy�J/Zda1Gt`d!J/G COUNCIL AGENDA MEMO MEETING DATE/TYPE: VOTING MEETING 5-14-19 DEPARTMENT: Public Works AGENDA ITEM: Award of City Contract No. 2019-219 to Asphalt Paving & Supply, Inc., for the Prescott Lakes Parkway Water Main Extension Project, in the amount of $155,855.55. Funding is available in the Water Fund. FUNDING SOURCE: Water Fund Approved By: Michael Lamar, City Manager Item Summary This item is to approve City Contract No. 2019-219 with Asphalt Paving & Supply, Inc. for construction of the Prescott Lakes Parkway Water Main Extension Project in the amount of, $155,855.55. The location of the project is shown on the attached vicinity map. Background The Prescott Lakes Parkway Water Main Extension Project generally consists of construction of a new 12-inch water main along the east side of Prescott Lakes Parkway. The main will connect to an existing 8-inch water main in Pressure Zone 14 and will also connect to a 12-inch main currently in Pressure Zone 0 that will become Pressure Zone 14 at the completion of the project. This small water main extension will have multiple positive benefits to the City's water system, including reducing high pressures in portions of Willow Lake Road, creating a looped system in Zone 14 and eliminating a downstream pressure zone and associated pressure reducing valve.(PRV) station. On January 9, 2019, the City entered into professional services Contract No. 2019-017 with Kimley-Horn and Associates for design and other engineering services for the Prescott Lakes Parkway Water Main Extension Project in the amount of $35,170.00. Bid ready plans and bid documents have been completed and the project subsequently advertised for construction bids. Bid Results The project was publicly bid on two consecutive weeks, March 31, 2019, and April 7, 2019. Five (5) bids were opened April 18, 2019, with the following results: I Packet Pg.75 18.E I AGENDA ITEM: Award of City Contract No. 2019-219 to Asphalt Paving & Supply, Inc., for the Prescott Lakes Parkway Water Main Extension Project, in the amount of $155,855.55. Funding is available in the Water Fund. Company. Location Bid Amount Asphalt Paving & Supply, Inc. Prescott Valley, AZ $155,855.55 Scholtz Contracting, LLC Mesa, AZ . $176,847.50 Earth Resources Corporation Dewey, AZ $210,701.00 Mountain High Excavating, LLC Flagstaff, AZ $227,284.00 Kinny Construction, LLC Flagstaff, AZ $230,276.25 Engineer's Estimate $168,200.00 Written confirmation of the bid has been received from Asphalt Paving & Supply, Inc. Verification of license, bonding, references, and past performance of similar projects is complete. Based on this information, the bid is deemed responsive and balanced. Award of the low bid in the amount of$155,855.55 is recommended.: The City's standard construction contract will be used for this project. Project Schedule Per the contract,all work must be substantially complete within 30 calendar days of the notice to proceed. Pending contract award, the following milestones have been identified: Award of Contract May 14, 2019 Notice to Proceed (NTP) Week of May 20, 2019 Commence Construction Week of May 27,2019 Completion Week of June 26, 2019 Financial Impact Funding for this contract is available from the Water Fund in the FY19 budget. Attachments 1. PLP Water Main Extension Vicinity Recommended Action: MOVE to approve City Contract No. 2019-219. 2 I Packet Pg.76 I i 8.E.a Li.--1—L` � '� � l ell , -- 0 Awl 51 i \ < 6500ft.et4 14 17.1.. -10:310tit f.‘, ,./ ,/ 4-11.4ffea 0 v, ›744k„,, "Pits• ,AZI1 iiiiii, 1 I r_ * ‘v ,‘,,i _N 74 4Z,s,k" `4 4 1,,_,i.,./,"14 t, ,, ti I i nizr I _ ,, „ 1 UJ i $4>V1414% , ‘;1/41 7 It, 4") 2‘.. .tit • /... f's. A. ifilii. 4 PW're'‘.(1SP Y .." 11.7-1.F;T",t1!,. 4 v,er> - irdi ittelf\_ - --. r . . 1, :. i � � . I I4,„Ale f . I ' i 9 a N II -le RI ....r...`v ,, < Q / 41Q.,\ O ,Nof iiii c/t .‘/, ■ t ir•t,.• ' ,,/' y*, 4\41Viii7 --1 , CORCE I�• •: :, iifã - I . N(tZs...- • , s , D ErSt[ELI 1 ilb4% 4P/* at c 0% e nerr S I-3C CI e 1 c-- flt • 41441;((-... ar Call ELLECarr: ,;'.4„,^ 40 ,4 L_J Ec. 11111 -4 cl /.‘O it 15 a. ' ..t<b• A r—illi —• 411° .,` —I a. ,i5 <,- 'v' 351 Vit;_ii- 4 4.713.11151 vAri / 6k 0 as /14 This map is a product of I I of PRESCOTT LAKES The OtyofPrescott ` I _./ PARKWAY t L��,�i WATER MAIN i orrio PRP COTr EXTENSION PROJECT ,uzIu. L. IOW EO }X/,t; y VICINITY MAP Packet Pg. 77 I 8.F 6nyo'p PRESCOTT may« yJX°n«t°°%L COUNCIL AGENDA MEMO MEETING DATE/TYPE: VOTING MEETING 5-14-19 DEPARTMENT: Public Works AGENDA ITEM: Award of City Contract No. 2019-227 to Natina Products for the Willow Creek and Bashford Court Wall Treatments Project, in the amount of $30,467.00. Funding-,is available in the Streets Fund. Approved By: Michael Lamar, City Manager Item Summary This item is to approve City Contract No. 2019-227 with Natina Products for Willow Creek and Bashford Court Wall Treatments in the amount of, $30,467.00. Walls on Willow Creek Road will be completed between Whetstine Ave and Montana Dr. as well as the trash enclosures in Bashford Court Alley. Background Many. of the retaining walls installed on the east side of the Willow Creek Road Widening project in the late 1990's were faced with a rock veneer. Over the course of time, the rock face failed and began falling off the wall creating a public safety hazard. The remaining rock has subsequently been removed by the City's Street Operations Division, as the walls are adjacent to the sidewalk. This has left bare exposed concrete that gives the walls an unfinished look. The Bashford Court Alley Project originally called for stained concrete and colored split face block for the new trash enclosures. As a right sizing measure, Staff determined that pouring standard concrete and using gray split face block, then staining the surfaces after the concrete had,ample cure time would be a benefit to the project. Procurement The City has successfully used Natina Products for several projects in the past; including applications on concrete water tanks, block walls and masonry buildings. Other products have been utilized on projects with a less than favorable final outcome leading staff back to the Natina product. The City contacted Natina about using their • water based concrete stain on the walls, and applied a sample location at both Willow Creek Road/Country Park Dr. and Bashford Court Alley for Staff to observe. Natina's product is unique to the industry, and as a result, the product and vendor were direct I Packet Pg.78 I I 8.F I AGENDA ITEM: Award of City Contract No. 2019-227 to Natina Products for the Willow Creek and Bashford Court Wall Treatments Project, in the amount of$30,467.00. Funding is available in the Streets Fund. selected for the project. Natina provided a cost estimate to the City for purchase of the product and application. Project Schedule Per the contract, all work must be substantially complete within 14 calendar days of the notice to proceed. Pending contract award, the following milestones have been identified: Award of Contract May 14, 2019 Notice to Proceed (NW) Week of May 27th, 2019 Commence Construction Week of June 3rd, 2019 Completion June 14, 2019 Financial Impact Funding for this contract is available from the Street's Fund in the FY19 budget. The City's standard construction contract will be used for this project. Attachments 1. Natina Willow-Bashford Proposal Recommended Action: MOVE to approve City Contract No. 2019-227. 2 I Packet Pg.79 I8.F.a I • • • - ATIN T� AZ ROC License#265343 Page No. 1 of 1 1555 North VIP Blvd. Casa Grande,AZ 85122 ' (877)762-8462 • • PROPOSAL• - PROPOSAL SUBMITTED To TODAY'S DATE LOCATION-. City of Prescott Tim Sherwood 1/30/19 • Prescott,AZ PHONE NUMBER EMAIL JOB NAME ' Timsherwood@prescott- 928-777-1663 az.com Willow Creek Wall Project - a ADDRESS,CITY,STATE,ZIP I CLIENT CO Z We propose hereby to furnish Natina material and labor necessary for the completion of: • m • 13. Material Quantity Unit Price Total CD I- . • CONCREVE Up to 22,000 SF rustic wall surface. At 6 wall locations $1.20/SF $26,311.00 co � RMF J1 A,- along Willow Creek Rd. co N • TOTAL: $26,311.00 To M AU.NOTE,.EXCLUSIONS AND INCLUSIONS MUST BE INCLUDED ON THE SUBCONTRACT OR PURCHASE ORDER DOCUMENTS O !Z O L a. PLEASE NOTE: Concrete must be free and clear of debris,tire marks,stairis,curing compound,and/or anything else that will stop Natina from a penetrating,and reacting with,the concrete surface. Concrete should dry for at least 30 days before stain is applied so both test panels and project �O concrete should be poured at least 30 days before you need us on site for staining.Sales tax and bonding,if applicable,are not Included in this quote. m . tti • -Proposal Indudes;One mobilization for full scale staining and one for test panels. Full application will not begin until one of the test panels has been CO approved by the client. - �? Proposal Includes:Material and Application at 6 locations along Willow Creek Rd.Barricades and Signage for Sidewalk closure(potential lane shut C down) • Proposal Excludes:Construction water must be provided. City water access is OK.barricades and traffic control. a a3 . Z We propose hereby to furnish material and labor-complete in accordance with above specifications for the sum of: 4.; Twenty-six thousand,Three-hundred And Eleven • dollars ($26,311.00 ) d . Payment as follows: Due when application is completed • • Ali material is guaranteed to be as specified. All work to be completed In a substantial workmanlike manner according to specifications submitted,per standard 0 - practices. Any alteration or deviation from above specifications involving extra costs will be executed only upon written orders,and will become an extra charge over and above the estimate. All agreements contingent upon strikes,accidents or delays beyond our control. Owner to carry fire,tornado and other necessary Q Insurance. Our workers are fully covered by Workmen's Compensation Insurance.If either party commences legal action to enforce its rights pursuant to this agreement,the prevailing party in said legal action shall be entitled to recover Its reasonable attomey's fees and costs of litigation relating to said legal action, as determined by a court of competent jurisdiction. • Authorized �(�:� .�" Note: this proposal may be withdrawn by us • Signature -gl$'es if not accepted within - 60 days. ACCEPTANCE OF PROPOSAL The above prices,specifications and Signature _ conditions are satisfactory and are hereby accepted. You are authorized- to do the work as specified.Payment will be made as outlined above. Signature i j ✓ q - ' Date of Acceptance 31 zS/ Za' I Packet Pg.80 I I8.F.a I ATINA AZ ROC License# 265343 Page No. 1 of 1 1555 North VIP Blvd. Casa Grande,AZ 85122 (877)762-8462 • PROPOSAL (PROPOSAL SUBMITTED'TO TODAY'S DATE LOCATION ' I City of Prescott 11/30/2019 I Prescott,AZ PHONE NUMBER EMAIL JOB NAME Tirm sherwood@prescott- 928-777-1663 az.com Bashford Cu ADDRESS,CITY,STATE;ZIP - -I CLIENT • , • co We propose hereby to furnish Natina material and labor necessary for the completion of: N r c • d Material Quantity Unit Price Total d I- • CON - Up to 2,400 sf multiple i�,�,� pj /� surfaces, enclosures; light $1.73/SF $4,156.00 Tri =a `l�d1RMUI-A tower concrete base •• . . co TOTAL: $4,156.00 N a ALL NOTE,EXCLUSIONS AND INCLUSIONS MUST BE INCLUDED ON THE SUBCONTRACT OR PURCHASE ORDER DOCUMENTS to O 0. 0 .1— PLEASE NOTE: Concrete must be free and clear of debris,tire marks,stains,curing compound,and/or anything else that will stop Natina from n• penetrating,and reacting with,the concrete surface. Concrete should dry for at least 30 days before stain is applied so both test panels and project 'a concrete should be poured at least 30 days before you need us on site for staining,Sales tax and bonding,if applicable,are not Included In this quote. s N his quote has aysignificant labor savings be completed concurrent with Willow Creek Wall Project.Additional costsswill apply If the projects are R separated)T m 3 0 Job proposal is not a true_reNiiion of actual Squwe footage 5quaare footage is only for reference.Tfiisjob wac priced based on field obsenrat_lon and • - provided sketches. CO• Proposal Includes:One mobilization for full scale staining and one for test panels. Full application will not begin until one of the test panels has been . c • approved by the client. R Proposal Includes:Material and Application • Z • �; • Proposal Excludes:Construction water must be provided.Barricades and Signage for Sidewalk closure.Power wash sidewalks. cu . We propose hereby to furnish material and labor_complete in accordance with above specifications for the sum Of: • as Four Thousand, One--Hundred and Fifty-six dollars ($4,156.00 ) Q Payment as follows: Due when application is completed . • All material is guaranteed to be as specified. All work to be completed in a substantial workmanlike manner according to specifications submitted,per standard practices. Any alteration or deviation from above specifications involving extra'costs will be executed only upon written orders,and will become an extra charge over and above the estimate. All agreements contingent upon strikes,accidents'or delays beyond our control. Owner to carry fire,tornado and other necessary insurance. Our workers are fully covered by Workmen's Compensation Insurance.If either party commences legal action to enforce Its rights pursuant to this agreement;the prevailing party in said legal action shall be entitled to recover its reasonable attorney's fees and costs of litigation relating to said legal action,as determined by a court of competent Jurisdiction. Authorized /^: Note: this proposal may be withdrawn by us � .� Signature • g&L if not accepted within 60 days. . ACCEPTANCE OF PROPOSAL The above prices,specifications and Signature ' conditions are satisfactory and are hereby accepted. You are authorized to _� do the work as specified.Payment will be made as outlined above. Signature Date of Acceptance . 3/e..S , i Packet Pg.81 I 18.G I Ciiyo%PRESCOTT COUNCIL AGENDA MEMO MEETING DATE/TYPE: VOTING MEETING 5-14-19 DEPARTMENT: Fire AGENDA ITEM: Adoption of Resolution No. 2019-1688 for appointment of Fire Chief Dennis B. Light as Applicant Agent on Behalf of the City of Prescott Cost Recovery Efforts Regarding Winter Storm of February 21-22, 2019. Approved By: Michael Lamar, City Manager Item Summary - The appointment of a single point of contact known as the Applicant Agent is necessary in order to formally pursue cost recovery efforts with the State of Arizona Department of Emergency Management under Public Assistance Request#73052. Background On February 21, 2019 a State of Emergency Declaration for the ensuing winter storm that occurred from February 21-22,. 2019 was signed. The declaration was authorized under Resolution Number 2716 empowering the Mayor and City of Prescott to declare a proclamation of an emergency or local emergency in accordance with A.R.S Section 26- 311. The signed declaration provided for the necessary emergency management measures to be taken to reduce the severity of the winter storm and to protect the health, safety, and welfare of people and property located within the City of Prescott. Pursuant to the City of Prescott State of Emergency Declaration a subsequent Declaration of Emergency for the 2019 February Winter Storms was made by Governor Ducey and signed on February. 28, 2019. The declaration provided needed support to the cities declaration as a result of the continuing, series of winter storms which produced unusually high amounts of heavy snow and rainfall throughout Arizona; and that the counties, municipalities, and tribal nations declared emergencies in preparation for, and response to, the storms: Apache, Coconino, Gila, Navajo, and Yavapai Counties, Cities of Flagstaff and Prescott, Towns of Payson and Williams, Hopi Tribe, Navajo Nation, and the White Mountain Apache Tribe. The action provides the Fire Chief, Dennis B. Light, the power and authority to act in the best interest of the City of Prescott while seeking cost recovery and/or cost off-sets of monies expended in responding to the needs of the Prescott Community. I Packet Pg.82 I , ,! I 8.G.b I ,' i PROCLAMATION OF EMERGENCY 0 w I WHEREAS, the City Council of the City of Prescott passed Resolution Number 2716, J empowering the Mayor and City of Prescott to declare a proclamation of an emergency or local m ,i emergency, in accordance with A.R.S. Section 26-311; and, c c , • WHEREAS, the undersigned has the authority to determine that an emergency exists c 'l within the City limits of the City of Prescott due to fire, conflagration, flood, earthquake, ;1 explosion, war, bombing, acts of the enemy or any .other natural or manmade calamity or CD 'I disaster, or by reason of threats, occurrences of riots, routs, affrays, or other acts of civil ir. disobedience which endanger life or property within the City of Prescott; and, c ! al WHEREAS, the undersigned has in determined that a Winter Storm has caused or c t threatens to cause injury, damage, and suffering to persons and property located in the City of .Q Q. ' Prescott, Yavapai County, Arizona; and, ¢ WHEREAS,emergency management measures are required to reduce the severity of this co •M Winter Storm and to protect the health, safety and welfare of people and property located in the o l . City of Prescott. N NOW THEREFORE, I, GREG L. MENGARELLI, MAYOR FOR THE CITY OF N PRESCOTT, hereby declare that pursuant to City of Prescott Resolution Number 2716 and 3 •, A.R.S. Section 26-311, an emergency does exist due to this Winter Storm, effective immediately d i and said emergency shall cease upon a duly filed Withdrawal of the Proclamation of Emergency. �' w it FURTHER, I direct the Prescott City Manager, or his designees, to coordinate activities o :, of the emergency response, to take all appropriate action needed to alleviate the effects of this c , Winter Storm, to aid in restoration of essential public services, and to take any and all action �, i deemed necessary to respond to this emergency. E i! �^ Ili i i 1 DATED this 2:i S day of February,2019, at 1.1 , o'clock,G .m. ° 1 c it o ,i 0 !i ATTEST: o ti y Y- L/ GREG L. MEIGAREL I, ayor o MAUREEN SCOTT, City Clerk a w 5 o ;; U '1 APP \1'U FUKM: ii r c E ✓ ,i JON r �l ADINI,- ity Attorney .c.c , ¢ !: i` (i I Packet Pg. 86 I ; i! I 8.G.c I DECLARATION OF EMERGENCY 2019 February Winter Storms fA WHEREAS, beginning on February 16, 2019, and continuing, a series of winter storms are producing unusually high amounts of heavy snow and rainfall throughout Arizona;and WHEREAS, the following counties, municipalities, and tribal nations have declared °° emergencies in preparation for, and in response to,the storms: Apache, Coconino, Gila,Navajo, and Yavapai Counties, Cities of Flagstaff and Prescott, Towns of Payson and Williams, Hopi Tribe,Navajo Nation, and White Mountain Apache Tribe; and v WHEREAS, state agencies, counties, municipalities, and tribal nations have responded, staffed • L their emergency operations centers and have taken emergency measures to protect communities i,7 and residents;and r WHEREAS, several counties, municipalities, and tribal nations opened and staffed shelters and/or warming stations for impacted residents;and 0. c. WHEREAS,residents have been affected by road closures,power outages, and school closures; and N WHEREAS, full impacts from these storms, have not been assessed and are anticipated to o� increase during the remainder of the continued precipitation and following as the temperatures N rise and the snow melts;and WHEREAS, post-winter storm concerns include, but are not limited to, flooding from rapid as melting snow, continued damage to power lines due to wet snow, ice, strong winds and falling 5 trees, structural damages due to weight of excess snow and ice, hazardous road conditions (i.e. black ice,slick or unstable roads),and reduced visibility due.to dense fog after heavy rainfall and d snow;and WHEREAS, in addition to the other effects of winter weather,freezing temperatures and winter conditions throughout Arizona and the Southwest during the month of February have led to a spike in demand of propane supplies throughout the Southwest; and w WHEREAS, private sector efforts to respond to the immediate demand for propane have been stymied by the closure of roads due to winter weather conditions and are further hampered by hours of service regulations that limit the number of hours that truckers who supply the propane can work;and 0 WHEREAS,pursuant to 49 CFR § 390.23 and the Arizona Administrative Code(AAC)R17-5- 203C, such hours of service regulations may be suspended in response to a local or regional • emergency; and WHEREAS, the severity of the propane shortage continues and can be alleviated by a further temporary suspension of the relevant hours of service regulations in Arizona; and rn WHEREAS, the Governor is authorized to declare an emergency pursuant to A.R.S. §26- 303(D); 0 • WHEREAS, the Legislature has authorized the expenditure of funds in an event of an emergency pursuant to A.R.S. §35-192;and I Packet Pg. 87 I I 8.G.c I NOW,THEREFORE I, Douglas A. Du y, Governor of the State of Arizona,by virtue of the } authority vested in me by the Constitution and Laws.of the State, do hereby,determine that the 03 2019 February Winter Storms justifies a-d laration of a State of Emergency, pursuant to A.R.S." t § 26-303(D),and.I.do hereby: . °' J m a. Declare that a State of Emergency exists effective February 16,and continuing,in the N following county areas affected by this winter storm: Apache, Cochise, Coconino, c CD Gila,Greenlee,Mohave,Navajo Pinal;Pima, Santa Cruz,and Yavapai; and o { b. Direct that the sum of $200,00 from the general fund be made available to the 6 Director of the Arizona Division of Emergency Management to be expended in 0 accordance with A.R.S.,§35-1921,A.A.C. R8-2-301 to' 321,.and.Executive Order 79-4; u. and ° d c. Direct that the State of Arizona Emergency Response and Recovery Plan be used to direct and control state and other assets and authorize the Director of the Arizona 'o Division of Emergency Management to coordinate state assets;and• a d. Suspend the requirements contained in A.A.C. R17-5-202 and A.A.C.R17-5-203 that o incorporate Motor Carrier Safety Regulations, 49 CFR §§ 385, 390-399 until March Tr 15, 2019 insofar as they would otherwise apply to any vehicle supplying propane or • r liquefied propane gas in Arizona and N N e.. Declare that all other regulations under the A.A.C.and 49 CFR shall remain in effect. t. vs 2 f. Authorize the Adjutant General to mobilize and call to activate all or such part of the d Arizona National Guard as is determined necessary to assist in the protection of life u_ and property throughout the state.. . '° d il o IN WITNESS WHEREOF, I have hereunto set my hand and caused to be d r affixed the Great Seal of the-.State of IT ` 1\‘� .�Vt tq Arizona. E / 11.1 fii, O #741--- *4 9'4aa. - ' ,,,.,, ,.,... .,,,, ,,...,,,„, .,, \„. _ ., •6,► _,. GOVERNOR d C 03 u $ ; / , DONE" at the Capitol in Phoenix on this `o ' ,_.. s- twenty-eighth day of February in,the Yearr. _ { Two .Thousand Nineteen and of the -4,,\{�;, �' independence of the United States of America the Two Hundred and Forty-Third. . U) ATTEST: E - t , V co a. Secretary.of State I Packet Pg.88 I 18.G I AGENDA ITEM: Adoption of Resolution No. 2019-1688 for appointment of Fire Chief Dennis B. Light as Applicant Agent on Behalf of the City of Prescott Cost Recovery Efforts Regarding Winter Storm of February 21-22, 2019. Financial Impact None. Attachments 1. Resolution No. 2019-1688 2. City of Prescott Proclamation of Emergency Dated: February 21, 2019 3. State of Arizona Declaration of Emergency Dated: February 28, 2019 4. Exhibit A: Designated Applicant Agent Form Recommended Action: MOVE to adopt Resolution No. 2019-1688. 2 I Packet Pg.83 I I 8.G.a I F RESOLUTION NO. 2019-1688 0 N G1 a A RESOLUTION OF THE MAYOR AND COUNCIL OF THE CITY OF PRESCOTT,. ° YAVAPAI COUNTY, ARIZONA, DESIGNATING THE PRESCOTT FIRE CHIEF AS THE APPLICANT AGENT TO THE ARIZONA DIVISION OF EMERGENCY MANAGEMENT FOR COST-RECOVERY EFFORTS; AND AUTHORIZING THE MAYOR AND STAFF c TO TAKE ANY AND ALL STEPS NECESSARY TO ACCOMPLISH THE ABOVE. RECITALS: 00 0 WHEREAS, the City of Prescott ("City") declared a State of Emergency for significant winter storms on February 21, 2019; and, co WHEREAS, the Governor of the .State of Arizona declared a State of Emergency, for various February 2019 winter storms on February 28, 2019; and, 0- WHEREAS, the City. may be entitled to cost-recovery for its expenses in responding to the winter storms in the Prescott area; and, 00 WHEREAS, the City desires to apply to Arizona Division of Emergency �► Management to recover costs in responding to the State of Emergency; and, co WHEREAS, the City needs to name an "Applicant Agent" to make application to . the Arizona Division of Emergency Management; and, d i- WHEREAS, Prescott Fire Chief Dennis B. Light has the necessary experience c and skills in dealing with emergency management and necessary cost-recovery actions and is willing to serve as the City's Applicant Agent. 0 ENACTMENTS: a NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OFco PRESCOTT AS FOLLOWS: co SECTION 1. THAT the City of Prescott hereby appoints and designates Fire Chief o Dennis B. Light as its Applicant Agent for its cost-recovery efforts with the Arizona Division of Emergency Management regarding the February 2019 State of Emergency. co 0 SECTION 2. THAT the Mayor and staff are hereby authorized to execute the attached Arizona Division of Emergency Management Designation of Applicant's Agent Form (Exhibit "A") and to take'any and all steps deemed necessary to accomplish the N foregoing. cc • PASSED AND ADOPTED by the Mayor and Council of the City of Prescott this 14th day of May,2019. 0 I Packet Pg.84 I I 8.G.a I RESOLUTION NO. 2019-1688 Page 2 F 0 0 d GREG L. MENGARELLI, Mayor 0 a> ATTEST: APPROVED AS TO FORM: ° d . m MAUREEN SCOTT, City Clerk JON M. PALADINI, City Attorney d a ' c CERTIFICATION OF RECORDING OFFICER 0. STATE OF ARIZONA ) a County of Yavapai ) ss. I, the undersigned Maureen Scott, being the duly appointed, qualified City Clerk of the City of Prescott, Yavapai County, Arizona, certify that the foregoing Resolution No. 2019-1688 m is a true,_correct and accurate copy of Resolution No. 2019-1688 passed and adopted at a Voting Meeting of the Council of the City of Prescott, Yavapai County, Arizona, held on the 14th day of May, 2019, at which a quorum was present and, by a vote, voted in favor of said resolution. Given under my,hand and sealed this .day of , 2019. 0 c Seal MAUREEN SCOTT, City Clerk Q 0. C) co N aD CO CD 0 0 N O Z c O N a1 EXHIBIT "A" d E ay I Packet.Pg.85 8.G.d I ARIZONA DIVISION OF EMERGENCY MANAGEMENT DESIGNATION OF APPLICANTS AGENT FORM The intent of this DESIGNATION is to appoint an APPLICANT'S AGENT for the following term:. to 'For PCA No. I°502.only , ❑For the period of to ❑ Until further notice Until further notice for HAZMAT incident Q Applicant Name: Q . a CERTIFICATION co ,duly appointed and of (Authorizing Official's Name). (Title) to ,do hereby certify that the information below is true H (Applicant Name)" E and correct, based on a resolution passed and approved by the ' (Governing Body) U of on the ' day of , (Applicant Name) (day) (month) (year) has been designated as the Applicant Agent (Name of Designated Applicant Agent) to act on behalf of Q (Applicant Name) t Q• o> 03 (Authorizing Official's Signature) (Title) (Date) Designated Applicant's Agent L. Name _ Title/Official Position • c cc V Mailing Address �. a City,State,Zip - d 03 Daytime Telephone Number Fax a� (Please include area code end extension if not a direct number) a) E-mail Address Pager/Cell a For ADEM Use Only I x I Received By: July 2000 Form#AZ PA 2044 (initials&Date) E - s CC I Packet Pg.89 I 8.11 I • CITYor PRESCOTT �,�✓�Jk°rytw°� COUNCIL AGENDA MEMO MEETING DATE/TYPE: VOTING MEETING 5-14-19 DEPARTMENT: City Attorney AGENDA ITEM: Adoption of Resolution No. 2019-1693 approving the use of eminent domain to acquire property necessary for improvements to the Government Canyon Bridge. I Approved By: Michael Lamar, City Manager Item Summary Approval of this item would authorize the City Legal Department to commence an Eminent Domain action to acquire property necessary for an important public project. Background The City of Prescott is working on a project to replace the existing Government Canyon Bridge on Butterfield Road. The Bridge is adjacent to and east of property belonging to the Cactus Mobile Ranch Home Community LLC. As part of the engineering design it was determined that the City requires a slope and drainage easement from Cactus Mobil Ranch Home Community LLC. Despite repeated attempts to reach a mutually acceptable purchase price, the owner of Cactus Mobile Ranch Home Community LLC refuses to grant the easements to the City. As a result it is necessary for the City to use its power of Eminent Domain to acquire the easements. The total size of the easements is 5,213 square feet and an appraisal conducted by the City has determined the property is worth a total value of$6,300.00. Attachments 1. Resolution No. 2019-1693 2. Exhibit A- Government Canyon Bridge Recommended Action: MOVE to adopt Resolution No. 2019-1693. I Packet Pg. 90 I I 8.H.a I RESOLUTION NO. 2019-1693 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE CITY OF PRESCOTT, YAVAPAI COUNTY, ARIZONA, APPROVING THE USE OF EMINENT DOMAIN TO ACQUIRE PROPERTY NECESSARY FOR IMPROVEMENTS TO THE GOVERNMENT CANYON BRIDGE. RECITALS: m WHEREAS, the City of Prescott("City")must improve and enlarge the Government c Canyon Bridge, a piece of critical City infrastructure; and, c.> WHEREAS, a parcel of private property must be acquired by the City to complete the project; and, E WHEREAS, despite lengthy negotiations the City and the Owner of the private o property required for the project have been unable to reach a mutually acceptable agreement; and WHEREAS, the City has considered alternatives available to it, have balanced the public good and the private injury resulting from the acquisition of the property and have determined that locating the public improvements on the property results in the greatest public good and the least private injury. a) N ENACTMENTS:' 0). CD NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF PRESCOTT AS FOLLOWS: N d z Section 1 THAT the City finds the property depicted in Exhibit"A"to be . o necessary for a public purpose, namely the construction of critical infrastructure. 3 0 N Section 2 THAT, the City of Prescott Legal Department is authorized to acquire the property required for this project through the eminent domain process.. c Section 3 • . THAT, the Mayor and Staff are hereby authorized to take any and all. steps deemed necessary to accomplish the above. Section 4 THAT by approving this Resolution authorizing the acquisition of the real property described in Exhibit A, the City accepts the dedication of said property as of the date of recordation of the executed deed[s]. I Packet Pg.91 I I 8.H.a I RESOLUTION NO. 2019-1693 PAGE 2 PASSED AND ADOPTED by the Mayor and Council of the City of Prescott this day of , 2019. a) a) GREG L. MENGARELLI , Mayor as ATTEST: APPROVED AS TO FORM: MAUREEN SCOTT, City Clerk JON M. PALADIN!, City Attorney CERTIFICATION OF RECORDING. OFFICER o N STATE OF ARIZONA ) County of Yavapai ) ss. I, the undersigned Maureen Scott, being the duly appointed, qualified City Clerk of the City of Prescott, Yavapai County, Arizona, certify that the foregoing Resolution No. 2019- z 1693 is a true, correct and accurate copy of Resolution No 2019-1693, passed and - adopted at a Voting Meeting of the Council of the City of Prescott, Yavapai County, Arizona, held on the day of 2019, at which a quorum was y present and, by a vote, voted in favor of said resolution. re c a� Given under my hand and sealed this day of , 2019. as Seal City Clerk I Packet Pg.92 I , , I &Kb I , . . EXHIBIT"At' LEGAL DE.SCRII2TION THAT PART OF THE SOUTHEAST QUARTER OF SECTION 34, TOWNSHIP 14 NORTH, RANGE 2 WEST OF THE GILA AND SALT RIVER BASE AND MERIDIAN, YAVAPAI COUNTY, ARIZONA AND PART OF A PARCEL DESCRIBED IN INSTRUMENT NUMBER . 7 W i 6..-0009089, RECORDS OF ,YAVAPAI. COUN7Y, ARIZONA MORE PARTICULARLY 0 DESCRIBED AS FOLLOWS; _ c COMMENCING AT THE NORTHEAST CORNER: OF LOT 1 OF SAID SECTION 34, A FOUND GOVERNMENT LAND OFFICE MONUMENT WITH STAMPING 1966 / 1927 IN A ' 8, 6 INCH STEEL SLEEVE 2.00 FEET DOWN, • - , c CD THENCE SOUTH 89 DEGREES 58 MINUTES. 00 SECONDS WEST (BASIS OF BEARING) ALONG THE NORTH LINE OF SAID LOT 1 AND THE NORTH LINE OF THE > PARCEL DESCRIBED IN SAID INSTRUMENT'2016-0009080, A DISTANCE OF 4513.84 (.9 FEET AND TO THE TRUE POINT OF BEGINNIiVG; c .a E c) THENCE SOUTH 11 DEGREES 26 MINUTES 11 SECONDS WEST, .A DISTANCE OF • 0 42.70 FEET; ..c 0 THENCE SOUTH 69 DEGREES 22 ,MINUTES 59 SECONDS WEST, A DISTANCE OF w 7.9.99 FEET TO A POINT ON THE WEST LINE OF SAID PARCEL; 0 , 0 ._ THENCE NORTH 19 DEGREES 09 MINUTES '58 -SECONDS EAST ALONG THE WEST Elt LINE OF SAID PARCEL, A DISTANCE OF 7406 FEET TO THE NORTHWEST CORNER- & OF SAID PARCEL; - . . co THENCE NORTH 89 DEGREES 58 MINUTES -00 SECONDS EAST ALONG THE NORTH LINE OF SAID PARCEL, A DISTANCE OF 10765 FEET TO THE TRUE POINT OF E. co BEGINNING. o , g CONTAINING 5,213 SQUARE FEET OR 0..12 ACRES MORE OR LESS: . c 0 / ; ; < . .... :t3 2 x w 7 ') 7.77 14;4, 4 kl) 8/ 40643 1 ce ' A = LANCE:C. % < FtoN : EXHIBIT FOR PART OF APN 114-06404H _ .• .• k 3 ,k 400 NO :pi6,,,101 ' ATE:-'. 12/06/17,I PAGE 1 Ori' --4, izoNA...,:.u...sY ' gikVI Arizona $orvoginnd'Mapping , ' - ,c 2411 WEST MODERN,SUITEg ErPIRES 08/30/2019 a 110,PHOENIX AZ85021 - --• \ --,—„ - - TEL(602)246-9919 FAX(602)246-0944 Info@asaml.corn I Packet Pg.93 I / wo3-lwvsvoo1N1 7166-972 MOXtfd 6166-912 (Z09) 131 — N 61OZ�Of/9O SM/d,9 69058 ZV 'XIN30Hd '01I 31If1S 'Na3H1210N 1S3M II'Z S57S4 X08 'O'd . 6uiduew poi du![oiung momn. dg � �2 � • j ' JO Z g9trd I ZOOM = 31da 1101 91d : ON &or No6 01a. 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D9917 � {, 3a00,99.69N 1,99101 I 1e7 3a99,60.61N 1,90W OZ7 Ma69,zz.69S 1,66'6L I. 617 37V3S Of. 1ON a99,91.69 I,9£Zrz 1,£91'0z ( co At 11,9z.1lS I,oL'Zr 1917, r a*0,99.99 ,00 f�9 � �,Zz'o£1 � z3 At �,9o's9 � z7 ',,99,ZZ.9£ 1,90'L£1 1,£9770 I 10 At,9S,9F.19N 1,99 6 117 b1730 I H10N37 I S17/0021 13AYn0 ON/Y 38 I H19N37 1..7N/7 378d1' 3AYfl2 378VI 3N/7 \1 N3.( '9££ 33dd NOA 0906000-91 oz 1N3NfYISN/ Z `Sdf'fN dD.Oz> �/008 377 )d/NnfNfNO3 3fNOH d7 7310IN Nb'/NOLLOOS31/d { I itli H3NbY 37180P1 Sn13V3 8190-90- 1 l N d'd H�OI-90-�1 l N d'd fi�� NO/1 di1N3S3N 1 ' AN6117111 37ddIHM 1(JO.�I (SoN/dd39 SO S/Svt7J- - ` AYVON/7O8 H1rlOS cb ,L6'l ZZ -‘ ,P9'99fr nt,00,99.68S -I 1 Z7 -1® ` A£00,99.69S wog '` ZJ 80d1 ..., 44. _ -£ b'NOZiW 3O 31 d1S rj O9 - Z- 08 Z'1 0 O 0 NNOZINd 'ALAIMO /ddbndt z0 < c 'V V190 L1-009 N db' 1 -Ned `NfrLI `K' NO/133S >\ At I. dO 83NN03 91/1 H1nOS 3H1 3303 1N3W3AVd - 3H1 JO .A7N31S3MH1fOS ;,0 ZZ 3A337S 7331S OZ/2/b' 30 31Y1S 1 a a9 V NI' NAMOO ,0'1-F SI 1N3WRNOfN Z061 / ® 8f�90-OZ-009 .N d'b' cQ \_9961 ONIdNd1S 7bNOLLO3S Hl/M NO141 079 ONnO.1 I co a � Attachment: Exhibit A-Government Canyon Bridge (2490 : Eminent Domain Government Canyon Bridge) 4 I 8.1 I city op PRESCOTT ��yJrtdnlLfiNU/G COUNCIL AGENDA MEMO MEETING DATE/TYPE: VOTING MEETING 5-14-19. DEPARTMENT: City Attorney AGENDA ITEM: Adoption of Resolution No 2019-1692 approving the use of eminent domain to acquire property necessary for the Hope Street drainage improvements. Approved By: Michael Lamar, City Manager Item Summary Approval of this item will authorize the City Legal Department to acquire property necessary for drainage improvements on Hope Street through the eminent domain process. Background The City is required to make improvements to the drainage system on Hope Street. Several Homeowners in the area have agreed to provide the City with drainage easements and temporary construction easements for this project. One property, owned by the IATIA Revocable Living Trust has refused. As a result the City must now acquire the necessary easements through the eminent domain process. 660 square feet of property is required for the drainage easement and 1,005 square feet of property is required for the temporary. construction easement. The City had an appraisal performed that determined the total value of both easements is $4,805.00. Attachments 1. Resolution No. 2019-1692 2. Exhibit A Map Recommended Action: MOVE to adopt Resolution No. 2019-1692. I Packet Pg.95 I 8.I.a I RESOLUTION NO. 2019-1692 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE CITY OF PRESCOTT, YAVAPAI COUNTY, ARIZONA, APPROVING THE USE OF EMINENT DOMAIN TO ACQUIRE PROPERTY NECESSARY FOR THE HOPE STREET DRAINAGE IMPROVEMENTS. RECITALS: WHEREAS, the.City of Prescott ("City") must improve the drainage on Hope street by constructing new City infrastructure;.and, . WHEREAS, a parcel of private property must be acquired by the City to complete c the project; and, WHEREAS, despite lengthy negotiations the City and the Owner of the private c property required for the project have been unable to reach a mutually acceptable agreement; and WHEREAS, the City has considered alternatives available to it, have balanced the "! public good and the private injury resulting from the acquisition of the property and have determined that locating the public improvements on the property results in the greatest . public good and the least private injury. . . N ENACTMENTS: N d NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF . PRESCOTT AS FOLLOWS: w c Section 1 THAT the City finds the property depicted in Exhibit"A"to be . necessary for a public purpose, namely the construction of critical infrastructure. c d Section 2 THAT, the City of Prescott Legal Department is authorized to acquire 1 the property required for this project through the eminent domain process. i Section 3 THAT, the Mayor and Staff are hereby authorized to take any and all steps deemed necessary to accomplish the above. Section 4 THAT by approving this.Resolution authorizing the.acquisition of the real property described in Exhibit A, the City accepts the dedication of said property as of the date of recordation of the executed deed[s]. I Packet Pg. 96 I I 8.I.a I RESOLUTION NO. 2019-1692 PAGE 2 PASSED AND ADOPTED by the Mayor and Council of the City of Prescott this day of , 2019. GREG L. MENGARELLI , Mayor d U) d a - - o ATTEST: APPROVED AS TO FORM: 0, E 0 0 MAUREEN SCOTT, City Clerk JON M. PALADINI, City Attorney • a> N • CERTIFICATION OF RECORDING OFFICER STATE OF-ARIZONA ) N County of Yavapai ) ss. z° I, the undersigned Maureen Scott, being the duly appointed, qualified City Clerk of the City of Prescott, Yavapai County, Arizona, certify that the foregoing Resolution No. 2019- 1692 is a true, correct and accurate copy of Resolution No 2019-1692, passed and ce adopted at a Voting Meeting of the Council of the City of Prescott, Yavapai County, Arizona, held on the day of 2019, at which a quorum was present and, by a vote, voted in favor of said resolution. co Given under my hand and sealed this day of , 2019. Seal City Clerk I Packet Pg. 97 I f 8.Lb I J EXHIBIT "A" 0 . 10 20 40 SCALE: 1" = 20' 1 C.D°\ICC#1°' co:\ d co \\II' o. r ..,..1 )/'co' a) c Ws 0 0 c d c•_ E w o, CO ........ 3 ,„„„, .a. �oe Q x w At i 3 • _69 �e , s Q (0,,. 18215 p DA JAMES A. FOLKERS\`0 oOnnd 1 DRAWN BY: JAF WOODSON DATE: 9-12-18 ENGINEERING 124 N''� "� '''C= EXHIBIT DRAWING FN: EX DWG FLAGSTAFF, AZ 86001 PROJECT NO.:115877 PHONE:(928)774-4636 FAX:(928)774-4646 I Packet Pg.98 I I 8.J I onyop PRESCOTT E,i✓ AlOolet°r°it COUNCIL AGENDA MEMO MEETING DATE/TYPE: VOTING MEETING 5-14-19 DEPARTMENT: Library AGENDA ITEM: Approval of EBSCO Information Services Contract No. 2019-215 in the amount of$12,500.00 per year. Funding is available in the General Fund. FUNDING SOURCE: General Fund I Approved By: Michael Lamar, City Manager Item Summary: Prescott Public Library utilizes a periodicals vendor to provide library patrons with timely access to approximately 170 subscriptions to magazines and newspapers. Consolidation of these subscriptions with one periodical vendor delegates tracking and renewal of these subscriptions to the vendor, and allows this resource to be managed through one vendor instead of 170 vendors. Background: Four bids were received in response to the Request for Proposal (RFP) for Periodical Subscription Services. The RFP indicated that the bidding parties submit their proposed percent below the cost of the publishers current list price. Avanti Enterprises, Inc. submitted the lowest discount percentage. Since this would be a new vendor for the library, a reference check was conducted; Staff contacted seven (7) references and found that: two (2) were disconnected phone numbers; one (1) did not return the phone call; three (3) indicated that they had not used Avanti for several years; one (1) indicated that the purchases to Avanti were primarily books and DVD/CDs, not periodicals. It should be noted that the references called upon were state governments and one school district, there were no public libraries listed as references. These are not comparable to the usage and needs of a public library. Therefore, Avanti is deemed a non- responsible bidder. The determination of whether a bid is "responsive" is distinct from the determination of whether a bidder is "responsible." A bid is responsive if it materially conforms to the requirements of the solicitation, such as completion time, certifications, and licensing. See, e.g., Marshall Found. v. Aronoff, 159 Ariz. 337, 338-39, 767 P.2d 224, 225-26 (App. 1988). Requiring bids to be responsive allows all bidders to have an equal opportunity to obtain the item for sale. When bids vary the terms of the offer, that opportunity is lost. Those who abided by the original terms are cheated of their opportunity if a bid varying the terms is accepted I Packet Pg.99 I 8.J I AGENDA ITEM: Approval of EBSCO Information Services Contract No. 2019-215 in the amount of$12,500.00 per year. Funding is available in the General Fund. because-they did not have the chance to compete on those terms. Id..; see also REM Constr., Inc. v. Houghton, 162 Ariz. 322, 323, 783 P.2d 261, 262 (App. 1989). In contrast, the determination of whether a bidder is. responsible "embraces such elements as the bidder's integrity, skill, capacity, experience, and facilities for doing the wor[k] he is contracting to perform." Brown v. City of Phoenix, 77 Ariz. 368, 373, 272 P.2d 358, 361 (1954). The evaluation of a bidder's responsibility allows the municipality to "form an intelligent and sound opinion as to [the bidder's] fitness and qualifications to do the work." Osborn v. Mitten, 39 Ariz. 372, 377, 6 P.2d 902, 904 (1932). A municipality has a duty not only to comply with the provisions of its own code but also "to act in the public interest, to be fair, honest, prudent and to .exercise a wise discretion[.]" Hertz Drive-Ur-Self System, Inc. v. Tucson Airport Authority, 81 Ariz. 80, 85, 299 P.2d 1071, 1074 (1956); Prescott City Code § 1-27-4 (A) and (B) (city procurement code serves "to ensure fair competitive access to City procurement by responsible suppliers of goods and services" and requires City employees and officials to "conduct themselves in such a manner as to foster public confidence in the integrity of the City procurement organization". . As the Arizona Supreme Court has noted, "[t]he purpose of requiring competitive bidding is `to prevent the plundering of the taxpayers." Brown, 77 Ariz. at 373, 272 P.2d at 361 (citing Osborn, 39 Ariz. at 382, 6 P.2d at 906). As long as the decision to reject a bidder as "non-responsible" is supported by sufficient evidence, it is not arbitrary or capricious. The bids are listed here: Avanti Enterprises, Inc. 22.5% discount EBSCO Information Services 15.0% discount - Rivistas Subscription Services 7.0% discount W.T. Cox Information Services 8.0% discount Therefore, the successful responsible bidder is EBSCO Information Services. The library has used EBSCO Information Services for periodical subscription services for the past five years. Financial Impact The FY20 General Fund Budget includes funding for these subscriptions in the amount of$12,500.00. . Recommended Action: MOVE to approve City Contract No. 2019-215 with EBSCO for 5 years with the option of two (2) one (1) year extensions. . 2 I Packet Pg. 100 I I 8.K I CITYOF PRESCOTT JArtweioam, COUNCIL.AGENDA MEMO MEETING DATE/TYPE: VOTING MEETING 5-14-19 DEPARTMENT: Fire AGENDA ITEM: Approval for the Fire Department to apply for various Fiscal Year 2020 grant funding opportunities. FUNDING SOURCE: Grants Fund Approved By: Michael Lamar, City Manager Item Summary The following Fiscal Year 2020 funding opportunities are expected to be open for grant applications related. to Fire Department operations, capital equipment, and programming: 1. 2019 Assistance to Firefighters Grant 2. 2019 Fire Prevention &Safety Grant (FP&G). 3. 2019 Arizona Homeland Security Grant Program 4. . 100 Club Safety Enhancement Stipends 5. Miscellaneous grants from organizations such as the Arizona and Yavapai County Departments of Emergency Management, Yavapai—Prescott Indian Tribe, State Farm and other insurance companies, Home Depot, Wal-Mart, and other Tribal Nations Until guidance is: issued or a grant application cycle opens, specific funding priorities, eligible. activities, and requirements are not known. However, the Fire Department always has equipment and training needs,;which support pursuing grants. Additionally, capital equipment and facilities can substantially reduce City costs through successful grant application. Background 1. FEMA Assistance to Firefighters Grant(AFG) Grant guidance is generally published in November with an application deadline in December. The program funds equipment, protective gear, emergency vehicles, training and other resources needed to protect the public and emergency personnel from fire and related hazards. 10% City match required. I Packet Pg. 101 I I 8.K I AGENDA ITEM: Approval for the Fire Department to apply for various Fiscal Year 2020 grant funding opportunities. 2. FEMA Fire Prevention and Safety Grant (FP&G) Grant guidance is generally published in March with an application deadline in May. The program supports projects that enhance the safety of the public and firefighters from fire and related hazards. The primary goal is to reduce injury and prevent death among high-risk populations. 5%.City match required. 3. Arizona Homeland Security Grant Program Grant application information is generally published in January or February with an early March deadline. The State Homeland Security Grant Program funds projects that, support terrorism preparedness. Needs of the specialty response teams and interoperability needs such as communication equipment are eligible activities as they serve a dual purpose: They enhance emergency response capabilities that support terrorism preparedness and simultaneously support fire department preparedness for other hazards (hazmat, technical rescue, mass casualty, etc). Typically a 100% funded grant with no City match, although it is a competitive grant among our region. 4. 100 Club of Arizona Safety Enhancement Stipends Requests must be related to firefighter safety and can be submitted quarterly. Requests may replace existing equipment or augment/enhance equipment already in operation. Typically covers 100% of cost with no City match. 5. Miscellaneous grants Throughout the year other opportunities may become available. Sources would be Arizona and Yavapai County Departments of Emergency Management; State Farm and other insurance companies; businesses and organizations that give back to the community; and Tribal Nations that offer grants to meet the Arizona Tribal-State Gaming Compact (Prop 202). These opportunities typically cover 100% of cost with no City match. Financial Impact An amount is included in the Fire Department budget each fiscal year in the event grants are received. The sustainability of any grant and future financial impact on the budget are considered before application. Of the grant resources mentioned above, only the FEMA grant programs require a City match, which is based on our population. To date, all other grant programs mentioned above have been 100% funding. Any grant that is awarded will be brought to the Council for approval of acceptance. 2 I Packet Pg. 102 I I 8.K I AGENDA ITEM: Approval for the Fire Department to apply for various Fiscal Year 2020 grant funding opportunities. Recommended Action: MOVE to approve the Fire Department to apply for grant applications for Fiscal Year 2020. 3 Packet Pg. 103 I I 8.L I CiTyoi,PRESCOTT E,J✓ Jk°„teloru�� COUNCIL AGENDA MEMO MEETING DATE/TYPE: VOTING MEETING 5-14-19 DEPARTMENT: Community Development AGENDA ITEM: RVP19-007, Revision of Plat of Foothill Meadows Unit I, subdividing one existing parcel into two parcels; Zoning is Single-Family 35 (SF-35). Owner: Matthew Sullivan; APN 106-07-021 D. Location: 3217 Jack Drive. Approved By: Michael Lamar, City Manager Item Summary This is a request to subdivide one existing parcel into two parcels. Background The proposed Revision of Plat is within the Foothill Meadows Subdivision Unit I, approved by City Council in 1976. The subject lot 14 is 3.19 acres (138,956 square feet) with a width of 212.62 feet along Jack Drive. The lot, zoned Single-Family 35 (SF-35), features an existing house and accessory structures on the site, which are in conformance with the required building setbacks per Land Development Code (LDC) Section 3.3.3.F/Single-Family 35 (SF-35), Minimum Setbacks. Proposed Revision of Plat and Required Standards The proposed revision of plat will result in two parcels. LDC Section 7.4.5.B/Flag Lots requires: a minimum 20-foot wide "flagpole" and frontage and access from a street, maximum of 150 foot length of the "flagpole" portion; and that the flagpole may not be included in calculating lot size. The proposed Revision of Plat would result in two lots, one of which is a proposed flag lot. The proposed flag lot ("Lot 14B") has a width of 208.03 feet. "Lot 14B" includes a proposed ingress/egress "flagpole" with access to Jack Drive, over 30 feet wide (including an 8 foot utility easement.) The proposed "flagpole" access for "Lot 14B" is 375 long, which exceeds the maximum 150-foot length allowed. Approval of the extended flagpole length has been granted at the staff level by the Community Development Director, in consultation with the Fire Department, which is required by LDC. I Packet Pg. 104 I 8.L I AGENDA ITEM: RVP19-007, Revision of Plat of Foothill Meadows Unit I, subdividing one existing parcel into two parcels; Zoning is Single-Family 35 (SF-35). Owner: Matthew Sullivan; APN 106-07-021D. Location: 3217 Jack Drive. "Lot 14B" has a lot area of 1.297 acres (56,507 square feet), and "Lot 14A" has a lot area of 1.898 acres (82,669 square feet), both of which meet the minimum lot size requirements of LDC Section 3.9.3, exclusive of the flagpole portion. The proposed Revision of Plat complies with LDC Section 3.3.3. "Lot 14A" has a width of 212.62 feet along Jack Drive and "Lot 14B" is 208.03 feet wide, meeting LDC lot width minimum requirement of 150 feet. The existing house and density on "Lot 14B" is in compliance with density regulations. The existing buildings would continue to be in compliance with required setbacks with the proposed Revision of Plat, meeting the minimum setbacks of 30 feet in the front and rear and 12 feet on the sides. Attachments 1. Vicinity Zoning Map 2. Aerial Map 3. Proposed Revision of Plat 4. Site Plan Recommended Action: MOVE to approve RVP19-007. 2 I Packet Pg. 105 I . ....,., j v„711"•.!!!"_‘,.,, ICIM'Y " - iiir "IIIMAIllir. NW ......... , - , 1-. ''',:., ",".- . -e" •,- . RVP19-007 • ,- - -•'•-•„ -- 4 .";:,,,,-..- ---Isc .." 7 , 8.L.a * . . 4 . ,,s„..1 , --,•-' - ' ,- • --4,0d-7, • •• . .'. :-"----- Foothill Meadows Revision of Plak____,----7, . •.;',' . V•••a' '".- --.::•ft•e.04.': --- -- -:-.•-, • 44- '-`4,- - -, Attachment 1: Vicinity Zoning Map * •--;' .. . 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"-. i .,•:- _- ,.... .a .4. 7 I' it.: tr 41.‘""- ;` ; .t.;',' _1- . 1) .•• ,pf- ' Ca ;;.0 Jil t I .1 — ., ._-,.. - --1. • 2 artv - ...i.•, ,•13. )‘; ..' . %. li "1 . .":' y'\.,. gi W i •' \ -1.2.,` Vii r \ , . tit • i''. f' \ i ' "7.r. -4 I- • . 1--- - • • ' . . I", - ••• - M ss._ • i 11111 i' • - , ., , p-x..„ -J,:..- • • k (si:' •1- , ..4-' ! , • ' ff 8 1 „- - '`'' • . . ,,.. • 2 — .43 ; . , •._-- ' \., - - - - •r.1,‘' 1 . , 1 -, \ ''\ / , 3 CD .4 ..-t• 04 , - \ -, ' •J • • . I • , •, - o' . 1 t L 'i : „. ,..1,1-i \ ' St) Xn -I1 . , • •y•:ki„ . ). \ . I i 2 , i < . . : t- ' , V ,., kilk, • " • '11 It , _ , - •I- • - - - • - • * I • . = T ‘... _ ..,, ., .,_ . ,:' -0 • 9 * ir , A4tit .,• ,., . —• ' • F° - - % •::,'"" ;"-* , • AP . C. - .iii-' "., 7.!....-., •.•••""tr'..a;j< ...aisuivaitioa4„.:, ;ii `4,- Attachment: Aerial Map (2492 : RVP19-007 Foothill Meadows Unit I Revision of Plat) .1 . 0.t.. * igtl, in 4„,..,.•. A. a i mi•i..i.ii..1 t 1 . , . 1 1 . .' • RVP19-007 I A`4 I Foothill Meadows Revision of Plat • Attachment 3:Revision of Plat REVISION OF PLAT, prrlI ARATITIN APPROVAI R A PORTION OF THAT ALL THEW FL BY THESE AND TR PRESENTS: APPROVED BY THE MAYOR AND COUNCIL OF THE CRY OF PRESCOTT ON THIS PROPERTYPROPT OWNERS RS IIH RIGHT OF SURVIVORSHIP. VI ORSHIPRS SOLE OWNERS OF AS PORTION COMMUNITY LOT 14, FOOTHILL MEADOWS UNIT 1 HILL WITH 1,A DEFINED FSURBY THE WARRANTY DEED RECORD BOOK 14, DAY OF 2018 FOOTHILL MEADOWS PAGEUNIT 1.AS DEFINED BYTHE WARRANTY DEED RECORDED IN BOOK 1034 OF OFFICIAL RECORDS, 848,AND THE FINAL PLAT OF FOOTHILL MEADOWS UNIT I. REC.BK.19 MAPS AND PLATS,PG.52 YCRO OFFICE OF THEOYAVAPAIOED IN UOK 19 OF NTY RECOORDER..LOCATEDS IN SECTGE ION.ON FILETOWNSHIP 11+4 NORTH.RANGE 2 WEST OF THE GILA AND SALT RIVER BASE AND MERIDIAN,YAVAPAI COUNTY.ARIZONA MAYOR LOCATED IN SECTION 9,TOWNSHIP 14 NORTH,RANGE 2 WEST,G&SRB&M HAVE ADDOWS UNIT 1.,1 D UNDER NAME ES THIS PLASION OF PLAT, AS AND FOR A•REVISION OF FLAT YAVAPAI COUNTY,ARIZONA A PORTION OF LOT 14,FOOTHILL MEADOWS UNIT 1.AND HEREBY DECLARE THAT: CLERK 1.THIS REVISION OF PLAT DIVIDES A PORTION OF LOT 14 INTO TWO LOTS BY CREATING NEW LOT LINES AS SHOWN HEREON; APPROVED BY THE COMMUNITY DEVELOPMENT DEPARTMENT OF THE CITY OF PRESCOTT ON GENERAL NOTES 2.TEE REVISED LOTSANE SUBJECTTOALLMATTERS AS MAYBE CURRENTLYOFREC005 THIS DAY OF .2019. AFFECTING THE ORIGINAL PLATTED LOT: NL CONOIRU CIION AND GROUND DISTURBANCE AGIMTIES ARE SUBJECT TO COMPLIANCE lmSTHE REOOUREEETNRF TNE ROSION NPREE900R OTT ODE.TITL I4IN CHAIES PTER4.-ALL STAGES OF 3.THE REVISED LOTS SHALL BE KNOWN NOW AND HEREAFTER AS LOTS 14AS I4B, CONSTRICTION,INCLUDING NOME CONSTRUCTION AND LANDSCAPAG ON INDIVIDUAL LOTS. FOOTHILL MEADOWS UNIT 1; SEEN 500DAOEO CONTROL MEASURES MUST BE MAIMADED UNTIL All SITES NAVE _ 4.7HIS PLAT CREATES UTILITY EASEMENT OVER LOT 14A IN FAVOR OF LOT I4B AS SHOWN COMMUNITY DEVELOPMENT DIRECTOR AU. • NEW OR RELOCATED PUBLIC UTILITIES WILL BE PLACED UNDERGROUND HEREON; TC INDIVIDUAL PROPERTY OWNER SRAM NOTIMPEDE1 MANMADE OR BLOCK THE ROW OF APPROVED BY THE PDAYOWORKS DEPARTMENT OF THE CITY OF PRESCOTT ON WATER IN ANY DRAINAGE EASEMENT OR NATURAL OR MANMADE WATERCOURSE IN WITNESS WHEREOF.MATTHEW R.SULLNAN AND'RACY H.SULLIVAN,HUSBAND AND THIS DAY OF ,2019. WIFE,AS COMMUNITY PROPERTY OWNERS WITH RIGHT OF SURVIVORSHIP OF THE LANDS CONTAINED WITHIN THE REVISION OF RAT.A PORTION OF LOT 14,FOOTHILL MEADOWS UNIT 1•HAVE EXECUTED THE FOREGOING INSTRUMENT BY SIGNING THEN NAMES.BEING CITY ENGINEER N O DULY AUTHORIZED TO SO Do. ON THIS DAY OF -2019 STATE OF ARIZONA t COUNTY OF YAVAPAI{55 COMPLIANCE g • THIS PLAT IS IN COMPLIANCE WITH CURRENT SUBDIVISION REGULATIONS AND CODES ON THIS DAY OF 2019,DID PERSONALLY APPEAR ESTABLISHED AND ADOPTED BY THE CITY OF PRESCOTT 8 MATTHEWRTSOCLNAN ANS TNACY H.SULLIVAN.WHO EXECUTED THE FOREGOING INSTRUMENT, MCI I NEW H.SULLIVAN tltltl$LLL FOR THE PURPOSES THEREIN CONTAINED.BEING DULY AUTHORIZED TO SO DO. WATER NOTE. • IN WITNESS WHEREOF,I HEREUNTO SET MY HAND AND OFFICIAL SEAL THIS SUBDIVISION IS LOCATED WITHIN THE WATER SERVICE AREA OF THE CITY OF B PRESCOTT,ARIZONA.WHICH IS AN AREA DESIGNATED AS HAT NG AN ASSURED WATER E • SUPPLY PURSUANT TO SECTION B OF ARS 15578 TRACY H.SULLIVAN m ZONING NOTARY PUBLIC ALL CONSTRUCTION SHALL COMPLY WITH CITY CODES AND SETBACK DIMENSIONS g `1 • BASIS OF BEARINGS PER SF•35 ZONING 68 {IL S 00.19Y6-W MY COMISSION EXPIRES: • DF OTC FDO'UI \'I 47.3P /2) FLOODPLAIN pp �. FORTWN31011 ,3VE3' '\ ALL PORTIONS OF THIS REVISION OF PLAT ARE DESIGNATED AS ZONE X(UNSHADED.HAVE d • NOTAPOCFTHfS REPlA1 \ A MINIMAL CHANCE OF FLOODING.AND ARE NOT CONSIDERED TO BE IN A SPECIAL FLOOD • \ N81'1� HAZARD AREA(SFHA).THIS AREA IS SHOWN ON FIRM PANEL 04025C2051H.EFFECTIVE 342.15' (4) \\ \ LOT+e THE CROSSRIOS 3/6/2018, 8 / \ ATWILLWI CREEK RE6DENTLLL E \ wvs�PONEND4� ECBL400AP.PG.+3 CERTIFICATION E N 81.1208' \ 2,g� • \ \ As AND PUTS.PG. I; I,ADAM M.HAYWOOD,A DULY REGISTERED LAND SURVEYOR IN THE STATE OF 4 SCALE:1"=FA' (4) \ ARIZONA;LICENSE NUMBER 67585,DO HEREBY CERTIFY THAT I PREPARED THIS PLAT 1 \ \ 3 FROM AN ACTUAL AND ACCURATE SURVEY OF THE LAND:THAT THE SURVEY OF THE �' O h-5 0 S PREMISES DESCRIBED MD PLATTED HEREON WAS MADE BY ME OR UNDER MY DIRECTION \ DURING THE MONTH OF FEBRUARY:THAT THE MONUMENTS SHOWN HEREON ACTUALLY 3 \ A EXIST:THAT THEIR POSITIONS ARE ACCURATELY SHOWN:AND,THAT SAID MONUMENTS ARE • • �r. - LOT.14B \ SUFFICIENT TO ENABLE PIE SURVEY TO BE RETRACED. 82,669 Sq.Feet \ • LOT 14A a 1.698 Acres_ \- \ I A alb(a ,�' 58,507 Sq.Feat \ y ,C oa .� t297 AA,RO \\ \\ AYWLOT i'o6WCEREICCRR°ESSIENnAL c [•...,( O p��e.IUL'' J \ REO.BK49MSP.PO.IS ! ` • DOCUMENTS USED Wc1 1 l d 9 ti W S 00.1ITNE W \ \ . MAPS ANU RATS.PG.E2 ...4 J ,y 3297 NOTAPART OF THIS REPIAT 74m�4$ o" NEW PRIVATE 1eY+i� ' \ \ •(1) FINAL PUT OF FOOTHILL MEADOW'UNRI Q 4 v2 } REC.BK.19 OF MAPS,PG.52 ry FAVOR AW FAVVO OF LOT I4B N Po i ' \ \\ :4'24. gP CWLWARRAPJ}y EED C �i�� 4) _ NTY DEED _ ��580�"�, \ ADAM M.HAYWOOO,RLS 67585 REINS ZOIB-000595� N 24•0S•35•E E��S�� W,366.tS - 425.OT \ \ BK.40031,PG.BOB MOP _N�• r S80'2228 __ _ - _ �_- 1 FHMU1 \ VICINITY MAP' WARRANTY PG°Lea°e 4 LOT I6 LA `/� (1 ____--s sQ.098"+r if211 Oe UTILTIYaF�SEMENT NAIn A'�' I��u �."� `9' • $9..1X ��� TAPS�Pun.PG.62 070 THIS REPEAT N 24.0532•E EMSTNO NOT APAR _ • IS.BNIGRESSIEGRESS I 38.00' (3) PO0.TION�G OT vo btt bra 201.00051132 ME -"lei". � L-7----i NOT A PART OF TM'S fiFFLAT LEGEND / — M RECORDED AT THE REQUEST OF Wes. THE CRY OF PRESCOTT --• =EASEMENT AS NOTED COPCS=CITY OF PRESCOTT COORDINATE SYSTEM .�L' F.H.M.UI=FOOTHILL MEADOWS UNIT I �� •=CALCULATED POSTON,NOTHING INS.=INSTRUMENT THIS SITE DEED RESTRICTIONS FOUND OR SET WRING THIS SURVEY MBP=MAPS AND PLATS —7� •=PROPERTY CORNER ASNOTED pa,+, ur „Pnr • NEXUS SOUTHWEST LLC REC.=RECORDED REPLATTED LOTS ARE SUBJECT TO ALL COVENANTS, •,4` A 212 S.MARINA ST. CONDITIONS AND RESTRICTIONS ORIGINALLY APPLICABLE (1)=FOUND 1/2'RERAR W/CAP 15138 BK.=BOOK ' 4L� PRESCOTT,AZ 86303 TO FOOTHILL MEADOWS UNIT 1,RECORDED IN BOOK 19 PG..PAGE �_. (928)7785101 OF MAPS AND PLATS,PAGE 52,RECORDS OF YAVAPAI . (2)•FOUND 1/2'REBAR WI TAG LS12005 SQ.FT,=SQUARE FEET 4+•W COUNTY JOB NO:16-703 I DRW:NM (3)•FOUND 1/Y REBAR W/ILLEGIBLE CAP AC=ACRES OV..1 CUENT:SULLIVAN I 124/19 (4).SET 1/Y REBAR W/CAP LS 67585 CREW:AMH I CHK:AMH SCALE:1.a 52 I 124/19 p.a.", (I Id Po"olsin"8 I Hun%'^oP""w III41oa eww n nn- _ F. a �eoo-c�ana:TOM)Ewa wis a"awyaw�y Foothill Meadows Revision of Plat Attachment 4:Site Plan SITE PLAN TO ACCOMPANY . REVISION OF PLAT, WATER SERVICE NOTE PORTI ON OF THE EXISTING MAIN RESIDENCE LOCATED ON PROPOSED LOT 14B LOT 14, FOOTHILL MEADOWSUNIT 1 - iSCURREN-66663.ANDTLY WILL CONTINUE TO {WELL NUMBER 65.68g933,AND WILL CONTINUE TO USE THIS WELL INTO THE FUTURE:THE WATER METER LOCATED ON JACK DRIVE REC.BK 19 MAPS,PG.52 YCRO -II 1 HAS BEEN TLOCKEDHOUSE-SINCE HAS BEEEN ABANDONED ANDLONGER YAVAPAI COUNTY,ARIZONA IN USE. CURRENT APN: 106-07-021 D 321Z JACK DR PRESCOTT,AZ 86303 (1) SCALE:1"=50' i iio JACK DR. ,(2) 60'PUBUC R.O.W. REC.BK.19 OF MAPS . AND PLATS,PG.52 N Brazos'E 3y21B . 9------- ,EXISTING LoT 19 THE CROSSINGS / N 81"126g E • WITH - AT WILLOW CREEK RESIDENTIAL AWNING REC.BIC 49 MP.PO.15 •/ (4)/ 2T85� W- . A LOT 14B LOT 14A ''W •N T GAS MAIN / /, N 24'D535'E o — EXISTING" E)6yS�T�NGC,, MAIN RESIDENCE. SEPTIC TANK , / 212.62' PAanDoNEDWATER a ,Ty-' �f�// / / LINE NOT IN USE - LOTIS,THE CROSSINGS B'WATER MAIN ./. h. Sri -W-- - - -W-—�- -- 4ATIAILLLOW CREEK RESIDENTIAL REa 9K�s eAeP.Pv.15 I . . NEW muIYEASEMENT i--% _ () S80'7278'W. IN FAVOR OF LOT I4B �i�i� -� .--. - . ..i �I � (4)� .. , .SgO'T+ W • /\ :.CABLESER. /. .�� ' (4� •,• TELEPHONE SER / • • / / _ S go'2Z2B W =EASEMENT AS NOTED . �� (3)'4 = .. , .. TRANSFORMER u CALCULATED POSITION;NOTHING. . ../ : • © : -Mr =PREVIOUSLY ABANDONED WATERLINE •. FOUND OR SET DURING THIS SURVEY ' /. / '-G =GAS SERVICE LINE . • =PROPERTY CORNER AS NOTED ' •-ESP•- =ELECTRIC CABLE'&PHONE LINES _ / / (1)=FOUND 12"REBAR WI CAP 15138 / ';> NEXUS SOUTHWEST,LLC g, 45,=LANDSCAPE IRRIGATION VALE .(2) -FOUND 12 ftEi3AR.W%TAG LS12005 212 S.MARINA ST: ' is : ACA11 O.=WATER METER. PRESCOTT AZ 86303 ' OO'-UTILTLY AS NOTED, (3) FOUND 12"RE- BAR' WI ILLEGIBLE CAP (928)7785101 04® (4) SET 12"REBAR W/CAP LS 67585 .;L ©=GASMEIER JOB NO:18-705, -DRW:AMH • .. CLIENT:SULLIVAN EO .ELECTRIC METER• . ':.CREW:AMH I'• CHK.AMH ... .. :SCAIF..•.I =50'' I .128H9 • • „ , I 9.A I CITYor PRESCOTT z�Gy J116vacfdtUi6 COUNCIL AGENDA MEMO MEETING DATE/TYPE: VOTING MEETING 5-14-19 DEPARTMENT: Public Works AGENDA ITEM: Adoption of Ordinance No,. 2019-1661 authorizing the Quit Claim of a portion of Sam Hill Property to Prescott College, Inc. FUNDING SOURCE: General Fund Approved By: Michael Lamar, City Manager Item Summary This item is to authorize the Quit Claim of a portion of the Sam Hill Property to Prescott College, Inc. Background Prescott College Inc. is seeking to obtain title insurance as part of their sale of the Sam Hill property and the Title Company cannot find any title information on a piece of the property in any of the land records. The Title Company's best guess is that this piece may have been part of an abandoned alleyway that never became part of the College's title when they acquired it. The City does not have any records of ever having interest in that piece of property, nor is it shown on the Original Township Map as a roadway or alleyway. The Title.Company has indicated they will insure this piece as well, if the City is willing to provide a Quit Claim deed to Prescott College. City Staff does not see this as an issue, as the City has not and does not claim an interest in the property and Yavapai County has treated the full piece as one tax parcel for many years. Financial Impact There is no cost to the City for this Quit Claim. Attachments 1. Ordinance No. 2019-1661 2. Quit Claim Deed 3. Vicinity Map Packet Pg. 110 I I 9.A I AGENDA ITEM: Adoption of Ordinance No. 2019-1661 authorizing the Quit Claim of a portion of Sam Hill Property to Prescott College, Inc. Recommended Action: Move to adopt Ordinance No. 2019-1661. 2 I Packet Pg. 111 I 19.A.a I ORDINANCE NO. 2019-1661 AN ORDINANCE OF THE MAYOR AND COUNCIL..OF THE CITY OF PRESCOTT, YAVAPAI COUNTY, ARIZONA, AUTHORIZING THE QUIT CLAIM TO PRESCOTT COLLEGE, INC. ALL RIGHT, TITLE OR 'INTEREST IN THE REAL PROPERTY DESCRIBED IN THE ATTACHED QUIT CLAIM DEED, AND AUTHORIZING THE MAYOR AND STAFF TO EXECUTE ANY AND ALL DOCUMENTS TO EFFECTUATE SAID QUIT CLAIM. d RECITALS: o WHEREAS, the City Council has determined that certain quit claim by the City to c Prescott College, Inc. will be in the best interests of the health, safety and welfare of the City of Prescott. ENACTMENTS: co co NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PRESCOTT AS FOLLOWS: - E SECTION 1. THAT the City Council hereby quit claims to Prescott College, Inc. all right, title, or interest in the real property as described in the attached Quit Claim Deed. SECTION 2. THAT, the Mayor and staff are directed to execute any and all documents in order to effectuate the foregoing quit claim deed. PASSED'and ADOPTED by the Mayor and Council of the City of Prescott, Arizona, on cp this day of •, 2019. 0 N O Z w V GREG L. MENGARELLI, Mayor C 0 ATTEST: APPROVED AS TO FORM: V co MAUREEN SCOTT, City Clerk JON M. PALADIN!, City Attorney I Packet Pg. 112 I I 9.A.a I ORDINANCE NO. 2019-1661 PAGE 2 CERTIFICATION OF RECORDING OFFICER STATE OF ARIZONA ) County of Yavapai ) ss. I, the undersigned Maureen Scott, being the duly appointed, qualified City Clerk of the City of Prescott, Yavapai County, Arizona, certify that the foregoing Ordinance No. 2019-1661 is a true, correct and accurate copy of Ordinance No. 2019-1661 passed and adopted at a Voting Meeting of the Council of the City of Prescott, Yavapai County, Arizona, held on the day of 2019, at which a quorum was present and, by a vote, voted in favor of said ordinance. 0 N C I- a Given under my hand and sealed this day of , 2019. E U) d C Seal E City Clerk co c.r r a CD N Co Co C) O O Z co v. C co O L 0 r C d E V R 4- I Packet Pg. 113 I 9.A.b RECORDING REQUESTED BY: AND WHEN RECORDED MAIL TO: Prescott College 220 Grove Ave. Prescott,AZ 86301 SPACE ABOVE THIS LINE FOR RECORDER'S USE QUIT CLAIM DEED For consideration of Ten Dollars,and other valuable considerations, I or we, City of Prescott,an Arizona municipal corporation a hereby quit-claim to E Prescott College, Inc.,an Arizona Nonprofit Corporation v9 all right,title or interest in the following real property situated in Yavapai,County,ARIZONA: To See Exhibit A attached hereto and made a part hereof: ar Affidavit of Value exempt under ARS 11-1134 A4 •; tr N d d Dated: E @o y City of Prescott,a municipal corporation v Greg L.Mengarelli,Mayor CO Packet Pg. 114 I I 9.A.b I State of Arizona County of Yavaoai } SS: On - ,20_,before me personally appeared Grea L.Menaarelli. Mayor of the City of Prescott. an Arizona municipal corporation ,whose identity was proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to this document and who acknowledged that he/she signed the above/attached m document in his or her authorized capacity(les) (Seal) 0 Notary Public Commission Expires: a` E co d E v a 40 e m d a E tQ V. C d E .0 v 1p 1 Packet Pg. 115 f 9.A.b I EXHIBIT A March.26,2019 LEGAL DESCRIPTION FOR SAM'L HILL PARCEL C That portion of G.L.O. Lot 7 of Section 33,Township 14 North,Range 2 West of the Gila and Salt River Meridian,Yavapai County,Arizona,more particularly described as follows: Commencing at the Shaft in hand hole marking the intersection of Granite Street and Willis Street, as depicted on said City.of Prescott Original Townsite, as recorded in Book 4 of Maps and Plats, Page 22, Records of Yavapai County, Arizona, from which the Brass Cap in hand hole marking the intersection of Montezuma Street and Willis Street, as depicted on said City CD of Prescott Original Townsite bears South 88°36'23"East,a distance of 423.88 feet; Thence North 00°53'09" East, alongthe monument line of said Granite Street, a distance of 616.11 feet to the Northerly right-of-way line of Sheldon Street as depicted on said City of Prescott Original Townsite; a Thence North 88°37'52" West, along.said Northerly right-of-way line, a distance of 40.00 feet to the Northerly prolongation of the Westerly right-of-way line of said Granite Street,said point co being the Southeasterly Corner of that certain parcel of land described as Parcel 1 in Book 3499 d of Official Records,Page 862,Records of Yavapai County,Arizona; E Thence North 00°51'51" East,along said Northerly prolongation and the Westerly line of said Parcel 1,a distance of 130.05 feetto the Northeast Corner of said Parcel 1; a Thence North 88°38'48" West, along the Northerly line of said Parcel 1, a distance of 180.00 feet to the Easterly line of that certain parcel of land described in Book 158 of Deeds,Page 309, Records of Yavapai County,Arizona; Thence South 00°52'35" West,along said Easterly line,a distance of 45.45 feet to the Old Fort Whipple Reservation line as it existed in 1871, 1872 and 1873,as shown by the Official Plat of •E Township 14 North, Range 2 West of the Gila and Salt River Meridian, as filed with the General Land Office November 7, 1871,said point being the Taste Point of Beginning; v ' Thence South 84°49'11" East,along said,Reservation Line, a distance_of 30.09 feet to the Northwest Corner of Lot 22 on said Reservation line,as depicted in Book 191 of Land Surveys, Page 51,Records of Yavapai County,Arizona; - Thence South 00°52'35"West, along the West line of said Lot 22,-a distance of 82.55 feet to a point on the Northerly line of said Sheldon Street; Thence North 88°37'52" West,along said Northerly line,a distance of 30.00 feet to the Easterly line of said certain parcel of land described in Book 158 of Deeds,Page 309; N:\01\03177011Admin\Legal Descriptions\G-LG-H]LL-PCLC.docx Page 1 of 2 4550 N 12th Street I Phoenix AZ 85014 602.264.6831 i(F)602.284.0928 . CV CONSULTANTS Packet Pg. 116 9.A.b Legal Description for Sam'l Hill Parcel C March 26,2019 Thence North 00°52'35"East,along said Easterly line,a distance of 84.55 feet to the True Point of Beginning. Containing 2,507 Square Feet or 0.058 Acres,more or less. •`��tl I 7 40 d 33851 c� ALOOCER' 3... a lozo /7* f co co • cip C ' V N:\01\03177011Adniin\Legal Descriptions\G-LG-HILL-PCLC.docx Page 2 of 2 CVIN 4550 N 12th Street I Phoen(c AZ 850141802.284.8831 I(F)002.204.0928 CONSULTANTS Packet Pg. 117 I I 9.A.b I • • BOOK 158 FORT WHIPPLE OF DEEDS , RESERVATION LINE 1 PAGE 309 ' r TRUE POINT OF J /TTLINE, LOT 22 PARCEL 1 d BOOK 3499 0 PAGE t362 Ll c W N SHELDON STREET u) z g— ct ORIGINAL TOWNSITE B CITY OF PRESCOTT (. 0 BOOK 4 OF MAPS&PLATS c-. PAGE 22 co j ..cr <o v a m M = PARCEL C i o E RI 33851. RICHARD G. c ` ALCOCER ,� 1 '► o ., ':' POINT OF COMMENCEMENT WILLISCO �-44* v. STREET • SCALE 1"=60' EXHIBIT SAM'L HILL 1(1, CVL 4550 North 12th Street - Phoenix,Arizona 85014 CONSULTANTS Phone 602-264-6831 PARCEL C CELEBRATING 60 YEARS httpa/www.cvicl.com 1 OF 1 I N:101103177011CaddlExhibitslVX.LG.PCLC.dwg TomD March 28,2019 I Packet,Pg. 118 I r .',7,,,o.......1,7,14. • <I' . *.3 Y • 4 , :, g.. ...,,„ ..") t I ', o.) ''":, t•▪'4)- . ". i . , I ,1111 i • 7 "4# i, • ..,1,- I I,: . it .1 ,'� 11. !_�. r� •., 5 1..,...:**'...7:1!: •jy • • • • • CAB .. 1,, ,l,.... . r a r, 1 , , .. 'It l' yam. lIJJr � L � S/^ -•1 .tifY' 1: ,,,,,„ A , ., . --,, ', • ?ill.. ..-,..... ,,,,.. 4 \ , -.- 4 ,,, 311 111,0 1`�,•7r� 0iS �' r a i 'II rI, �; as C -• -, -• O 40, , �3 N. anite Stree +n., ., ! . :▪ .... 44"-is''. 161‹;k. . - ‘ -D :• • tit ' ` ,, , RP ill/ 1 r ..._,_,40 . k °N ' ...!. '..)ti "-- ''''' :4...r. -' ellf.":„:. ':0., ,.',. v., ... 1, ./ 'i •;,. .* l?' t :a . , { 9 r1 , . 7• . _ ..- i I - At. -;411kt ,. ` - :`r p4 ,s; treet _ j '�- , `T;� 1 "yr �r Y t-- ,i2i,;, t ..1 .,„. _ , . ,i ,ot ". ,. L.,_'' it I; ,y 9•+ . .; + ./,. f • , 49 . `' r . I' 57Cl rfl I r I ? `� a '• r k , C- J: _, Y� -". , _ • * ' / '' ' (r 's 1 CD - s Ct, /I J . IN v. - CD Attachment: Vicinity Map (2463 : Quit Claim Deed-Sam Hill Prescott College) I 10.A.1 I CITYoF PRESCOTT Ev J7-6n.du«ll COUNCIL AGENDA MEMO MEETING DATE/TYPE: VOTING MEETING 5-14-19 DEPARTMENT: City Clerk AGENDA ITEM: Public Hearing and. consideration for a New liquor license application for a Series 9 Liquor Store liquor license from Kim Kenneth Kwiatkowski, applicant, for Circle K Store#9525; Location: 940 Willow Creek Road. I Approved By: Michael Lamar, City Manager Liquor License Application Kim Kenneth Kwiatkowski has applied for a New Series 9 (formerly aSeries 10 liquor license) Liquor Store liquor license for Circle K Store#9525. License Circle K Store#9525 940 Willow Creek Road Applicant Kim Kenneth Kwiatkowski City Application No. 19-338 State Application No. 56734 Sixty Day Processing Deadline May 18, 2019 Staff Recommendation Police Department . In Compliance Community Development In Compliance Business & Sales Tax Licensing In Compliance Public Comments Received None NOTE: State law provides that for a liquor license application, "In all proceedings before the governing body of a city...the applicant bears the burden of showing that the public convenience requires that the best interest of the community will be substantially served by the issuance of a license. "(A.R.S. §4-201') Background The application presented for consideration has complied with each of the following requirements. I Packet Pg. 120 I I 10.A.1 I AGENDA ITEM: Public Hearing and consideration for a New liquor license application for a Series 9 Liquor Store liquor license from Kim Kenneth Kwiatkowski, applicant, for Circle K Store #9525; Location: 940 Willow Creek Road. 1. The application has been filed with the State Liquor Department and released to the City for additional processing. 2. The City application fee, set by Section 4-7-3,of the Prescott City Code, has been paid. 3. The. application has been posted at the proposed location for the required twenty days and statements of opposition or:statements of support received by the City Clerk are attached. 4. The Police Department has reviewed the application according to State law, which precludes issuance of a license to any person who: (1) Within one year has violated any provision of a liquor license or had a liquor license revoked; or.(b) Within five years of the date of application has been convicted of a felony involving moral turpitude. 5. The Community Development Department has reviewed the application to determine whether zoning is proper. 6. The Finance Department has reviewed the application to determine any delinquent tax information. Public Hearing and Action Procedure The City Council's recommendation of approval, disapproval or no recommendation will be forwarded to the Department of Liquor Licenses.and Control ("Department") for their consideration. • Recommendation of Approval If the City Council recommendation is for approval, no hearing is required unless the Director of the Department, the State Liquor Board ("Board"), or any aggrieved party, requests a hearing on the grounds that the public convenience and the best interest of the community will not be substantially served if a license is issued. If no hearing is requested, the Director may approve the license. ' Recommendation of Disapproval If the City Council recommendation is for disapproval of an application, a statement of the specific reasons along with a summary of the . testimony or. other evidence supporting the recommendation for disapproval is required to be attached to the order of disapproval and submitted to the Director, after which a public hearing will be held. No Recommendation If the City Council makes no recommendation, the Director may cancel the hearing and issue the license unless the Board or any aggrieved.party protests and requests a hearing. If the reason for the protest is clearly removed or deemed satisfied by the Director, the Board shall cancel the hearing and the Department may issue the license. 2 I Packet Pg. 121 I I 10.A.1 I AGENDA ITEM: Public Hearing and consideration for a New liquor license application for a Series 9 Liquor Store liquor license from Kim Kenneth Kwiatkowski, applicant, for Circle K Store #9525; Location: 940 Willow Creek Road. Financial Impact The application and license fees have been paid. Attachments • 1. LIQUOR LICENSE SERIES NUMBER DEFINITIONS 2. R19-1-702 Recommended Action: 1) MOVE to close the Public Hearing; 2) MOVE to approve/ deny/make no recommendation for Liquor License Application No. 56734 for a new Series 9 Liquor Store liquor license, for Circle K Store#9525; Location: 940 Willow Creek Road. I Packet Pg. 122 I 1O.A.1.a I LIQUOR LICENSE SERIES NUMBER DEFINITIONS • 1 In-State Producer, all spirituous liquor, produced on-premises, may sell to Arizona-licensed wholesalers only. 2 Out-of-state Producer, all spirituous liquor, produced on-premises, may sell to Arizona-licensed wholesalers only. 3 Microbrewery, less than 1,240,000 gallons of beer produced annually on premises, unlimited on- and off-sale, less than 93,000 gallons may be distributed to retail licensees annually. 4 Wholesaler, all spirituous liquor, purchased from in- and out-of-state Arizona licensed producers, may sell to Arizona-licensed retailers. N 5 Government, all spirituous liquor, may sell to patrons to consume on premises. 6 Bar, all spirituous liquor, off-sale sales in original, unopened container may not exceed 30% of on-sale receipts, may sell to patrons to consume on premises. d a 7 Beer and Wine Bar, beer and wine only, off-sale sales in original, unopened container may not exceed 30% of on-sale receipts, may sell to patrons to consume on premises. 3 3- 9 Liquor Store, all spirituous liquor, may sell "carry-out', to patrons to consume off-premises, on-site temporary sampling events hosted by producer or wholesaler. 9S Liquor Store with Sampling Privileges, all spirituous liquor, may sell "carry-out" to patrons to consume off-premises, provide limited residential delivery, on-site permanent sampling events using store inventory. z 0 10 Beer and Wine Store, beer and wine only, may sell "carry-out"to patrons to consume off-premises, on- site temporary sampling events hosted by producer or wholesaler. T. W 10S Beer and Wine Store with Sampling Privileges, beer and wine only, may sell "carry-out" to patrons to n consume off-premises, on-site permanent sampling events using store inventory. 5 11. Hotel/Motel w/Restaurant, all spirituous liquor, may sell to patrons to consume on premises. 12 Restaurant, all spirituous liquor, may sell to patrons to consume on premises. 13 Farm Winery, produces at least 200 gallons, but not more than 40,000 gallons of wine annually, N produced on premises and by other domestic farm wineries. w 14 Private Club, all spirituous liquor, may sell to bona fide members & their guests for on-premises n consumption. p 15 Special Event, all spirituous liquor, temporary license, off-sale allowed by auction in closed, original container for off-sale consumption, may sell to patrons to consume on premises. w 16W Farm Winery Fair/Festival, authorization issued for a specified.period to a domestic farm winery to serve-samples of its products andsell the products in individual portions for consumption on g the premises or in original, unopened, containers for consumption off the premises. 18 In-State Craft Distillery, less than 20,000 gallons of distilled spirits annually'on-premises, may sell and ship to Arizona licensed wholesalers. May sell and ship to Arizona-licensed retailers when annual production is less than 1,189 gallons. On-and off-sale retail privileges on licensed premises. Attachment 1 I Packet Pg. 123 I 10.A.1.a I 19 Remote Tasting Room, owned and operated by a licensee that concurrently owns one of the following Arizona liquor licenses: (1) Series 2W, Out-of-state Farm Winery; (2) Series 2D, Out-of-state Craft Distillery; (3) Series 13, In-state Farm Winery; or(4) Series 18, In-state Craft Distiller. NOTE: A.R.S.§4-207. (A) and (B) state that no retailer's license shall be issued for any premises which are at the time the license application is received by the director, within three hundred (300) horizontal feet of a church, within three hundred (300) horizontal feet of a public or private school building with kindergarten programs or grades one (1) through (12) or within three N hundred (300) horizontal feet of a fenced recreational area adjacent to such school o building. 0 The above paragraph DOES NOT apply to: a) Restaurants that do not sell growlers (A.R.S.§4-205.02) Series 12 Y b) Hotel/motel license (A.R.S.§4-205.01) Series 11 0 c) Microbrewery(A.R.S.§4-205.08) Series 3 d) Craft Distillery(A.R.S.§4-205.10) Series 18 N e) Government license (A.R.S.§4-205.03) Series 5 f) Playing area of a golf course (A.R.S.§4-207 (B)(5)) g)Wholesaler/Distributor Series 4 h) Farm Winery Series 13 3 I) Producer Series 1 z c> CO z 0 I- z T. w a w Cm z U) W W U) W U) z W V J re 0 a J w C d E .0 cv Q Attachment 1 I Packet Pg. 124 I I 10.A.1.b I Arizona Laws and Regulations Relating to Granting a Liquor License for a Certain Location (pursuant to Arizona Revised Statute §4-201(I)) R19-1-702. Determining Whether to Grant a License for a Certain Location A. To determine whether public convenience requires and the best interest of the community will be substantially served by issuing or transferring a license at a particular unlicensed location, local governing authorities and the Board may consider the following criteria: 1. Petitions and testimony from individuals who favor or oppose issuance of a license and who reside in, own, or lease property within one mile of the proposed ch premises; *� d 2. Number and types of licenses within one mile of the proposed premises; 3. Evidence that all necessary licenses and permits for which the applicant is co eligible at the time of application have been obtained from the state and all other governing bodies; 4. Residential and commercial population of the community and its likelihood of increasing, decreasing, or remaining static; 5. Residential and commercial population density within one mile of the proposed premises; n. 6. Evidence concerning the nature of the proposed business, its potential market, a and its likely customers; 7. Effect on vehicular traffic within one mile of the proposed premises; 8. Compatibility of the proposed business with other activity within one mile of the z proposed premises; 9. Effect or impact on the activities of businesses or the residential neighborhood that might be affected by granting a license at the proposed premises; 10. History for the past five years of liquor violations and reported criminal activity at the proposed premises provided that the applicant received a detailed report of d) the violations and criminal activity at least 20 days before the hearing by the Board; 11. Comparison of the hours of operation at the.proposed premises to the hours of operation of existing businesses within one mile of the proposed premises; and 12. Proximity of the proposed premises to licensed childcare facilities as defined by A.R.S. § 36-881. B. This Section is authorized by A.R.S. § 4-201(I). Attachment 2 I Packet Pg. 125 I I 10.A.2 I CITYoi,PRESCOTT E y1yjX°ntct COUNCIL AGENDA MEMO • MEETING DATE/TYPE: VOTING MEETING 5-14-19 DEPARTMENT: City Clerk AGENDA ITEM: Public Hearing and consideration fora New liquor license application for a Series 12 Restaurant liquor license from Bao Myia Vang, applicant, for Fujiyama Japanese Restaurant& Sushi Bar; Location: 1781 East Hwy 69#15. I Approved By: Michael Lamar, City Manager Liquor License Application Bao Myia Vang has.applied for a New Series 12 Restaurant liquor license for Fujiyama Japanese Restaurant& Sushi Bar. License Fujiyama Japanese Restaurant& Sushi Bar 1781 East Hwy 69#15 Applicant Bao Myia Vang City Application No. 19-340 State Application No. 59591 Sixty Day Processing Deadline May 31, 2019 . Staff Recommendation Police Department In Compliance Community Development In Compliance Business & Sales Tax Licensing In Compliance Public Comments Received None NOTE: State law provides that for a liquor license application, "In all proceedings before the governing body of a city...the applicant bears the burden of showing that the public convenience requires that the best interest of the community will be substantially served by the issuance of a license. "(A.R.S. §4-201) Background The application presented for consideration has complied with each of the following requirements. Packet Pg. 126 I I 10.A.2 I AGENDA ITEM: Public Hearing and consideration for a New liquor license application for a Series 12 Restaurant liquor license from Bao Myia Vang, applicant, for Fujiyama Japanese Restaurant& Sushi Bar; Location: 1781 East Hwy 69#15. 1. The application has been filed with the State Liquor Department and released to the City for additional processing. 2. The City application fee, set by Section 4-7-3 of the Prescott City Code, has been paid. 3. The application has been posted at the proposed location for the required twenty days and statements of opposition or statements of support received by the City Clerk are attached. 4. The Police Department has reviewed the application according to State law, which precludes issuance of a license to any person who: (1) Within one year has violated any provision of a liquor license or had a liquor license revoked; or (b) Within five years of the date of application has been convicted of a felony involving moral turpitude. 5. The Community Development Department has reviewed the application to determine whether zoning is proper. 6. The Finance Department has reviewed the application to determine any delinquent tax information. Public Hearing and Action Procedure The City Council's recommendation of approval, disapproval or no recommendation will be forwarded to the Department of Liquor Licenses and Control ("Department") for their consideration. Recommendation of Approval If the City Council recommendation is for approval, no hearing is required unless the Director of the Department, the State Liquor Board ("Board"), or any aggrieved,party, requests a hearing on the grounds that the public convenience and the best interest of the community will not be substantially served if a license is issued. If no hearing is requested, the Director may approve the license. Recommendation of Disapproval If the City Council recommendation is for disapproval of an application, a statement of the specific reasons along with a summary of the testimony or other evidence supporting the recommendation for disapproval is-required to be attached to the order of disapproval and submitted to the Director, after which a public hearing will be held. No Recommendation If the City Council makes no recommendation, the Director may cancel the hearing and issue the license unless the Board or any aggrieved party protests and requests a hearing. If the reason for the protest is clearly removed or deemed satisfied by the Director, the Board shall cancel the hearing and the Department may issue the license. 2 Packet Pg. 127 I I 10.A.2 I AGENDA ITEM: Public Hearing and consideration for a New liquor license application for a• Series 12 Restaurant liquor license from Bao Myia Vang, applicant, for Fujiyama Japanese Restaurant & Sushi Bar; Location: 1781 East Hwy 69#15. Financial Impact The application and license fees have been paid. Attachments 1. LIQUOR LICENSE SERIES NUMBER DEFINITIONS 2. R19-1-702 Recommended Action: 1) MOVE to close the Public Hearing; 2) MOVE to approve/ deny/make no recommendation for Liquor License Application No. 59591 for a New Series 12 Restaurant liquor license, for Fujiyama Japanese Restaurant & Sushi Bar; Location: 1781 East Hwy 69 #15. Packet Pg. 128 I 10.A.2.a I LIQUOR LICENSE SERIES NUMBER DEFINITIONS 1 In-State Producer, all spirituous liquor, produced on-premises, may sell to Arizona-licensed wholesalers only. 2 Out-of-state Producer, all spirituous liquor, produced on-premises, may sell to Arizona-licensed E wholesalers only. U) 3 Microbrewery, less than 1,240,000 gallons of beer produced annually on premises, unlimited on- and as off-sale, less than 93,000 gallons may be distributed to retail licensees annually. 4 Wholesaler, all spirituous liquor, purchased from in- and out-of-state.Arizona licensed producers, may sell to Arizona-licensed retailers. 5 Government, all spirituous liquor, may sell to patrons to consume on premises. c (a 0. 6 Bar, all spirituous liquor, off-sale sales in original, unopened container may not exceed 30% of on-sale receipts, may sell to patrons to consume on premises. 7 Beer and Wine Bar, beer and wine only, off-sale sales in original, unopened container may not exceed 'g 30% of on-sale receipts, may sell to patrons to consume on premises. d 9 Liquor Store, all spirituous liquor, may sell "carry-out" to patrons to consume off-premises, on-site temporary sampling events hosted by producer or wholesaler. 9S Liquor Store with Sampling Privileges, all spirituous liquor, may sell "carry-out" to patrons to .a' consume off-premises, provide limited residential delivery, � , on-site permanent sampling events using store inventory. z 10 Beer and Wine Store, beer and wine only, may sell "carry-out"to patrons to consume off-premises, on- v site temporary sampling events hosted by producer or wholesaler. co 10S Beer and Wine Store with Sampling Privileges, beer and wine only, may sell "carry-out" to patrons to 0 consume off-premises, on-site permanent sampling events using store inventory. F- z 11 Hotel/Motel w/Restaurant, all spirituous liquor, may sell to patrons to consume on premises. 7_ 12 Restaurant, all spirituous liquor, may sell to patrons to consume,on premises. re 2 13 Farm Winery, produces at least 200 gallons, but not more than 40,000 gallons of wine annually, z produced on premises and by other domestic farm wineries. co 14 Private. Club, all spirituous liquor; may sell to bona fide members & their guests for on-premises y consumption. co z 15 Special Event, all spirituous liquor, temporary license, off-sale allowed by auction in closed, original cwi container for off-sale consumption, may sell to patrons to consume on premises. 16W Farm Winery Fair/Festival, authorization issued for a specified period to a domestic farm winery D to serve samples of its products and sell the products in individual portions for consumption on v the premises or in original, unopened, containers for consumption off the premises. E 18 In-State Craft Distillery, less than 20,000 gallons of distilled spirits annually on-premises, may sell and ship to Arizona licensed wholesalers. May sell and ship to Arizona-licensed retailers when annual < production is less than 1,189 gallons. On-and off-sale retail privileges on licensed premises. Attachment 1 Packet Pg. 129 I I10.A.2.a 19 Remote Tasting Room, owned and operated by a licensee that concurrently owns one of the following Arizona liquor licenses: (1.) Series 2W, Out-of-state Farm Winery; (2) Series 2D, Out-of-state Craft Distillery; (3) Series 13, In-state Farm Winery; or(4) Series 18, In-state Craft Distiller. L NOTE: A.R.S.§4-207. (A) and (B) state that no retailer's license shall be issued for any premises which are at 00 the time the license application is received by the'director, within three hundred (300) horizontal feet of a church, within three hundred (300) horizontal feet of a public or private co school building with kindergarten programs or grades one (1) through (12) or within three °ts hundred (300) horizontal feet of a fenced recreational area adjacent to such schoolas building. w The above paragraph DOES NOT apply to: N a) Restaurants that do not sell growlers (A.R.S.§4-205.02) Series 12 b) Hotel/motel license (A.R.S.§4-205.01) Series 11 c c) Microbrewery(A.R.S.§4-205.08) Series 3 Q, d) Craft Distillery(A.R.S.§4-205.10) Series 18 s e) Government license (A.R.S.§4-205.03) Series 5 f) Playing area of a golf course.(A.R.S.§4-207 (B)(5)) c g)Wholesaler/Distributor Series 4 : h) Farm Winery Series 13 w I) Producer Series 1 c L O 0- • ti N O 2 co .=t ce O J a. C d t tl Attachment 1 Packet Pg. 130 I 110.A.2.b Arizona Laws and Regulations Relating to Granting a Liquor License for a Certain Location (pursuant to.Arizona Revised Statute §4-201(I)) R19-1-702. Determining Whether to Grant a License for a Certain Location A. To determine whether public convenience requires and the best interest of the community will be substantially served by issuing or transferring a license at a co particular unlicensed location, local governing authorities and the Board may consider the following criteria: y U) 1. Petitions and testimony from individuals who favor or oppose issuance of a license and who reside in, own, or lease property within one mile of the proposedco premises; 2. Number and types of licenses within one mile of the proposed premises; 3. Evidence that all necessary licenses and permits for which the applicant is co eligible at the time of application have been obtained from the state and all other co governing bodies; o 4. Residential and commercial population of the community and its likelihood of . co increasing, decreasing, or remaining static; �a 5. Residential and commercial population density within one mile of the proposed premises; : 6. Evidence concerning the nature of the proposed business, its potential market, d and its likely customers; 7. Effect on vehicular traffic within one mile of the proposed premises; cu 8. Compatibility of the proposed business with other activity within one mile of the proposed premises; cr 9. Effect or impact on the activities of businesses or the residential neighborhood that might be affected by.granting a license at the proposed premises; 10. History for the past five years of liquor violations and reported criminal activity at the proposed premises provided that the applicant received a detailed report of n the violations and criminal activity at least 20 days before the hearing by the Board; N 11. Comparison of the hours of operation at the proposed premises to the hours of operation of existing businesses within one mile of the proposed premises; and of, 12. Proximity of the proposed premises to licensed childcare facilities as defined by A.R.S. § 36-881. c d E v B. This Section is authorized by A.R.S. § 4-201(I). . co Attachment 2 I Packet Pg. 131 I I 11.A I CITYoF PR�ESCOTT GOr(yJHincirdp COUNCIL AGENDA MEMO MEETING DATE/TYPE: VOTING MEETING 5-14-19 DEPARTMENT: City Clerk AGENDA ITEM: Appointment of Members to the Board of Adjustment and the Pedestrian, Bicycle and Traffic Advisory Committee. Approved By: Michael Lamar, City Manager Item Summary This item is presented for consideration and approval of the Council Subcommittee for Appointments recommendations to fill vacancies on the. Board of Adjustment and the Pedestrian, Bicycle &Traffic Advisory Committee. Background In December 2011, the City Council adopted Resolution No. 4113-1223 which established a Council policy for membership on Boards, Commissions and Committees, and set forth the procedures for making appointments. The appointment process provides for review and recommendation of applicants by the Council Subcommittee for Appointments, and presentation to the full Council for approval. The Council Subcommittee for Appointments held a meeting on April 16, 2019 to review the submitted applications and determine their recommendations for appointments to forward to the City Council for approval. Financial Impact There is no financial impact associated with this request. Attachments 1. May 2019 BCC Recommendations Recommended Action: MOVE to approve the recommendations of the Council Subcommittee .for Appointments for appointments to the Board of.Adjustment and the Pedestrian, Bicycle & Traffic Advisory Committee as presented in Attachment 1. I Packet Pg. 132 I • I 11.A.a I BCC Appointments May 2019 Board of Adjustment Term Ending 03/2021 Jerry Kaufman 05/14/2019- 03/31/2021 Pedestrian, Bicycle&Traffic Advisory Committee Term Ending 09/2019 .. Dennis Stringer 05/14/2019- 09/30/2019 - � c a a a • � its - Q O - m co ' N ffl O co re 0 CO 2 C1 CO I Packet Pg. 133 I _ ! 11I ciTYoP PRESCOTT Epf.)J7-<°ryrc6.«,L COUNCIL AGENDA MEMO MEETING DATE/TYPE: VOTING MEETING 5-14=19 DEPARTMENT: Community Development AGENDA ITEM: Public Hearing for City of Prescott's,Community Development Block Grant (CDBG) Program Draft PY2019 Annual Action Plan and Adoption of CDBG Annual Action Plan (Resolution No. 2019-1685). I Approved By: Michael Lamar, City Manager Item Summary The City of Prescott receives an annual Community Development Block Grant (CDBG) allocation from the US Department of Housing and Urban Development (HUD) for community development projects. Since 2014, the City has allocated approximately 1.1 million of these funds to sub-recipients for a variety of HUD approved projects and programs. The process is designed to include public participation, with input from non-profits and. other stakeholders in the community. This is accomplished through an open application process and several public meetings including workshops and meetings with the CDBG Citizen Advisory Committee (CAC) to present project ideas and hear evaluation of the projects: The purpose of this public hearing is to give final approval via resolution for the CDBG Program Year (PY) 19 Annual Plan, which will feature programs and projects that have been approved by the CDBG Citizen's Advisory Committee (CAC). Background On March.13, 2019, the Citizen Advisory Committee (CAC) held the first public meeting to discuss priorities for the 2019. program year. Requests and presentations from non- profit providers were given and public comment was taken to allow the public to share their perspective on needs and priorities. On March 20, 2019 the Citizen Advisory Committee (CAC) held a second public meeting to rank and review the CDBG PY applications: This meeting was attended by all members of the CAC, most CDBG Applicants, Community Development staff and the City Attorney. I Packet Pg. 134 I I 11.B AGENDA ITEM: Public Hearing for City of Prescott's Community Development Block Grant (CDBG) Program Draft PY2019 Annual Action Plan and Adoption of CDBG Annual Action Plan (Resolution No. 2019-1685). On April 23, 2019 staff and CAC members gave the council an overview of the CDBG program, draft action plan and proposed projects for 2019. On April 24, 2019 Prescott received notification from HUD of an estimated grant allocation of$244,622.00. 2019 Proposals Received The City of Prescott has received nine applications from seven community based agencies for CDBG program year (PY) 19. The total requests for funding equaled $378,610.00 with an estimated community match of$507,700.00. The total PY19 grant dollars available for sub-recipients are estimated at$206,400.00. OVERVIEW OF PY19 CDBG FUNDS Total CDBG grant = $244,622.00 Total available for public service projects = $38,700.00 Total available for construction projects = $167,700.00 Total available for administration = $38,222.00 Funding for grant allocations is estimated to remain the same with the adjustment taken out of the admin budget for CDBG. Community Development will adjust administrative funds and the budget as needed pending HUD's approval of the annual action plan. The following six (6) programs and projects from six (6) agencies were recommended for funding for PY 19 by the Citizen's Advisory Committee. PUBLIC SERVICE PROJECTS Program Description Funding.Recommended by CAC $38,700.00 West Yavapai Guidance Clinic Senior Peer Program $22,327.00 Transportation for low income People Who Care and disabled adults $10,000.00 Youth Workforce Development . The Launch Pad Teen Center Program $6,373.00 CONSTRUCTION PROJECTS $167,700.00 Prescott Area Shelter Services Expansion Project . $25,000.00 US Vets Whipple Street Project(HVAC) $86,899.00 Coalition for Compassion and Renovation / Addition to 531 Justice Madison Ave ' $55,801.00 Financial Impact 2 I Packet Pg. 135 I 11.6 AGENDA ITEM: Public Hearing for City of Prescott's Community Development Block Grant (CDBG) Program Draft PY2019 Annual Action Plan and Adoption of CDBG.Annual Action Plan- (Resolution No. 2019-1685). This program is funded on a cost reimbursement basis to the sub-recipients and has already been estimated in the budget for fiscal year 2020. The City of Prescott will be reimbursed from HUD as payments are made to sub-recipients. Attachments 1. Resolution No. 2019-1685 2. Annual Action Plan Program Year 2019 Recommended Actions: 1) CLOSE the final Public Hearing on the CDBG Annual Action Plan for PY19 Hearing and 2) MOVE to adopt Resolution No. 2019-1685. 3 I Packet Pg. 136 11.B.a RESOLUTION NO. 2019-1685 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE CITY OF PRESCOTT, YAVAPAI COUNTY, ARIZONA, AUTHORIZING SUBMISSION OF THE ANNUAL ACTION PLAN FOR PROJECT YEAR 2019 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS ("CDBG"), CERTIFYING THAT SAID PLAN MEETS THE COMMUNITY'S PREVIOUSLY IDENTIFIED FIVE YEAR CONSOLIDATED PLAN GOALS AND AUTHORIZING ALL ACTIONS o NECESSARY TO IMPLEMENT AND COMPLETE THE ACTIVITIES OUTLINED IN SAID PLAN. 4.1 ° 0 RECITIALS: ra WHEREAS, the City of Prescott "Prescott" is desirous of undertaking community development activities; and c.9 WHEREAS, Prescott is an Entitlement Community and is administering the CDBG Program; WHEREAS, the "Entitlement Community, CDBG Program" requires that CDBG funds 20. requested address one of the three Congressional mandated National Objectives; and WHEREAS, an Entitlement Community of CDBG funds is required to periodically adopt a, a five-year Consolidated Plan setting out the priorities for the expenditures of CDBG funds; and WHEREAS, the activities within the Project Year 2019 Annual Action Plan addresses the community's housing and community development needs as identified in the five-year Consolidated Plan, including the needs for low and moderate income people; and n. co WHEREAS, an Entitlement Community of CDBG funds is required to comply with the N program guidelines and Federal statutes and regulations. CO ENACTMENTS: r NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF PRESCOTT AS FOLLOWS: 6 Section 1. THAT the City of Prescott hereby authorized submittal be made to the Department of Housing and Urban Development of the Program Year 2019 Annual Action Plan, and co authorizing the Mayor and staff to sign applications and contracts or grant documents for the re receipt and use of CDBG funds and further authorizing the Mayor and staff to take all action c necessary to implement and complete the activities submitted in said plan. Section 2. THAT the applications for CDBG funds must benefit low and moderate income people, aid in the prevention of elimination of slum and blight, or addresses an urgent need that poses a threat to health. Packet Pg. 137 I I 11.B.a I RESOLUTION NO. 2019-1685 PAGE 2 Section 3. THAT the City of Prescott will comply with all Entitlement CDBG Program guidelines, Federal statutes, and regulations applicable to the CDBG Program and certifications contained in these.applications. . PASSED, APPROVED AND ADOPTED by the Mayor and Council of the City of Prescottco . this day of , 2019.• a 0 Greg Mengarelli, Mayor m c.� - o ATTEST: . . . APPROVED AS TO FORM: o a a w Maureen Scott JON M. PALADINI a City Clerk . City Attorney co a) x CERTIFICATION OF RECORDING OFFICER a. M STATE OF ARIZONA ) co County of Yavapai ) ss. c• 4- 0 N O I, the undersigned Maureen Scott, being the duly appointed, qualified-City Clerk of the City of Z Prescott, Yavapai County, Arizona, certify that the foregoing Resolution No. 2019-1685 is a true, O correct and accurate copy of Resolution No. 2019-1685 passed and adopted at a Voting Meeting of the Council of the City of Prescott, Yavapai County, Arizona, held,on the 14th day of May, 2019, to at which a quorum was present and, by a vote, voted in favor of said resolution. a E Given under my hand and sealed this day of , 20.19. 03 Seal MAUREEN SCOT.T, City Clerk I Packet,Pg. 138 I • 11.B.b I Community Development Block Grants . • CDBG a. Annual Action Plan Program Year 2019 ofiENTOp - r 0 * * 17! au FP-Rt_ SCOTT! ) z_r )714i riMItartait/ co 611 D co Community Development Department 0. Michelle Chavez, CDBG Coordinator City of Prescott, 201 S. Cortez Street, Prescott, AZ 86303 Phone: 928-777-1205 Csi Email: michelle.chavezaprescott-az.gov > Website: httb://www.brescott-az.gov/business- develobrnent/communitv-arants/communitv-develobment-block- '3) 2 grants/ co • • a. CITY OF PRESCOTT 0 • ra ANNUAL ACTION PLAN Program Year 2019 CDBG Funding Cycle: July 1, 2019-- June 30, 2020 - , CITYopPRESCOW CDBG-PY 2019 Annual Action Plan -1 - • Es),413.7-1;mtc&fetb Packet Pg. 139 I 11.B.b I Mayor Greg Mengarelli City Council Members Billie Orr (Pro Tern) 0 Steve Blair a Phil Goode (CDBG Liaison) James Lamerson a` Alexa Scholl Steve Sischka 0 Citizens Advisory Committee 0 Jerry Jones, Chair 0. Mary Ann Suttles,Vice Chair Sandy Griffis Robert Painter co Mel Roop CD Torn Benson Connie Contelme a co City Staff N Michael Lamar, City Manager V �, Bryn Stotler, Community Development Director N George. Worley, Planning Manager L. CD co C) 0 a . c a 0 �a c - c c E 0 z ✓J ciTYOFPRESCOTT CDBG-PY 2019 Annual Action Plan ✓✓✓✓✓✓ I Packet Pg. 140 I I 11.B.b I CDBG ACTION PLAN PROGRAM YEAR 2019 FISCAL BUDGET YEAR 2020 EXECUTIVE SUMMARY a The City of Prescott's CDBG Program Year 2019 Action Plan addresses the community public service and housing 'needs of low to moderate income residents living in the City of Prescott. Both the Consolidated Plan 2015-2019 and the, 2019 Annual Action Plans are implemented by the City's 3 Community Development Department. The City of Prescott is proposing projects in the 2019 Annual Action Plan (PY019-2020)that implement m goals spelled out in the City of Prescott CDBG Consolidated_Plan 2015-2019. v As a HUD funded entitlement community, the City will receive federal funds in the amount of o approximately$244,622 in Community Development Block Grants (CDBG). c a It is the City's responsibility to competitively select grant funded projects with public participation in 0- accordance with federal guidelines. 12) ca Funding guidelines are based on HUD -CDBG program annual funding allocation using the following HUD required formula. A. Program Administration—20% of annual allocation B. Public Service Projects— 15% Cap of annual allocation C. Public Facility Development -65% Cap of annual allocation N rn Community Development staff, community leaders, public service providers and homeless advocates N encourage citizen participation throughout the Consolidated Plan and Action Plan process. This includes consulting local service organizations, holding public meetings, and encouraging public CD comment during the public review period. E OBJECTIVES c a The City's key objectives for the PY2019 funding period will address Public Services and Public Facility/Infrastructure Development. . c The public service projects address the community activities that will directly serve at least 51% Low to Moderate Clientele: Projects include the following services provided by eligible 501c3 organizations. c Public Services • Providing senior peer program services to LMI residents via the West'Yavapai Guidance Clinic • Providing essential transportation assistance for elderly and disabled adults primarily LMI via People Who Care • Providing youth workforce development programming to LMI residents at the Launch Pad Teen 03 , Center ' Q Public Facility/Infrastructure Development cITl our P�R�ESCOTT CDBG-PY 2019 Annual Action Plan Eve:gba1foorcloom -3- ✓ ✓dy.'! I Packet Pg. 141 I I 11.B.b I • Provide expanded space for Prescott residents who are LMI seeking temporary shelter via Prescott Area Shelter Services (PASS) • Provide infrastructure support to Prescott area residents who are homeless vets via the US VETS Whipple Street HVAC project • Provide expanded support and space to Prescott area residents who are homeless, (LMI) and in need of wrap around services via the Coalition for Compassion and Justice. °- CDBG Program Administration • Continue to expand partnerships with non-profit groups, government agencies, and private entities to widen the reach of the Prescott CDBG Program. • Lead and administer the PY19 CDBG Annual Action Plan according to federal guidelines. • Work with the Prescott CDBG Citizen Advisory Committee to develop the CDBG 2020-2025 m Comprehensive Plan. • Coordinate with sub-recipients to ensure execution of projects and timely reporting of outcomes. o • Work to ensure completion of past CDBG programs and projects. • Ensure required expenditures of CDBG program funds are met in a timely fashion. o • Purchase operational supplies and services associated with delivering the CDBG program. a ca OUTCOMES c The City's outcomes for this planning period are directed at increased social service availability; and 03 building improvements which serve LMI seniors, youth, veterans, homeless persons and people with disabilities. The City anticipates the following outcomes from its PY 2019 Action Plan activities: • Free rides for over 275 people to meet transportation needs for the elderly, disabled and those °: with physical challenges N • Provide 50 LMI youth with workforce development programming including: job training, informational interviews, resume writing, portfolio development with placement of 35 to 40 0 participants into 3 month internships. a) >- • Provide peer mentoring relationships with LMI senior residents via 2500 home visits in the E program year. cs, 0 • Provide safe housing and services for 200 homeless and highly mobile Prescott residents who are mainly women with children. 10 • Provide 36 homeless individuals with permanent housing. Continue to expand supportive services to move to functional zero shelter beds. • Provide infrastructure investment in permanent housing for 88 previously homeless Veterans. INTRODUCTION The U.S. Department of Housing and Urban Development (HUD) requires all government entities receiving federal Community Development Block Grant (CDBG) funds to prepare an annual Action co Plan. The 2019 Action Plan outlines funding priorities and discusses how activities will meet the community needs identified in the Consolidated Plan 2015-2019. The activities described in this Action Plan are proposed to be undertaken during the period between July 1, 2019 and June 30, 2020. • CDBG-PY 2019 Annual Action Plan CITY ov PRESCOTT Evr SThiactewio -4- I Packet Pg. 142 I 11.B.b The City's General Plan acts as the primary guide for housing and community development practices. The General Plan was ratified by voters in May 2004, amended in October 2009; and, an 11-member 2011 General Plan Committee, appointed by the mayor and council, is working to update the plan in calendar year 2019. Currently, the approved General Plan in effect includes the following elements: o Land Use, Growth and Cost of Development, Circulation, Open Space, Environmental Planning, Water Resources, Economic Development and Community Quality. Goals and strategies that address the varied needs of Prescott's low- and moderate-income households are found throughout the General Plan. Many of these goals and strategies are incorporated into the CDBG Consolidated and Annual Action Plans. Prescott has "Entitlement Status" by the U. S. Department of Housing and Urban Development (HUD) 0 which occurred in August, 2003. The City of Prescott initiated activity associated with the development o of its first Consolidated Plan and Action Plan in autumn, 2004. Both plans were adopted by City 0 Council in May, 2005 and approved by HUD in July, 2005. o To 2 The 2015-2019 Consolidated Plan identifies 22 priority goals and strategies: • Homeless and special needs populations (3) -p • Affordable housing (11) • Minority and low-income neighborhoods (3) °' • Barriers to affordable housing (2) .,7 • Fair housing (1) • Lead-based paint mitigation (1) • Public infrastructure (1) a M All of the goals are considered to have "equal weight" in relation to the needs of the community. An annual review of the goals occurs as part of the planning process for the Action Plan. The process includes the evaluation of proposed projects in relation to the goals and the readiness of a project for o funding. d The application process for provider requests for both construction and public service activities was E presented at the annual CDBG workshop held on January 22, 2019 and a follow up workshop on E January 29, 2019. There were 21 persons in attendance primarily representing non-profit agencies. 2 The workshops encouraged applicants to address new activities, consider collaborative projects and provided an overview of the CDBG 2019 program, application and timelines. Nine funding requests were received from seven agencies for PY 2019. The major objectives of activities undertaken during the Program Year 2019, Fiscal Year 2020 will be: c • Provide outreach services and workforce development services to LMI youth, disabled, and aging adults. E • Support efforts to help homeless or near-homeless Prescott residents secure adequate temporary and permanent housing and receive necessary supportive services. • Improve accessibility to community services directed to youth, elderly and special needs populations. CDBG-PY 2019 Annual Action Plan CITYor PRESCOTT Evar .; 5 Packet Pg. 143 I 11.B.b I BACKGROUND Prescott comprises about 8.3 square miles of land and has over 40,000 residents. The community's residents are older; more educated, and generally have higher income than the residents of Yavapai County. Nonetheless, Prescott does have significant low-income households. The community needs6,3 found within Prescott revolve heavily around the lack of affordable housing, homelessness resources, a and social service needs. w The City of Prescott Community Development Department serves as the lead agency for the administration of CDBG funds. The department, through an extensive public process, coordinates the development of the five year Consolidated Plan, which serves as a five-year strategy to address the needs of low-income residents in Prescott. The plan identifies community needs and provides a 0 strategy to address those needs using CDBG, as well as other federal, state, and local resources. In addition to the Consolidated Plan, the City prepares an annual Action Plan. The Action Plan describes v how funds will be spent each year to address the needs identified in the Consolidated Plan. The Action Plan is submitted to HUD 45 days prior to the start of the City's fiscal year. 0 L RESOURCES a co The development of the 2015-2019 Consolidated Plan and this 2019-2020 Action Plan provide a 03 foundation for the use of federal, state and local resources to address community development priorities. The HUD Community Development Block Grant PY2019 allocation is projected at $244,622 03 (subject to change upon release of funding). _ Agencies requesting CDBG funds are advised that these are anticipated funding amounts; consequently, funds may be eliminated, reduced or increased when the actual HUD funding allocations for PY2019 occur. M Potential recipients of funds are advised that program administration requires that no expenditures or contracts for service are allowed before an actual CDBG PY 2019 sub-recipient agreement is signed or a "notice to proceed" is issued by the City of Prescott. N 03 A City and HUD CDBG program goal is to increase the ability to leverage federal, state and local funds >- to support community development and housing improvements. The following amounts are based on the anticipated funding and are subject to change: c L The funding allocation for CDBG Program Year 2019 is $244,622. Of this amount, a maximum of 15% ($36,693.30) may be used for public service projects; 20% for administrative costs ($48,924.40) which o. include legal notification, advertisements, fair housing workshop, administrator training, personnel and (non-construction) contractor costs. The balance ($159,004.30) will be programmed and available for 7. infrastructure development. The City will allow sub-recipients to bill for administrative costs so as not to reduce their original grant allocations. a In order to address community needs and the goals identified in the Consolidated Plan the City may augment CDBG funds using additional funding sources. These funding sources may include the City's General Fund, Public Works, capitol improvement one cent sales tax funds, and other local public and not for profit resources. 0 GOALS City of Prescott receives CDBG funding and also uses a variety of other local state and federal CDBG-PY 2019 Annual Action Plan CITY ors PRESCOTT Evui JNnoirl � -6- I Packet Pg. 144 I I 11.B.b I resources in support of housing and community development activities. The overall goal of these programs is to serve low-income persons by developing viable urban communities through the following actions: • Provide decent housing o a • Provide suitable living environment Expand economic opportunities • P PP To PUBLIC PARTICIPATION The City of Prescott encourages citizen involvement in the planning, implementation and evaluation of its CDBG Annual Action Plan. This includes activities intended to assist residents of the City, w particularly those with low incomes and those with supportive housing needs. The following section details the opportunities for public involvement in the preparation of this Action Plan. 0 The City of Prescott's Annual Action Plan for Program Year 2019 has been developed in conjunction 03 with input from citizens, social service agencies, non-profit providers, the Citizens Advisory Committee •a and other interested persons. a co c Public Hearings03 ar x On March 13, 2019, the Citizen Advisory Committee (CAC) held the first public meeting to discuss priorities for the 2019 program year. Requests and presentations from non-profit providers and provisions for public commentary were provided to allow the public to share their perspective on needs a and priorities. N On March 20, 2019 the Citizen Advisory Committee (CAC) held a second public meeting to rank and review the CDBG PY applications. This meeting was attended by all members of the CAC, CDBG c Applicants, Community Development staff and the City Attorney. 03 On April 23, 2019, the Prescott City Council will hold a third public hearing. The Community >• Development Staff and CAC Officers will present the 2019 Annual Action Plan to the City Council. os Members of the public will be provided with an opportunity to comment. c Finally on May 14th after a 30 day public comment and review period (April 9 to May 9) City Council will be asked to adopt the PY2019 Action Plan and approve by resolution the CDBG Action Plan for Program Year 2019— Fiscal Year 2020. The Council will include in the resolution, permission to submit the Prescott 2019 Annual Action Plan to HUD. 7. Public Comment Period 3 c A draft of the Program Year 2019 Action Plan was made available for public review and comment for a w 30 day period. The public comment period began on April 9, 2019 and ended on May 9, 2019. The draft document was made available at: City Hall, Office of Grants Administration and in the City Hall lobby area, 201 S. Cortez Street, Prescott; Prescott Downtown Library, 215 E. Goodwin Street, 0 Prescott; and is posted on the City's CDBG web page. z ---�J CDBG•PY 2019 Annual Action Plan CITY or/PRE'/SCOTT ✓ ✓ I Packet Pg. 145 I I 11.B.b I Citizen Participation The Citizens Advisory Committee (CAC), appointed by the Mayor and City Council is made up of a committee of seven local residents. The CAC works with City staff, advisors and the community on issues and subjects associated with housing and community needs and advises the City Council on the co best way to address those needs. The meetings are open to the public. Prescott City Council supports a the CAC recommendations and collective community service providers' efforts in delivering programs and projects funded by Community Development Block Grants. To CONSOLIDATED PLAN PRIORITY GOALS AND STRATEGIES Homeless and Special Needs Population (9 m Goal: Increase supportive services to homeless and special populations. 0 Project: People Who Care—Transportation and non-medical care support. 0 0. Project: U. S. Vets — HVAC installation on Whipple Street to complete the remodel, and create 0. 88 permanent homes for US Vets. -0 c Project: Prescott Area Shelter Services — Upgrading their facility including rehabilitation of infrastructure for support of homeless individuals. a) x Project: Coalition for Compassion and Justice — Upgrading their facility to include space for wrap around services and move to a Housing First model. (Minimizing needs for shelter beds and permanently housing residents formerly homeless). Project: Provide peer mentoring services to home bound senior and highly disabled residents. Priority Strategy. Support organizations that provide supportive services to homeless and special 0) populations. Objective: Decent Living Environment >- Outcome: Availability/Accessibility co 13) The proposed CDBG funded organizations are local Prescott agencies serving special populations: ` seniors, the seriously mentally ill, veterans, individuals recovering from drug and alcohol dependency and the chronically homeless. c 0 Collective Impact To Many of the organizations that serve the special needs population and those with low- to moderate- incomes participate in a County-wide initiative called "Collective Impact." This group convenes on a quarterly basis to tackle affordable housing and homeless and highly mobile issues. The group has a very progressive "Housing First" approach to meeting the needs of the homeless and highly mobile populations. They have also collaborated on a resource brochure and are uniquely connected to track 03 services as they are provided. - Q The list of projects and activities provided in the Introduction and Executive Summary of this action plan is intended to assist with future coordination between the City and other organizations wanting to - CDBG-PY 2019 Annual Action Plan cirrY oy PRESCOTT - - Evvy StioNel 8 I Packet Pg. 146 I I 11.B.b I develop housing projects. The City participates in a regional coalition to find solutions to the impediments to workforce and affordable housing issues. Municipalities participating in the regional coalition include the City of Prescott, the Town of Prescott Valley and Chino Valley. Given the limited financial resources and the combined capacity of the City and other jurisdictions to deliver needed housing services; the system functions satisfactorily. With the availability of CDBG n. funds annually, and with a CDBG-dedicated staff person, the delivery system may be further refined as follows: Goal: Increase coordination within city government, with other organizations and with organizations that serve low- and moderate-income and special needs populations. t9 Project: Update and maintain a current list of non-profit 501(c)(3) providers; and, offer a c workshop for understanding the goals, eligible and ineligible activities, timeliness, monitoring v and reporting requirements of the CDBG program. To Strategy Participate in Collective Impact meetings 2 0. Strategy. Continue to partner to host Fair Housing Workshops. a Strategy: Partner with other jurisdictions such as NACOG to create strategies to expand the reach of the CDBG program dollars. To- x Barriers to Affordable Housing .Q The Prescott City Council has identified workforce housing as a planning priority with an expectation that a housing plan will be developed. Both the Consolidated Plan and the General Plan support this effort. Both plans suggest that government policies, regulations and procedures may impede N development and/or increase the cost of development. Both plans provide information on: the local real estate market, the increasing land values and increasing construction costs; subsequently, the 4- following priority strategies involve the local decision-making process. N CO d Goal: Provide for a balanced community with a diversity of neighborhoods and residential housing }- types and prices. `Er) 0 Project: US VETS will provide 88 low income homes to formerly homeless veterans. m Project: Coalition for Compassion and Justice will place 35 formerly homeless residents into a permanent, affordable homes. c r Objective: Decent Housing Outcome: Availability/Accessibility c Public Housing w The City of Prescott does not participate in, or operate, a public housing program. No program of this type exists within the community. The Community Development Department staff will continue to 03 engage other jurisdictions to discuss the potential to develop.a Yavapai County Housing Authority. Anti-Poverty Strategy CDBG-PY 2019 Annual Action Plan CITY ors PRESCOTT _ LayJtfei � -9 I Packet Pg. 147 I I 11.B.b I Consistent with the Consolidated Plan, reducing the number of households living below the poverty level include the following goal and related strategies: Goal: Reduce the number of impoverished households in Prescott. c 03 Strategy. Identify the populations with the greatest poverty level and incorporate housing and services for these populations into program development. Strategy: Support Low Income Housing Tax Credit and other similar projects that incorporate housing and/or services for poverty-level households. Project: Provide workforce development programming to 50 LMI Prescott youth which includes L job training and placement into internships. c.) w 0 Strategy. Expand job availability for low-income persons through the enforcement of the Section 3 initiative which mandates that contractors on federally-funded construction projects attempt to recruit 2 0. low-income subcontractors and employees. Lead-Based Paint Hazard Reduction m c The Residential Lead-Based Paint Hazard Reduction Act of 1992 emphasizes prevention of childhood lead poisoning through housing-based approaches. The City has established the following goals and strategies to address lead-based paint hazards. Houses or facilities built before 1978 that are being rehabilitated with CDBG assistance will be tested for lead in painted surfaces; consequently, if lead is present, it will be abated through removal or encapsulation as part of the rehabilitation contract. Goal: Strengthen efforts to educate the public and private sector about lead-based paint poisoning N hazards. rn 0 Project: Conduct a fair housing workshop / seminar for residents of Prescott, landlord/tenants, non-profit agencies, real estate agents, homeowner association representatives, LIHTCca personnel, etc. > Strategy. Incorporate lead-based paint information and notification procedures into appropriate city- c operated and sponsored housing and public service programs. a` c Strategy. Ensure sufficient equipment and environmental service resources are available to provide a. the testing necessary to conduct public facility and housing rehabilitation programs or projects. To � a Fair Housing The City has and continues to make use of media tools (public service announcements, advertisements and mailings) to apprise the public on fair housing topics including predatory lending practices and a landlord-tenant rights. A City of Prescott fair housing workshop will be held at the Prescott Public Library on May.24, 2019 in collaboration with the Southwest Fair Housing Council. Area non-profits, as governmental agencies, and the general public are invited. We are anticipate at least 20 participants and have space for 100. The fair housing seminar notification will be promoted utilizing multiple outreach methods including: e- CITY or•PR CDBG-PY 2019 Annual Action Plan ✓ ✓�ESCOTT I Packet Pg. 148 I I 11.B.b I mail, website posting, and Fair Housing Posters. Goal: Ensure equal housing access for all persons regardless of race, color, religion, sex, handicap, familial status or national origin. ea Project: a Conduct a fair housing workshop for residents of Prescott, Landlord/tenants, non-profit o agencies, real estate agents, homeowner association representatives, LIHTC personnel, etc. To Strategy. Develop a partnership with the local real estate sales industry to promote fair housing and c justice in determining housing values and insurance ratings, especially in older neighborhoods and those undergoing transition. 2019 FUNDING SUMMARY 0 Table 1 PY2019 CDBG Funding Plan provides a description of the activities the City will fund or projects we agree to undertake during the CDBG first year, 2019 Action Plan. The funding and sub- 2. recipient contract terms of this plan are from July 1, 2019 through June 30, 2020. o PUBLIC SERVICE Notes/Funding 'a PROJECTS Program Description Requested $38,700 `° m West Yavapai Guidance Clinic Senior Peer Program $22,327.00 t, Transportation for low income and -Q People Who Care disabled adults $10,000.00 3 a THE LAUNCH PAD TEEN CENTER Youth Workforce Development Program $6,373.00 CONSTRUCTION PROJECTS Program Description $167,700 c N s- cC w ›- Prescott Area Shelter Services Expansion Project $25,000.00 co 2 US Vets Whipple Street Project(HVAC) $86,899.00 Coalition for Compassion and 4. Justice Renovation/Addition to 531 Madison Ave $55,801.00 c 0 v GEOGRAPHIC DISTRIBUTION a Depending on the type of need being addressed, resources may or may not be geographically targeted. All of the CDBG public service programs will be available to eligible low/ moderate income residents citywide. The City, with limited resources and identified housing and community development needs, has elected to maximize the effectiveness of current CDBG funds by channeling the funds to support low- to moderate-income neighborhood improvements. Figure 2 Dexter Neighborhood Map is the area s in our region by census that is designate as a low and moderate income area. z CDBG-PY 2019 Annual Action Plan CITY or PRESCOTT I Packet Pg. 149 I 11.B.b r • rco. �'I •` x ,1, ' C, 4. 0 ♦ II \♦.. a N, W 15VIN1 N _0 I ♦ I d 'NY c m I \ ,� o co , co ' ♦ I' 0 rn \? i111�Rt 0 ♦O ' s C ' ac `. IS INVSY3 •N �' Pad -, J /•' ��\ Q y♦ < I �1S{ty�� \ (73 o ' ' ♦ .IS NWii 3 ?, _ Ic •�i-I / c ac SNM a 9'033M,ry� , ( Nlf W ; IS HIS ♦ S i CO 1. , W W W • p is kit 1 V 3F0 r- �4 3 , O is vwnZdJNOW N 1 s o i oQ 1 > 1 uoNZ `���6 0 . c. s a Nl AaniMINIO y -- l6 3SSOi- i IS 1ST u .11ST t .( 1 CO N1 a i 1 S z 1 1 4 s� g l O7 i - c ! < co NONVIAOI g ' �a /M;t _ ! 9 3Ast N1o011n I I °! �- NIAlYOfly! S ♦# .41 na1 V. • WI:O 13V W ♦ - I` /a, wag' a * ma- coc' w - Nlnu \ 0 1S N3oa = 1� N 3 i do i Is atlle = B DINSION ST 4 O O> is NOISNq ice. j � - $ N N1 LS 1f11/111MN z/ ! m z d y Mlusa' v pD °� b Atof. I i _g 4t11- is3av •J Et - a. c co UPDATE ON PY 2018 PRIMARY ACTIVITIES AND PROGRAMS - a c 0 Public Services r. a To • New Horizons Disability Empowerment— Free Ride Advocacy Program. Awarded $10,000 in public c service funding to assist Low Moderate Clientele (LMC). Program is ongoing and they plan on cc expending funds through the PY18-19 program year. a c a) • People Who Care — Serving Prescott residents with transportation services and provide a much E needed door-to-door assistance that helps them live in their own homes. Awarded $10,000.00. R Program is on-going and they plan to expend funds through the PY18-19 program year. r Q • U. S. Vets — Coordinated Entry Outreach — Awarded $10,000.00. Program is ongoing and will expend funds through program year. CDBG-PY 2019 Annual Action Plan ciTY(w/P/''R•��PRESCOTT - 12 - EverrPacket Pg. 150 I 11.B.b I Community Facilities • The Launch Pad Teen Center- Awarded $35,000 for outdoor learning center. Project is beginning in Spring of 2019 with completion goal of June 30, 2019. a • Northern.Arizona Council of Governments - Modular Temporary ADA Wheelchair Ramp Program — Awarded $7,000.00 for the purchase of two ramps. Program is up and running and they may be able to purchase 3'ramps if needed. City of Prescott is assisting with marketing of the program. a • Prescott Area Habitat for Humanity— Madison Park Cottages Workforce Housing Project Prescott a Funding Plan. was for $20,000. There were two initial scopes rejected for wood, stems and footings. New scope is for sewer work and approval is to be determined. 0 • Prescott Area Shelter Services — Project Restore Phase 2, improved flooring and energy efficiency. ° Funding Plan $20,000.00. Project is complete. I • U. S. Vets—Whipple Street Workforce Center and Infrastructure Installation to complete a remodel, specifically to make the bathrooms ADA accessible Funding Plan $50,000.00. Project to begin in c Spring of 2019 and be complete by end of 2019. UPDATE ON PY 2017 PRIMARY ACTIVITIES AND PROGRAMS - CO d x Public Service Activities .n 1. Prescott Meals on Wheels provided home delivery and wellness checks to eligible homebound °: elderly and disabled residents. 3,108 hot nutritious meals delivered.,Project complete. - N 2. New Horizons Disability Empowerment Center Rolled over some program funds to continue c, transportation services to low income residents with disabilities. 3. People Who Care: Assisted older and disabled adults who are unable to drive due to physical limitations. People Who Care clients, who are referred to as "Neighbors," benefit from greater F independence, social support, and general,status check through the transportation services. Project Complete. o a Public Facility Projects: o a 1. The Boys and Girls Club ADA Restrooms: Project bids came in very high and project needed c to be redesigned. The City of Prescott has helped re-bid the project and add to funds via . a unspent CDBG so that they can move ahead and complete the project by June 30, 2019. o c 2. The.City of Prescott Grace Sparks Basketball Hoops: Project Complete 3. The City of Prescott Grace Sparks ADA Restrooms: Phase I of project complete and moving a) into Phase II. Will be complete by early June of 2019. 4. The City of Prescott and Open Space Alliance for the West Granite Creek Park and Boys and Girls Club installed movable concrete tables for several organized feeding of homeless and disadvantaged groups. Also, to provide general purpose tables for the two locations to CDBG-PY 2019 Annual Action Plan CITY of PRESCOTT I Packet Pg. 151 I I :11B.b create an indoor versus outdoor serving and meeting option for 80-100 people. Project Complete. 5. The City of Prescott and Open Space Alliance for the WestGranite. Creek Park: Graded ., area and installed soil stabilization, group seating and landscaping. This section of the park is o used for serving 250-300 homeless meals per week. Project Complete. a 0 6. Prescott Area Shelter Service (PASS) installed Heating, Ventilating, and Air Conditioning a (HVAC) equipment at their facility at 336 Rush Street: Project complete. z CONCLUSION - t9 The City of Prescott was designated a "CDBG Entitlement Community" through HUD in 2003 and . c developed its first Five Year Consolidated Plan which covered the years 2005 to 2009. Since 0 designation, the City of Prescott has submitted HUD approved annual plans which include sub-recipient c grants for HUD approved programs and projects.. The City is required to submit a consolidated plan fore Ts CDBG to HUD every five years. The next consolidated plan is due May 1, 2020. 2 a Since 2014, the City of Prescott has awarded over 1.1 million dollars in CDBG funds to improve the c quality of life for Prescott residents primarily of low to moderate income (LMI). The Draft CDBG Annual m Action Plan for 2019 is similar to what the City of Prescott has funded in past years and assists c residents who.are most in need of services and housing improvement. a) Program monitoring will insure that the statutory and regulatory requirements of the CDBG program are` being met. City staff will determine whether a project is eligible under the CDBG program and the National Objectives of the HUD Program: 1).benefiting low- and moderate-income persons/clientele;2) a preventing, or eliminating slums or blight on'a spot or area basis; and, '3) addressing: an urgent . o community need. City staff will conduct required environmental assessments,assist with competitive bidding processes,. ' c and assure all projects and programs comply with local, state and federal regulations: (.1 Staff will report program performance and evaluation in an annual report (CAPER). E. 0 a I as. a 0 o: a c . _ a) CITYO1 PRESCOTT CDBG-PY 2019 Annual Action Plan . . Ev ii iiiendaw,v - 14 I Packet Pg. 152' I I 11.c I CI7`1'o%•PRESCOTT EpyJk°°t °a, COUNCIL AGENDA MEMO MEETING DATE/TYPE: VOTING MEETING 5-14-19 DEPARTMENT: Public Works AGENDA ITEM: Award of City Contract No. 2019-209 to Cactus Transport,, Inc.DBA: Cactus Asphalt for the FY19 Pavement Preservation - Chip Seal, in the amount of $548,314.57. Funding is available in the Streets Fund. I FUNDING SOURCE: Streets Fund Approved By:: Michael Lamar, City Manager Item Summary This item is to approve City Contract No. 2019-209 with Cactus Transport, Inc. DBA: Cactus Asphalt, for Chip Seal and Striping in the amount of, $548,314.57. The locations of the projects are shown- on the attached vicinity map. Approval of Sunday work is also being requested between the hours of 7:00 a.m. and 6:00 p.m:, on Gail Gardner Way from Iron Springs Road to Fair Street to perform work when traffic impact will be significantly reduced. Background SR89 from Willow Lake Road to the connection with the recently completed SR89 Widening will be milled and paved under separate contract just prior to this proposed project. This project will then chip seal the entire roadway to make all surfaces identical and replace the permanent.striping. Gail Gardner Way will have pavement spot repairs completed under this contract then a chip seal will .be applied to help the existing asphalt last as long as possible before a full reconstruction is needed. The Peavine Trail parking lot will-have a chip seal placed on it to preserve the current pavement which will extend, the life expectancy of the parking lot surface. This portion of the project will be funded by Recreation Services in conjunction with the SR89 portion of the project to reduce costs associated with mobilization. Procurement The City is permitted, pursuant to Section 1-27-9(C) of the City Code, to purchase such services under another Contract, at its discretion. and with the agreement of f the awarded Vendor, so long as the Contract permits its cooperative use by other public entities, including the City, and pursuant to Section 1-27-11 of the City Code. This cooperative purchasing element is available to use through a Pinal County Contract. Packet Pg. 153 I I 11.0 AGENDA ITEM: Award of City Contract No. 2019-209 to Cactus Transport, Inc DBA: Cactus Asphalt for the FY19 Pavement Preservation - Chip Seal, in-the amount of $548,314.57. Funding is available in the Streets Fund. This contract will utilize the cost competitive procurement process completed by Pinal . County. The County entered into Contract No. 175923 with Cactus Asphalt, dated May 22, 2018. A copy of the County Contract is attached. The City.selected Cactus Asphalt to provide a cost estimate for this FY19 Pavement Preservation — Chip Seal Project. The project costs prepared by Cactus Asphalt have been reviewed by Public.Works. A copy of Cactus Asphalt's quote for the City project is attached. Project Schedule Per the contract, all work must be substantially-complete.within 30 calendar days of the notice to proceed. Pending contract award, the following milestones have been identified: Award of Contract May 1,4, 2019 Notice to Proceed (NTP) Week of May 27, 2019 Commence Construction Week of June 15, 2019 Completion June 26,;2019 Financial Impact Funding for this contract is available from the Streets Fund in the FY19 budget and the General Fund (Peavine trailhead parking revenue account 2274220-8930). The City's standard.:cooperative purchasing contract will be used for this project. Attachments 1.. SR89 Chip Seal Vicinity Map 2. Cactus Asphalt Offer&Acceptance 3. Summary FY19 SR89 Cactus Asphalt • Recommended Action: MOVE to approve City Contract No.2019-209. 2. . I Packet Pg. 154 I . I ` ' I I.I -r \ r ` 1 ‘ 1 A. --.) ) Olir 0 , .f 7-\ 7 [ .....- ----<< r* 11 ----__,N _.�. .....„,„ -� I! , , 0 . ii �C r , WI 1 - ( - n � l � ,_� *H . 0 / - - I > ° y — _ *oh -7 > pi 4- % 1 Alai .J --1 (W I lit e m arlin WI 0 11 Al -v 1. — > — 4%4 li 11 0 z 1Cr'''..t /1 �� 4: 0 fim EH t i,16-1 ,_ ' ' i o i i , ?_>, t f.„, (-/ roe co tiorei ‘ , d's v ail '� iv "' Attachment: SR89 Chip Seal Vicinity Map (2423 : FY19 Pavement Preservation-Chip Seal) 11.C.b (I> Offer and Acceptance y Pins!Count Finance Department 31 N.Pinal St. PINAL COUNTY P.O. lo 1348 WIDE OPEN QPFQA T UNITY Florence, AZ 85132 OFFER AND ACCEPTANCE FORM TO PINAL COUNTY: rts The undersigned hereby offers and agrees to furnish the material, service, or construction in compliance with all terms, co conditions,specifications,and amendments in the Solicitation. 0. , .Y U Managing Partner c Authorize Signature Title o cc Bryan Glazer 5/22/2018 Printed Name Date to a) Cactus Asphalt,A Division of Cactus Transport, Inc. 623-907-2800 a` Company Name Telephone c a) 8211 W. Sherman St Tolleson AZ 85353 a0i Address City,State,Zip cva D. co For clarification of this offer,contact , T >- Name: Jeff Abram Phone: 623-907-2800 Fax: 623-907-2900 M • N Email: Jabram@cactusasphalt.com N a> ACCEf?T'ANCE pr gr4R " i.,,g, k ti !; ztrz~r fir. 0 (F.cr Pinal tlsa Only v gt g co *° rt • se-, h ,,tih e�> r:b s� : k 5 % a) The offer.is h sac eptsd and:�esponder is now bou to set or,prove e e matenals, rvioes,or oonstru� 0 Ay r y e up the s_di&tatio indudrig�I tertnb;onck13 Q as ncicated b Purchase tOrder or Notice of Award and based specificatindmertts etcran8 the Offer�as accepted by Pina_I County.' i s 11 ,6 m The contractfs ork JOCAsphatt:Maintenance Repair Services I Thcont act�atiall henceforth bcreferertcedrto as Contract No. 175923 The Offeror is cautioned nol'tn cornm°n co any{billable work or to"pro+nde ari .itateial ar ervice under this contract until Offeror receives an execu ed purchase .2 order or notice'to proceetl' "� i K 3 a x N Awarded this day of ° d _!-1& *e -, 2018 x Ga r.4 +?Y 'ttwtt .*'z " ` /., y _ o G ,. • ' a+ '�Name�Fi. Title µ Signature ,%" „# r '""" c Approved as to form. �., s { -�/..i Y - •1'' '�3u' , F'r' ,y, •.. ?`4 ,� F• t1 f0 ;:2+..s i4..-" if ` .. .a,;.� +::..�`, „doh°'- F Q 1 �� I - i . i I Solicitation No: 173923 Available online at Pa a 35 of 37 kttpi/pinatcountyaz.gov/PurchasingiPages/CurrerltSolicitations.aspx g Packet Pg. 156 . _ _ • • -• . — ••• - ------ •-•- • , 11.C.b I , . • • . • . . . - . . ..., • Offer and Aoceptence • Pinal County • .., Finance Department '''' (-•,- 31 14..Pinal EL • • PINAL COUNTY , Bidg..A P.O..Box 1349 WOB OPEN OPPORTUNITY Florence,AZ 35132 • . . . . . . ,— . . . . - - OFFER AND ACCEPTANCE FORM-Page 2 " . Ey signing the previous page of the Offer and Acceptance Form,Responder certifietg. • ^ Tr ... , A. The submission of the bid did not involve collusion or other anticompetitive practices. cn . b. 19, The Responder shall not discriminate against any employee or applicant for employment in violation of Federal Executive Order 112411. C. The Responder hes not Otani,offered to give,nor intends to give et any time hereafter,any economic opportunity, future employment„gift,loan,gratuityi.special discount,trip„favor,or service to a public servant in connection with the F. Subniittal.. '" "• . .= D., • The Responder certifies that it complies with Executive Order 12549 related to.Federal Povernment Debarment and 2 Suspension(see 4-7) • ... : • 0 E. The Responder certifies that the individual signing the bid is an authorized agent for the Responder and has the . (a authOtity to bind them to the Contreci. L. .., c • , CD " . E Cactus Asphalt A Division of Cactus TrarlaPart,Inc. • w Company Name • . co - co `;. 3 gt4" 1.4k 7 • ... :-, U. , .. _ CI • Authorized sigNiture BryanGlater-Managing Partner _ . CsJ .47 C s I -- - . 4/ (.) . • . C - . 2 . • a) , . 0 . • c.) 3. • - < • - . • . • . • . ••••::. el" - • • , • .. , • 0 . , ... . . ' CO . • . .0 0.. , . , Ca) . ct, • U)— . ...... a ,..FIL.,,, . • . , - . . • 0 • as • . c.) .._ • • . 4.; :4.1gi . C .....: . •, . k., .0 li • ',:; . E • . • •4, n.''.'-'''' .'.^ i.bi,•Tr.. -.4, . ,. 1 ":::. i 4 . 1' . .::. fE Solicitation . •: . - • .. . • • .,. . . . . , - . • , • . . . . . - .. -. -, • • • ' y '.:•-• '•'' ' - • • •••*" 6tp.- .- • ••• ' Available online at • • •1 •- • • • No; 173923 •,11.—al -tyat /PUrch sing/Pages/C ntSarcitati -pn aspx 1 Page 36 of 37 coun gov a urre r ons. . . - I Packet Fig. 157 I I 11.C.c I FY19 Pavement Preservation=SR89,Gail Gardner,Sundog Ranch Parking Lot Chip Seal Cactus Asphalt �a Item#I. •• Item Description, ' , .. , I Qty I Unit I' Unit Price I ;.Total Price, u SR 89(PMAR chip with PMM Fog) a- 3-15 IPMM Seal Coat I 58,500 I 'SY I $ 0.60 I $ 35,100.00 V 3-17. 'Seal Coat'Binder-Haul and Apply Services I- 61 . I TON I.$ 569.00 I.$ 34,709.00 g 0 3-18 'Traffic Control-Seal Coat Sealing ' , 61. I•TON I. $ 222.00 I $ 13,542.00 z (Chip Seal Binder:.Polymer Modified Asphalt Rubber(PG58-22,16%Tire Rubber,3%SBS d 4-14 146 TON $ 620.28 $ 90,560.88 al Polymer)>100 TN • I ` 4-19 .(Chip Seal Binder-Haul&'Apply Services . I 146 I TON I-$ 102.00 I $. 14,892.00 . . a r 4-23 'Chip Seal Aggregate-HV Pre-coated I 825. ' 'TON.I $ 103.001 $ 84,975.00. d 4-28 'Traffic Control Chip Seal(Based on Binder Ton) ' _ 146 ' ' TON. I. $ 40.00 I.$ 5,840.00 115 MIL(4"")White,Traffic Paint Stripe 20960 LF(Measured Distance)X 2(Temp and Perm o. 7-4. 62,880 LF` $ 0.16 $ 10,060.80 Applications)X 1.5.(Convert to 6., Quantity) w MIL(4")Yellow Traffic Paint Stripe 20671 LF(Measured Distance)X 2(Temp and Perm LL7-5 68 013 LF $ 0.16 $ 10,882.08115 Applications)X 1:5(Convert to 6"Quantity) ' I' I' co 7-6 'Paint Symbol Arrow*Double Arrows to.be Paid as 1.5 Single Arrows* I 16 I EA I $ 79.00 I $ ' 1,264.00 CNI 7-9 'Paint Legend"Only" I 4 I . EA I $ 79.00 I $ 316.00' N 7-12 'Transverse Thermoplastic(4") I 396 i LF I. $ 0.651'$ 257.40 r 7-13 ,'Th'ermoplastic Pavement Arrow 90 MIL*Double Arrows To Be Paid As 1.5 Single Arrows* I 16 I EA I' $ 158.00 I.$ 2,528.00 . Q 7-15 'Thermoplastic Ledgend"Only"90 MIL' I 4 I EA I $ 189.001 $ 756.00 a N 9-1 'Traffic Control(Not for Items No. 1-5):TC for Striping and Survey ' 1 I' LS I $ 8,000.00;I $ 8,000.00 IS 3 Message Board(Per Unit Per Day):4 Message Board Placed 7 Days in Advance and to Remain �j 9-2 96 DAY $ 75.00 $ 7,200.00 (Throughout Duration of Project. . . °) 9-6 (Document Existing Pavement Markings I 1 ' LS I $ 14,500.001 $ 14,500.00 co(0 SR 89 Subtotal I.$ 335,383.16 r Gail Gardner Way(PMAR Chip with PMM Fog) uu.. 3-15 IPMM Seal Coat : I 14,420 I SY '.I°$ 0.60"I $ 8,652.00as 3-17, 'Seal Coat Binder-Haul and Apply Services I 15 I TON I $ 569.00 I $ 8,535.00 E E. 3-18 .'Traffic Control-Seal Coat Sealing I. 15 I TON I $ 222.00 I.$. 3,330.00 u) Chip Seal Binder:Polymer Modified Asphalt Rubber(PG58-22. 16%Tire Rubber,3%.SBS 4-1439 TON $ 620.28 I $ 24,190.92 c fPolymer)>100 TN I, I d 4-19 'Chip Seal Binder-Haul&;Apply Services I 39 I TON I:$ 102.00 I.$ 3,978.00 5 4-23 'Chip Seal Aggregate-HV Pre-coated ' 232 I TON I $ 103.00 I,$ 23,896.00 4-28 .'Traffic Control-Chip Seal(Based on Binder Ton) ' 39 I TON I $ 40.00 I $ 1,560.00 Q I Packet,Pg. 158 I I 11.C.c I FY19 Pavement Preservation-SR89,Gail Gardner,Sundog Ranch Parking Lot Chip Seal Cactus Asphalt. . _ Item#I Item Description Qty Unit Unit_•Prce I Total Price m 7-4 115 MIL(4")White Traffic Paint Stripe:Includes Qty for Second App 4,859 LF $ 0.16. I $ 777.44. 7-5 115 MIL(4")Yellow Traffic Paint Stripe:Includes Qty for Second App 13,524 LF $ 0.16 I $ 2,163.84 V 7-6 'Paint Symbol Arrow 11 EA $ 79.00 I'$ 869:00 c 0 7-12 'Transverse Thermoplastic(4") 1,564 . LF $. 0:65 I $' 1,016.60 tom 7-13 'Thermoplastic Pavement Arrow 90 MIL 11. EA" '$ 158.001 $ 1,738.00 d N 9-1 'Traffic Control(Not for Items No 1-5):TC for Striping and Survey: 1 LS $ 8,200.00 I $ 8,200.00 0 Message Board(Per Unit Per Day):4 Message Board Placed 7 Days in Advancee and to Remain a 9-2 48 Day $ 75.00 $ 3,600.00 Throughout Duration of Project.' d 9-6 'Document Existing Pavement Markings I 1 I LS I $ 8,600.00 I $ 8,600.00 Gail Gardner Way Subtotal I $ 101,106.80 a ca Sundog Ranch Parking Lot(PMAR Chip with PMM Fog) ' T 3-15 IPMM Seal Coat I 5,100 I SY I $ 0,60 I $ 3,060.00 u 3-17 'Seal Coat Binder-Haul and Apply Services I 5.30 I TON I.$ 569.00 I $ 3,015.70 N 3-18 'Traffic Control-Seal Coat Sealing ' 5.30 I'TON I $ 222.00 I $ 1,176.60 N 4-14 'Chip Seal Binder:,Polymer Modified Asphalt Rubber(PG58-22, 16%Tire Rubber,3% SBS Polymer)>100 TN 14 TON $ 620.28 I $ 8,683.92 as a 4-19 .'Chip Seal Binder-Haul&Apply Services I 14 I TON I .$ 102.00 I $ 1,428.00 Q 4-23 'Chip Seal Aggregate-HV Pre-coated I_ 82' I TON I $ 103.00 I.$ 8,446.00. cn 4-28 :'Traffic Control-Chip Seal(Based on Binder Ton) i I, 14 I TON I $ 40.00 I $ 560.00 ci 7-4 115 MIL(4")White Traffic Paint Stripe:Parking Lot Striping(Includes Qty.for 2 Coats and HC V Symbols) I 4,692 LF I $ 0.16 I $ 750.72 cn co 9-1 'Traffic Control(Not for Items No. 1-5):TC for Striping " I. '1 I. LS I $ 4,000.001 $ 4,000.00 .U) Message Board(Per Unit Per Day):2 Message Board Placed 7 Days in Advance and to Remain ' r 9=2 14 DAY $ ,. " 75.00 $ 1 050.00 LL (Throughout Duration of Project. I ' 9-6 Document ExistingPavement Markings,No Survey,Layout Time for ParkingLot 1 LS $ .' 4,000.001 $' . 4,000.00 ' g , Y, yco Sundog Ranch Parki Eng Lot Subtotal I $ 36,170.94 E IYavapai County,State&Prescott Tax-5.43% I I I $ 25,653.67 I $ 25,653.67 u j 'Contract Allowance ' 1 ' ALL I' $ 50,000.00 I $ 50,000.00' " Misc.Subtotal I $ 75,653.67 . £ t , 'Total Contract . ; $ 548,314.57 Q I Packet Pg. 159 I 1 11•C.c 1 Ager„..., ac us AI=z3 IAL.-U To: CITY OF PRESCOTT Contact: Steve Guizzo Address: P.O.BOX 2059 Phone: 928-777-1272 PRESCOTT,AZ 86302 Fax: • 928-777-1255 •- To y Project Name: SR 89 Chip Seal Bid Number: u) Project Location: SR 89(Willow Lake Road To 0.75 Miles North Of Boulder Creek In), Bid Date: • 3/19/2019. . t Prescott,AZ C.) 0 !Line.# Item# Item Description Estimated Quantity Unit :Unit Price Total Price 1 T, SR 89(PMAR Chip With PMM Fog) w ca 3-15 PMM Seal Coat 58,500.00. SY $0.60 $35,100.00 a) 3-17 Seal Coat Binder-Haul And Apply Services 61.00 TON $569.00 $34,709.00 a 3-18 Traffic Control-Seal Coat Sealing• 61:00 TON $222.00 $13,542.00 y 4-14 Chip Seal Binder:Polymer Modified Asphalt . 146.00 TON . $620.28 $90,560.88 E. Rubber(PG 58-22,16%lire Rubber,3%SBS '. .• - a) Polymer)> 100 TN a • 4-19; Chip Seal Binder-Haul&Apply Services 146.00 TON $102.00 $14,892.00. of 4-23 Chip Seal Aggregate-HV Pre-Coated 825.00 TON $103.00. $84,975.00 4-28 Traffic Control-Chip Seal(Based On Binder Ton) 146.00 TON $40.00 $5,840.00 � 7-4 15 MIL(4")White Traffic Paint Stripe: 62,880.00 LF $0.16 $10,060.80 t„ 20960 LF(Measured Distance)X 2(Temp And N Perm Applications)X 1.5(Convert To 6" N Quantity) 7-5 V 15 MIL(4")Yellow Traffic Paint Stripe 68,013.00 IF $0.16 $10,882.08 ta. 20671 LF(Measured Distance)X 2(Temp And t Perm Applications)X 1.5(Convert To 6" N Quantity). Q 7-6 Paint Symbol Arrow:. 16.00 EACH ' $79.00 $1,264.00 . .N *Double Arrows To Be Paid As 1.5 Single r ti Arrows* : . . co 7-9 ' ' Paint Legend"Only" ' 4.00 EACH $79.00 $316.00 • V 7-12 ". Transverse Thermoplastic(4") 396.00 LF $0.65 $257.40 co 7-13 Thermoplastic Pavement Arrow 90 MIL. ' 16:00 EACH ' $158.00 $2,528.00 y *Double Arrows To Be Paid As 1.5 Single V as Arrows* 7-15 Thermoplastic Legend"Only"90'MIL 4.00 EACH - $189.00 $756.00LL 9-1 Traffic Control(Not For Items No.1-5): 1.00 LS $8,000.00 $8,000.00 . t. TC For Striping And Survey . ,a3 9-2 Message Board(Per Unit Per Day): 96.00 DY- $75.00 $7,200.00 E 4 Message Boards Placed 7 Days In Advanced E And To Remain Throughout Duration Of Project. W - 9-6 Document Existing Pavement Markings - 1.00 LS : $14,500.00 $14,500.00 ,;.; Total Price for above SR 89(PMAR Chip With PMM Fog)Items: , $335,383.16o Gail Gardner Way(PMAR Chip With PMM Fog) 3=15 PMM Seal Coat 14,420.00 SY $0.60 $8,652.00 tti 3-17 ' Seal Coat Binder-Haul And Apply Services 15.00 TON $569.00 $8,535.00 Q 3-18 . Traffic Control-Seal Coat Sealing 15.00 TON - . $222.00 $3,330.00 4/4/2019'9:32:23 AM Page 1 of 5 Paving • Seal Coating • Crack Sealing • Patching • Chip Sealing • Fabric Overlay • More Contractors Licenses:AZ- 194430 • NV-0040581 • NM-022995 • UT-944049-5501 t 623-907-2800 f623-907-2900 cactusasphalt.com 82111N.ShermanSt. Tolleson,AZ 85353 I Packet Pg. 160 I ., . • I 11.C.c I ' . . CI'- ' ' A L-71- Line.# Item# Item Description Estimated Quantity Unit Unit Price Total Price,I 4-14 Chip Seal Binder:Polymer Modified Asphalt 39.00 TON $620.28 $24,190.92 Rubber(PG 58-22,16%Tire Rubber,30/0 SBS ^ To Polymer)> 100 TN y 4-19 Chip Seal Binder-Haul&Apply Services 39.00 TON $102.00 $3,978.00 fn 4-23 Chip Seal Aggregate-HV Pre-Coated 232.00 TON $103.00 $23,896.00 2- 4-28 Traffic Control-ChipSeal(Based On Binder Ton) 39.00 TON s 7-4 15 MIL(4")White Traffic Paint Stripe: 4,859.00, LF $0.16 $777.44 '. Indudes Qty For Second App p 7-5 15 MIL(4")Yellow Traffic Paint Stripe: 13,524.00 LF $0.16 $2,163.84 a Indudes Qty For Second App 7-6 Paint Symbol Arrow 11.00 EACH $79.00 $869.00 ai co 7-12 Transverse Thermoplastic(4") 1,564.00 LF $0.65' $1,016.60 7-13 Thermoplastic Pavement Arrow 90 MIL 11.00 EACH $158.00 $1,738.00 , IC- 9-1 Traffic Control(Not For Items No.1-5): 1.00, LS $8,200.00 $8,200.00 _ m TC For Striping And Survey . 9-2 Message.Board(Per Unit Per Day): 48.00 DY $75.00 $3,600.00 4 Message Boards Placed 7 Days In Advanced co And To Remain Throughout Duration Of Project. . a 9-6 Document Existing Pavement Markings 1.00 LS $8,600.00 . $8,600.00 0) Total Price for above Gail Gardner Way(PMAR Chip With PMM Fog)Items: $101,106.80 T- u. Sundog Ranch Parking Lot(PMAR Chip With PMM FOG) 3-15 PMM Seal Coat 5,100.00 SY $0.60 ' $3,060.00 . N 3-17 . Seal Coat Binder-Haul And Apply Services 5.30 TON $569.00 $3,015:70 N 3-18 Traffic Control-Seal Coat Sealing 5.30 TON $222.00 $1,176.60 r 4-14 Chip Seal Binder:Polymer Modified Asphalt 14.00 TON $620.28 $8,683.92 co Rubber(PG 58-22,16%Tire Rubber,3%SBS Q- Polymer)> 100 TN Q 4-19 Chip Seal Binder-Haul&Apply Services 14.00 TON $102.00 $1,428.00 4-23 Chip Seal Aggregate-HV Pre-Coated .82.00 TON $103.00 $8,446.00 . -4-28 Traffic Control-Chip Seal(Based On Binder Ton) 14.00 TON $40.00 $560.00 cj 7-4 15 MIL(4")White Traffic Paint Stripe: 4,692.00 LF $0.16 $750.72 V Parking Lot Striping(Indudes Qty For 2 Coats co And HC Symbols) re 9-1 Traffic Control(Not For Items No.1-5): 1.00 LS . $4,000.00 $4,000.00 TC For Striping r 9-2 Message Board(Per Unit Per Day): 14.00 DY $75.00 $1,050.00 L 2 Message Boards Placed 7 Days In Advanced And To Remain Throughout Duration Of Project. .co 9-6 Document Existing Pavement Markings 1.00 LS $4,000.00 $4,000.00 E No Survey,Layout Time For Parking Lot Total Price for above Sundog Ranch Parking Lot(PMAR Chip With PMM FOG)Items: . , $36,170.94 N Bid Price Subtotal: $472,660.90. c Yavapai County,State And Prescott 5.43%: $25,653.67 a) Total Bid Price: $498,314.57 t 0 .ca Z Q Notes: •Standard Terms and Conditions to follow. All scheduling contingent upon mutual agreement of Owner and Cactus Asphalt. •Prices above based on completing each task in one mobilization.If an additional mobilization is required,charges may apply. 4/4/2019 9:32:23 AM. Page 2 of 5 Paving • Seal Coating • Crack Sealing • Patching • Chip Sealing • Fabric Overlay - More Contractors Licenses:AZ- 194430 • NV 0040581 • NM-022995 • UT-944049-5501 t 623-907-2800 f 623-907-2900 cactusasphalt.com 8211 W.Sherman St.Tolleson,AZ 85353 I Packet Pg. 161 I • • • I 11.C.c I arm u� dek IALT •Quoted prices valid.till 7/1/2019. •Cactus is not responsible for notification,nor removal of vehides and property from work areas. •Cactus will require this proposal with exdusions be induded in any contractual agreement. •In the event that quantites differ from above,billing will reflect agreed upon measured quantities. •EXCLUSIONS(Unless Otherwise Specified):Permits,Plans,Engineering,Inspection,Gradework,Landscape Areas,Weed Killer, Crack Routing,Crack-Sealing,Asphalt Patching,ABC or Landscape Materials,Vegetation Replacement,Prime Coat,Concrete Q Structures,Irrigation or Pipe Work,Utility Removal or Relocation,Drywells,Rip/Rap,Structural Backfill,Signage,Parking Bumpers Removal or Replacement,Import,Export,Excavation,Subgrade Stabilization,Removal of Debris Generated by Other C.) Trades,Erosion Control,Thickened Pavement Edge,Project Information Sign And Any Special Insurance Requirements. •Pricing Based on Pinal County JOC#175923(FY 18-19 Quarter 3 Price Adjustment) G • co m w a+ c m • eo ch N 03 Q. co) to lC C7 co re ACCEPTED: CONFIRMED:• The above prices,,specifications and conditions are satisfactory Cactus Asphalt and hereby accepted. a) Buyer: cc Signature: Authorized Signature: Q Date of Acceptance: Estimator: Jeff Smith 4/4/2019 9:32:23 AM Page 3 of 5 Paving • Seal Coating • Crack Sealing • Patching • Chip Sealing • Fabric Overlay • More Contractors Licenses:AZ— 194430 • NV—0040581 • NM—022995 • UT—944049-5501 t623-907-2800 1623-907-2900 cactusasphalt.com 8211 W.ShermanSt.Tolleson,AZ 85353 I Packet Pg. 162 I • I 11.C.c I TERMS AND CONDITIONS GENERAL Owner shall timely notify Cactus Asphalt(Cactus)in writing when the premises will be ready for work to commence, and shall give unobstructed access to all areas where work is to be done. Any necessary towing and costs of delays shall be the responsibility of the owner. Cactus is not responsible for any utility lines(water,electric,sprinkler,communications,cable,etc.)which may lie within eighteen inches(18")of the surface. Owner is responsible for supplying all known layouts of any such utility lines which are known to exist. Cactus is not responsible for damage to undisclosed, unknown or improperly placed lines. If Cactus encounters any different site condition or concealed condition,including but not limited to underground Ta utilities,debris,ground water,underground storage tanks,hazardous material,"hard dig"soils,or any material or °) substance regulated by federal,state,local law,ordinance,or regulation,any other environmental,health or safety a issue,or concern,or other conditions, that were unknown to Cactus before submission of this Proposal,the contract :c price shall be equitably adjusted to compensate Cactus for any additional•work performed or damages incurred as a V result of any such conditions. At Cactus'sole discretion, Cactus may stop all Work on the project,until the parties have reached an agreement,ih writing,concerning any such equitable adjustment,and Cactus shall have no 0 obligation to perform any work which,as determined by Cactus,directly or indirectly involves any environmental, health or safety risk or hazard. • The Owner is responsible for ensuring that all surfaces are kept in a condition acceptable to the application of the agreed upon product. This includes ensuring that all automatic sprinklers that may place water on the surface are a turned off. Any delay caused by failure to perform the above may result in additional expense to the owner. m Cactus is not responsible for ponding water where grade is less than 2%. • Owner is to provide a water source that is acceptable to Cactus and is sufficient for performing the work. per. o> Cactus is fully licensed and insured. All Cactus employees are covered by Worker's Compensation Insurance. uL Unless otherwise agreed in writing,the prices contained within this agreement do not include the costs of permits or bonds. N WARRANTY • All work performed by Cactus is covered by a one year warranty on workmanship. Normal wear and co tear, abuse,weather, and other acts of God are excluded. Q. PAYMENT AND TAXES to 4- By law,taxes may only be waived upon receipt of a valid exemption certificate. -Taxes are determined in accordance V • with the jurisdiction where the work is performed. The owner is responsible for payment of all taxes. co • Unless otherwise stated within this agreement,all payment is due upon transmittal of invoice. In addition to other terms contained elsewhere in this proposal, Owner agrees to pay a service charge at the rate of 2%per month on all N accounts that become 10 days past due. All costs of collection,as well as attorney's fees,will be added to the. balance and interest due. LL, • Cactus reserves the right(without further notice)to suspend or terminate this agreement if work is stopped for 30 or more days because of a failure to make progress payments or other delay not caused by Cactus. In such event E Cactus reserves the right to recover payment for all work performed,including reasonable overhead,profit and damages under the contract. CO This agreement shall be governed by and construed in accordance with Arizona law, and any lawsuit or E arbitration arising from this agreement must be filed in Maricopa,County,Arizona. If any provision of this - agreement is determined invalid or unenforceable by a court of competent jurisdiction, that provision alone will be deemed stricken and the remainder of the agreement will be enforced. • I Packet Pg. 163 I r I 11.C.c I Any dispute arising from this agreement, not timely resolved after good faith negotiation,will be submitted, at Cactus's sole discretion, to mediation, binding arbitration, or litigation in state court. If mediation is elected, its completion is an express condition precedent to.Cactus's election of binding arbitration or state court litigation. If Cactus elects arbitration,the arbitration will be governed by and conducted in accordance with the Arizona Revised Uniform Arbitration Act at A.R.S.:§12-1501, et seq. A property owner has the right to file a written complaint with the Arizona Registrar of Contractors for an alleged violation of A.R.S.§ 32-1154(A). Any such complaint must be filed within the applicable time period set forth in A.R.S.§32-1155(A).The Registrar's phone number is (602) 542-1525,and its website address is http://www.azroc.gov/. a) N a • s C.) cc cc a) N a- • C d E a) as a o) >- IL M N N i+ Q. y UN a) V CO co• C) a) E E co C a7 E t) Packet Pg. 164 I I 11.D I CrrY0 F PRESCOTT E y‘op-6lde.m, COUNCIL,AGENDA MEMO MEETING DATE/TYPE: VOTING MEETING 5-14-19 DEPARTMENT: Public Works • AGENDA ITEM: Award of City Contract No. 2019-208 'to Sunland Asphalt & Construction.Inc. including night work for the SR89 Pavement Rehabilitation Project, in the amount of$1,222,722.00.00. Funding is available in the Streets Fund. I FUNDING SOURCE:.Streets Fund I Approved By: Michael Lamar, City Manager Item Summary. This item is to approve City Contract No. 2019-208 with Sunland Asphalt& Construction Inc., for Milling and Paving of State Route 89 (SR89) in the amount.of, $1,222,722.00. The location of the project is shown on the attached vicinity map. Approval of night work is also being requested between the hours of 7:00 p.m. and 6:00 a.m., during the project. Background In 2011, the City of Prescott entered into an Intergovernmental Agreement (IGA) and a Memorandum of Understanding (MOU) with the Arizona Department of Transportation and Yavapai County pertaining to transfer of ownership and maintenance responsibility - of SR89 from the roundabout at Willow Lake Road to just south of the. SR89A interchange. Both the IGA and MOU had performance measures for the jurisdictions associated with the road maintenance. The pavement has deteriorated beyond preservation methods and now requires rehabilitation- under the City's Pavement Maintenance Program. Pavement rehabilitation generally consists of asphalt milling, minor pavement removals, patching and replacement of the asphalt pavement. Procurement The contract being recommended is using "Cooperative Purchasing" authorized under Arizona Revised Statues (ARS) as set forth under A.R.S. 41-2632 and per City Code, the City.is permitted'to purchase materials under another Contract, at its discretion and with the agreement of the awarded Vendor, so long_ as the Contract permits the cooperative use by other public entities. This contract will utilize, the cost competitive procurement process completed by I Packet Pg. 165 I 11.D I AGENDA ITEM: Award of City Contract No. 2019-208 to Sunland Asphalt & Construction Inc.. including_ night work for the SR89 Pavement Rehabilitation Project, in the amount of $1,222,722.00.00. Funding is available in the Streets Fund. 1 Government Procurement Alliance (1GPA). Public Works selected Sunland Asphalt & Construction Inca from available cooperative purchasing agencies and Sunland produced 'a cost estimate from the 1GPA bid documents for the SR89 Pavement Rehabilitation Project. The project costs prepared by Sunland Asphalt & Construction Inc. have been reviewed by Public Works. A copy of the 1GPA Contract is attached and a copy of Sunland Asphalt & Construction Inc.'s quote for the City project is attached. Project Schedule Per the contract, all work must be substantially complete within 30 calendar days of the notice to proceed. Pending contract award, the following milestones have been identified: . Award of Contract May 14, 2019 Notice to Proceed (NTP) Week of May 20, 2019 Commence Construction Week of June 1, 2019 Completion June 19,, 2019 Financial Impact Funding for this contract is available from the Streets Fund in the FY19 budget: The City's standard cooperative purchasing agreement will be used for this project. IGA's with both jurisdictions to participate in funding this project will be brought to Council for acceptance in a future meeting.. Attachments - 1. SR89 Pavement Rehabilitation Project Vicinity Map 2. 1GPA Combined Documents ' 3. SR89 Pavement Rehabilitation Summary Sheet Recommended Action: MOVE to award City-Contract No. 2019-208 to Sunland Asphalt& Construction Inc: 2 ' I ,Packet Pg. 166 I U �1_,-,-) �v L_J 1 \--1 • 11 -i' ' Claw - ',4- % II A rim "" # 1 J --- \ --I 1M I e . I ( 4 um ilti IN 0 cn v. jIti 1 1111/4 Is ..S(___ 141/LIC0 1 1 i Z '.1. c. m \. I ' r-.k I I _____y),± (.4r 4re/ /, • z K / itIt \\ Z `' • D—I r ai. 0 M %iv „,cp: . i . -411-P)1.- - , py > .,. ., . . r \13,0,9 O z Or - 0 O1 z —I i - : T \ o iv Attachment: SR89 Pavement Rehabilitation Project Vicinity Map (2424 : SR89 Pavement Rehabilitation Project) I 11.D.b I G P a lGovernment Procurement Alliance Executive Summary Asphalt Products and Services IFB 17-16P 'o The purpose of this Invitation for Bid (IFB) is to. establish a.contract with responsive/responsible c contractor(s) that provide Asphalt Products and Services to be utilized by the Lead Agency and Members 2 of 1 GPA Cooperative on an as-needed basis. The solicitation is broken down into the following categories: Existing Asphalt,New Asphalt, and Related Services. Products and/or services may include,but are not co limited to asphalt surface patching, removal and'.replacement of asphalt, speed bumps/humps, asphaltic concrete paving, fabric overlays,pulverizing, concrete, saw cutting,parking lot sweeping, sealants, crack seals,emulsion sealers,excavation, soil stabilization, striping, flatwork, and much more asphalt related services. E a) ea 1GPA is awarding contracts to cover all of Arizona. Finns were also allowed to submit responses to include other states. Firms shall follow the laws as applicable in all states in which they submitted bids and assure co that this solicitation meets the requirements of said states. Pinal'County ESA is,the lead agency for this cn solicitation. N On May 12,2017 the invitation for bids was issued and sent to the prospective bidders via Public Purchase website and posted on the 1GPA website. A total of 166 vendors received notification of the solicitation. This solicitation was advertised in the Florence Blade on May 18, 2017 and May 25, 2017 as the official paper of Pinal County. A Pre-Bid Conference was held on May 18, 2017 to review contract terms and . conditions,scope of work and review pricing structure of the contract with prospective bidders. The Public o0 Bid Opening was held on June 9, 2017 at 11:00 a.m. at the 1GPA Office at 1910 W. Washington St, .� Phoenix,AZ 85009. Six(6)bids were received by the due date and time. c The bids were initially reviewed to determine responsiveness and responsibility as required in the IFB. All six(6)bids were considered responsive and responsible. Bids were then evaluated per line item of the Cost, Form. Each bidder was ranked highest to lowest rank based on the pricing submitted. Cost Formula was o- utilized for all lines to determine a"score"for each line item given;a weight of 100 points each.,After all lines were evaluated, an average score was calculated which then received a Rank score from highest to lowest. After initial ranking of all firms was established, an analytic review of the scope of services was 01 performed to review what each firm offered in the contract by category. After categories were reviewed, regions and locations were also analyzed to determine if the members of 1 GPA that are located outside of Maricopa County and Arizona would have coverage for the contract nationally. The evaluation committee consisted of Jennifer Munoz,Director of Procurement and Compliance, 1 GPA,and Ken Carter,Executive Director, 1GPA and Claudia Leon,Director of Purchasing,Paradise Valley USD. It is determined that a single award is not advantageous to cooperative members of 1GPA. The solicitation authorized multiple awards to meet the needs of 1 GPA's various types of members'.needs and locations in Arizona and in other states. Award is recommended to the least number of Offerors which offered the most advantageous proposals. The decision is based upon considerations for 1GPA members to select firms based on the scope of services needed and offered by each firm,vendor's ability to provide 1910 W.Washington St.,Phoenix,AZ. 85009 www.1GPA.org Packet Pg. 168 11.D.b I . for a diverse membership,and locations served. A detailed summary of the recommendation to award each firm is provided with the Multiple Award Justification. Awarded Firms Ace Asphalt of Arizona,Inc. Cactus Asphalt,A Division of Cactus Transport,Inc. Regional Pavement Maintenance of AZ,Inc.. Roadrunner Paving&Asphalt Maintenance LLC Sunland Asphalt&Construction - m Non-Awarded Firms: a M.R.Tanner Construction ° This is a multi-year contract beginning from date of award for one year. The contract may be extended up co to a maximum of four(4)additional years on a year-to-year basis. Annual renewals would be based solely on the determination of the Lead Agency and 1 GPA as to the performance,costs and general quality of the. services provided by the successful vendors selected. Determination for usage of a Multiple Term Contract . in accordance with A.A.C.R7-2-1093 has been provided_in the solicitation files.' E - d a- w co co N C! r+ C C) E 0 O -cm C_ E O V a 4- C d E .0 V r Q 1910 W.Washington St.,Phoenix,AZ. 85009 www.1GPA.org Packet Pg. 169 I 11D.b 1 j AP,MA0._ - :. - . ]GovcrnmonPProourcment Alllenco Board Recommendation:for Contract Award T.; DATE: June 22,2017 a c o TO: Pinal County ESA ca FROM: I GPA - -c ,Jennifer Mufloz c o d Director of.Procurement and Compliance re c RE: Asphalt Products an dd Services m Kt17-16P . co a. It is the recommendation of I GPA that the above referenced IFB for Asphalt Products and Services to be awarded to the firms determined to:have submitted the lowest responsible and responsive bid as indicated rt to below: ..- N v Il Awarded Firms W Ace Asphalt of Arizona, Inc I co Cactus Asphalt,A Division of Cactus Transport,Inc. E Regional Pavement Maintenance of AZ,Inc., c Roadrunner Paving&Asphalt Maintenance LLC o Sunland Asphalt&Construction 13 c 71 E The purpose of this Invitation for Bid(1FB).is to establish,a contract with responsive/responsible e contraotor(s)that provide Asphalt Products and Services to be utilized by the Lead Agency and Members a of 1GPA Cooperative on an as needed basis. The solicitation is broken down into the following a. categories: Existing Asphalt,New Asphalt,and Related Services: Products and/or services may include, ibut are not,limited to asphalt surface patching,removal and replacement of asphalt,speed bumps/humps, d . asphaltic concrete paving,fabric overlays,pulverizing,concrete,saw cutting,par king.lot sweeping, E sealants,crack seals,emulsion sealels,^excavation,soil stabilization,.striping,-flatwork,,and much more = asphalt related services: 413 a The Bid Opening for this solicitation was held--on June9,2017'at the Office of IGPA, 1910 W. Washington Street,Phoenix,AZ 85009. Six(6)bids were received and reviewed by the evaluation committee comprised of Ken Carter,Executive 1; Directoi,l GPA,Claudia Leon,Director of Purchasing,Paradise:Valley USD,and Jennifer Muboz, Director of Procurement and Compliance, IGPA. 'The bids were initially'reviewed to determine responsiveness and responsibility as required in the 1FB All six(6)bids were considered responsive and responsible. Bids were then evaluatedper line item of the Cost Form. Each bidder was ranked highest to 1910 W.W ash►ngton;St.,Phoenix,.AZ. 85009 www.1 GPA:org Packet Pg. 170 I 11.D.b I lowest rank.based,on the pricing submitted. Cost Formula was utilized for all lines to determine a:`-`score for each line item given a weight of 100 points each. After all lines were evaluated,an average score was calculated,which then received a Rank score from h ighest to lowest. Af}er:initial ranking of all firms was established,an analytic review of the scope of services was performed to review what each firm offered in the contract by category; After categories were reviewed,regions and locations were also analyzed to determine if the members of 1 GPA that are located outside of Mar'icopa County and Arizona would have coverage for the contract nationally. It-is determined that a single award is not advantageous to cooperative members of 1GPA. The n solicitation authorized multiple awards to meet the needs of 1 GPA's various types of members'needs and locationsin Arizona and in other states. Award is recommended to the least number of Offerors which 1 D. offered the most advantageous proposals. The decision is based upon considerations for 1GPA members to select firms based on the scope of services needed and offered by each firm,vendor's ability to provide for a diverse membership,and locations served. A detailed summary of the,recommendation to award each firm is provided with the Multiple Award Justification. co This is a inult year contract beginning-from date of award for one year. The contract may be extended up re to a maximum of four(4)additional years on a year-to-year basis: Annual renewals would be based. c solely on the determination of 1GPA as to the performance,costs and general quality of the services provided by the successful vendors selected. a. o) co tY 4444-1 " ss a nrib J N 43 Jennifer Munoz - Jill Broussard, c Director of Procurement&Compliance County Superintendent 1GPA Pinal County ESA 0 i c • a) c E 0 a. 0 c d E t 0 111 . a 1910 W.Washington.St.,Phoenix,AZ.85009 _ . - www.1GPA.org Packet Pg. 171 11.D.b I GIP 0/001110000 1Government.Procurement Alliance June 28,2017 Sunland Asphalt&Construction,Inc. Ken Estrada 3002 S. Priest Dr. Tempe,AZ 85282 • Dear Ken Estrada, 1GPA is pleased to announce that your company has been awarded a contract for the following services based on the to proposal submitted to 1GPA for IFB# 17-16P: Commodity/Contract Title: Asphalt Products and Services `° a. Contractor/Vendor: w co co Sunland Asphalt& Construction,Inc. Contract Number: • N 17-16P-05 r c a) E The contract was awarded by the Lead Agency on June 28,2017 and is effective immediately and will expire on June 27, c 2018.The contract may be renewed annually for up to an additional four years,if mutually agreed to by 1 GPA and your firm. This contract will replace your current contract#12-20P which was awarded under solicitation#C120628CS. The 1GPA partnership.can be fofgreat helpto participating agencies.Please feel free toprovide copies of this letter to P p p p g g P� your sales representative to assist in their work. Please review the Vendor Welcome Guide that is included in the Award Notification Email. 4: c If you have any questions or concerns,please feel free to contact Christy Knorr at the 1GPA office at 480/399-6366 or via email; cknorrn,1GPA.ors.We look forward to working with you and your team! • ca Sincerely, Jennifer Munoz 1GPA,Director of Procurement&Compliance 1910 W.Washington St. * Phoenix,AZ.85009 ww .w.1 GPA.org • Packet Pg. 172 I 11.D.b I fp. A _ ',_ ' CONTRACT EXTENSION /AMENtoMENT i GOverninent PriodurOunit AllItince '—'• .r.. o May 10,2018 0.,.. .F.' Sunland Asphalt&Obstruction, Inc. . 3002 South Priest Drive o 1 . Tempe,AZ 85282 :.-. ...E Attn: Michael Baer co .c „ a) rtRE: Extension Agreement for Contract#17-16P-05 Asphalt Products and Services The above referenced contract is hereby mutually extended for an additional one (1) year period through E a) June 28,2019. This is the second year of a potential five year agreement. Please indicate your desire to > co extend by completing the information'below: o. o) . co . re 0 Our contract utilized fixed pricing. We.agree to hold the current prices until the next contract renewal co date of 6/28/2619. ei ' csi . er . 4 We have provided new pricing for 1GPA s revieW. Please tee the attached updates. csi .in.. D We will provide new pricing for1GPA's review no later than(Date): c a) (Pricing will remain the same until reviewed and approved by 1Gl2A.) - F m . . 0 Acknowledgement of Contract Amendment(s) o 0 < co Administrative Fee: Effective January 1,2018 the administrative fee will be,01.(1%). Previously,the c Administrative Fee was.00995(995%). This change has been implemented to Simplify the invoicing '13 E and payment:process requested by'many vendor partners. o 0 < Please provide 1GPA a copy of your updated Certificate of Insurance with your executed Contract EktensiOn. o. In addition,remember to send all purchase orders issued through your 1GPA Contract to 1GPA. If you have 0 , any questions or concerns, please feel free to contact Christy Knorr at 480-399-6366 or by email: ' .. 11 Ckhorr-P1GPA.Ore. . a) . ... E .c Vendor Signature: '(\ \ . Date: 5/22/2018 . ... (- —,•-- -----.Authorization Date - . • ' - - . Date: Ken Carter;1GPA Executive Director I ,.7, 1 F . .„..L_ di Authorization: ._ CVO. frA. 01014424444 Date:5i .. t.)i .. • • Jill Broussard,Pinal County Superintendent 1910 W.Washington St,Phoenix,AZ.85009 , . wWw.1GPA.org ' I Packet Pg. 173 I City of Prescott I 11.D.c I SR89 Pavement Rehabilitation Project CIP19-003 , Sunland Asphalt Line No. Item No. I Description of Work Qty Unit Unit Cost Contract Amount 1 1 'MOBILIZATION 1 LS $ 47,468.20 $ 47,468.20 co 2 2 13"MILLING. 24,122 SY $ 2.35 $ 56,686.70 3 3 16"REMOVAL EXISTING AC/BASE' 6,596 . SY $ 5.75 $ 37,927.00 co t 4 4 (BRUSH AND RECOMPACT EXISTING SUBGRADE 6,596 SY $ 0.65 $ 4,287.40 5 5 13"AC PAVING(PG 70-22 TR+W/FIBER) 24,122 SY $ 22.35 $ 539,126.70 6 6 16"AC PAVING(PG 70-22 TR+W/FIBER) 6,596 SY $ ' 44.00 $ 290,224.00 7 7 'TEMPORARY PAINT(PAINT ONLY) . . 1 LS $ 9,500.00 $ 9,500.00 cco 8 8 'TRAFFIC CONTROL 1 LS $ 37,500.00 $ 37,500.00 a 9 9 (CONTRACT ALLOWANCE 1 ALLOW $ 200,000.00 $ 200,000.00 0o co U) Total Contract Amount $ 1,222,720.00 N d N ca E N 0 cs as s a) d E a) Co a os co r c E 0 Cs z Packet Pg. 174 I 1 11.D.c I ( SUN LAN t 3002 S Priest Dr. AS:P;Mim►LT Tempe AZ 85282 602.323 2800 (p);602 680 1582 (f) To: City Of Prescott Contact: Steve Guizo 8 Address: 433 N.Virginia Street Phone: (928)777-1130 at 0 Prescott,AZ 86301 Fax: p Project Name: City Of Prescott-Hwy89-(Willow LakeTI To Sta. 105+00) Bid Number: 1496 c :fir Project Location: Hwy 89(Willow Lake Sta 1+00 To Sta. 105+00),Prescott,AZ Bid Date: 3/20/2019 r Bid in Accordance with the 1 GOVERMENTAL PROCUREMENT ALLIANCE(1GPA) ..13 o Contract#17-16P-05:—Asphalt and Related Surfaces-Awarded June 28,2017 ,c UNIT PRICE BREAK DOWNS ARE.AS FOLLOWS—ZONE#7 !Item#. Item Description Estimated Quantity Unit Unit Price Total Price 1 +' c 1 MOBILIZATION 1.00 LS $47,468.20 $47,468.20 g E 2 : 3"MILLING - 24,122.00 SY $2.35 $56,686.70 > 3 6"REMOVAL EXISTING AC/BASE 6,596.00 SY $5.75 $37,927,00 per. 4 : BRUSH AND RECOMPACT EXISTING SUBGRADE 6,596.00 SY $0.65 $4,287.40 5 - 3"AC PAVING(PG 70-22 TR+W/FIBER) 24,122.00 SY $22.35 $539,126.70 W 6 6"AC PAVING(PG 70-22 TR+W/FIBER) 6,596.00 SY $44.00 $290,224.00 Tr 7 TEMPORARY PAINT(PAINT ONLY) 1.00 IS $9,500.00 $9,500.00 8 TRAFFIC CONTROL 1.00 LS. $37,500.00 . $37,500.00 Total Bid Price: $1,022,720.00 s W Notes: . Z' • PRICING.INCLUDES'TAXES,BOND,LABOR,EQUIPMENT,AND MATERIALS TO COMPLETE THE WORK STATED ABOVE. cs • WORK IS TO BE PERFORMED DURING NIGHTTIME HOURS.THE WORK IS TENTATIVELY SCHEDULED FOR END OF MAY 2019. EE • PRICING EXCLUDES: PERMITS,SURVEY/AS-BUILTS,PERMANENT STRIPING,RPM'S,THERMOPLASTIC MARKINGS,UTILITY ADJUSTMENTS, SIGNAGE,AND SWPPP. co c O .0 :.. El— .c i 46 c a> E a> Co> O. co co re U) , 4.: c d E ACCEPTED: CONFIRMED: co The above prices,specifications and conditions are satisfactory SUNLAND ASPHALT Q and hereby accepted. . Buyer: Signature: . Authorized Signature: Date of Acceptance: . . Estimator:. Rick Risner 3/21/2019 1:58:28 PM - Page 1 of 1 I Packet Pg. 175 I I 11.E I CITYOF PRESCOTT E-Jr y:ifiromdo�a, ,COUNCIL AGENDA MEMO MEETING DATE/TYPE: VOTING MEETING 5-14-19 DEPARTMENT: Finance AGENDA ITEM: Resolution No. 2019-1689 Declaring the.document titled "Chapter 3- 14: Development Fees" a public record, and Ordinance No. 2019-1662 Amending the IIP and.LUA, and adopting updated Development Impact Fees. Approved By: Michael Lamar, City Manager Item Summary , This item is the adoption of the amended land use assumptions (LUA) and infrastructure improvement plan (IIP),.as well as the adoption of the updated development impact fees (DIFs). Background . The DIFs process, required by state law, is a 225' day process.. Council started this update on 'August 28, 2018, with a presentation from Raftelis, consultant, regarding updating the Development Impact Fees for Water Resources, Water System Impacts and Wastewater System Impacts. The study also included reviews and recommendations for adoption of new Development Fees related to Streets, Police, Fire. and Parks. A Mayor's Commission comprised of the following members, who work in the development community, was formed. • Brian Bombardieri, B's Contracting /YCCA • . David Grounds, Dorn Homes • Dean Lyon, P.E., Lyon Engineering • Michael Taylor, Taylor Architects • Michael Yarnes, Rent Right Management Services The Commission met with City:staff and the consultant on October 9th, November 7th, November 28th, and January 9th. The Commission provided feedback and helped form the proposed Infrastructure Improvement Plan and Land Use Assumptions. As required by law (A.RiS. §9-463.05, -et seq.), the public hearing on the City's Land Use Assumptions (LUA) and Infrastructure Improvement Plan (IIP) was held on January I Packet Pg. 176 I I 11.E AGENDA ITEM: Resolution No. 2019-1689 Declaring the document titled "Chapter 3-14: Development Fees" a public record, and Ordinance No. 2019-1662 Amending the IIP and LUA, and adopting updated Development Impact Fees. 22, 2019. All the presentations and documents related to the fee setting process are available on the City's website at: http://www.prescott-az.dov/business-development/buildind-permits/development- impact-fees/ The IIP and LUA were adopted by Council on February 26, 2019. The amendments that are proposed are related to the growth share of water and wastewater projects. At the April 9, 2019, presentation, these amendments and the following proposed DIFs were discussed. Proposed Utility DIFs Base Meter Size Fee Service Utility Current Proposed Area Water System A $827 $ 862 B $2,263 to $4,090 $ 5,303 Water Resource $1,481 $ 1,441 Wastewater System $1,989 to $3,562 $ 3,020 • Fees increase by water meter size using the same ratios for 1-inch and larger meter sizes as is used for equivalent demand units 2 Packet Pg. 177 I 11.E I AGENDA ITEM: Resolution No. 2019-1689 Declaring the document titled "Chapter 3-14: Development Fees" a public record, and Ordinance No. 2019-1662 Amending the IIP and LUA, and adopting updated Development Impact Fees. Non-Utility DIFs Proposed Fees by Residential Size and Nonresidential Type of Development Streets Police Fire Total Residential(per dwelling by livable square feet) 1800 or less $672 $212 $187 $1,071 1801 to 2600 $1,040 $328 $291 $1,659 2601 or more $1,222 $388 $343 $1,953 Nonresidential(per Sq Ft) Industrial $0.51 $0.14 $0.19 $0.84 Office & Other Services $1.01 $0.28 $0.35 $1.64 Retail & Restaurants $2.33 $0.72 $0.28 $3.33 • The Full DIFs process is outlined below: Development Impact Fee Process Date Type Description November 13, 2018 Council Workshop (1:00pm) Workshop on Land Use Assumptions (LUA) and Infrastructure Improvement Plan (IIP) November 13, 2018 Council Voting (3:00pm) Adoption of Notice of Intent of intention to review and update the City's LUA and IIP, publishing LUA and HP, and set public hearing date January 22, 2019 Council Workshop (1:00pm) Workshop on Land Use Assumptions (LUA) and Infrastructure Improvement Plan(IIP) January 22, 2019 Council Voting (3:00pm) Public hearing on LUA and IIP February 26, 2019 Council Voting (3:00pm) Presentation on proposed Development Impact Fees (DIF) Adoption of LUA and IIP Adoption of Notice of Intent, publish DIF report, and set public hearing on DIF April 9, 2019 Council Workshop (2:00pm) Presentation of the proposed Development Impact Fees. April 9, 2019 Council Voting (3:00pm) Public hearing on Development Impact Fees May 14, 2019 Council Voting (3:00pm) Adoption of Amended LUA and IIP Adoption of Development Impact Fees August 1, 2019 Implementation of adopted Development Impact Fees Attachments 3 Packet Pg. 178 I 11.E I AGENDA ITEM: Resolution No. 2019-1689 Declaring the document titled "Chapter 3-14: Development Fees" a public record, and Ordinance No. 2019-1662 Amending the IIP and LUA, and adopting updated Development Impact Fees. 1. Resolution No. 2019-1689. 2. Resolution No. 2019-1689, Exhibit A 3. Ordinance No. 2019-1662 • Recommended Action: 1. MOVE to adopt Resolution No. 2019-1689; and 2. MOVE to adopt Ordinance No. 2019-1662. 4 • Packet Pg. 179 I Cityof P Council Meeting Utility and Non-Utility Development Impact Fee Studies May 14, 2019 Presented by Andrew Rheem R RAFTELIS DIF Recommendations Utility DIF service areas Water System DIF consolidate from 10 to 2 Wastewater System DIF consolidate from 9tol Maintain 1 Water Resource DIF Proposed non-utility DIFs for: Streets Police Fire ARS DIF Requirements — At least 225 Days from Notice of Intent to Full Implementation LUA and IIP Public Hearing Notice of Intent Requirements At Least 60 Days Before Public Hearing, Publish Documents i LUA and IIP Public Hearing 30 to 60 Days after Public Hearing To Act on LUA and IIP i DIF Public Hearing Notice of Intent Requirements At Least 30 Days Before Public Hearing, Publish Documents DIF Public Hearing 30 to 60 Days after Public Hearing To Act on Proposed DIFs Implementation of DIFs At least 75 Days after Adoption Mayor's Commission for DIF Study Commission 's role: provide feedback and advise Raftelis, City Staff and City Council regarding the utility and non-utility LUA, IIP and DIFs Commission members Dean Lyon , P. E., Lyon Engineering Michael Taylor, Taylor Architects David Grounds, Dorn Homes Brian Bombardieri, B's Contracting / YCCA Michael Yarnes, Rent Right Management Services Four meetings completed 10/9/18, 11/7/18, 11/28/18, and 1/9/19 Impact Fee Timeline Study Milestone Timeline Publish Draft LUA and IIP (utility and non-utilities) November 13, 2018 LUA and IIP Public Hearing January 22, 2019 Adopt Final LUA and IIPs February 26, 2019 Provide Notice of Intent and set DIF Public Hearing February 26, 2019 Publish Draft DIF Study Reports Before March 10, 2019 DIF Public Hearing April 9, 2019 Post Amended LUA and IIP Before April 14, 2019 Post Final DIF Study Reports and Proposed DIFs Before April 14, 2019 Approve Amended IIPs May 14, 2019 Vote on proposed DIFs May 14, 2019 Modified DIFs Effective August 1, 2019 Proposed UtilityDIFs Base Meter Size Fee Service Utility Current Proposed Area Water System A $827 $ 862 B $2,263 to $4,090 $ 5,303 Water Resource $1,481 $ 1,441 Wastewater System $ 1,989 to $3,562 $ 3,020 • See proposed Chapter 3-14 for proposed fees by meter size • Fees increase by water meter size using the same ratios for 1-inch and larger meter sizes as is used for equivalent demand units Non - Utility DIFs Proposed Fees by Residential Size and Nonresidential Type of Development Streets Police Fire Total Residential (per dwelling by livable square feet) 1800 or less $672 $212 $187 $1,071 1801 to 2600 $1,040 $328 $291 $1,659 2601 or more $1,222 $388 $343 $1,953 Nonresidential (per Sq Ft) Industrial $0.51 $0.14 $0.19 $0.84 Office & Other Services $1 .01 $0.28 $0.35 $1.64 Retail & Resta ura nts $2.33 $0.72 $0.28 $3.33 DIF Comparisons Office DIE Comparison (1 Prescott Current Prescott Prescott Fee Category Max. (2) Proposed Valley Water $4,090 $5,303 $1,491 Water Resources 1,480 1,441 1,526 Wastewater 3,562 3,020 3,014 Street 0 5,050 3, 150 Park & Rec 0 0 300 Police (3) 0 1,400 2,200 Fire (3) 0 1,750 0 Total $9,132 $17,964 $11,681 (1) Assumes 5,000 sq. ft. developed building with 5/8-inch water meter and 25 fixture units. (2) Current maximum reflects new development within Water Service Area E and Wastewater Service Area G. (3) Prescott Valley has a public safety fee with fire services provided by a fire district. Restaurant DIF Comparison (1 Prescott Current Prescott Prescott Fee Category Max. (2) Proposed Valley Water $4,090 $5,303 $1,491 Water Resources 1,480 1,441 1,526 Wastewater 3,562 3,020 3,014 Street 0 11,650 7,550 Park & Rec 0 0 300 Police (3) 0 3,600 2,200 Fire (3) 0 1,400 0 Total $9,132 $26,414 $16,081 (1) Assumes 5,000 sq. ft. retail developed building with 5/8-inch water meter and 30 fixture units. (2) Current maximum reflects new development within Water Service Area E and Wastewater Service Area G. (3) Prescott Valley has a public safety fee with fire services provided by a fire district. Retail DIF Comparison (1 Prescott Current Prescott Prescott Fee Category Max. (2) Proposed Valley Water $6,830 $8,839 $3,757 Water Resources 2,473 2,401 3,846 Wastewater 5,949 5,033 7,596 Street 0 23,300 14, 100 Park & Rec 0 0 600 Police (4) 0 7,200 4,400 Fire (4) 0 2,800 0 Total $15,252 $49,573 $34,299 (1) Assumes 10,000 sq. ft. retail developed building with 1-inch water meter and 100 fixture units. "'`° (2) Current maximum reflects new development within Water Service Area E and Wastewater Service Area G. (3) Prescott Valley has a public safety fee with fire services provided by a fire district. Residential DIE Comparison (1 Prescott Current Prescott Prescott Fee Category Max. (2) Proposed Valley Water $4,090 $5,303 $1,491 Water Resources 1,480 1,441 1,526 Wastewater 3,562 3,020 3,014 Street 0 1,040 1,784 Park & Rec. 0 0 1,374 Police (3) 0 328 449 Fire (3) 0 291 0 Library/Cultural 0 0 1,589 Total $9,132 $11,423 $11,227 (1) Assumes "Medium" sized residential development with 5/8 x 3/-inch meter. (2) Current maximum reflects new development within Water Service Area E and Wastewater Service Area G. (3) Prescott Valley has a public safety fee with fire services provided by a fire district. Multi- Unit Residential DIF Comparison (1) Prescott Current Prescott Prescott Fee Category Max. (2) Proposed Valley Water $13,620 $17,676 $7,455 Water Resources 4,932 4,803 7,630 Wastewater 11,861 10,057 15,071 Street 0 6,720 9,410 Park & Rec 0 0 11,900 Police (3) 0 2,120 3,890 Fire (3) 0 1,870 0 Library/Cultural 0 0 9,980 Total $30,413 $43,246 $65,336 (1) Assumes "Small" sized residential development with 1 1/2-inch and 10 dwelling units and 320 fixture units. (2) Current maximum reflects new development within Water Service Area E and Wastewater Service Area G. (3) Prescott Valley has a public safety fee with fire services provided by a fire district. I11.E.a I RESOLUTION NO. 2019-1689 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PRESCOTT, ARIZONA, DECLARING AS A PUBLIC RECORD THAT CERTAIN DOCUMENT FILED WITH THE CITY CLERK AND ENTITLED "CHAPTER 3-14: DEVELOPMENT FEES", WHICH DOCUMENT AMENDS PRESCOTT CITY CODE TITLE III, CHAPTER 3-14 ("DEVELOPMENT FEES"). BE IT RESOLVED by the Mayor and Council of the City of Prescott, Arizona, as follows: 0 0. THAT certain document entitled "CHAPTER 3-14: DEVELOPMENT FEES", 0 attached hereto and incorporated herein by reference as Exhibit "A", with one paper copy and one electronic copy maintained in compliance with A.R.S. Section 44- LL 7041filed in the Office of the City Clerk, is hereby declared to be a public record, and co said copies are ordered to remain on file with the City Clerk. E THAT the document entitled "CHAPTER 3-14: DEVELOPMENT FEES" will ;° amend Prescott City Code Title III, Chapter 3-14 ("CHAPTER 3:14: DEVELOPMENT . FEES") referenced in Prescott.City Ordinance No. 2019-1662. co o) PASSED AND ADOPTED by the City of Prescott, Arizona, this day of 2019. o z c 0 w ,o N/ 0 GREG L. MENGARELLI, Mayor Attest: E 0 0 a MAUREEN SCOTT, City Clerk Approved As To Form: JON M. PALADINI, City Attorney I Packet Pg. 180 I I 11.E.a I RESOLUTION NO. 2019-1689 Page 2 CERTIFICATION OF RECORDING OFFICER STATE OF ARIZONA ) County of Yavapai ) ss. I, the undersigned Maureen Scott, being the duly appointed, qualified City Clerk of the City c of Prescott, Yavapai County, Arizona, certify that the foregoing Resolution No. 2019-1689 ° c. is a true, correct and accurate copy of Resolution No. 2019-1689, passed and adopted at a a Voting Meeting of the Council of the City of Prescott, Yavapai County, Arizona, held on theco day of 2019, at which a quorum was present and, by a vote, voted in favor of said resolution. E Given under my hand and sealed this day of , 2019. N • co 0 N . c O Seal w City Clerk co z I Packet Pg. 181 I I11.E.a I RESOLUTION NO. 2019-1689 Page 3 EXHIBIT "A" c. O •r. O w as a, u. a E co ti C) CO co d r N O Z' O 4S 7 O N a1 re a: C a, E Z C, co I Packet Pg. 182 I I 11.E.b I Prescott City Code Page 1/5 CHAPTER 3-14:DEVELOPMENT FEES CHAPTER 3-14:DEVELOPMENT FEES SECTIONS: 3-14-1: DEFINITIONS: 3-14-2: DEVELOPMENT FEES FOR FIRE 3-14-3: DEVELOPMENT FEES FOR POLICE 3-14-4: [RESERVED FOR FUTURE USE/PARKS]: 3-14-5: [RESERVED FOR FUTURE USE/LIBRARY]: 3-14-6: RESTRICTED USE OF FEES: 3-14-7: IMPOSITION OF FEES: 3-14-8: EXEMPTION FROM FEES: - 3-14-9: DETERMINATION OF CLASSIFICATION: o 3-14-10: DEVELOPMENT FEES FOR STREETS +r 3-14-11: DEVELOPMENT FEES FOR WATER RESOURCES: o 3-14-12: DEVELOPMENT FEES FOR WATER SYSTEM IMPACTS: 3-14-13: DEVELOPMENT FEES FOR WASTEWATER IMPACTS: d 3-14-14: NONREFUNDABLE DEVELOPMENT FEES: ci 3-14-15: NONTRANSFERABILITY OF DEVELOPMENT FEES: co 3-14-1 DEFINITIONS: °' (A) Residential Unit:A room or group of rooms within a building containing cooking accommodations,and used or designed or intended for use or occupancy by an individual or individuals as common living o ti quarters.An apartment,manufactured home,modular home and mobile home shall be considered a residential unit,but a hotel room or motel room is not considered a residential unit under the provisions of this chapter.(Ord.3310, 1-24-1995,eff.4-24-1995;Ord.4889-1427,6-24-2014) (B) Livable Square Feet: The square footage of a residential unit under roof that is used for living,sleeping, s? eating,cooking. Livable square feet areas shall not include patios,porches,garages,sheds or accessory structures. W of 3-14-2 DEVELOPMENT FEES FOR FIRE: co All new construction within the City limits,shall be assessed the following development fee for fire: - o Residential Fee N (per residential unit by livable square feet(sf)) 1,800 sf or less $187 c 1,801-2,600 sf $291 2,601 sf or more $343 Non-Residential(per square foot(sf))- y d Industrial $0.19. Office and Other Services $0.35 Retail and Restaurants $0.28 ca 3-14-3 DEVELOPMENT FEES FOR POLICE: All new construction within the City limits,shall be assessed the following development fee for police: Residential Fee (per residential unit by livable square feet(sf)) 1,800 sf or less $212 1,801-2,600 sf $328 2,601 sf or more . $388 Non-Residential(per square foot(sf)) Industrial $0.14 The Prescott City Code is current through Ordinance. Packet Pg. 183 I I 11.E.b I Prescott City Code Page 2/5 CHAPTER 3-14:DEVELOPMENT FEES I Office and Other Services I $0.28 I Retail and Restaurants I $0.72 3-14-4[RESERVED FOR FUTURE USE/PARKS]: (Ord.3310, 1-24-1995,eff.4-24-1995;Ord.4173, 11-27-2001,eff.3-1-2002;Ord.4889-1427,6-24-14) 3-14-5[RESERVED FOR FUTURE USE/LIBRARY]: (Ord.3310, 1-24-1995,eff.4-24-1995;Ord.4173, 11-27-2001,eff.3-1-2002;Ord.4889-1427,6-24-2014.Formerly 3-14-6) 3-14-6 RESTRICTED USE OF FEES: All development fees collected in accordance with this chapter shall be placed in a separate fund and accounted for c separately,and may only be used for the purposes as set forth in this chapter.Notwithstanding the foregoing,the o City Council reserves the right to amend this chapter,subject to compliance with A.R.S. § 9-463.05.(Ord.3310,1- c 24-1995,eff.4-24-1995;Ord.4889-1427,6-24-2014.Formerly 3-14-7) Q 3-14-7 IMPOSITION OF FEES: aNi (A)All fees imposed pursuant to this chapter shall be payable at the time of obtaining a building permit or as u otherwise allowed under a valid development agreement and consistent with the provisions of A.R.S. §9-463.05. a (B)The City Manager and applicant for a building permit may agree upon the dedication of land or other capital improvements in lieu of a fee required pursuant to this chapter;provided,that the value of such space and co improvements,as determined by the City Manager,is substantially equal to or greater than the amount of fee required by this chapter;and in the event the dedications referred to above do not substantially equal in value the amount of fees required by this chapter,as determined by the City Manager,the City Manager may accept such dedications in partial payment of such fees and collect the remainder thereof in cash,consistent with A.R.S. § 9- 463.05.(Ord.3310, 1-24-1995,eff.4-24-1995;Ord.4665, 10-28-2008,eff.7-11-2009;Ord.4889-1427,6-24-2014. Formerly 3-14-8) to 3-14-8 EXEMPTION FROM FEES: ao The following shall be exempted from the payment of any fees imposed by this chapter: (A)Alterations or expansions of existing residential structures where no additional residential units are created and N where no additional demand for services is created by the alteration or expansion. d Z (B)The residential construction of any accessory buildings or structures;provided,that no additional residential units are created and where no additional demand for services is created by the accessory building or structures. (C)The replacement of a destroyed or partially destroyed building or structure with a new building or structure of the same size and use and where no additional demand for services is created by the new building or structure.(Ord. re 3310, 1-24-1995,eff.4-24-1995;Ord.4889-1427,6-24-2014.Formerly 3-14-9) c (D) In the event that it is unclear as to whether a proposed use or change in use will or will not created an . additional demand for service,the City Manager is empowered to make the determination. cti 3-14-9 DETERMINATION OF CLASSIFICATION: (A)In the event that it is unclear as to whether a proposed use of a structure is residential as defined in Section 3-14- 1,then and in that event the City Manager is hereby empowered to designate the status of that structure or use; provided,however,that all future identical uses shall be accorded the same designation.Any such designation shall be deemed conclusive and final. (B)The City Manager is authorized to determine the business classification(retail,industrial,office,restaurant, and/or hotel/motel)for application of nonresidential development fees.(Ord.3310, 1-24-1995,eff.4-24-1995;Ord. 4889-1427,6-24-2014.Formerly 3-14-10) The Prescott City Code is current through Ordinance. I Packet Pg. 184 I I 11.E.b I Prescott City Code Page 3/5 CHAPTER 3-14:DEVELOPMENT FEES 3-14-10 DEVELOPMENT FEES FOR STREETS: All new construction within the City limits,shall be assessed the following development fee for streets: Residential Fee (per residential unit by livable square feet(sf)) 1,800 sf or less $672 1,801-2,600 sf .$1,040 2,601 sf or more $1,222 Non-Residential(per square foot(sf)) Industrial $0.51 Office and Other Services $1.01 I o Retail and Restaurants $2.33 I a 0 z3 3-14-11 DEVELOPMENT FEES FOR WATER RESOURCES: (A)All new construction to be connected to the City's water system,within or outside the City limits,shall be d assessed the following development fee for water resources: u' r ca METER SIZE FEE 12 15/8-inch $1,441 cC t` I3/4-inch $2,161CNI I1-inch $2,401 1.5-inch $4,803 t 2-inch $7,684 W C) co 3-inch $14,408 co 4-inch $24,013 O 6-inch $48,025 CS! 18-inch $76,840 O (B)In the event that a one(1)inch meter or larger is required solely as a result of a residential unit being equipped with an automatic fire sprinkler system,the development fee to be assessed pursuant to this section shall be based on the actual size meter needed to serve the fixtures within a residential unit(s). r c (C)In the event that an upsizing.of meter size is required as.a result of remodeling,renovation or expansion of a structure,the development fee to be assessed pursuant to this section shall be the difference between the current c development fee for the upsized meter versus the current development fee for the existing meter. cc (D)Fees collected pursuant to this section may only be used for the acquisition of water resources,as identified in the City's most recent infrastructure improvement plan("IIP")and authorized pursuant to A.R.S.§9-463.05.(Ord. 4390,4-13-04;Ord.4523,.2-7-06,eff.5-08-06;Ord.4665, 10-28-2008,eff.7-11-2009;Ord.4665 suspended by Ord.4721-1018,eff.03-23-2010;Ord.4889-1427,6-24-2014;Ord.4935-1473,7-14-2015.Formerly 3-14-13) 3-14-12 DEVELOPMENT FEES FOR WATER SYSTEM IMPACTS: (A)All new construction to be connected to the City's water system,within or outside the City limits,shall be assessed the following development fee for water system impacts: METER SIZE WATER SERVICE I WATER SERVICE AREAA I AREAA&B The Prescott City Code is current through Ordinance. I Packet Pg. 185 • I 11.E.b I Prescott City Code Page 4/5 CHAPTER 3-14:DEVELOPMENT FEES 5/8-inch $862 $5,303 3/4-inch $1,293 $7,955 1-inch $1,437 $8,839 1.5-inch $2,873' $17,676 2-inch $4,597 $28,282 3-inch $8,620 $53,030 4-inch $14,367 $88,384 6-inch . $28,733 . $176,766 8-inch $45,973 . $282,826 (B)In the event that a one(1)inch meter or larger is required solely as a result of a residential unit being equipped with an automatic fire sprinkler system,the development fee to be assessed pursuant to this section shall be based on the actual size meter needed to serve the fixtures within a residential unit(s). o a (C)In the event that an upsizing of meter size is required as a result of remodeling,renovation or expansion of a structure,the development fee to be assessed pursuant to this section shall be the difference between the current development fee for the upsized meter versus the current development fee for the existing meter. co a> u- (D)Fees collected pursuant to this section may only be used for purposes related to the City's water production, treatment,transmission and distribution system,as identified in the City's most recent infrastructure improvement a plan("IIP")and authorized pursuant to A.R.S. § 9-463.05,as amended.(Ord.4523,2-7-06,eff.5-08-06;Ord.4665, E 10-28-2008,eff.7-11-2009;Ord.4665 suspended by Ord.4721-1018,eff.03-23-2010;Ord.4889-1427,6-24-2014. •• Formerly 3-14-14) v 3-14-13 DEVELOPMENT FEES FOR WASTEWATER IMPACTS: (A)All new construction to be connected to the City's wastewater system,within or outside the City limits,shall be . Q assessed the following development fee for wastewater system impacts: w • ai co METER SIZE WASTEWATER SERVICE co AREA A 5/8-inch • $3,020 N 3/4-inch $4,530 1-inch $5,033 1.5-inch $10,067 C 2-inch . $16,107 3-inch $30,200 O 4-inch $50,334 6-inch $100,667 8-inch $161,068 E 0 (B)In the event that a one(1)inch meter or larger is required solely as a result of a residential unit being equipped with an automatic fire sprinkler system,the development fee to be assessed pursuant to this section shall be based on the actual size meter needed to serve the fixtures within a residential unit(s). (C)In the event that the connection is solely for wastewater,the wastewater development fee shall be based on the size water meter needed to serve the fixtures within the residential unit(s). (D)In the event that an upsizing of meter size is required as a result of remodeling,renovation or expansion of a structure,the development fee to be assessed pursuant to this section shall be the difference between the current development fee for the upsized meter versus the current development fee for the existing meter. The Prescott City Code is current through Ordinance. I Packet Pg. 186 I I 11.E.b I Prescott City Code Page 5/5 CHAPTER 3-14:DEVELOPMENT FEES (E)Fees collected pursuant to this section may only be used for purposes related to the City's wastewater treatment and collections system,as identified in the City's most recent infrastructure improvement plan("IIP")and authorized pursuant to A.R.S. § 9-463.05.(Ord.4889-1427,6-24-2014) 3-14-14 NONREFUNDABLE DEVELOPMENT FEES: (A)There will no monetary or equitable payout by the City in the event that the differential between the current development fee and past development fee paid for by an applicant yields a credit. (B)The payment of development fees is nonrefundable.(Ord.4889-1427,6-24-2014) 3-14-15 NONTRANSFERABILITY OF DEVELOPMENT FEES: (A)All development fees paid pursuant to the Prescott City Code shall apply to the real property upon which the improvement is located. O (B)Development fees are not transferable between properties. - o, 0 (C)Development fees shall apply to a single property and may not be transferred between properties.(Ord.4889- 1427,6-24-2014) a) a ca a E co ti N e- .0 x w a co co o) 0 N O • O w C cn d 3.: C a) E t c., of a The Prescott City Code is current through Ordinance. Packet Pg. 187 I I 11.E.c I ORDINANCE NO. 2019-1662 AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE CITY OF PRESCOTT, YAVAPAI COUNTY, ARIZONA, AMENDING TITLE III, CHAPTER 3-14 ("DEVELOPMENT . FEES"); ADOPTING DEVELOPMENT FEES; ADDING A SEVERANCE CLAUSE; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City of 'Prescott wishes to update Title III, Chapter' 3-14 ("DEVELOPMENT FEES"), by deleting the existing Chapter 3-14 in its entirety and replacing Chapter 3-14 ("Development Fees"); and, WHEREAS,' A.R.S. §9-463.05, allows municipalities to impose development fees; and, 0 - WHEREAS, the Land Use Assumptions ("LUA") and Infrastructure Improvement -aa Plans ("IIP") for Fire, Police, Streets,. Water Resource System,- Water Impact and Wastewater Impacts were adopted by the Prescott. City Council on February 26, 2019, through Resolution 'No. 2019-1680; and additionally, public notice was provided as to the proposed amended LUA and IIP, as permitted statutorily pursuant to A.R.S. §9- a 463.05(D)(10) on April 12, 2019; and, the Council finds that the amended LUA and IIP meet the statutory requirements of this subsection of the Arizona Development Fee ti statute; and, N N WHEREAS, the Prescott City Council has given the required notice of intent to o assess new or increased development fees and held the required Public Hearings to impose development fees and all procedural.requirements of law have been met; and, N WHEREAS, amending Title III, Chapter 3-14 ("DEVELOPMENT FEES"), which, in part, will establish; new development fees for fire, police, streets, water resource c systems, water impacts and sewer, is in the best interests of the health, safety and welfare of the City of Prescott; and, WHEREAS,.. the -City 'declared that document entitled "Chapter 3-14: d Development Fees", which contains the amendments to Title III, Chapter 3-14, listed above, to-be a public record through City of Prescott Resolution No. 2019-1689. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF - PRESCOTT AS FOLLOWS: ' ENACTMENTS: SECTION.1. Upon the effective date of this Ordinance, the document entitled "Chapter 3-14: Development Fees", which was made a public record by Resolution No. 2019- 1689, is hereby adopted by reference and supersedes and replaces all previous versions of Title III, Chapter 3-14 ("Development Fees"), is updated by deleting the existing Chapter 3-14 in its entirety and replacing same with a new Chapter 3-14 I Packet Pg. 188 I I 11.E.c I ORDINANCE NO. 2019-1662 Page 2 (-"Development Fees"). SECTION 2: SEVERANCE CLAUSE: THAT the provisions of this Ordinance and the Code and Code Amendments it incorporates are hereby declared to be severable; and, if any section, sentence, clause or phrase of this Ordinance, or any Code and Code Amendments that it incorporates shall, for any reason, be held to be invalid or unconstitutional, such decisions shall not affect the validity of the remaining sections, sentences, clauses. and phrases of this Ordinance and the Code. and Code Amendments it incorporates, but they shall remain in effect, it being the legislative intent that this Ordinance and the Code and.Code Amendments it incorporates shall stand, notwithstanding the invalidity of any part thereof. SECTION.3. EFFECTIVE DATE. The provisions of this Ordinance shall become c effective on August 1, 2019. a O - PASSED AND ADOPTED by the Council of the City of Prescott, Arizona, on this 14th LL . day of May, 2019. ti N GREG L. MENGARELLI, Mayor o 0 N. O Z d ATTEST: APPROVED AS TO FORM: . - a 0 r MAUREEN SCOTT, City Clerk JON M. PALADIN!, City Attorney I Packet Pg. 189 I I 11.E.c I ORDINANCE NO. 2019-1662 Page 3 CERTIFICATION OF RECORDING OFFICER STATE OF.ARIZONA - ) County of Yavapai ) ss. I, the undersigned Maureen Scott, being the duly appointed, qualified City Clerk of the City °Prescott, Yavapai County, Arizona, certify that the foregoing Ordinance No: 2019-1662 is a true, correct and accurate copy of Ordinance No. 2019-1662, passed and adopted at a 0 Voting Meeting of.the Council of the City of Prescott, Yavapai County, Arizona, held on the N ' day of 2019, at which a quorum was present and, by a - vote, voted in favor of said ordinance: - a E Given under my hand and sealed this day of , 2019. N N CD r df - T 0 N O - Z d 0 Seal City Clerk 0 r E 0 I Packet Pg. 190 I I 11.F I CITYor PRESCOTT yJ1-6,Nrctoteit, COUNCIL AGENDA MEMO MEETING DATE/TYPE: VOTING MEETING ' 5-14-19 DEPARTMENT: Public Works AGENDA ITEM: Adoption of. Resolution No. 2019-169,1, approving the Kile Street Water Line Development Agreement with Westridge Preserve LLC, City Contract 2019- 226. FUNDING SOURCE: Water Fund I Approved By: Michael Lamar, City Manager �. Item Summary This item is to approve a Development.Agreement with Westridge Preserve, LLC, for the construction of a water main in Kile Street. See attached location map. Background Westridge Preserve, LLC is the Developer of The Preserve Subdivision. The Preserve is currently served by City water: Through the water model, City staff has identified that an additional water main connection to The Preserve Subdivision could improve the entire Zone 48 system with a looped feed. During plan review of the recent phase, City staff and the Developer discussed the mutual benefit :of completing this water, system loop. There is currently a water main in Kile Street, just south of Iron Springs Road north of The Preserve Subdivision. The Kile Street and Downer Trail alignment will be an emergency ingress egress access between the neighborhoods and can be the route for the water main connection. The'extension of the Kile Street water main-will provide a direct benefit to the City by creating the'much needed looping and redundancy in Zone " 48 as well as to Westridge Preserve, LLC. • ' . Under the terms of the development agreement, Westridge Preserve, LLC is responsible for the design, construction, record drawings and 2-year warranty period for the installation of approximately.1,200 linear feet of 12" ductile iron pipe water main. The new line will start at the existing distribution main in Kile Street running south to a connection point at Rockwood Dr, in The Preserve Subdivision. Financial Impact I Packet Pg. 191 I I 11.F I AGENDA ITEM: Adoption of Resolution No. 2019-1691,, approving the Kile Street Water Line Development Agreement with Westridge Preserve LLC, City Contract 2019-226. There is a cost savings to the City for this project as the Developer will pay"the cost of design and record drawings. Additionally, the developer will construct the improvements saving the City time and expenses of managing the project. The City will reimburse the Owner construction and inspection costs for installation of the main. Funding for this project is available in the Water Fund. Attachments 1. Kile Street Water Main Location Map 2. Resolution No 2019-1691 3. Kile St Development Agreement with Exhibits (City Contract No. 2019-226) Recommended Action: MOVE to'adopt Resolution No. 2019-1691 and approve City Contract 2019-226. 2 I Packet Pg. 192 I **41 / * 1, ��M � ilk. L ` F° lit* �� MIN PRESCOTr tm P * / 0.0 -.- •4; . , Q c --. I* BEGIN 17 WATER MAIN i o */* *it ` „ ' ibb "wit 7- o / 7WIL�GHT TRL y iii 7—'1 �, LiLh .boo a> - PAI4 R i Is ,% \ END 1?WATER MAIN �' a . i WH • 41 ' O. ..K. 11 J w llp ki #4,,.. .1 v-. ,, ... dihri 4. 11._...,�� ai in .. i �/� 111111,.:- 3 , �N This map is a product of '-' •- �I •-� � - The City of Prescott 0 �' ,-------t/ THE PRESERVE SUBDIVISION ^� � t • CU ,IN //.?`. /,--. ....._. •. r Q 7S' '-'--T'll:-.41 . _ ._ _._ _ _ _ __ _ . . , \ \ Pr Ownaw7bd,.2010.04-2 1.19:17 ° The CXy of Pns«n es Packet Pg. 193 I I 11.F.b I RESOLUTION.NO. 2019-1691 A RESOLUTION OF:THE MAYOR AND COUNCIL OF THE CITY OF PRESCOTT, YAVAPAI COUNTY, ARIZONA, APPROVING A DEVELOPMENT AGREEMENT WITH WESTRIDGE PRESERVE LLC. RECITALS: WHEREAS, the City of Prescott ("City") requires a water main with increased capacity in the area of Kile Street; and E a" WHEREAS, Westridge Preserve LLC. ('Westridge") is currently undertaking a construction in the same area 'and will benefit from the water main with increased capacity; and WHEREAS,the City and Westridge wish to enter into an agreement to complete the construction and delineate the rights and obligations of both parties. c ENACTMENTS: NOW, THEREFORE, BE IT RESOLVED BY THECOUNCIL OF THE CITY OF . r� PRESCOTT AS FOLLOWS: N Section 1 THAT, the City of Prescott hereby approves and adopts the Kile Street Water Main Development Agreement with Westridge, City Contract No. 2019-226 , ' a, as set forth in Exhibit"A"which is attached and made a part hereof. N 0 Section 2 THAT, the Mayor and Staff are hereby authorized to execute the attached contract and to take any and all steps deemed necessary to accomplish the above. 0 PASSED, APPROVED AND ADOPTED by the Mayor and Council of the City of 0 Prescott,Arizona, on this day of , 2019. a GREG L. MENGARELLI, MAYOR DATE I Packet Pg. 194 I I 11.F.b I RESOLUTION NO. 2019-1691 PAGE 2 ATTEST: APPROVED AS TO FORM: MAUREEN SCOTT JON PALADIN! CITY CLERK CITY ATTORNEY - m E O. 0 as > CERTIFICATION OF RECORDING OFFICER 11') STATE OF ARIZONA ) CD County of Yavapai ) ss. I, the undersigned Maureen Scott, being the duly appointed, qualified City Clerk of the City of Prescott, Yavapai County, Arizona, certify that the foregoing Resolution No. 2019-1691 N is a true, correct and accurate copy of Resolution No. 2019-1691 passed and adopted at a Voting Meeting of the Council of the City of Prescott, Yavapai County, Arizona, held on the day of 2019, at which a quorum was present and, by a vote, voted in favor of said ordinance. 0 Given under my hand and sealed this day of , 2019. 0 re Seal City Clerk I Packet Pg. 195 I I 11.F.c I When Recorded,Return to: CITY CLERK City of Prescott 201 South Cortez Street °' Prescott,Arizona 86303 m E 0 a> aP 0 KILE.STREET WATER MAIN DEVELOPMENT AGREEMENT y DATED ,2019 ti BETWEEN THE CITY OF PRESCOTT • 0o N AND o� WESTRIDGE PRESERVE,LLC N 0 z 0 co 0 C, 4- r x w z c a) E a) . a) L. Q - c E a 0 > a) 0 • N . N c a) E • z 0 I Packet Pg. 196 I I 11.F.c I KILE STREET WATER MAIN DEVELOPMENT AGREEMENT CITY OF PRESCOTT NO. a) DATE. The date of this Development Agreement. ("Agreement") is Q , 2019. a) E PARTIES. The parties to this Agreement are: d City of Prescott, an Arizona municipal corporation c 201 South Cortez Street d Prescott,Arizona 86301 ("City") Westridge Preserve,LLC 5769 Columbine Road Prescott, AZ 86305 .: m ("Owner") C) O N City and Owner may be collectively termed"Parties"or individually"Party." -6 BACKGROUND. The following is the background to this Agreement: (a) Owner owns certain real property located in the City of Prescott,Yavapai County,Arizona, >, described on Exhibit"A" ("Property"). e- (b) The City and Owner acknowledge the occurrence of mutual consideration in entering into this Agreement. (c) Owner shall submit for approval,as,necessary, the following documents pertaining to the 3 Owner Property: Construction Plans and reports,which documents collectively constitute C, a Project Plan ("Project Plan") pursuant to the City of Prescott General Engineering E Standards(GES). E (d) City and Owner enter into this Agreement pursuant to A.R.S. § 9-500.05 to approve the a Project Plan and in order to facilitate development of surrounding Properties by providing a for, among other things: (i) conditions, terms, restrictions and requirements for the 2 TD construction and installation of public services/infrastructure improvements; (e) Among other things, development of the Property in accordance with this Agreement, the d GES and the Project Plan will result in the design, engineering, construction, acquisition, installation, and/or provision of public services/infrastructure improvements that will c support development. 2 I Packet Pg. 197 I I 11.F.c I AGREEMENT. For good and valuable consideration, including the benefits to City and Owner as described above, City and Owner agree as is more specifically set forth in this Agreement. d E 1. INFRASTRUCTURE. a 1.1 Off-Site Infrastructure Improvements. d E A. Owner's Construction and Contribution of Off-Site Public Improvements. Except as otherwise determined or provided herein, Owner shall have responsibility for constructing or contributing to the cost of construction of the off-site water infrastructure necessary to solely satisfy the needs of the Project Plan at any given phase.The Owner shall have no further responsibility for construction or contributing rn to the cost of any other off-site infrastructure. B. Water System Improvements. Off-site water improvements are required to meet water ti system looping and redundancy standards for Zone 48. The Owner shall design the off-site water improvements from the connection point to the existing distribution E; system in Kile Street to the connection point at The Preserve Subdivision and as shown N on Exhibit"B". 0 N 1. The Owner shall be responsible for the design, construction and providing project z° record drawings for the installation of the improvements, which includes a 12" diameter water main of Class 350 ductile iron pipe (DIP), two fire hydrants, and . appurtenances and also includes, but is not limited to, pavement removal and S restoration along the route shown in Exhibit`B". �, v 2. The Owner shall provide an engineer's estimate of probable cost (EEC), for the water main improvements. The amount of the estimate shall be agreed upon, by 2 both City and Owner. The City will reimburse the Owner for 100% of the actual W construction and inspection costs of the water main improvements. City reimbursement will be paid by the City within thirty(30)calendar days of receipt of an invoice from Owner following construction and testing by the Owner, and d acceptance of the water main by the City. 3. The water main infrastructure improvements described in Section 1.2 shall be a completed in its entirety and subject to a two-year warranty period, prior to d acceptance of the infrastructure for long-term maintenance by the City. a) 2 RESTRICTIONS.Provided that Owner has met the requirements set forth in Section 1 of this c Agreement, the City shall not (i) impose a moratorium, (ii) enforce any Laws or Regulations d that directly impose material limitations on the rate, timing or sequencing of development on Y the,or(iii)impose any Laws or Regulations which are for antigrowth purposes or,as applied to c the Property, significantly and materially frustrate the density of uses contemplated by the E Project Plan for such particular development (collectively "Limitations"). This prohibition 5 shall not apply to the extent that Limitations may be(a)required or mandated by County, state g 3 I Packet Pg. 198 I I 11.F.c I or federal laws; (b) required or imposed by judicial or regulatory action; or (c) necessary to alleviate or otherwise contain threats to public health or safety. Unless City imposes or c enforces Limitations as permitted in this section and subject to all Laws and Regulations, E Owner shall be allowed to apply for and receive approvals from City for development on Owner Property that is consistent with this Agreementand the Project Plan. ¢ 3 NOTICES. Unless otherwise specifically provided herein, all notices, demands or other c communications given hereunder shall be in writing and shall be deemed to have been duly delivered upon personal delivery, as of the second business day after mailing by United States g mail, postage prepaid, return receipt requested, or upon the next business day if delivered by Federal Express or similar overnight delivery system, addressed as follows: co' m IF TO THE CITY: Community Development.Director N City of Prescott 201 South Cortez Street CO Prescott,Arizona 86303 WITH A COPY TO: zd City Attorney City of Prescott 221 South Cortez Street Prescott,Arizona 86303 f/1 IF TO OWNER: Westridge Preserve,LLC 1153 Linwood Ave Prescott, AZ 86305 - The address to which any notice,demand or other writing may be given,made or sent to any party d may be changed by written notice as above provided. 4 DEFAULTS AND REMEDIES. In the event a default should occur under any of the a obligations of the City or Owner as provided in this Agreement,each Party shall be entitled to d exercise such rights or remedies as may be available pursuant to the terms of such document, a at law or in equity, including without limitation specific performance, except as such c document may specifically limit such remedies. Notwithstanding the foregoing, each Party d waives any claim such Party may have for incidental or consequential damages arising out of a failure of performance of the other Party under this Agreement. N 5 ASSIGNMENT. Owner may not assign its rights under this Agreement without the prior c consent of the City, which consent may not be unreasonably withheld. No voluntary or involuntary successor in interest to Owner may acquire any rights under this Agreement 5 except as expressly set forth in this Section. 4 • I Packet Pg. 199 I 11.F.c I 6 INSTITUTION OF LEGAL ACTIONS; GOVERNING LAW. Any legal actions c instituted pursuant to this Agreement must be filed in the county of Yavapai, State of Arizona. The laws of the State of Arizona will govern the interpretation and enforcement of this Agreement. a) a 7 ACCEPTANCE OF LEGAL PROCESS. If any legal action is commenced by Owner against the City, service of process on the City will be made by personal service upon the City c Clerk of the City of Prescott,or in such other manner as may be provided by law. If any legal action is commenced by the City against Owner, service of process will be made by personal o service or in such other manner as may be provided by law,whether made within or without the State of Arizona. y 8 RIGHTS AND REMEDIES ARE CUMULATIVE. Except as otherwise expressly stated Y in this Agreement, the rights and remedies of the parties are cumulative, and the exercise by ti any party of one or more of such rights or remedies will not preclude the exercise by it, at the N same time or different times, of any other rights or remedies for the same default or any other. up default by such defaulting party. N 9 CONFLICT OF INTERESTS. No member, official or employee of the City may have any N direct or indirect interest in this Agreement, nor participate in any decision relating to the z° Agreement that is prohibited by law. All parties hereto acknowledge that this Agreement is subject to cancellation pursuant to the provisions of A.R.S. §38-511. w c 10 WARRANTY AGAINST PAYMENT. Owner warrants that it has not paid or given, and - v will not payor give, anythirdperson anymoneyor other consideration.for obtainingthis Agreement, other than normal costs of conducting business and costs of professional services such as architects, consultants, engineers and attorneys and any licensed real estate broker retained by Owner. 11 NO LIABILITY OF OFFICIALS, PARTNERS AND EMPLOYEES. No member, '3 official or employee of the City will be personally liable to Owner, or any successor in d interest, in the event of any default or breach by the City or for any amount which may d become due to Owner or successor, or on any obligation under the terms of this Agreement. a 12 NO WAIVER. Except as•otherwise expressly provided in this Agreement, any failure or d delay by any party in asserting any of its rights or remedies as to any default,will not operate as Q. a waiver of any default,or of any such rights or remedies,or deprive any such party of its right 2 to institute and maintain any actions or proceedings which it may deem necessary to protect, d assert or enforce any such rights or remedies. Nothing herein shall constitute a waiver of the c City's police powers or amount to an unlawful delegation of governmental authority by the City. - r 13 SEVERABILITY. If any provision of this Agreement shall be found invalid or unenforceable by a court of competent jurisdiction, the remaining provisions of this �. Agreement will not be affected thereby and shall be valid and enforceable to the fullest extent c 5 I Packet Pg.200 I 11.F.c I permitted by law,provided that the fundamental purposes of this Agreement are not defeated by such severability. a, E 14 CAPTIONS. The captions contained in this Agreement are merely a reference and are not to 11) be used to construe or limit the text. °f 15 ENTIRE AGREEMENT AND AMENDMENTS.. This Agreement may be executed in E counterparts,each of which is deemed to be an original. This Agreement and the below-listed o exhibits that are incorporated herein by this reference, constitutes the entire understanding and agreement of the Parties. Exhibit A-Property Exhibit B-Project 16 NO AGENCY CREATED. Nothing contained in this Agreement creates any partnership, joint venture or agency relationship between the City and Owner. No term or provision of this it- Agreement is intended to be for the benefit of any person,firm,organization or corporation not a party hereto, and no other person, firm, organization or corporation may have any right or cause of action hereunder. N 17 GOVERNING STATUTES. References are made in this Agreement to specific sections of N the Arizona Revised Statutes.Any such references mean the statute in effect on the date of the z° execution of this Agreement and any subsequent renumbering or reordering of those provisions. co 18 MODIFICATION AND. WAIVER. No modification, waiver, amendment, discharge or change of this Agreement shall be valid unless the same is in writing and signed by the party v against which the enforcement of such modification,waiver, amendment, discharge or change r is or may be sought. E .c 19 OWNER'S AUTHORITY. Owner warrants and represents that it is a duly organized and z validly existing limited liability company formed under the laws of the State of Arizona and '3 authorized to transact business in 'the State of Arizona. The entry by Owner into the d transaction contemplated by this Agreement and .the.performance by Owner of all of its a obligations in connection-herewith have been duly and validly authorized by all necessary E action(s), are in accordance with applicable law and are not in violation of Owner' Operating . Agreement,'if any, Articles of Incorporation or Bylaws, as the case may be. This Agreement d and all additional documents delivered in connection with this Agreement have been duly and a validly executed. and delivered by Owner and constitute the legal, valid and binding o obligations of Owner. 20 INDEMNITY. Each of the Parties shall indemnify, protect, defend and hold harmless the d other from and against any and all claims,costs,damages and liabilities(including attorneys' Y fees and costs) arising from any breach by such Party of any of the representations and c warranties contained herein. d 6 Packet.Pg.201, I I 11.F.c I 21 ATTORNEYS' FEES. The Parties hereto expressly covenant and agree that in the event of litigation arising from this Agreement, neither Party shall be entitled to an award of attorney fees, either pursuant to the Agreement, pursuant to A.R.S. § 12-341.01(A) and(B), or pursuant to any other state or federal statute, court rule, case law or common law. 22 JOINT AND SEVERAL LIABILITY. If any Party consists of more than one person or E entity, the liability of each such person or entity signing this Agreement shall be joint and c several. a) 23 BINDING AGREEMENT. Subject to any limitation on assignment elsewhere set forth d herein, all terms of this Agreement shall be binding upon, inure to the benefit of, and be N enforceable by_the parties hereto and their respective legal representatives, successors and a) assigns. Y ti 24 COVENANTS RUNNING WITH THE LAND. The conditions and covenants set forth,in this Agreement and incorporated herein.by the exhibits shall run with the land and the benefits ., and burdens shall bind and inure to the benefit of the Parties. The Owner and every purchaser, assignee or transferee of an interest in the Property, or any portion thereof, shall be obligated a) and bound by the terms and conditions of this Agreement, and shall be the beneficiary thereof N and a Party thereto, but only with respect to the Property, or such portion thereof, sold, z° assigned or transferred to it. Any such purchaser, assignee or transferee shall observe and fully perform all of the duties and obligations of the Owner contained in this Agreement, as r such duties and obligations pertain to the portion of the Property sold,assigned or transferred c to it. v 25 WAIVER OF RIGHT TO TRIAL BY JURY. The Parties hereto expressly covenant and r agree that in the event of a.dispute arising from this Agreement, each of the Parties hereto waives any right to a trial by jury. In the event of litigation,the Parties hereby agree to submit w any such litigation to the Court (bench trial) and that the parties agree that this Agreement shall be deemed to have been created in Yavapai County, Arizona, and to be subject to the jurisdiction.of the Yavapai County Superior Court, and that any claims to alternative d jurisdiction based on diversity of citizenship,corporate location,etc. are waived by the Parties d pursuant to this Agreement. v) c IN WITNESS WHEREOF,the parties hereto have caused this Agreement to be executed this Q. day of , 20 . c d a> CITY OF PRESCOTT c d w GREG L. MENGARELLI, MAYOR DATE 7 Packet Pg.202 I H H Cll g r H z rri b n tt o r n o z o od e 2 '-< o lai 10 n (fl 00 i N In (4 Attachment: Kile St Development Agreement with Exhibits(City Contract No.2019-226) (2477 : Kile Street Development Agreement) I 11.F.c I STATE OF ARIZONA ) ) ss. COUNTY OF YAVAPAI ) m The foregoing instrument was acknowledge before me this day of Q , 20 , by GREG L. MENGARELLI, Mayor of The City of Prescott, an c Arizona municipal corporation, on behalf of,the municipal corporation, personally known to me or g proven to me on the basis of satisfactory evidence,to be the person whose name is subscribed to within c instrument, and acknowledged that he execute it. d [seal] d Notary Public m ' Y My commission expires - . N (O (NA N 0) N O Z • r c) as L W O V I .F+ C) a! .r+ t W t +-� c d d a) r c - aI • E O d d w U) d c m E v as 4- 9 Packet Pg.204 I 1 11.F.c I VA, IA\ 1-:-.- .4 7 0 AI *//, \ S'5 a �'./ n ,,/*41 i I ` '� ,� AIIIIIIA R. i/i ,,, , , c 'orPRESCOTT 2 lip a ** #4,,,f _4) ., &,„4„,,,„da,„„ N. nr N. Cll W'g 1 £GHTTRL ' N ..„-- i-._.: ::, it,tt•ic-- -PARKS 1 I.. ,:';')\. ., >_)\ _ry / ' .• ,,,,, CO vY t U '\ iiiik ,,,th:N. FRNADp 7 ,t'; N 4 ;-. .IZ,,— '''. > c , x I .,/ 4.) V1 :-__, t \' / / >I. 3 x c //� �� G. = � E ); ..--- -7-----, ,- - ..,- .. AL z. . 1 I. I {� E l } j THE PRESERVE SUBDIVISION - a C / • f R� � � � :- _- of TheCity of Prescott/ `� _Jti p ' ti y �� • Y This a product i _ ', / a1 _ — E .c A /"" -7---\\ / , 1. gwen rowftch,2019-043e 1e:22:46 This document is a graph.repro The CitY.IPmrne es Packet Pg. 205 11.F.c *Alli.-.1.6 1411" �_ \ ,.. LP*dratiiippilk �� crOYPRESCOTT • . 1 � sA��46, Ey'rrrhn(rrXc�rf�a�rt -4'41 , ,10. *''. in- BEGIN 12"WATER MAIN ��T�7 it* • *tv I ir VA z .i .1 j V 1/0 _ �� ,ram-'ter• • s ' e- '• ii, IWO ,..:...e.;„., 4..k 440 I I . ii ,'r. is r Oc. I I 1)4 .. �� ��111000. END 12w WATER MAIN �' w tit 'X\ . UJIrLu F 1k 4 W Y ,..• , 1110* / (FAI ar� w i 0-4 Of ierr, •e- Ak-,-.3111P • 004 E 41111P N .1 0 '-'11-1 ----ycairs4ili , 4h illk jpo ---_-\ ‘.... ..-, ...........,x , ,, > —.0-pp ,LINIMEW4V Roo< This map is a product of cii a); Mgr!0 . The City of Prescott >4&# THE PRESERVE SUBDIVISION i ,, , alp. `.....__'may,,, ; 141111111101011 7*WiteC -"'".... ......,, ,, \ t '' as 1 `\. •Y -. • ....„,-- . Iiimmoli,,, A' I T °. gwen.iawMMi,201944- 10:1013 mines em s•q..omc,•cro. umThe City of Prnscoh•. Packet Pg. 206 I 11.G I CI Tyor PRESCOTT Ep j H ft tir°a, COUNCIL AGENDA MEMO MEETING DATE/TYPE: VOTING MEETING 5-14-19 DEPARTMENT: Public Works AGENDA,ITEM: Award of City Contract No. 2019-225 to Fann Contracting, Inc. for the Yavapai Hills Drainage Improvements Project in an amount of $169,444.53. Funding is available in.the Streets Fund. FUNDING SOURCE: Streets Fund Approved By: Michael Lamar, City Manager Item Summary This item is to approve City Contract No. 2019-225 with Fann Contracting, .Inc., for the Yavapai Hills Drainage Improvement Project for work on Hornet Drive to install three lateral vane grates in the amount of $169,444.53. The location of.the project is shown on the attached vicinity map. Background In. July of 2018, several monsoon storm events occurred within the Yavapai Hills Subdivision area. During the storms the street drainage capacity was exceeded along Hornet Drive between Rough Diamond Drive and Sharp Shooter:Way. Storm water overtopping the edges of the road drained onto .adjacent properties, eroded landscaping, deposited sediment and drained into some property owner's garages. The storm on July 15th was an approximate.a 50-year event over a 6 hour period (2.96 inches per NOAA 14) and the storm on July 16th was an approximate 10-year event over a 3 hour period (1.92 inches per NOAA 14). Based on. discussions with dozens of property owners and the Yavapai Hills Homeowners Association, City staff designed a partial drainage mitigation plan for the area to install vane grates across Hornet.Drive at three locations. Additional mitigation measures will be needed in the future to address other undersized drainage infrastructure for the area. Procurement Arizona Department of Administration — State Procurement Office, as set forth under I Packet Pg.207 I I 11.G I AGENDA ITEM: Award of City Contract No. 2019-225 to Fann Contracting, Inc. for the Yavapai Hills Drainage Improvements Project in an amount of $169,444.53. Funding is available in the Streets Fund. A.R.S. 41-2501, has developed a Statewide Job Order Contracting (JOC) Program for construction (EZIQC). EZIQC® is a competitively bid Indefinite Quantity Construction (IQC) contract. EZIQC is available in 'Arizona via cooperative purchasing networks through State Master Contract ADSPOI 8-1880. This JOC Program was established for statewide horizontal work to serve publicly funded owners and agencies with a streamlined purchasing system administered through the State Procurement Office. The program not only serves state agencies, but it helps towns, cities, counties, schools, parks, and tribal agencies (Cooperative Members) with their maintenance and construction jobs of up to $1 M per project. The City of Prescott is a Cooperative Member. Fann Contracting, Inc. is a local contractor that was selected by the State for this program in our area. The City selected Fann Contracting from the State JOC Contract to provide a cost for the needed improvement project. The project costs prepared by Fann Contracting follow the State Master Contract guidelines and have been reviewed by Public Works. Project Schedule Per the contract, all work must be substantially complete within 30 calendar days of the notice to proceed. Pending contract award, the following milestones have been identified: Award of Contract May 14, 2019 Notice to Proceed (NTP) May 20, 2019 Completion June 18, 2019 Financial Impact • Funding for this contract is available from the Streets Fund in the FY19 budget. The City's standard construction contract will be used for this project. Attachments 1. Yavapai Hills Drainage Exhibit 2. Hornet Drainage Pricing Recommended Action: MOVE to approve City Contract No. 2019-225. 2 Packet Pg.208 I MECED L''I INSTRUMENTDILATED BY SEPARATE UNIT 9 - STORK N PIPE,CULVERT OR DRAINAGE CHANNEL PHASE 5 B ,, ........,.y --,.. j„.. /IT <is) , _PSI 1 S — — V.,:,-_ 1k# Aar i c :•:�:•�v. o ZI I A 1,1 ..••V -. llit r o r � lCI II i o . ISpRAI s RIF T } - 4 aiii,,,,,,,,....., ' B1 Ar a #6,0i. .AL. i lia maw LATERAL , VANED •.• 02 ' �• GRATE • )ilp4 ��' Z43 O�v c�rF� G • o • a CT i : ' ' 0. T4. . / . 4 VLATERAL ir HA VANED GRATE it . . ._ SON LATERAL041-40-- *Ai...4z 11111pro..4. . ,„,,,s,..\. .. 11 . VANED �p(�E,44** 1 9R GRATE .•.."" • dr . i . i 1\ 1 AI •T l7 :/ .....- YAVAPAI HILLS DRAINAGE EXHIBIT • 11.G.b Contractor Price Pro .QSaL Details - WBS Ark Date: 5/1/2019 Work Order#: 19-COPrescott-0005.00 Title: Hornet Drive Drainage Contractor: Arizona-Fann Contracting Inc. Contractor Number: ADSPO18-188020-ez Job Order Value: $169,444.53 Proposal Name: Hornet Drive Drainage d 'o Proposal Value: $169,444.53 a. .r c WBS CSI Number a> WBS-No WBS Input m > 1 01 22 16 00-0002 EA Reimbursable FeesReimbursable Fees will be paid to the $31,500.00 2 contractor for eligible costs. The base cost of the Reimbursable o- Fee is$1.00. Insert the appropriate quantity to adjust the base cost - to the actual Reimbursable Fee(e.g.quantity of 125=$125.00 cu Reimbursable Fee). If there are multiple Reimbursable Fees,list co co each one separately and add a comment in the"note"block to c identify the Reimbursable Fee(e.g.sidewalk closure,road cut, .c various permits,extended warranty,expedited shipping costs,etc.). p A copy of each receipt shall be submitted with the Price Proposal. cn Qty Unit Price Factor Total 2 Installation 31500 X $1.00 X 1 $31,500.00 .— vs O. Contractor Notes: 25%Contingency at Owners Request > co 2 01 22 16 00-0002 EA Reimbursable FeesReimbursable Fees will be paid to the $1,676.23 } contractor for eligible costs. The base cost of the Reimbursable •• Fee is$1.00. Insert the appropriate quantity to adjust the base cost a to the actual Reimbursable Fee(e.g.quantity of 125=$125.00 co Reimbursable Fee).If there are multiple Reimbursable Fees,list each one separately and add a comment in the"note"block to co identify the Reimbursable Fee(e.g.sidewalk closure,road cut, c various permits,extended warranty,expedited shipping costs,etc.). v A copy of each receipt shall be submitted with the Price Proposal. d Qty Unit Price Factor Total m Installation 1577.48 X $1.00 X 1.0626 $1,676.23 cc c Contractor Notes: 1%Bond El G 3 01 22 16 00-0004 EA TaxesThe Contractor shall pay all sales,consumer,use and other $10,020.25 d similar taxes required by Law for which an exemption does not c it exist. If the Contractor is required to pay sales tax on non-exempt = material,equipment,services or other items purchased in connection with a Purchase Order,the Member will reimburse the m Contractor for such tax,without mark-up,provided the Contractor submits the appropriate documentation therefor.The base cost of t the Taxes is$1.00.The quantity used will adjust the base cost to is the actual Taxes(e.g.quantity of 125=$125.00 Taxes).If there are Z multiple Taxes,each one shall be listed separately with a comment Q in the"note"block to identify the Taxes.A copy of each receipt shall be included with the Proposal. Qty Unit Price Factor Total Installation 9429.94 X $1.00 X 1.0626 $10,020.25 Contractor Notes: 5.915%Tax Contractor Price Proprosal Details-WBS 1 of 6 This report was not generated or reviewed by your Account Manager of The Gordian Group Packet Pg. 210 11.G.b I WBS-No WBS Input 4 01 22 20 00-0068 HR Flagperson For Traffic Control $4,629.42 Qty Unit Price Factor Total Installation 100 X $34.09 X 1.358 $4,629.42 Contractor Notes: Flagging during single lane operations-construction shift hours only. 20 days @ 5 hrs per day 5 01 22 23 00-0220 EA Mobilization of Steel Roadway PlatesMobilization for each site $2,581.16 location. Qty Unit Price Factor Total Installation 9 X $211.19 X 1.358 $2,581.16 ... Contractor Notes: 3 per location-3 locations O 6 01 22 23 00-0221 EA Place And Remove Steel Roadway Plates $6,223.44 d Qty Unit Price Factor Total m Installation 180 X $25.46 X 1.358 $6,223.44 w Contractor Notes: 3 per location,3 locations.Place and remove each day for trench O access.20 Days @ 9 plates a 7 01 22 23 00-0228 DAY 1"x 5'x 10'Steel Plate $13,763.93 £ d Qty Unit Price Factor Total c Installation 252 X $40.22 X 1.358 $13,763.93 c to Contractor Notes: 9 Plates will be in use for 28 days IS 8 01 22 23 00-1413 DAY 3,700 To 4,000 Gallon Water Truck With Full-Time Driver $5,158.28 co Qty Unit Price Factor Total = Installation 4 X $949.61 X 1.358 $5,158.28 to a ca Contractor Notes: Dust Abatement > co 9 01 55 26 00-0046 DAY Stop(Or Slow)Paddle With Handle $21.40 > Qty Unit Price Factor Total et Installation 8 X $1.97 X 1.358 $21.40 `1' N 10 01 55 26 00-0052 DAY Channelizer Drum $1,779.52 0) Qty Unit Price Factor Total v Installation 840 X $1.56 X 1.358 $1,779.52 'C Contractor Notes: 3 locations with tapers and lane closure-8 per location for 35 days m 11 01 55 26 00-0061 DAY Type II Barricade,Up To 3'Wide With Two Reflective Rails Each $644.51 c Side .— or Qty Unit Price Factor Total 0 r Installation 210 X $2.26 X 1.358 $644.51 ' c Contractor Notes: 3 Sidewalk closure locations,2 per location for 35 days = 12 01 55 26 00-0073 DAY Type A Or C Flasher $762.92 ;-; c Qty Unit Price Factor Total d Installation 1060 X $0.53 X 1.358 $762.92 t V 13 01 55 26 00-0118 DAY Construction Sign,30"x 24"Aluminum Sign With Portable Stand $872.65 m Qty Unit Price Factor Total Q Installation 210 X $3.06 X 1.358 $872.65 Contractor Notes: Sidewalk closed-6 each for 35 days 14 01 55 26 00-0136 DAY Construction Sign,48"x 48"Aluminum Sign With Portable Stand $6,233.22 Qty Unit Price Factor Total Installation 850 X $5.40 X 1.358 $6,233.22 Contractor Notes: 34 signs will be in use for majority of project-25 days Contractor Price Proprosal Details-WBS 2 of 6 This report was not generated or reviewed by your Account Manager of The Gordian Group I Packet Pg. 211 I I 11.G.b WBS-No WBS Input 15 01 55 26 00-0183 EA Place And Remove>250 Panels/Channelizers By Hand From $1.106.50 Roadside Qty Unit Price Factor Total Installation 840 X $0.97 X 1.358 $1,106.50 16 01 55 26 00-0186 EA Place And Remove Portable Sign And Stand From Roadside $669.49 Qty Unit Price Factor Total Installation 425 X $1.16 X 1.358 $669.49 17 01 56 26 00-0175 LF 48"High With Posts At 8'On Center,Plastic Mesh Temporary $879.98 Safety Fence y Qty Unit Price Factor Total o Installation 360 X $1.80 X 1.358 $879.98 EL Contractor Notes: 3 Locations @ 120 LF Each. Remove and Re-install 3 Times aa) E 18 01 71 13 00-0002 EA Equipment Delivery,Pickup,Mobilization And Demobilization Using $1,241.20 > A Rollback Flatbed Trucklncludes loading,tie-down of equipment, p delivery of equipment,off loading on site,rigging,dismantling, O. loading for return and transporting away.For equipment such as E trenchers,skid-steer loaders(bobcats),industrial warehouse — forklifts,sweepers,scissor platform lifts,telescoping and p) articulating boom manlifts with up to 40'boom lengths,etc. co Qty Unit Price Factor Total 'to Installation 7 X $130.57 X 1.358 $1,241.20 G co Contractor Notes: Truck mob for haul off of material-2 trucks. Truck mob for =_ material placement-4 trucks. Misc equipment Mob-for installing I pipe and hand compaction of soil •- a. 19 01 71 13 00-0003 EA Standard Equipment Delivery,Pickup,Mobilization And $7,061.75 to Demobilization Using A Tractor Trailer With Up To 53'Bedlncludes } loading,tie-down of equipment,delivery of equipment,off loading on site,rigging,dismantling,loading for return and transporting d; away.For equipment such as bulldozers,motor scrapers,hydraulic co excavators,gradalls,road graders,loader-backhoes,heavy duty N construction loaders,tractors,pavers,rollers,bridge finishers, straight mast construction forklifts,telescoping boom rough terrain c construction forklifts,telescoping and articulating boom manlifts •- with>40'boom lengths,etc. •� Qty Unit Price Factor Total d d Installation 9 X $577.79 X 1.358 $7,061.75 co co Contractor Notes: 2 Backhoe,trench roller,pipe delivery,tc delivery,water truck, c Subcontractor Mob-Concrete and Saw Cutting(2 each) 0 20 01 74 19 00-0036 CY Excavated Dirt Landfill Dump Fee $1,401.73 y Qty Unit Price Factor Total G Installation 130 X $7.94 X 1.358 $1,401.73 I Contractor Notes: 130 CY's from trench crossing and pipe installation locations-6 c locations ar E 21 01 74 19 00-0037 CY Asphalt,Concrete,Gravel And Subgrade Material, Landfill Dump $411.15 r Fee ctoo Qty Unit Price Factor Total Q Installation 18 X $16.82 X 1.358 $411.15 Contractor Notes: 6 CY's of AC and Concrete for each of the 3 locations 22 01 74 19 00-0039 CYM Hauling On Paved Roads,First 15 Miles $1,427.99 Qty Unit Price Factor Total Installation 2146 X $0.49 X 1.358 $1,427.99 Contractor Notes: 148 CY's @ 14.5 Miles for Haul off. Contractor Price Proprosal Details-WBS 3 of 6 This report was not generated or reviewed by your Account Manager of The Gordian Group I Packet Pg.212 I I 11.G.b I WBS-No WBS Input 23 02 41 13 13-0020 SY >3"To 6"By Machine,Break-up And Remove Bituminous Paving $663.79 Qty Unit Price Factor Total Installation 52 X $9.40 X 1.358 $663.79 Contractor Notes: 3 Locations,Each location is 31'x 5' 24 02 41 13 13-0026 SY >3"To 6"By Machine,Break-up And Remove Non Reinforced $422.47 Concrete Paving Qty Unit Price Factor Total Installation 30 X $10.37 X 1.358 $422.47 4, Contractor Notes: 3 Locations,each location is 10 SY's aa)i 25 02 41 19 13-0002 LF Saw Cut Bituminous Paving Up To 4"Depth $520.33 2 a Qty Unit Price Factor Total c Installation 372 X $1.03 X 1.358 $520.33 a) Contractor Notes: 124 LF at each of the 3 locations as 26 02 41 19 13-0002 0030 MOD For Each Additional Pass(Depth To 3"),Add $197.02 e 0. Qty Unit Price Factor Total E Installation 372 X $0.39 X 1.358 $197.02 d co 27 03 05 00 00-0007 CY 2%Non-Chloride Accelerating,Type C Concrete Admixture $271.49 c Qty Unit Price Factor Total Installation 14 X $14.28 X 1.358 $271.49 y Contractor Notes: High Early for top area of each trench drain 2 28 03 39 13 00-0002 SF Water Based Curing,Sealing,Hardening And Dustproofing $93.50 Q CompoundCoverage rates:rough finish=300 SF/GAL,broom cc finish=300 to 400 SF/GAL,steel troweled=500 to 600 SF/GAL, > and vertical surface=400-500 SF/GAL. } Qty Unit Price Factor Total V Installation 405 X $0.17 X 1.358 $93.50 ao et N Contractor Notes: SW,and curb. Trench drains are covered under NPP item Co 29 31 05 16 00-0024 CY Crusher Run Aggregate Fill(3/4"Minus) $4,144.13 c Qty Unit Price Factor Total •C Installation 65.5 X $46.59 X 1.358 $4,144.13 O. d Contractor Notes: For beneath 3 trench locations and around 3 pipe locations- co c 30 31 23 16 13-0018 CY Over 12"Wide,Excavation for Trenching by Machine in Loose $1,196.94 'to Rock 0 Qty Unit Price Factor Total y Installation 130 X $6.78 X 1.358 $1,196.94 c O Contractor Notes: Excavation for Trench and Pipe-3 Locations = 31 31 23 16 13-0018 0056 MOD For>50 To 250,Add $300.12 c a) Qty Unit Price Factor Total E Installation 130 X $1.70 X 1.358 $300.12 v tv 32 31 23 16 13-0038 CY Over 12"Wide,Backfilling or Placing Subbase for Trenches with $162.78 Q Imported or Stockpiled Materials by Machine Qty Unit Price Factor Total Installation 65.5 X $1.83 X 1.358 $162.78 Contractor Notes: Backfill for Trench and Pipe-3 Locations Contractor Price Proprosal Details-WBS 4 of 6 This report was not generated or reviewed by your Account Manager of The Gordian Group I Packet Pg. 213 I I 11.G.b I WBS CSI Number Mod UOM Description .16 kap Total WBS-No WBS Input 33 31 23 16 13-0038 0061 MOD For>50 To 250,Add $40.92 Qty Unit Price Factor Total Installation 65.5 X $0.46 X 1.358 $40.92 34 31 23 16 13-0056 CY Over 12"Wide,Compaction of Fill or Subbase for Trenches by $270.41 Vibratory Plate,Air Tamper,Etcetera Qty Unit Price Factor Total Installation 65.5 X $3.04 X 1.358 $270.40 Contractor Notes: Backfill for Trench and Pipe-3 Locations �, v 35 31 23 16 13-0056 0066 MOD For>50 To 250,Add $67.60 Qty Unit Price Factor Total 11.- Installation 65.5 X $0.76 X 1.358 $67.60 C a) 36 31 23 16 13-0059 CY Load Excess Material by Machine for Removal from Excavation for $559.63 E Trenching > Qty Unit Price Factor Total 2 Installation 130 X $3.17 X 1.358 $559.63 a Contractor Notes: Excavation for Trench and Pipe-3 Locations d 0) 37 31 23 16 13-0059 0071 MOD For>50 To 250,Add $139.47 as c Qty Unit Price Factor Total .( Installation 130 X $0.79 X 1.358 $139.47 0 h 38 31 24 13 00-0020 LF Finish Grade For Curb And Gutter $80.67 Qty Unit Price Factor Total •cl Installation 90 X $0.66 X 1.358 $80.67 a eo Contractor Notes: Per Owner Dimensions as } 39 32 00 00 00-0003 EA Modified Trench Drain $47,338.83 et NPP Qty Unit Price Factor Total co Tasks et Installation 3 X $14,850.00 X 1.0626 $47,338.83 Contractor Notes: Modified Trench Drains-Please refer to Drawing and Sub Quote 0) c 40 32 11 23 16-0004 SF 4"Crushed Aggregate Base Course For Sidewalks $296.38 c) 'L Qty Unit Price Factor Total a d Installation 225 X $0.97 X 1.358 $296.38 CD to Contractor Notes: Per Owner Dimensions 73 41 32 11 23 16-0004 0013 MOD For Up To 1,000,Add $79.44 6 Qty Unit Price Factor Total c Installation 225 X $0.26 X 1.358 $79.44 p 42 32 16 13 13-0006 LF 6"x 24"Cast In Place Concrete Gutter With 6"Curb And Face- $2,153.52 Straight c a) Qty Unit Price Factor Total E Installation 60 X $19.22 X 1.358 $1,566.05 cis as Demolition 60 X 7.21 X 1.358 $587.47 Q 43 32 16 13 13-0006 0081 MOD For>50 To 100,Add $234.66 Qty Unit Price Factor Total Installation 60 X $2.88 X 1.358 $234.66 Contractor Price Proprosal Details-WBS 5 of 6 This report was not generated or reviewed by your Account Manager of The Gordian Group I Packet Pg. 214 11.G.b I WBS CSI Number Mod UOM Description LineTotal WBS-No WBS Input 44 32 16 13 13-0007 I r 6"x 24"Cast In Place Concrete Gutter With 6"Curb And Face- $1,202.24 Radius Qty Unit Price Factor Total Installation 30 X $21.40 X 1.358 $871.84 Demolition 30 X 8.11 X 1.358 $330.40 45 32 16 13 13-0007 0080 MOD For>20 To 50,Add $327.55 Qty Unit Price Factor Total Installation 30 X $8.04 X 1.358 $327.55 4-. 0 46 32 16 23 00-0002 SF 4"Cast In Place Concrete Sidewalk $1,313.87 ca O Qty Unit Price Factor Total d Installation 225 X $4.30 X 1.358 $1,313.87 C a> 47 32 16 23 00-0002 0097 MOD For>100 To 500,Add $152.78 E Qty Unit Price Factor Total o Installation 225 X $0.50 X 1.358 $152.78 O. 48 33 42 11 00-0291 LF 24"Bell And Spigot,Smooth Interior,Double Wall,Corrugated High $4,671.52 E Density Polyethylene(HDPE)Pipe Co Qty Unit Price Factor Total co c Installation 100 X $34.40 X 1.358 $4,671.52 .Fs 49 33 42 11 00-0291 0042 MOD For<100,Add $283.82 G N Qty Unit Price Factor Total Installation 95 X $2.20 X 1.358 $283.82 •- O. 50 33 42 11 00-1674 EA 24"Diameter Pipe,Concrete Pipe Collar $2,191.93 co Qty Unit Price Factor Total co } Installation 3 X $538.03 X 1.358 $2,191.93 " a Subtotal for 01 -General Requirements: $169,444.53 co Grand Total: $169,444.53 a c This work order proposal total represents the correct total for the proposal.Any discrepancy between line totals,sub-totals and the proposal •C total is due to rounding of the line totals and sub-totals. d w The Percent of NPP on this Proposal: 27.94 ,as c I- G a, c 16 2 r c ar E s as Z Q Contractor Price Proprosal Details-WBS 6 of 6 This report was not generated or reviewed by your Account Manager of The Gordian Group Packet Pg.215 I