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HomeMy WebLinkAboutCC - Agendas - City Council - REGULAR - 7/23/2013CITYor, PRESCOTT [�'S%L:/ ylrt,�iLy,f � �U�ist c'l��cUtL PRESCOTT CITY COUNCIL REGULAR VOTING MEETING AGENDA Council Chambers 201 South Cortez Street TUESDAY, JULY 23, 2013 Prescott, Arizona 86303 IMMEDIATELY FOLLOWING THE HCFD#2 (928) 777-1100 MEETING WHICH BEGINS AT 3:00 P.M. The following Agenda will be considered by the Prescott City Council at its Regular Voting Meeting pursuant to the Prescott City Charter, Article II, Section 13. Notice of this meeting is given pursuant to Arizona Revised Statutes, Section 38-431.02. One or more members of the Council may be attending this meeting through the use of a technological device. CALL TO ORDER INTRODUCTIONS INVOCATION by Pastor Jane Cheek, First Congregational Church of Prescott PLEDGE OF ALLEGIANCE ROLL CALL MAYOR AND CITY COUNCIL Mayor Kuykendall Councilman Arnold Councilman Blair Councilman Carlow ♦ ANNOUNCEMENTS CONSENT AGENDA Councilman Kuknyo Councilman Kuknyo Councilman Lamerson Councilman Scamardo CONSENT ITEMS I.A. — I.E. LISTED BELOW MAY BE ENACTED BY ONE MOTION. ANY ITEM MAY BE REMOVED AND DISCUSSED IF A COUNCILMEMBER SO REQUESTS. A. Approval of the minutes of the Prescott City Council Caucus of June 18, 2013, Special Meeting of June 25, 2013, Regular Meeting of June 25, 2013, Special Voting Meeting of July 2, 2013, and Special Meeting of July 2, 2013. Prescott City Council Regular Voting Meeting — July 23, 2013 Page 2 B. Purchase of Swenson stainless steel replacement cinder spreader from Legacy Equipment Co., in the amount of $17,889.58. C. Approval of payment of OCLC, Inc., in the amount of $19,500.00 for annual shared bibliographic records subscription deposit account. D. Appointment of Mark Woodfill, Finance Director, and Mary Jacobsen, Human Resources Director, to the Yavapai Combined Trust Board, and Alison Zelms, Deputy City Manager, as the Alternate. E. Authorization of payment to Lucity Inc., for annual technical support and software maintenance for the infrastructure maintenance management system in the amount of $17,277.30. RECOMMENDED ACTION: MOVE to approve Consent Agenda Items I. A -I. E. II. REGULAR AGENDA A. Public Hearing and consideration of a liquor license application from Jamey Richard Mauk, applicant, for a Series 12, Restaurant, license, for Cuppers Coffee Bistro located at 258 Lee Boulevard, Building C-2. RECOMMENDED ACTION: (1) MOVE to close the Public Hearing; and (2) MOVE to approve/deny/make no recommendation for Liquor License Application No.12133551, a Series 12, Restaurant, license, for Cuppers Coffee Bistro located at 258 Lee Boulevard, Building C-2. B. Approval of Amendment 1, City Contract No. 2013-159 Al, with Otwell Associates Architects for the Fire Administration Building Renovation Project in an amount not to exceed $31,500.00. RECOMMENDED ACTION: MOVE to approve Amendment 1, City Contract No. 2013-159 Al. with Otwell Associates Architects for the Fire Administration Building Renovation Project in an amount not to exceed $31, 500.00. C. Adoption of Resolution No. 4189-1400 to accept a Department of Homeland Security, Transportation Security Administration, Law Enforcement Officer (LEO) Reimbursement Program Other Transitional Agreement (OTA) for law enforcement presence at the Prescott Airline Terminal (City Contract No. 2014-004). RECOMMENDED ACTION: MOVE to adopt Resolution 4189-1400. D. Approval of Change Order No. 4, City Contract No. 2011-015 A4, with Dibble Engineering for professional services associated with the Runway Prescott City Council Regular Voting Meeting — July 23, 2013 Page 3 21 L-3R Runway Safety Area Improvement Project in the amount of $70, 977.28. RECOMMENDED ACTION: MOVE to approve Change Order No. 4 (City Contract No. 2011-015 A4) with Dibble Engineering for the Runway 21 L-3R Runway Safety Area Improvement Project in the amount of $70, 977.28. E. Approval of Change Order No. 11, City Contract No. 2012-183 Al 1, with A. Miner Contracting, Inc., for construction of the Runway 21 L-3R Runway Safety Area Improvement Project in the amount of $26,272.52. RECOMMENDED ACTION: MOVE to approve Change Order No. 11, City Contract No. 2012-183 A11, with A. Miner Contracting, Inc., for the 21 L-3R Runway Safety Area Improvement Project in the amount of $26,272.52. F. Approval of purchase of a land survey base station and associated equipment from Allen Instruments and Supplies in the total amount of $40,757.08 using Arizona State Contract pricing RECOMMENDED ACTION: MOVE to approve the purchase of a land survey base station and associated equipment from Allen Instruments & Supplies in the total amount of $40, 757.08. G. Approval of a one-year extension of City Contract No. 2012-051 with Polydyne, Inc., for purchase of emulsion polymer and dry polymer for wastewater treatment in an amount not to exceed $180,000.00. RECOMMENDED ACTION: MOVE to approve a one-year extension of City Contract No. 2012-051 with Polydyne, Inc. for purchase of emulsion polymer and dry polymer for wastewater treatment in amount not to exceed $180,000.00. H. Adoption of Ordinance No. 4864-1402, AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE CITY OF PRESCOTT, YAVAPAI COUNTY, ARIZONA, AMENDING TITLE III, CHAPTER 3-10, SECTION 3-10-11 OF THE PRESCOTT CITY CODE REGARDING RESTRICTIONS DURING WATER SHORTAGES. RECOMMENDED ACTION: MOVE to adopt Ordinance No. 4864-1402. I. Approval of (1) Amendment No. 1 to City Contract No. 2013-060, Development of Impact Fees, Infrastructure Improvement Plan and Associated Documents, and Analysis and Development of Utility Rates authorizing assignment; and (2) the Assignment and Assumption Agreement between ARCADIS U.S., Inc., and Raftelis Financial Consultants, Inc. Prescott City Council Regular Voting Meeting — July 23, 2013 Page 4 RECOMMENDED ACTION: (1) MOVE to approve Contract Amendment No. 1 to City Contract No. 2013-060; (2) MOVE to approve the Assignment and Assumption Agreement between ARCADIS U.S. Inc., and Raftelis Financial Consultants, Inc. J. Approval of payment of FY 2014 dues to the Arizona League of Cities and Towns in the amount of $22,476.00. RECOMMENDED ACTION: MOVE to approve payment of FY 2014 dues to the Arizona League of Cities and Towns in the amount of $22,476. III. 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: (i) Discussion or consideration of personnel matters (A.R.S. §38-431.03(A)(1)); (ii) Discussion or consideration of records exempt by law (A.R.S. §38-431.03(A)(2)); (iii) Discussion or consultation for legal advice with the city's attorneys (A.R.S. §38- 431.03(A)(3)); (iv) 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)); (v) 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)); (vi) 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); (vii) 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)). 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 undersigned hereby certifies that a copy of the foregoing notice was duly posted at Prescott City Hall on �l 113 at M m. in accordance with the statement filed by the Prescott City Council with the City Clerk. Lynn Mulha MMC ity Clerk I.A. CONSENT AGENDA I.A. Approval of minutes: • Caucus of June 18, 2013 • Special Meeting of June 25, 2013 • Regular Meeting of June 25, 2013 • Special Voting Meeting of July 2, 2013 • Special Meeting of July 2, 2013 PRESCOTT CITY COUNCIL CAUCUS TUESDAY, JUNE 18, 2013 PRESCOTT, ARIZONA MINUTES OF THE CAUCUS OF THE PRESCOTT CITY COUNCIL HELD ON JUNE 18, 2013, in the COUNCIL CHAMBERS located at CITY HALL, 201 SOUTH CORTEZ STREET, Prescott, Arizona. • CALL TO ORDER Mayor Kuykendall called the meeting to order at 3:00 P.M. • ROLL CALL Present: Excused: Mayor Kuykendall Councilman Arnold Councilman Blair Councilman Carlow Councilman Kuknyo Councilman Lamerson Councilman Scamardo I. DISCUSSION ITEMS A. Council will receive an update and discuss each of the following: City Manager McConnell introduced the discussion items. 1. Downtown issues identified at Council Caucus of April 16, 2013 Councilman Kuknyo explained that Councilman Arnold is absent due to the fire and the fact that he is standing by in case he needs to evacuate his mother. Downtown Post Office Alison Zelms, Deputy City Manager, presented. She called attention to two draft letters. In researching the Post Office closures, she found there is no indication that the downtown post office is on a current closure list. She asked Council if she should send a letter now or wait until something happens. Council said they felt it would be better to leave well enough alone. No letter will be sent. Parking Garage a. Vehicle operation. Ms. Zelms said the remaining concern is the two posts located just inside the garage. She reported the garage entry was retrofitted to provide wider ingress/egress after the April Council Caucus. A site visit is being scheduled with Councilman Arnold and Prescott City Council Caucus — June 18, 2013 Page 2 Councilman Kuknyo to review operation. Field and Facilities is looking for a flush mount pole to ease vehicle operation. b. Research technology and equipment that will allow parking enforcement to identify first offenders, and associated cost. Ms. Zelms said the proposal is to do a simple move forward and use existing personnel and track. The Police Department is aware of this and will work with a simplified approach with a warning on the first offense. If more technology/software is determined to be useful, it will have to be submitted in the FY 15 budget. Councilman Kuknyo said this is a move to improve circulation and to help the visitors. Councilman Blair suggested that Alison contact the City of Tempe. They recently installed solar powered meters. Councilmen did not object to the suggestion made by Deputy City Manager Zelms to move forward with a verbal warning and hold off on new software. Daniel Mattson, Prescott resident, said he is opposed to parking meters and feels there are many others who would agree. Kendall Jaspers, Downtown Partnership, said he supports the idea for verbal warnings, but he doesn't think it will help circulation. Parking is not a revenue source. Having people leaving happy is always a good thing. He would like to see this go forward. We Ned need to look at parking for our visitors. c. Explore option to engage private sector to provide transportation from parking garage to key locations. Councilman Blair said he originally brought this up. He thought this might be an opportunity for someone in the private sector to charge a minimal fee, but still make money, and offer this service to our downtown visitors. Councilman Lamerson asked if there was any code that would prohibit something like this from happening. City Manager McConnell said there is not. d. Develop working group to provide recommendations to Council about improved signage downtown Ms. Zelms said Staff is moving forward with this and planning the first meeting to be scheduled for August 2013. e. Consider program to provide parking passes to downtown businesses during special events on an individual event basis. Kendall Jaspers said this is something worth addressing. There may be an opportunity for a partnership. Anything that encourages regular use of the parking garage is a good idea. Prescott City Council Caucus — June 18, 2013 Page 3 Tourism and Special Event Enhancements a. Encourage and send letter of support to Western Heritage Foundation for downtown banner and lighting ideas. A letter has been drafted and is waiting Council approval. Ms. Zelms described staff's suggestions for a banner program. b. Engage owners of the fire-damaged location on Whiskey Row in dialog for possible temporary passageway between parking garage and Whiskey Row. Mr. McConnell said he attended a meeting this morning on this item. He learned a permanent façade with a walk through is to be bid for construction in July. It doesn't look like we will have the scaffolding down by the 4th of July. Councilman Kuknyo said he likes this and feels it will be an enhancement to the parking garage. c. Request input from Tourism Advisory Committee (TAC) regarding events appropriate for downtown and/or other venues, funding and status designations and other changes to event management/approval. Ms. Zelms said this is ongoing. Tourism is working to outline the current approval process, develop recommendations for changes, and review with the Events Committee and TAC. The focus now is on the 2-14 events. Ms. Zelms pointed out that everyone wants their event downtown during the busy season and this creates issues. d. Investigate IGA with School District for use of Mile High Middle School football • field for events. Ms. Zelms reported Staff is reviewing existing IGA (between Parks and Recreation and PUSD) and identifying possible events/uses. Parks and Recreation does currently have an IGA with the school district but it does not include the fields. Staff will contact the school district and see if this is a possibility. We need to identify what would work in that location. Kendall Jaspers reported they (PDP) have an agreement with the school district to rent that field out for the vendors to park their cars and their trailers during the big events. We need to keep this in mind when having discussions with the school district. e. Investigate opportunities to increase Phoenix media coverage of events. Ms. Zelms reported we do promote our events. Many individual producers advertise for their own events. Mr. Prince said he talks to news media almost on a daily basis. It is more of an issue of resource allocation. We are working closer with channel 12 and channel 3. Prescott City Council Caucus — June 18, 2013 Page 4 f. Send letter of thanks to the Board of Supervisors for allowing the Courthouse lawn to be used for the Whiskey Off Road. Ms. Zelms said a draft letter has been written. She asked Council to look over the draft letter and provide comments. The finished letter will be sent to each Supervisor. g. Create database and related procedure to enhance communication with downtown business owners. Ms. Zelms said Staff is working closely with the Downtown Partnership to access this type of information. Update and information gathering should occur as part of the PDP annual walking audit. Councilman Kuknyo said communication is very important. This will make sure everyone knows what is going on in the City of Prescott. Kendall Jaspers commented. We can only do so much and then the responsibility is on the business to read the information and communicate back. Circulation/Safety Mr. Nietupski, Public Works Director presented. He said Staff are open to talk to the cab companies. a. Meet with cab companies to discuss possible solutions to current problems b. Eliminate taxi cab parking stall next to Sam Steiger crosswalk that is not used. c. Explore improved or alternative way for delivery trucks to park and make deliveries at all hours. Mr. Nietupski pointed out locations to place signs. If there are no objections from Council, Staff will implement. Council did not have any objections. Mr. Nietupski offered suggestions for Whiskey Row alley that be implemented very quickly. d. Alleyway loading zones and congestion. Mr. Nietupski suggests modifying the alley way to northbound one-way operation, marking a 11' through lane on the east side of the alley by installing a 6' wide stripe, one way arrows, one way signing, and two (2) Do Not Enter signs on Gurley Street. To the west of this stripe, three (3) 9' wide varying length loading zone (parking) areas will be designated with "LOADING ZONE" markings and white striping. In areas near the dumpsters and parking garage access aisles, no parking will be posted with signing and "NO PARKING' markings. This will result in a 11' clear northbound through lane and three loading zone areas all on the west side of the alley reducing congestion in the alley. Council supported this suggestion. e. Paint and enforce center lane on both sides of crosswalks as No Parking Prescott City Council Caucus — June 18, 2013 Page 5 The Police Department will enforce the 50' loading, parking, and standing restrictions for both locations. Signing will aid in the enforcement. f. Evaluate traffic signal at Granite and Goodwin to be activated only for major special events. Mr. Nietupski suggested utilizing traffic control during the events to keep the traffic flowing. Using an officer makes sense and would be efficient. OTHER a. Explore idea of City entry sign b. Investigate possibility of vehicle pull-off at City entry, to include tourism information and kiosk Ms. Zelms suggests talking to the Chamber of Commerce and asking them to take the lead on both of these items. Councilman Blair suggested having a repeating list of activities and events going on in the city playing on a local radio station. Councilman Kuknyo said a sign welcoming people to Prescott would be a good thing to have. Dave Mauer, Chamber of Commerce, said none of us can provide enough information, as there is always the need for more information. He would be happy to have conversations. He agreed that a welcoming sign to Prescott is needed. c. Review Parks and Recreation Master Plan B. Group Recovery Homes Jon Paladini presented. DHS regulations affect only those recovery homes licensed by DHS. There is a list of medical facilities that provide medical services. It will be up to DHS whether or not the services these recovery homes offer if they fall within the definitions. If the recovery home is regulated by the state, what other types of regulations will apply? Municipalities don't really have the ability to regulate personnel and staff, treatment plans, transportation, discharge, medical records keeping and food service. However, there are some areas where the City will have the ability to regulate: klhie ✓ Physical plant V Safety V Wnvironmental standards Prescott City Council Caucus — June 18, 2013 Page 6 There is a 50 page document that DHS has that lists the new regulations that will be effective on July 1, 2013. DHS will be the enforcing body of these regulations. The City 4.110 can adopt similar regulations by Ordinance to have in our City Code. Mayor Kuykendall said he supports adopting regulations and enforcing code to continue the quality of life in Prescott. He is not is favor of tagging along, but to take the lead. Councilman Kuknyo said he thinks the problem is the little businesses in our neighborhood. We need to support the people who are doing it right. We need to fix the problem. Mr. Paladini said when DHS adopts these regulations it regulates only the licensed facilities. If the City adopts regulations they would apply to licensed and unlicensed facilities. There are standard physical plant standards. There are emergency and safety standards. All similar uses would have to apply. Mr. Paladini said we could issue a business license to help us find solutions. There currently is no registration for businesses that don't pay a TTP. Councilman Kuknyo said this is a big problem and we need to address it. Do you really want a house next to you with 7 or 8 meth addicts? Councilman Blair said having a onetime Business License Fee would allow us to report these homes •to the state and would allow the Police Department and the Fire Department to be aware of the locations. There are locations in the City that do not Nerid have the sewage capacity to handle these group homes. Mr. Paladini concurred. Mr. Paladini reviewed the environmental standards. He said the City could impose regulations, related to health and safety. Using Newport Beach as an example, Mr. Paladini reviewed residential care facilities zoning that City has used to regulate group homes. Mayor. Kuykendall announced that due to prior commitments of four Councilmen, the meeting would need to adjourn. He asked Mr. Paladini to bring back a model based on Newport Beach. Mr. Paladini said he will work with Community Development. C. Tourism project on Access 15 Ms. Zelms presented and reported that Cable One has done the installation. They are experiencing some problems with the equipment and the project may not be completed until August. II. REPORTS A. Legislative Update Alison Zelms said she would give an update in a week. III. IDENTIFICATION OF ITEMS FOR FUTURE CAUCUS MEETINGS Prescott City Council Caucus —June 18, 2013 Page 7 A. Council Identified Items No items were identified. IV. ADJOURNMENT There being no further business to be discussed, the Prescott City Council Caucus of June 18, 2013, adjourned at 5:00 P.M. MARLIN D. KUYKENDALL, Mayor ATTEST: LYNN MULHALL, City Clerk 1/416, PRESCOTT CITY COUNCIL SPECIAL MEETING TUESDAY, JUNE 25, 2013 PRESCOTT, ARIZONA MINUTES OF THE SPECIAL MEETING OF THE PRESCOTT CITY COUNCIL HELD ON JUNE 25, 2013, in the COUNCIL CHAMBERS located at CITY HALL, 201 SOUTH CORTEZ STREET, Prescott, Arizona. • CALL TO ORDER Mayor Kuykendall called the meeting to order at 5:57 P.M. • ROLL CALL Present: Absent: Mayor Kuykendall None Councilman Arnold Councilman Blair Councilman Carlow Councilman Kuknyo Councilman Lamerson Councilman Scamardo I. REGULAR AGENDA A. Adoption of Resolution No. 4179-1341 —A RESOLUTION OF THE MAYOR AND COUNCIL OF THE CITY OF PRESCOTT, YAVAPAI COUNTY, ARIZONA, FINALLY DETERMINING AND ADOPTING ESTIMATES OF PROPOSED EXPENDITURES FOR THE FISCAL YEAR 2014, DECLARING THAT THE SAME SHALL CONSTITUTE THE BUDGET FOR THE CITY OF PRESCOTT FOR SAID FISCAL YEAR, ESTABLISHING THE EXPENDITURE LIMITATION, AND APPROVING AND UPDATING THE JOB ROSTER FOR THE CITY OF PRESCOTT, AND SETTING FORTH ITS DETERMINATION AS TO UNFUNDED CAPITAL AND OTHER UNFUNDED BUDGETARY REQUESTS. COUNCILMAN ARNOLD MOVED TO ADOPT RESOLUTION 4139-1341; SECONDED BY COUNCILMAN CARLOW; PASSED UNANIMOUSLY. II. ADJOURNMENT The meeting was adjourned at 6:00 P.M. Prescott City council Special Voting Meeting — June 25, 2013 Page 2 ATTEST: MARLIN D. KUYKENDALL, Mayor LYNN MULHALL, City Clerk CERTIFICATION I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the Special Meeting of the City Council of the City of Prescott, Arizona held on the 25th day of June, 2013. I further certify the meeting was duly called and held and that a quorum was present. Dated this day of , 2013. AFFIX CITY SEAL LYNN MULHALL, City Clerk • Nfid PRESCOTT CITY COUNCIL REGULAR VOTING MEETING TUESDAY, JUNE 25, 2013 PRESCOTT, ARIZONA MINUTES OF THE REGULAR VOTING MEETING OF THE PRESCOTT CITY COUNCIL HELD ON JUNE 25, 2013, in the COUNCIL CHAMBERS located at CITY HALL, 201 SOUTH CORTEZ STREET, Prescott, Arizona. • CALL TO ORDER Mayor Kuykendall called the meeting to order at 3:00 P.M. • INTRODUCTIONS • INVOCATION by Elder Neil, Missionary with the Prescott Church of Jesus Christ of Latter Day Saints • PLEDGE OF ALLEGIANCE by Councilman Carlow • ROLL CALL: Present: Absent: Mayor Kuykendall None Councilman Arnold Councilman Blair Councilman Carlow Councilman Kuknyo Councilman Lamerson Councilman Scamardo • • ANNOUNCEMENTS Craig McConnell, City Manager, introduced Pete Wertheim the new Communications and Public Affairs Manager. Councilman Blair thanked the fire fighters for their work on the Doce Fire and noted that the Mayor and Councilmen were all wearing Doce Fire t-shirts in their honor. Prescott City council Regular Voting Meeting — June 25, 2013 Page 2 I. CONSENT AGENDA CONSENT ITEMS I.A. — LB. LISTED BELOW MAY BE ENACTED BY ONE MOTION. ANY ITEM MAY BE REMOVED AND DISCUSSED IF A COUNCILMEMBER SO REQUESTS. A. Approval of the minutes of the Prescott City Council Workshop of June 4, 2013; and a Regular Meeting of June 11, 2013. B. Approval of a professional services agreement with JackRabbit Systems, in the amount of $10,700.00 for lodging search/availability technology on the Tourism website (City Contract No. 2013-205). COUNCILMAN ARNOLD MOVED TO APPROVE CONSENT AGENDA ITEMS I.A. — LB.; SECONDED BY COUNCILMAN LAMERSON; PASSED UNANIMOUSLY. II. REGULAR AGENDA A. Public Hearing and consideration of a Series 12, Restaurant, liquor license application from Geoffrey Shawn Crooks, new owner and applicant for Coyote Joe's, located at 214 South Montezuma Street. The Public Hearing opened at 3:05 P.M. Deputy City Clerk Webb introduced the item. The application was received and posted for the required twenty days and no protests were heard. The application was routed through Community Development and the Police Department and no concerns were raised. The applicant has paid the application fee and the license fee. The applicant was available for questions. Councilman Kuknyo noted that he visited the location and saw a change in the attitude of the new owners..Coyote Joe's is now more of a restaurant than a bar, with a different sound system. Jimmy Savoini, Coyote Joe's owner, said they are aware of the complaints regarding the loud music. He recognizes the responsibility of owning the bar. The large kitchen is back and the location will be a family friendly restaurant. Councilman Lamerson said he is happy to see another generation of Savoinis reinvesting in the community. Carole Stensrud, Prescott resident, said she is distressed about the opening of Coyote Joe's, but is glad that Mr. Savoini is a responsible owner. She managed a radio station for 10 years and said that sound is a complex thing and asked that the owners make sure they take care of the sound. She said that comments from the police department showed that there are no requirements for businesses regarding sound. Prescott City council Regular Voting Meeting — June 25, 2013 Page 3 tkime Andy Reinhardt, Deputy Chief of Police, said there is a City Code regarding unreasonable noise which is difficult to define. The decibel ordinances deal with construction and motor cycles. There being no further public comments, the Public Hearing closed at 3:18 P.M. COUNCILMAN KUKNYO MOVED TO CLOSE THE PUBLIC HEARING; SECONDED BY COUNCILMAN LAMERSON, PASSED UNANIMOUSLY. COUNCILMAN KUKNYO MOVED TO APPROVE THE LIQUOR LICENSE APPLICATION 12133554, FOR A SERIES 12, RESTAURANT, LICENSE, FOR COYOTE JOE'S LOCATED AT 214 SOUTH MONTEZUMA STREET; SECONDED BY COUNCILMAN CARLOW ; PASSED UNANIMOUSLY. B. Public Hearing and consideration of a liquor license application from Jason Barclay Morris, applicant, for a Series 09, Liquor Store, license, for CVS/pharmacy #10147 located at 901 Willow Lake Road. The Public Hearing opened at 3:19 P.M. Deputy City Clerk Webb introduced the item. The application was received and posted for the required twenty days and no protests were heard. The application was routed through Community Development and the Police Department and no concerns were Ilbor raised. The applicant has paid the application fee and the license fee. Benjamin Grath was available for questions. There being no public comments, the Public Hearing closed at 3:20 P.M. COUNCILMAN ARNOLD MOVED TO CLOSE THE PUBLIC HEARING; SECONDED BY COUNCILMAN KUKNYO; PASSED UNANIMOUSLY. COUNCILMAN ARNOLD MOVED TO APPROVE THE LIQUOR LICENSE APPLICATION 09130041, FOR A SERIES 09, LIQUOR STORE,. LICENSE, FOR CVS/PHARMACY LOCATED AT 901 WILLOW LAKE ROAD; SECONDED BY COUNCILMAN KUKNYO; PASSED UNANIMOUSLY. C. Purchase of custodial supplies from WAXIE Sanitary Supply using Maricopa County Contract No. 11023 through the Strategic Alliance for Volume Expenditures (SAVE) Cooperative, in an amount not to exceed $36,000 annually. Stephanie Miller, Field and Facilities Director, presented. She noted that the approval of the contract will authorize the purchase of custodial supplies through August 1, 2015. The City of Prescott is a member of the SAVE Cooperative, which is a purchasing cooperative consisting of many local governments in Arizona. L Prescott City council Regular Voting Meeting — June 25, 2013 Page 4 COUNCILMAN LAMERSON MOVED TO APPROVE THE PURCHASE OF ,46010 CUSTODIAL SUPPLIES FROM WAXIE SANITARY SUPPLY USING MARICOPA COUNTY CONTRACT NO. 11023 THROUGH THE STRATEGIC ALLIANCE FOR VOLUME EXPENDITURES (SAVE) COOPERATIVE, OF WHICH THE CITY OF PRESCOTT IS A MEMBER, IN AN AMOUNT NOT TO EXCEED $36,000 ANNUALLY, THROUGH THE END OF THE MARICOPA COUNTY CONTRACT WHICH EXPIRES AUGUST 15, 2015; SECONDED BY COUNCILMAN CARLOW; PASSED UNANIMOUSLY. D. Authorize payment to Prescott Creeks in the amount of $12,500 for management and restoration work in the Watson Woods Riparian Preserve. Joe Baynes, Parks and Recreation Director presented. He said the preserve is 126 acres on Highway 89, south of Watson Lake. Due to degradation at the turn of the century, the City of Prescott entered into a lease with Prescott Creeks in 1995 for management of that area. In 2008, Prescott Creeks secured a grant from the Arizona Water Protection Fund for $798,988.00. The work done with the grant included creek realignments, bank and flood plain planting, public education and site monitoring. As part of the grant, the City agreed to a financial contribution of $12,500.00 per year for six years, ending 2014. The money was budgeted in the 2013 Budget. Michael Byrd, representing Prescott Creeks, said restoration will help with surface quality issues. In addition to the almost $800,000 received from the Water Protection Fund, the Arizona Department of Environmental Quality also invested about $665,000.00 to the restoration effort. He noted that the project involved hundreds of community members contributing thousands of hour's worth of in-kind labor. He said the Water Protection Fund has another grant cycle going for FY14 that they hope to take advantage of. Councilman Scamardo asked if there will be anticipated annual expenses in the next three to five years. Mr. Baynes said there is nothing more than what is in the current operating budget. City Manager McConnell said the future will involve watershed management on a larger scale. He is looking forward to working with Prescott Creeks with that goal. COUNCILMAN ARNOLD MOVED TO AUTHORIZE PAYMENT TO PRESCOTT CREEKS FOR MANAGEMENT AND RESTORATION WORK IN THE WATSON WOODS RIPARIAN PRESERVE IN THE AMOUNT OF $12,500.00; SECONDED BY COUNCILMAN SCAMARDO; PASSED UNANIMOUSLY. E. Adoption of Resolution No. 4178-1340 setting certain rates and fees at Ernest A. Love Field for Fiscal Year 2014. Jeff Tripp, Airport Manager, presented. He gave a quick recap since Council reviewed the information at the June 11, 2013, meeting. The aircraft storage rates have not been Prescott City council Regular Voting Meeting — June 25, 2013 Page 5 increased in the last four years. Staff requests a 5 percent increase in the rates charged for the City operated hangars and covered and open tie-downs, which will generate approximately $30,000.00 additional revenue for the Airport Operating Budget. They would also like to increase storage rates located at the end of the hangars to bring the square footage rates up to those being charged for City hangars at $.27 per square foot. That will generate $19,000.00 for the operating budget. The Civil Air Patrol requested rent relief for the hangar they use. He also noted that rental contracts used by the City do not specify amounts of insurance customers must carry. Staff is working on updates to those documents with the Legal and Risk Departments. Councilman Kuknyo reported he went to the airport users meeting and felt that users were fine with the rates and they respect that the airport is becoming a more professional operation. A representative from the Civil Air Patrol described the organization and said they maintain an alert crew at all times for Arizona and other states. COUNCILMAN KUKNYO MOVED TO ADOPT RESOLUTION 4178-1340; SECONDED BY COUNCILMAN LAMERSON; PASSED UNANIMOUSLY. COUNCILMAN KUYNYO MOVED TO PROVIDE THE AIRCRAFT STORAGE HANGAR PRESENTLY OCCUPIED BY THE CIVIL AIR PATROL AT A NOMINAL iL RATE OF $1.00 PER YEAR FOR THE TWO YEAR PERIOD THROUGH JUNE 30, Atte 2015; SECONDED BY COUNCILMAN ARNOLD; PASSED UNANIMOUSLY. F. Adoption of Resolution No. 4180-1342 approving Joint Project Agreement (JPA) No. 13-120 with the Arizona Department of Transportation for Airport Surface Treatment Program on Taxiways C, E, F and B5. Jeff Tripp, Airport Manager, presented and said the preliminary cost is about $608,000.00. The state designed the product and will oversee the project. 90 percent of the project will be funded by the State Aviation Fund and the City has a 10 percent match. The product will provide a one inch overlay on Taxiway C, and a portion of E, F, and B5. Councilman Blair asked how long the product will last. Mr. Tripp replied that with proper maintenance, the pavement preservation will last 20 — 30 years. Councilman Arnold asked who is responsible for administrating, overseeing the bid process, and the construction aspect of the project. Mr. Tripp said the State of Arizona, through the Arizona Department of Transportation. Councilman Lamerson said this is an Intergovernmental Agreement and the state is investing in the airport. If the Federal Aviation Authority and the state did not make the investments we would have been in trouble in light of the Doce fire. Prescott City council Regular Voting Meeting — June 25, 2013 Page 6 COUNCILMAN BLAIR MOVED TO ADOPT RESOLUTION NO. 4180-1342; SECONDED BY COUNCILMAN LAMERSON; PASSED UNANIMOUSLY. G. Adoption of Resolution No. 4187-1349 approving an Intergovernmental Agreement for the Creation and Participation in the Yavapai County Child Abduction Response Team (City Contract No. 2013-215). Police Chief Monahan presented. Yavapai County law enforcement is always looking to adopt best practices. The child abduction response teams are one of those practices that pools resources to investigate possible child abduction cases. Other partners in the county are the Sheriff's Office, the Town of Prescott Valley, the Town of Chino Valley, the Town of Clarkdale, the City of Sedona, the Camp Verde Marshalls Offices, and the City of Cottonwood. Daniel Mattson, Prescott resident, said that cooperation amongst the communities is critical. COUNCILMAN KUKNYO MOVED TO ADOPT RESOLUTION NO. 4187-1349; SECONDED BY COUNCILMAN ARNOLD; PASSED UNANIMOUSLY. H. Adoption of Resolution No. 4176-1338 approving renewal of an Intergovernmental Agreement with Yavapai County Emergency Services for unified emergency management. Fire Chief Fraijo presented and said the agreement sets forth groundwork for emergency management procedures and policies for our community and the county relating to disasters. , Councilman Arnold said a regional approach is important. This is positive and there are areas that can be improved upon. COUNCILMAN ARNOLD MOVED TO ADOPT RESOLUTION NO. 4176-1338; SECONDED BY COUNCILMAN LAMERSON; PASSED UNANIMOUSLY. I. Adoption of Resolution Nos. 4184-1346, 4181-1343, 4182-1344; and 4183-1345, approving four intergovernmental agreements with the State of Arizona, through its Department of Transportation for four Safe Routes to School Infrastructure Projects near various Prescott public schools (City Contract No.'s 2013-210, 2013-211, 2013-212, and 2013-213). Ian Mattingly, City Traffic Engineer, presented. He said the projects will benefit public rights of way surrounding Lincoln Elementary School, Washington Traditional School, Mile High Middle School, Taylor Hicks Elementary School and Miller Valley Elementary School by allowing for new sidewalks, ADA compliant ramps, striping and signing. NINO Prescott City council Regular Voting Meeting — June 25, 2013 Page 7 Improvements for each school will be determined later. The City will assume maintenance. The grants are 100 percent federally funded, with no matching funds. The four grants total $1,124,553.00. Councilman Blair asked who determines the scope of what gets done in each area. Mr. Mattingly said when they applied for the grants, some years ago; there was a determination by Public Works, as to which improvements would be made. The City is not bound to the determinations. The City will work with the state, a consultant for Arizona Department of Transportation (ADOT) and stakeholders to determine which improvements will be made. Councilman Blair asked if the improvement determinations will come back to Council. Mr. Mattingly said that it was not required, but they could. Councilman Blair said if they changed the roads, he would like it to come back to Council. Councilman Arnold said he supports the item and asked about Subsection 2D and F in the agreements. He asked what assurances the City has that, if they start the work, the federal funds will be there. Mr. Mattingly said the money is allocated in the program. If we overrun the amounts for each project, there will be unit costs that will allow for scaling back quantities and reduce the scope to keep the amount within the project. Mr. Mattingly said the language in the contract is generic and the intent is that federal dollars will not be spent to improve anything for a private property owner. He received written response from ADOT as to their intent of the language used. Councilman Lamerson said he has concerns due to past relationships with grants. He noted that when the City accepts the responsibility of sidewalks we turn over the responsibility of management to adjacent property owners. He looks forward to the City having enough money to take care of the sidewalks so they are safe. Mayor Kuykendall asked if they had talked to the Safe Routes to School group. Mr. Mattingly said yes. Jim Knaup, Prescott Alternative Transportation President, said that he worked with Public Works to get the grant money to improve conditions around the schools. Tracy Kwit, Safe Routes to School Coordinator, sent the City a letter in support of the agreement and noted that it is a good opportunity to change things for the students and parents. COUNCILMAN BLAIR MOVED TO ADOPT RESOLUTION NO. 4184-1346, RESOLUTION NO. 4181- 1343, RESOLUTION NO. 4182-1344, RESOLUTION NO. 4183-1345 (CITY CONTRACT NOS. 2013-210, 2013-211, 2013-212, AND 2013-213); SECONDED BY COUNCILMAN CARLOW; PASSED UNANIMOUSLY. L Prescott City council Regular Voting Meeting — June 25, 2013 Page 8 J. Award of bid and contract for the White Spar Waterline Relocation Project to Watkins/Mendoza Companies, LLC, in the amount of $629,045.50 (City Contract No. 2013-216). Mark Nietupski, Public Works Director, presented. He noted that on the previous item, Council will get regular updates as they move into the program to develop the safe routes projects. Council will be involved in public presentations. Councilman Blair asked if the City would be involved in the bidding. Mr. Nietupski said that it will be completely administered by Arizona Department of Transportation (ADOT). Mr. Nietupski said the White Spar project is driven by the ADOT project to improve White Spar/State Route 89, south of Copper Basin Road. ADOT will be constructing curb and gutter and new sidewalks. It is determined that the City's waterlines, located in the ADOT right of way, need to be replaced for the project. The project will remove a 6"- 8" water main and replace it with a 12" water main. Mayor Kuykendall asked if the City would be working on this if ADOT had not done the project. Mr. Nietupski said it would have been on the work schedule, but was made a priority due to the ADOT project. COUNCILMAN SCAMARDO MOVED TO AWARD THE BID AND CONTRACT FOR THE WHITE SPAR WATERLINE RELOCATION PROJECT TO WATKINS/MENDOZA COMPANIES, LLC, IN THE AMOUNT OF $629,045.50 (CITY CONTRACT NO. 2013- 216); SECONDED BY COUNCILMAN LAMERSON; PASSED UNANIMOUSLY. K. Award of bid and contract for the FY 2014 Chip Seal Project - Various City Streets to VSS International, Inc., in the amount of$1,240,000.00 (City No. 2013- 21,7). Mark Nietupski, Public Works Director, presented. This is an annual project to preserve and maintain City streets. The chip seal project will affect 31 lane miles. The unit cost is identical to the unit bid price that the City received last year, which will be paid from the One Cent Sales Tax for Streets and Open Space Fund. The project will run July through September 2013. Councilman Lamerson asked how far the longevity of the roads is extended by using the chip seal. Mr. Nietupski said up to 10 years and it is a good value. Councilman Arnold asked if there was enough time to complete the project with the monsoon season approaching. Mr. Nietupski said it could be pushed back, but the City has successfully completed this project in past years during the same time frame. Councilman Kuknyo noted that the streets are in good shape because the City spends money on.them. Prescott City council Regular Voting Meeting — June 25, 2013 Page 9 Bill Barry, Prescott resident, said the City spent money chip sealing the Ranch. He said there are large cracks and fishers that should be filled with tar and it should not be let go much longer. Mr. Nietupski said the Streets Department does an annual application for maintenance and will make note of the input. Mayor Kuykendall asked where people can call for street issues. Mr. Nietupski said they can report issues of road obstructions and potholes to 777-1666. COUNCILMAN LAMERSON MOVED TO AWARD THE BID AND CONTRACT FOR THE FY 2014 CHIP SEAL PROJECT - VARIOUS CITY STREETS TO VSS INTERNATIONAL, INC., IN THE AMOUNT OF $1,240,000.00 (CITY CONTRACT NO. 2013-217); SECONDED BY COUNCILMAN ARNOLD; PASSED UNANIMOUSLY. L. Adoption of Ordinance No. 4859-1316, AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE CITY OF PRESCOTT, YAVAPAI COUNTY, ARIZONA, GRANTING A UTILITY EASEMENT TO ARIZONA PUBLIC SERVICE COMPANY WITHIN CITY OWNED PROPERTY. Mark Nietupski, Public Works Director, presented. He said it is necessary for Arizona Public Service (APS) to extend lines to the pump station located south of Gurley near Josephine. The easement is granted at no cost to APS. COUNCILMAN KUKNYO MOVED TO ADOPT ORDINANCE NO. 4859-1316; SECONDED BY COUNCILMAN BLAIR; PASSED UNANIMOUSLY. M. Approve Annual Contract for Legal Advertisement (City No. 2013-218). Kim Webb, Deputy City Clerk, presented, noting that one bid was received from the Daily Courier at the same rate as the last several years. The costs for legal advertisements total approximately $12,000.00, year to date. • Councilman Kuknyo asked if there is any way the City could go to electronic announcements. Jon Paladini, City Attorney, said that state law requires that legal notices be run in the newspaper of record, which is the newspaper published in the city. COUNCILMAN SCAMARDO MOVED TO AWARD THE BID FOR LEGAL ADVERTISEMENT OF PUBLIC NOTICES FOR FISCAL YEAR 2014 TO PRESCOTT NEWSPAPERS (DAILY COURIER) AT THE RATE OF $11.16/COLUMN INCH FOR STRAIGHT COPY AND $9.30/COLUMN INCH FOR CAMERA-READY COPY (CITY CONTRACT NO. 2013-218); SECONDED BY COUNCILMAN BLAIR; PASSED UNANIMOUSLY. N. Approval of annual Support and Licensing Agreement with Tyler Technologies in the amount of$101,295.00 for the MUNIS financial system (City No. 2013-214). Prescott City council Regular Voting Meeting — June 25, 2013 Page 10 Mark Woodfill, Finance Director, presented. This is the annual support contract for the system that manages payroll, utility billing, sales tax, etc. COUNCILMAN BLAIR MOVED TO APPROVE THE ANNUAL SUPPORT AND LICENSING AGREEMENT WITH TYLER TECHNOLOGIES IN THE AMOUNT OF $101,295.00 AND AUTHORIZE CITY STAFF TO EXECUTE ALL NECESSARY RELATED DOCUMENTS (CITY CONTRACT NO. 2013-214); SECONDED BY COUNCILMAN CARLOW; PASSED UNANIMOUSLY. O. Public Hearing FY 2014 Budget, Expenditure Limitation and Tax Levy, Truth in Taxation Notice and Resolution No. 4179-1341 Adopting Final FY 2014 Budget, Expenditure Limitation, City Job Roster, and Identification of Unfunded Capital Projects. The Public Hearing opened at 4:30 P.M. Mark Woodfill, Finance Director, presented. He summarized the facts with a PowerPoint presentation which covered the Final FY14 City Budget with prior year comparisons. Deputy City Manager, Zelms discussed the Antelope Hills Golf Course, calling attention to their goals to improve financial performance, preserve the investment and continue to provide a quality municipal golf experience. Ned She proposed a few organizational and operational changes to take place in the next twelve months, which include: • Transition the Golf Course from a separate department to a division of the Parks and Recreation Department. • Pursue a hybrid, public-private partnership operational model. • Continue separate accounting of the golf, restaurant, and meeting facilities and operation. Ms. Zelms said the goal is to put out to bid, for any private operator, a final request for proposals and construct a contract that will have financial incentive for progress at the golf course and cover the cost of the City for retaining the maintenance of the asset. She said there will be no modifications to the budget. Mr. McConnell, City Manager discussed employee pay and benefits for FY14 which included: • Pay compression and its need to be addressed. • If the budget is approved, there will be pay adjustments in FY14. Prescott City council Regular Voting Meeting —June 25, 2013 Page 11 • House Bill 2111 will reduce the General Fund and Streets Fund revenue beginning January 1, 2015, in the range of $350,000.00 - $500,000.00 less revenue in each of the two funds in the first year. • Recommendation on pay adjustments to be brought to Council by August 2013 to analyze anticipated effects of HG 2111. Councilman Blair asked how much money the City will lose when the .25 of one percent goes away from the Streets and Open Space Fund. Mr. Woodfill said the City received $13 million for the 1 percent. Councilman Blair said that the City should ask for an extension of the tax to get the entire amount back. He advised that maintenance for Open Space be included. Mr. McConnell said we will be looking at a reduction in the Streets Fund if the money goes away. He said it is the duty of staff and the community to create a package that will be included in the .25 percent tax. He noted that in the current year budget, the retirement systems increase is $500,000.00. Councilman Lamerson said the budget adjustments are made for the City and are not done by Council or staff. The ability to deliver the services the citizens have become accustomed to are significantly impacted. Mr. McConnell said municipal funding in the state is tenuous. There are two major sources of money to the general fund — sales tax and intergovernmental revenues that come back from the state. The cities seem to be taking the brunt of the fallout from the legislative session, which stretches the budget. The reality is that the services the City provides our residents and tourists are being subsidized by our visitors. This emphasizes the importance of the link to tourism development. Mayor Kuykendall said the playing field is not level. Our sales tax is 2 percent now. Our neighbors have a sales tax of 2.33 percent and 4 percent. He said we get beat up on the tax base, but we are the lowest in the area. If we have another.33 percent it would be near $4 million a year. Mr. Woodfill continued with a discussion concerning property tax. • There are significant state limitations on the amount of property tax the city is allowed to assess. • There are two types of property tax: • Primary for general governmental operations • Secondary pays of debt service • Property owners surrounding Prescott do not pay any City property tax but kkine are subject to Central Yavapai Fire District (CYFD) tax. Prescott City council Regular Voting Meeting — June 25, 2013 Page 12 • Primary Property Tax Capacity and Use o The proposed $442,609.00 increase in primary property tax is comprised of $160.002 from a reduction in the FY 13 levy and $262,587 from new construction and the allowed 2 percent annual growth on the levy. o If Council goes forward with property tax that is proposed in the FY 2014 Budget, it will represent about $1.5 million, or 5 percent of the General Fund. • Property Tax Rates City of Prescott compared to CYFD. • Truth in Taxation Hearing Notice —the City of Prescott is proposing an increase in primary property taxes. • Budget and Property Tax Procedural Steps. Jean Wilcox, Prescott resident, said the policy of putting employees as last priority is the wrong way to go. The City of Prescott is a service organization and employees are a critical part of the functions of city government. She asked that it be reconsidered and that they should build in raises from the outset. She is opposed to the funding of roads vs. Open Space. Another problem is the opportunity to purchase the Granite Dells Resort. She noted that the public did not know if there is still the opportunity because the discussions are in executive sessions. Rick Hartman, Prescott resident, asked that the City not ask the property owners for a 37 percent increase in primary property tax. He suggested raising sales tax instead. Bill Barry, Prescott resident, said the majority of people living here are on fixed incomes. The 37 percent increase on primary property tax will damage the regaining of the .25 percent tax. He noted that it is important to continue the .25 percent tax and said it is also important that Council take into consideration the feelings of the retirement community in this area. He said that the primary property tax is just one of the costs that are going up. Mayor Kuykendall said 37 percent seems like a lot, but the base is so low. He said it was an $8.00 per year increase. Mr. Barry said that he was looking at the base of what property owners are paying. He asked what happens when property values increase. Mayor Kuykendall said Prescott has a low property tax because we used to control retail sales in the area. He said there is now competition and a legal limit of how much property tax can be increased. If we want the quality of life we enjoy, it has to be paid for. NMI Prescott City council Regular Voting Meeting — June 25, 2013 Page 13 Mr. Barry said that perception is important. Council will want the .25 percent to continue on and people who vote for that are property owners. Councilman Scamardo asked Mr. Woodfill to explain how much county people would pay just to the fire district. Mr. Woodfill said that it would be $400.00 per year. City Manager McConnell said the county, Yavapai College, and the school district levy the tax bill. He said the property tax increase is from $21.78 to $29.84 per year on a $100,000.00 house. Councilman Lamerson said it is difficult to let people know that in order to have everything the way it should be, the sales tax should perhaps be 12 percent. He said that when the General Fund gets overtaxed by governmental agencies that are out of our control, we are accountable for what the citizens expect. Daniel Mattson, Prescott resident, said that the City is after a more stable base; the property values rise and fall more slowly than sales taxes. With the drop in secondary taxes, there would be a significant decrease in taxes. The budget this year calls for increases in pay for employees if the state does not take the money. He said to pass the budget as it is. Paul Scrivens, Prescott resident, said a 37 percent increase is obscene. He said the secondary tax will go up again when the City purchases the Dells. Councilman Blair asked what the City needs to supply and noted that tradeoffs have to be made. He said that he is taken aback when it is suggested that the City has short changed its citizens when it comes to open space. He said there has to be a willing seller, with a legitimate price, before the City squanders the taxpayer's money. Jim Lawrence, Prescott resident, agreed that it was important not to have over reliance on sales tax, but a proper increase in property tax is needed to have a balance. The .75 percent sales tax was to provide a basis for Prescott being able to take care of itself for streets. New roads were being built for new housing divisions, but the streets maintenance was not good in 1995. In 2000 the tax was expanded to cover both open space and streets. When the City looked at the 2015 expiration of the sales tax, a base level of .75 percent was chosen to support City services, which left .25 percent of the tax to be used for something else. He said that money could be used for other things like public safety and transportation. Councilman Kuknyo said there are two separate issues for open space. He said the Parks and Recreation Department and Joe Baynes, obtain open space at no cost to the City, by working with people who love Prescott and want to share it. He said that the City is pursuing open space and Granite Dells is a different issue. Steve Silvernale, Prescott resident, asked how the City arrived at 37 percent. Prescott City council Regular Voting Meeting — June 25, 2013 Page 14 Mr. Woodfill said the increase that adds to the 37 percent is the reduction in property 'tad taxes last year of $160,000.00; the levy was reduced by approximately 17 percent last year. Councilman Scamardo said the increase represents $410,000.00 per year for property tax. There being no further public comments, the Public Hearing closed at 5:48 P.M. MAYOR KUYKENDALL MOVED TO CLOSE THE PUBLIC HEARING; SECONDED BY COUNCILMAN ARNOLD; PASSED UNANIMOUSLY. Deputy City Clerk Webb called for a roll call vote, as required by State Statutes. MAYOR KUYKENDALL MOVED TO RAISE PRIMARY PROPERTY TAX OVER LAST YEAR'S LEVEL BY $410,148 AS SET FORTH IN THE TRUTH IN TAXATION NOTICE; SECONDED BY COUNCILMAN SCAMARDO; Councilman Kuknyo talked about the service levels the City would like to maintain. He noted that the City does not sell anything and only provides services, while people out of their control were taking from our budget. • Councilman_ Lamerson asked if an increase in a pension should be considered a raise Nod of some kind. Councilman Kuknyo noted that it is estimated that the Prescott Valley Wal-Mart will take 40 percent of the sales away from the Prescott Wal-Mart, which currently supplies the City with 43 percent of our sales tax revenue. He said our sales tax is half of what Prescott Valley's is and we have the lowest property tax. The City of Prescott is going to live within its means and if there has to be small tax increases, there will be. Councilman Blair noted that the City could take the $1.8 million of library budget and turn it over to Yavapai County and let them raise the property rate on the Library District. He said the small amount they are requesting to raise is a lot less than doing something different with the Fire Department or the Library. Councilman Arnold said that at the end of the day his vote would be what he believes in and Council should look at the long term future. He looks forward to items coming back to Council in FY 14. AYES: MAYOR KUYKENDALL, COUNCILMAN LAMERSON, COUNCILMAN BLAIR, COUNCILMAN CARLOW, COUNCILMAN KUKNYO, COUNCILMAN SCAMARDO NAYS: COUNCILMAN ARNOLD Nod Prescott City council Regular Voting Meeting — June 25, 2013 Page 15 VOTE: PASSED 6-1 P. Legislation. Alison Zelms, Deputy City Manager suggested moving the item to a later date when the new laws report is available. III. ADJOURNMENT There being no further business to be discussed, the Regular Voting Meeting of June 25, 2013, adjourned at 5:57 P.M. ATTEST: MARLIN D. KUYKENDALL, Mayor LYNN MULHALL, City Clerk CERTIFICATION I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the Regular Voting Meeting of the City Council of the City of Prescott, Arizona held on the 25th day of June, 2013. I further certify the meeting was duly called and held and that a quorum was present. Dated this day of , 2013. AFFIX • CITY SEAL LYNN MULHALL, City Clerk PRESCOTT CITY COUNCIL SPECIAL MEETING TUESDAY, JULY 2, 2013 PRESCOTT, ARIZONA MINUTES OF THE SPECIAL MEETING OF THE PRESCOTT CITY COUNCIL HELD ON JULY 2, 2013, in the COUNCIL CHAMBERS located at CITY HALL, 201 SOUTH CORTEZ STREET, Prescott, Arizona. • CALL TO ORDER Mayor Kuykendall called the meeting to order at 3:00 P.M. • INTRODUCTIONS Councilman Kuknyo introduced visitors from Sister City, Zeitz, Germany, in Prescott for the 4th of July and the Rodeo events. Councilman Lamerson introduced Councilman Blair's daughter. • INVOCATION by Reverend Kimball-Arnold. The Reverend introduced her guest Deidre Moulinier, from Sedona. • PLEDGE OF ALLEGIANCE by Councilman Kuknyo • ROLL CALL Present: Mayor Kuykendall Councilman Arnold Councilman Blair Councilman Carlow Councilman Kuknyo Councilman Lamerson Councilman Scamardo • ANNOUNCEMENTS Mayor Kuykendall reported the Yarnell Hill fire is still going on. The community is coming together from many directions. There are several different fund raisers and other events happening downtown and at the High School. Within the next few days the City will become involved in a Memorial Service for the fallen Granite Mountain Hot Shots. More information will be released in the upcoming days. Prescott City Council Workshop — July 2, 2013 Page 2 I. PRESENTATIONS A. Prescott Chamber of Commerce - Introduction of New Businesses Erin Cornwell, Membership Director, announced the new Chamber members for June: Bill's Grill, Yavapai Accountable Care, Thrivent Financial, Prestamos CDFI, LLC, A-1 Shredding, Boston's Fashion Shoes, Cosmetic Dermatology Association of Prescott — Dr. Eugene Conte, The Prescott Peddler, Paychex Inc., Arizona Pioneer's Home, TownE App, and Backway's Physical Therapy. II. REGULAR AGENDA A. Public hearing and action re: Master Plan Amendment (MP13-001), Rezoning (RZ13-001), General Plan Minor Map Amendment (GP13-001), Airport Specific Area Plan Amendment (LUP13-001), Amendment One to Pre-Annexation Development Agreement (City Contract No. 2008-164 Al), and Water Service Agreement First Amendment (City Contract No. 2008-165 Al) for Granite Dells Estates (Owner: Michael Fann; Agent: Jason Gisi) At 3:12 P.M. Councilman Arnold recused himself and stepped away from the dais due to a previously stated conflict of interest. Ruth Traxler, Community Planner presented. She noted that Granite Dells Estates is a 1,100 acre Master Planned development south of Highway 89A at the interchange of Granite Dells Parkway. It was annexed in 2007 under Proposition 400. She said there is a mix of industrial, commercial, multi-family, workforce and single-family uses in the Master Plan. Only five acres have been developed since 2007, for a use related to the Yavapai School District. The current request is an amendment to the Master Plan to allow for an increase in residential units from 710 to' 1310. This request affects the Airport Specific Area Plan, General Plan, and Rezoning to change the underlying allowable uses in that area. Two other changes are also required which triggers a greater water demand. Those changes are an amendment to the Development Agreement and the Water Service Agreement. Mrs. Traxler reviewed the proposed changes to the various plans and agreements and said the Planning and Zoning Commission unanimously approved the land use changes. City Manager, Craig McConnell, addressed the changes to the Development Agreement and the Water Service Agreement. He said the Council Water Issues Committee met to discuss this, noting that 248.5 acre foot of water was previously allocated to this property in a pre-annexation development agreement. The additional water demand created at build-out is 210 additional acre feet. The rezoning does not necessitate that water be allocated. The rezoning is the adoption of a land use and does not entitle the land to receiving water. He said there are alternatives the Council can consider. Prescott City Council Workshop — July 2, 2013 Page 3 The Council can determine that the previously allocated water be used for developmentNod until exhausted. The property owned could then have another discussion with the City about allocating more water. That will require performance by the property owner to move ahead to final plat and construction of residential units on rezoned property. The other alternative is to lock in the 248.5 acre feet and enable the property owner to earn additional water as development proceeds. Mr. McConnell said there are approximately 437.78 acre feet remaining from volume from the 1999 and 2005 Decision and Orders, less total committed/contracted water. Remaining volume from the 2009 Decision and Order less total committed/contracted water is 737.98 acre feet. Councilman Lamerson questioned if the rezoning needed a super majority vote, as the annexation did. He reported that at the Water Issues Committee, he questioned if certain actions could trigger the Big Chino Pipeline Project. City Attorney Paladini replied. Prop 400, which requires the 3/ approval is only for the annexation. Rezoning does not require any more than a simple majority vote (4). Another question is if the rezoning requires a cost benefit analysis. The answer is no. Council can choose to do that either formally or informally. Councilman Lamerson said there is also the option of doing nothing. There is nothing preventing the property owner from coming back at a future date asking for his property to be rezoned. Councilman Scamardo said he went to the Planning and Zoning meetings when this was discussed and he has no objections. He does have a reservation of allocating water at the time of rezoning. He would prefer to see the owner build the original number and then return to Council for the additional acre feet. He does not want to land bank 248 acre feet of water. Councilman Kuknyo pointed out the property is all vacant right now. Mr. McConnell said there are 710 residential units presently permitted. The rezoning would add another 600 residential units. These units would be on approximately 6,000 square foot lots. Councilman Blair said this reminds him of the development of Prescott Lakes. He is concerned with future rezoning. People buy a home, thinking they know what is going to be developed next door. He concurs with Councilman Scamardo. The water should be tied to performance. Councilman Lamerson asked Jeff Tripp, Airport Manager, how this will impact future growth of the airport. Mr. Tripp replied that the airport Master Plan is updated approximately every 10 years and the City reviews residential impact. He said looking at standards; the proposed development is well within the decibel allowed. Prescott City Council Workshop — July 2, 2013 Page 4 Councilman Lamerson asked what the industrial development will include and the impact on water. Mr. McConnell said in the Water Service Agreement there is a distinction within the 248.5 acre feet of water allocated and 56 of those acre feet are for workforce housing. The remaining 192.5 acre feet are for market housing, which is almost 600 units. The proposal is a request not a negotiation. The Council can set criteria, Mr. McConnell said. Councilman Carlow asked what the risk is to the City. Mr. McConnell said it locks in as a base, the 248.5 acre feet. To do Phase I, it takes water. When Phase II is platted it would add in water to serve Phase I. After build out, it will not go over the 248.5 acre feet. Councilman Kuknyo called attention to the airport specific area plan. Mrs. Traxler said the area was amended by the Airport Master Plan. This is the end result of a public process. Mayor Kuykendall asked about water and potential water use for industrial and industries that bring employment to the City. The market developing at this moment is for smaller houses. He does not think the airport is a deterrent to building houses in this area. He thinks the location is fine and the size of lots is adequate. The land is available and the City has invested money in a road system. We are prepared for growth in that area. • Jason Gisi, owner's agent addressed questions. He said Phase I is 212 lots of 7,000- 14,000 square feet. If approved today, the engineer would start tomorrow. As they move forward, 102 dwelling units to the east would be built. Phase I is a three year build out of 212 units. They are not asking for a reservation of water. If we rezone and construct Phase I, we would earn our water at the point where we final plat Phase II. He said they could then earn, incrementally, up to a cap for 210 acre feet. Mayor Kuykendall said if the City assumes there will be growth in the future, the length of time to do a major annexation to accommodate residential growth would take several years. Mr. McConnell said that would be determined by market. If we are talking about performance we want developers that are actually going to develop. The City should encourage development on residential property. A consideration is placing a time limit, such as building within 5-years or you lose the water. Mr. Gisi reported how the Peavine Trail relates to the project, saying it enhances the project. The trail is an amenity and in their best interest to delicately handle. The lots do not exist at this time. He will be willing to work with the people who use the trail so restrictions are not made. Mr. McConnell explained the recommendations in front of Council. Mayor Kuykendall said if we have a performer, why not give them the water for the entire project. Mr. Gisi said Alternative II includes language to incrementally earn water up to the cap of 210 acre feet. Prescott City Council Workshop —July 2, 2013 Page 5 Mr. Paladini summarized the two proposed alternatives. 'Itrid Daniel Mattson, Prescott resident, said he is worried this is going to come back and bite the City. He supports an informal review so the public knows what the differences are. He asked for a cursory statement. He said a cost benefit analysis should be done. He is concerned that workforce housing is not proposed in the first Phase. He feels the Council should make that a requirement. Mayor Kuykendall explained the reasons he supports the project. Creating rooftops will help the City. The Mayor said workforce housing is important to the Council and they have been talking about this for some time. Lindsay Bell, Prescott resident, addressed the emphasis on the annexation policy for the past few years. She noted that it was on land suited for commercial development as opposed to residential. She said there should be some justification for the residential rezoning. In terms of changes to the Airport plans, she did not see anything regarding the noise attenuations. She urged Council to look at Alternative 1 regarding the Water Service Agreement. She would be hesitant to allocate half of the water portfolio to a single development at this time. She said the City is on the cusp of major annexations, and water should not be tied up. Mayor Kuykendall asked if she thought it would be the end of Prescott, once the water is used. She said there are many techniques to be considered to assure water *41010 availability for current and future residents. She mentioned increasing recharge and rainwater harvesting. Judith Merrill, Prescott resident, said she is impressed with questions being asked. She questioned why the rezoning is connected to the addition of 600 lots and why there could not be more open space in the area. She said she did not know what the benefit to the City would be to add 600 lots. She noted that houses have to be balanced with industry. If the Peavine Trail is lined with small lots, the trail will not be anything like it currently is. She said it is an asset to the City and some of the open space should be along the Peavine Trail. The doubling of the number of cars going across the at-grade crossing on the Peavine Trail is worrisome to her. Mr. Guice, Community Development Director, said the crossing at the Peavine Trail had been addressed. Leslie Hoy, Prescott resident, commented as a member of the Proposition 400 Committee. She is disappointed that Council is considering the rezoning over a holiday week and noted that more people would be at the meeting if they were not on vacation. She emailed George Worley about the cost benefit analysis and was told that this is not required. She emailed all Council and did not hear back from anyone. She said residential land use cost the taxpayer's 15 - 50 percent more than any income produced by the City's coffers. She said that she did not know how it would be good for the City if Noilf Prescott City Council Workshop — July 2, 2013 Page 6 some type of a cost benefit analysis was not done. She said it is her civic duty to ask the questions. She asked that all landscaping being xeriscaped. Councilman Scamardo addressed her concerns and explained how impact fees are used. Mr. McConnell explained the City is required to do a new study, which is being done, but the impact fees in place today will be charged to the developer. Thomas Slayback, Prescott resident, said he is speaking on behalf of being a Prescott taxpayer and pointed out that the Verde River is in a crisis state. It is losing 1 cubic foot per second per year. He noted that every one of the proposed houses will waste water with outdoor water use. He said we have to go to high density/multi-story development so there are not yards wasting water. He noted that the City is setting a horrible precedent and that this request is a bait and switch. Any change to an annexation that came in under Proposition 400 should go through Proposition 400 again. He is asking Council to do the right thing. If Prescott expects to grow we need to have jet service to the City, which will increase noise dramatically. Councilman Blair said all these plans are plans and subject to change. Doing the right thing for Prescott is doing many things. Many of our developments have been annexed into the City. The cost of impact is a cost to the developer. Thomas Slayback said the short term cost is to the developer and the long term cost is to the taxpayer. The developer puts in the roads but the taxpayers maintain them over the years. He said that we do not grow by putting in more and more houses. We grow economically, by the businesses and industry. Councilman Kuknyo pointed out that we charge for water and sewers and tax for the roads. Mr. Slayback said we still have our sewers that leak into the creeks and the City cannot pay for its infrastructure. He said there should be some ordinances in place so developers have to do things such as collect effluent, collect water to water plants, etc. to make things right. Councilman Lamerson asked if Alternative 1 limited where the property owner can use his allotted water on the 1100 acres. Mr. McConnell said it leaves 428.5 acre feet in place, with the restriction that 56 acre feet of that have to be used for workforce housing. Leslie Hoy said Council and the public should see the cost benefit. Councilman Scamardo asked Mr. Gisi if water allocation can be tied to building permits rather than the platting of an empty lot. Mr. Paladini, City Attorney, said language could be drafted to address Council concerns. Mr. Gisi said a phone call from a builder asking if the owner can provide flat lots for production housing triggered this request. He said they want to perform and get the rewards. He does not see this as something complicated. Mr. McConnell said there are misconceptions in the community. Cost benefit analysis makes many assumptions regarding what the market is, what the tax rates are, etc. Prescott City Council Workshop —July 2, 2013 Page 7 The way things are set up, it requires that rooftops be created. He said we need new net sales tax generation. Mayor Kuykendall pointed out Ruger, who does not pay sales tax. He said it takes roof tops to sell retail. Mr. Gisi said impact fees in Yavapai Hills have been running $10.00 a square foot. Councilman Blair called for the question. COUNCILMAN BLAIR MOVED TO ADOPT RESOLUTION 4185-1347; SECONDED BY COUNCILMAN SCAMARDO; PASSED 6-0. COUNCILMAN KUKNYO MOVED TO ADOPT RESOLUTION 4186-1348; SECONDED BY COUNCILMAN BLAIR; PASSED 6-0. COUNCILMAN BLAIR MOVED TO ADOPT ORDINANCE 4860-1317, AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE CITY OF PRESCOTT, YAVAPAI COUNTY, ARIZONA, AMENDING THE ZONING OF CERTAIN PROPERTY WITHIN THE CITY OF PRESCOTT GENERALLY LOCATED SOUTH OF THE GRANITE DELLS PARKWAY AND STATE ROUTE 89A INTERCHANGE, FROM INDUSTRIAL GENERAL (IG), INDUSTRIAL LIGHT (IL), AND BUSINESS GENERAL (BG) ZONING DISTRICTS TO SINGLE-FAMILY 6 (SF-6) ZONING DISTRICT; SECONDED BY COUNCILMAN SCAMARDO; PASSED 6-0. COUNCILMAN LAMERSON MOVED TO APPROVE MP13-001, AN AMENDMENT TO THE GRANITE DELLS ESTATES MASTER PLAN; SECONDED BY COUNCILMAN CARLOW; PASSED 6-0. a COUNCILMAN SCAMARDO MOVED TO ADOPT RESOLUTION 4188-1350; SECONDED BY COUNCILMAN CARLOW; PASSED 6-0. COUNCILMAN BLAIR MOVED ' TO APPROVE ALTERNATIVE 1 THE FIRST AMENDMENT TO THE WATER SERVICE AGREEMENT NO. WSA07-028 (CITY CONTRACT NO. 2008-165 Al); SECONDED BY COUNCILMAN LAMERSON; PASSED 5-1, WITH COUNCILMAN KUKNYO VOTING NO. IV. REPORTS None. V. ADJOURNMENT There being no further business to be discussed, the Prescott City Council Workshop of July 2, 2013, adjourned at 5:50 P.M. Prescott City Council Workshop — July 2, 2013 Page 8 ‘110- MARLIN D. KUYKENDALL, Mayor ATTEST: LYNN MULHALL, City Clerk CERTIFICATION I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the Regular Voting Meeting of the City Council of the City of Prescott, Arizona held on the 2nd day of July, 2013. I further certify the meeting was duly called and held and that a quorum was present. Dated this day of , 2013. AFFIX CITY SEAL LYNN MULHALL, City Clerk PRESCOTT CITY COUNCIL SPECIAL MEETING TUESDAY, JULY 2, 2013 PRESCOTT, ARIZONA MINUTES OF THE SPECIAL MEETING OF THE PRESCOTT CITY COUNCIL HELD ON JULY 2, 2013, in the COUNCIL CHAMBERS located at CITY HALL, 201 SOUTH CORTEZ STREET, Prescott, Arizona. • CALL TO ORDER Mayor Kuykendall called the meeting to order at 3:00 P.M. • INTRODUCTIONS Councilman Kuknyo introduced visitors from Sister City, Zeitz, Germany, in Prescott for the 4th of July and the Rodeo events. Councilman Lamerson introduced Councilman Blair's daughter. • INVOCATION by Reverend Kimball-Arnold. The Reverend introduced her guest Deidre Moulinier, from Sedona. • PLEDGE OF ALLEGIANCE by Councilman Kuknyo • ROLL CALL Present: Mayor Kuykendall Councilman Arnold Councilman Blair Councilman Carlow Councilman Kuknyo Councilman Lamerson Councilman Scamardo • ANNOUNCEMENTS Mayor Kuykendall reported the Yarnell Hill fire is still going on. The community is coming together from many directions. There are several different fund raisers and other events happening downtown and at the High School. Within the next few days the City will become involved in a Memorial Service for the fallen Granite Mountain Hot Shots. More information will be released in the upcoming days. .f. Prescott City Council Page 2 Workshop —July 2, 2013 I. PRESENTATIONS A. Prescott Chamber of Commerce - Introduction of New Businesses Erin Cornwell, Membership Director, announced the new Chamber members for June: Bill's Grill, Yavapai Accountable Care, Thrivent Financial, Prestamos CDFI, LLC, A-1 Shredding, Boston's Fashion Shoes, Cosmetic Dermatology Association of Prescott — Dr. Eugene Conte, The Prescott Peddler, Paychex Inc., Arizona Pioneer's Home, TownE App, and Backway's Physical Therapy. II. REGULAR AGENDA A. Public hearing and action re: Master Plan Amendment (MP13-001), Rezoning (RZ13-001), General Plan Minor Map Amendment (GP13-001), Airport Specific Area Plan Amendment (LUP13-001), Amendment One to Pre-Annexation Development Agreement (City Contract No. 2008-164 Al), and Water Service Agreement First Amendment (City Contract No. 2008-165 Al) for Granite Dells Estates (Owner: Michael Fann; Agent: Jason Gisi) At 3:12 P.M. Councilman Arnold recused himself and stepped away from the dais due to a previously stated conflict of interest. • Ruth Traxler, Community Planner presented. She noted that Granite Dells Estates is a 1,100 acre Master Planned development south of Highway 89A at the interchange of Granite Dells Parkway. It was annexed in 2007 under Proposition 400. She said there is a mix of industrial, commercial, multi-family, workforce and single-family uses in the Master Plan. Only five acres have been developed since 2007, for a use related to the Yavapai School District. The current request is an amendment to the Master Plan to allow for an increase in residential units from 710 to 1310. This request affects the Airport Specific Area Plan, General Plan, and Rezoning to change the underlying allowable uses in that area. Two other changes are also required, which triggers a greater water demand. Those changes are an amendment to the Development Agreement and the Water Service Agreement. Mrs. Traxler reviewed the proposed changes to the various plans and agreements and said the Planning and Zoning Commission unanimously approved the land use changes. City Manager, Craig McConnell, addressed the changes to the Development Agreement and the Water Service Agreement. He said the Council Water Issues Committee met to discuss this, noting that 248.5 acre foot of water was previously allocated to this property in a pre-annexation development agreement. The additional water demand created at build-out is 210 additional acre feet. The rezoning does not necessitate that water be allocated. The rezoning is the adoption of a land use and does not entitle the land to receiving water. He said there are alternatives the Council can consider. Prescott City Council Workshop —July 2, 2013 Page 3 The Council can determine that the previously allocated water be used for development *41119 until exhausted. The property owned could then have another discussion with the City about allocating more water. That will require performance by the property owner to move ahead to final plat and construction of residential units on rezoned property. The other alternative is to lock in the 248.5 acre feet and enable the property owner to earn additional water as development proceeds. Mr. McConnell said there are approximately 437.78 acre feet remaining from volume from the 1999 and 2005 Decision and Orders, less total committed/contracted water. Remaining volume from the 2009 Decision and Order less total committed/contracted water is 737.98 acre feet. Councilman Lamerson questioned if the rezoning needed a super majority vote, as the annexation did. He reported that at the Water Issues Committee, he questioned if certain actions could trigger the Big Chino Pipeline Project. City Attorney Paladini replied. Prop 400, which requires the 3/ approval is only for the annexation. Rezoning does not require any more than a simple majority vote (4). Another question is if the rezoning requires a cost benefit analysis. The answer is no. Council can choose to do that either formally or informally. Councilman Lamerson said there is also the option of doing nothing. There is nothing preventing the property owner from coming back at a future date asking for his property to be rezoned. Councilman Scamardo said he went to the Planning and Zoning meetings when this was discussed and he has no objections. He does have a reservation of allocating water at the time of rezoning. He would prefer to see the owner build the original number and then return to Council for the additional acre feet. He does not want to land bank 248 acre feet of water. Councilman Kuknyo pointed out the property is all vacant right now. Mr. McConnell said there are 710 residential units presently permitted. The rezoning would add another 600 residential units. These units would be on approximately 6,000 square foot lots. Councilman Blair said this reminds him of the development of Prescott Lakes. He is concerned with future rezoning. People buy a home, thinking they know what is going to be developed next door. He concurs with Councilman Scamardo. The water should be tied to performance. Councilman Lamerson asked Jeff Tripp, Airport Manager, how this will impact future growth of the airport. Mr. Tripp replied that the airport Master Plan is updated approximately every 10 years and the City reviews residential impact. He said looking at standards; the proposed development is well within the decibel allowed. Prescott City Council Workshop —July 2, 2013 Page 4 ialow Councilman Lamerson asked what the industrial development will include and the impact on water. Mr. McConnell said in the Water Service Agreement there is a distinction within the 248.5 acre feet of water allocated and 56 of those acre feet are for workforce housing. The remaining 192.5 acre feet are for market housing, which is almost 600 units. The proposal is a request not a negotiation. The Council can set criteria, Mr. McConnell said. Councilman Carlow asked what the risk is to the City. Mr. McConnell said it locks in as a base, the 248.5 acre feet. To do Phase I, it takes water. When Phase II is platted it would add in water to serve Phase I. After build out, it will not go over the 248.5 acre feet. Councilman Kuknyo called attention to the airport specific area plan. Mrs. Traxler said the area was amended by the Airport Master Plan. This is the end result of a public process. Mayor Kuykendall asked about water and potential water use for industrial and industries that bring employment to the City. The market developing at this moment is for smaller houses. He does not think the airport is a deterrent to building houses in this area. He thinks the location is fine and the size of lots is adequate. The land is available and the City has invested money in a road system. We are prepared for growth in that area. Jason Gisi, owner's agent addressed questions. He said Phase I is 212 lots of 7,000- 14,000 square feet. If approved today, the engineer would start tomorrow. As they move forward, 102 dwelling units to the east would be built. Phase I is a three year build out of 212 units. They are not asking for a reservation of water. If we rezone and construct Phase I, we would earn our water at the point where we final plat Phase II. He said they could then earn, incrementally, up to a cap for 210 acre feet. Mayor Kuykendall said if the City assumes there will be growth in the future, the length of time to do a major annexation to accommodate residential growth would take several years. Mr. McConnell said that would be determined by market. If we are talking about performance we want developers that are actually going to develop. The City should encourage development on residential property. A consideration is placing a time limit, such as building within 5-years or you lose the water. Mr. Gisi reported how the Peavine Trail relates to the project, saying it enhances the project. The trail is an amenity and in their best interest to delicately handle. The lots do not exist at this time. He will be willing to work with the people who use the trail so restrictions are not made. Mr. McConnell explained the recommendations in front of Council. Mayor Kuykendall said if we have a performer, why not give them the water for the entire project. Mr. Gisi said Alternative II includes language to incrementally earn water up to the cap of 210 acre feet. Prescott City Council Workshop — July 2, 2013 Page 5 Mr. Paladini summarized the two proposed alternatives. Daniel Mattson, Prescott resident, said he is worried this is going to come back and bite the City. He supports an informal review so the public knows what the differences are. He asked for a cursory statement. He said a cost benefit analysis should be done. He is concerned that workforce housing is not proposed in the first Phase. He feels the Council should make that a requirement. Mayor Kuykendall explained the reasons he supports the project. Creating rooftops will help the City. The Mayor said workforce housing is important to the Council and they have been talking about this for some time. Lindsay Bell, Prescott resident, addressed the emphasis on the annexation policy for the past few years. She noted that it was on land suited for commercial development as opposed to residential. She said there should be some justification for the residential rezoning. In terms of changes to the Airport plans, she did not see anything regarding the noise attenuations. She urged Council to look at Alternative 1 regarding the Water Service Agreement. She would be hesitant to allocate half of the water portfolio to a single development at this time. She said the City is on the cusp of major annexations, and water should not be tied up. • Mayor Kuykendall asked if she thought it would be the end of Prescott, once the water is used. She said there are many techniques to be considered to assure water availability for current and future residents. She mentioned increasing recharge and rainwater harvesting. Judith Merrill, Prescott resident, said she is impressed with questions being asked. She questioned why the rezoning is connected to the addition of 600 lots and why there could not be more open space in the area. She said she did not know what the benefit to the City would be to add 600 lots. She noted that houses have to be balanced with industry. If the Peavine Trail is lined with small lots, the trail will not be anything like it currently is. She said it is an asset to the City and some of the open space should be along the Peavine Trail. The doubling of the number of cars going across the at-grade crossing on the Peavine Trail is worrisome to her. Mr. Guice, Community Development Director, said the crossing at the Peavine Trail had been addressed. Leslie Hoy, Prescott resident, commented as a member of the Proposition 400 Committee. She is disappointed that Council is considering the rezoning over a holiday week and noted that more people would be at the meeting if they were not on vacation. She emailed George Worley about the cost benefit analysis and was told that this is not required. She emailed all Council and did not hear back from anyone. She said residential land use cost the taxpayer's 15 - 50 percent more than any income produced by the City's coffers. She said that she did not know how it would be good for the City if Prescott City Council Workshop — July 2, 2013 Page 6 some type of a cost benefit analysis was not done. She said it is her civic duty to ask the questions. She asked that all landscaping being xeriscaped. Councilman Scamardo addressed her concerns and explained how impact fees are used. Mr. McConnell explained the City is required to do a new study, which is being done, but the impact fees in place today will be charged to the developer. Thomas Slayback, Prescott resident, said he is speaking on behalf of being a Prescott taxpayer and pointed out that the Verde River is in a crisis state. It is losing 1 cubic foot per second per year. He noted that every one of the proposed houses will waste water with outdoor water use. He said we have to go to high density/multi-story development so there are not yards wasting water. He noted that the City is setting a horrible precedent and that this request is a bait and switch. Any change to an annexation that came in under Proposition 400 should go through Proposition 400 again. He is asking Council to do the right thing. If Prescott expects to grow we need to have jet service to the City, which will increase noise dramatically. Councilman Blair said all these plans are plans and subject to change. Doing the right thing for Prescott is doing many things. Many of our developments have been annexed into the City. The cost of impact is a cost to the developer. Thomas Slayback said the short term cost is to the developer and the long term cost is to the taxpayer. The developer puts in the roads but the taxpayers maintain them over the years. He said that we do not grow by putting in more and more houses. We grow economically, by the businesses and industry. Councilman Kuknyo pointed out that we charge for water and sewers and tax for the roads. Mr. Slayback said we still have our sewers that leak into the creeks and the City cannot pay for its infrastructure. He said there should be some ordinances in place so developers have to do things such as collect effluent, collect water to water plants, etc. to make things right. Councilman Lamerson asked if Alternative 1 limited where the property owner can use his allotted water on the 1100 acres. Mr. McConnell said it leaves 428.5 acre feet in place, with the restriction that 56 acre feet of that have to be used for workforce housing. Leslie Hoy said Council and the public should see the cost benefit. Councilman Scamardo asked Mr. Gisi if water allocation can be tied to building permits rather than the platting of an empty lot. Mr. Paladini, City Attorney, said language could be drafted to address Council concerns. Mr. Gisi said a phone call from a builder asking if the owner can provide flat lots for production housing triggered this request. He said they want to perform and get the rewards. He does not see this as something complicated. Mr. McConnell said there are misconceptions in the community. Cost benefit analysis ,,: makes many assumptions regarding what the market is, what the tax rates are, etc. Prescott City Council Workshop —July 2, 2013 Page 7 The way things are set up, it requires that rooftops be created. He said we need new ,400 net sales tax generation. Mayor Kuykendall pointed out Ruger, who does not pay sales tax. He said it takes roof tops to sell retail. Mr. Gisi said impact fees in Yavapai Hills have been running $10.00 a square foot. Councilman Blair called for the question. COUNCILMAN BLAIR MOVED TO ADOPT RESOLUTION 4185-1347; SECONDED 'BY COUNCILMAN SCAMARDO; PASSED 6-0. COUNCILMAN KUKNYO MOVED TO ADOPT RESOLUTION 4186-1348; SECONDED BY COUNCILMAN BLAIR; PASSED 6-0. COUNCILMAN BLAIR MOVED TO ADOPT ORDINANCE 4860-1317, AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE CITY OF PRESCOTT, YAVAPAI COUNTY, ARIZONA, AMENDING THE ZONING OF CERTAIN PROPERTY WITHIN THE CITY OF PRESCOTT GENERALLY LOCATED SOUTH OF THE GRANITE DELLS PARKWAY AND STATE ROUTE 89A INTERCHANGE, FROM INDUSTRIAL GENERAL (IG), INDUSTRIAL LIGHT (IL), AND BUSINESS GENERAL (BG) ZONING DISTRICTS TO SINGLE-FAMILY 6 (SF-6) ZONING DISTRICT; SECONDED BY COUNCILMAN SCAMARDO; PASSED 6-0. COUNCILMAN LAMERSON MOVED TO APPROVE MP13-001, AN AMENDMENT TO THE GRANITE DELLS ESTATES MASTER PLAN; SECONDED BY COUNCILMAN CARLOW; PASSED 6-0. COUNCILMAN SCAMARDO MOVED TO ADOPT RESOLUTION 4188-1350; SECONDED BY COUNCILMAN CARLOW; PASSED 6-0. COUNCILMAN BLAIR MOVED TO APPROVE ALTERNATIVE 1 THE FIRST AMENDMENT TO THE WATER SERVICE AGREEMENT NO. WSA07-028 (CITY CONTRACT NO. 2008-165 Al); SECONDED BY COUNCILMAN LAMERSON; PASSED 5-1, WITH COUNCILMAN KUKNYO VOTING NO. IV. REPORTS None. V. ADJOURNMENT There being no further business to be discussed, the Prescott City Council Workshop of July 2, 2013, adjourned at 5:50 P.M. Prescott City Council Page 8 Workshop — July 2, 2013 MARLIN D. KUYKENDALL, Mayor ATTEST: LYNN MULHALL, City Clerk CERTIFICATION I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the Regular Voting Meeting of the City Council of the City of Prescott, Arizona held on the 2nd day of July, 2013. I further certify the meeting was duly called and held and that a quorum was present. Dated this day of 2013. AFFIX CITY SEAL LYNN MULHALL, City Clerk • PRESCOTT CITY COUNCIL SPECIAL MEETING TUESDAY, JULY 2, 2013 PRESCOTT, ARIZONA MINUTES OF THE SPECIAL MEETING OF THE PRESCOTT CITY COUNCIL HELD ON JULY 2, 2013, in the LOWER LEVEL CONFERENCE ROOM located at CITY HALL, 201 SOUTH CORTEZ STREET, Prescott, Arizona. • CALL TO ORDER Mayor Kuykendall called the meeting to order at 1:30 P.M. ♦ ROLL CALL Present: Staff Present Mayor Kuykendall Craig McConnell, City Manager Councilman Arnold Jon Paladini, City Attorney Councilman Blair Lynn Mulhall, City Clerk Councilman Carlow Mark Woodfill, Finance Director Councilman Kuknyo Matt Podracky, Assistant City Attorney Councilman Lamerson Councilman Scamardo CALL TO ENTER INTO EXECUTIVE SESSION Upon a public majority vote of the members constituting a quorum, the Council may hold an executive session that is not open to the public for the purposes set forth below. When the executive session ends, Council may adjourn or return to open session. COUNCILMAN LAMERSON MOVED TO RECESS INTO EXECUTIVE SESSION; SECONDED BY COUNCILMAN CARLOW; PASSED UNANIMOUSLY. The Prescott City Council recessed into Executive Session at 1:30 P.M. EXECUTIVE SESSION I. LEGAL MATTERS A. An executive session pursuant to A.R.S. §38-431.03(A)(3)and(4) for discussion or consultation for legal advice with the attorney or attorneys of the public body; for discussion or consultation with the attorneys of the public body in order to consider its position and instruct its attorneys Special Meeting 2 July 2, 2013 regarding the public body's position regarding contracts that are the subject of negotiations, in pending or contemplated litigation or in settlement discussions conducted in order to avoid or resolve litigation. a. Town of Chino Valley Water Transportation Tax Claim B. An executive session pursuant to A.R.S. §38-431.03(A)(3)and(4) for discussion or consultation for legal advice with the attorney or attorneys of the public body; for discussion or consultation with the attorneys of the public body in order to consider its position and instruct its attorneys regarding the public body's position regarding contracts that are the subject of negotiations, in pending or contemplated litigation or in settlement discussions conducted in order to avoid or resolve litigation. a. A. Miner Contracting Claim on Runway Safety Project Construction Contract C. The executive session adjourned at 2:19 P.M. ADJOURNMENT There being no further matters to come before the Special Meeting, the meeting was adjourned at 2:19 P.M. MARLIN D. KUYKENDALL, Mayo ATTEST . LYNN MULHALL, City Clerk • CERTIFICATION I hereby certify that the foregoing minutes are a true and correct copy of the minutes ofa the Special Meeting of the City Council of the City of Prescott, Arizona held on the 2nd of July, 2013. I further certify the meeting was duly called and held and that a quorum was present. Dated this day of 2013. AFFIX CITY SEAL LYNN MULHALL, City Clerk I" COUNCIL AGENDA MEMO — July 23, 2013 PROCUREMENT ITEM FOR CONSENT AGENDA ($10,000 - $20,000) DEPARTMENT: Field and Facilities Services AGENDA ITEM CAPTION: Purchase of Swenson stainless steel replacement cinder spreader from Legacy Equipment Co., in the amount of $17,889.58 Approved By: luate: Department Director: Stephanie Miller City Manager: Craig McConnell e&a.. I- tO " 13 Uf Good(s) or Service(s) to be Purchased Description of Item(s) Check if Prof. Services _ 14' Swenson Stainless Steel Replacement Cinder Spreader Quantity One (1) ea Necessity/Use The Street Maintenance Division needs to replace the cinder spreader for truck #1002. The spreader is an essential part of the City's snow removal process. Using this equipment, cinders and Ice Slicer are mixed and spread on intersections, curves and hills to provide traction and to melt snow and ice. The spreader was damaged in an accident at the Sundog Yard in February 2013 and cannot be repaired. It had been in service for the past 12 years. As part of this replacement, a $1,334 upgrade from the prior equipment specification is requested to incorporate "10 gauge" stainless steel, the current industry standard. This will increase durability and performance. Transition to stainless steel for the remainder of the fleet will occur through attrition. Summary of Written Quotes or Professional Services Proposals x Vendor (Name and Location) ** See Note (1) below for professional services ** Price Delivery/Schedule x 1. Legacy Equipment, Salt Lake City, UT $17,889.58 Including AZ use tax Drop Shipped from Swensen (Lindonwood, IL) to Prescott, AZ x = recommended award Budaet Information I Fund Name: Streets and Open Space 1 % - Street Maintenance Attachments 1. Quote Comparison 2. Legacy Equipment bid dated June 19, 2013 City of Prescott Street Maintenance Division 14' Cinder Spreader Quotes - June 2013 Vendor Qnote Legacy Equipment — Salt Lake City, UT $16,626.00 Norwood Equipment, Inc. — Phoenix, AZ $17,308.00 Drake Equipment of Arizona — Phoenix, AZ $17,420.76 Total (Including Use Tar.) $17,889.58 $18,917.64 $19,040.89 Attachment (1) Legacy Equipment Company QUOTATION 1220 South Legacy View Street Aft Salt Lake City, UT 84104 Quote ID: 60511-2 Phone: 801-975-0400 LEGACY Fax: 801-975-7567 Page 1 of 1 EQUIPMENT www.legacyeq.com 99 Customer: CITY OF PRESCOTT Quote Number: 60511-2 433 N VIRGINIA ST Quote Date: 6/19/2013 PRESCOTT AZ 86301 Quote valid until: 7/19/2013 Contact: STERLING KERSCHION Phone: 928-308-6646 Salesperson: SKYLAR DYRENG Fax: QUANTITY DESCRIPTION UNIT PRICE AMOUNT SWENSON 14' SPREADER (EV100 14-84-54 52)- v-box spreader made from $14,101.00 $14,101.00 1 EA 12ea 201 stainless steel: - 50:1 gearbox - 6 tooth sprockets - 1/4" cross bars - 1 1 /2" drive shaft - 1 1 /4" idler shaft - spring loaded chain take up - 2 foot sloped front - inverted vee - Lightbar (stop, turn tail, strobes and work light kit): • LED stop, turn, tail, ID, and marker lights • 6" oval and 2" round lights are shielded, with sealed wiring • Easily mountable light bar with four bolts • 8' pigtail with a 7 pin trailer plug and receptacle for easy hook up • Sealed beam work/spinner light - Standard Spinner Assembly w/ 18" Carbon Disc - Top Screens - No Paint on Stainless Steel "Customer to provide hydraulics, hoses, controls 1 EA UPCHARGE to TOGA 201 stainless steel (in lieu of standard 12ga stainless) $1,334.00 $1,334.00 - Includes 7GA Long Members 1 EA FREIGHT CHARGE INBOUND $1,191.00 $1,191.00 - DROP SHIPPED FROM SWENSON TO PRESCOTT, AZ Quote Total: $16,626.00 Sales Tax: Total Due: $16,626.00 ♦ Price does not include chassis or equipment modifications that may be necessary due to unforeseen compatibility issues. Customer will be contacted for approval before any modifications are made. ♦ Terms are Due Upon Receipt unless prior credit arrangements are made at the time of order. ♦ Please note if chassis is furnished, it is as a convenience and terms are Net Due on Receipt of Chassis ♦ Quote may not include all applicable Federal Excise Tax, Sales Tax or Delivery Fees. Customer must fill out the information below before the order can be processed... Accepted by: Date: P.O. number: Notes: Attachment (2) COUNCIL AGENDA MEMO — July 23, 2013 PROCUREMENT ITEM FOR CONSENT AGENDA ($10,000 - $20,000) DEPARTMENT: Library AGENDA ITEM CAPTION: Approval of payment to OCLC, Inc., in the amount of $19,500 00 for annual shared bibliographic records subscription deposit account Aoproved Bv: Date: Department Director: Roger Saft City Manager: Craig McConnell Good(s) or Service(s) to be Purchased Description of Item(S) Check if Prof. Services —. Deposit account for access to shared bibliographic records. Quantity Subscription Period 7/1/2013 — 6/30/2014 Necessity/Use OCLC series are used to locate, acquire, catalog and lend libraEy materials Summary of Written Quotes (exclusive of tax) or Professional Services Proposals x Vendor (Name and Location) ** See Note (1) below for professional services ** Price Delivery/Schedule x 1. OCLC, Inc., Dallas, TX $19,500.00 License for daily use x = recommended award Budget Information I Fund Name: General Fund Additional Comments: OCLC services are used to create records in the online catalog enabling patrons of the Prescott Public Library to locate items within the library, to allow all libraries in the Yavapai Library Network to loan and borrow items among one another, and the Prescott Public Library to borrow items from libraries outside the Yavapai Library Network. This is a sole source procurement, without which the Prescott Public Library could not communicate with other libraries for access to and sharing of library materials. Attachments 1. OCLC, Inc, Invoice #ZPT0606AML E The woorld's libraries. OCLC-- Connected. 800 848-5878 WATS 614 764-6000 OCLC, Inc JUNE/06/2013 INVOICE NUMBED ZPT0606AM L. Refer to invoice number i I correspondence and payments FEIN NO. 31-0734115 AR CODE: 2500 INSTITUTION CODE: ZPT ACCOUNT NO: 010CLC00001242 TERMS: PAYABLE UPON RECEIPT BILL TO: MAKE CHECKS PAYABLE TO: PRESCOTT PUBLIC LIBR 216 E GOODWIN ST PRESCOTT, AZ 86303-3911 INVOICE OCLC INC PO BOX 203254 DALLAS TX 75320-3264 PRODUCT DESCRIPTION AMOUNT OCLC SERVICES SUBSCRIPTION PERIOD: 07/01/2013 - 06/30/2014 19,500.00 TOTAL $19,500.00 TOTAL AMOUNT PAYABLE IN US DOLLARS $19,500.00 COUNCIL AGENDA MEMO - July 23, 2013 DEPARTMENT: City Manager/Human Resources AGENDA ITEM: Appointment of Mark Woodfill, Finance Director, and Mary Jacobsen, Human Resources Director, to the Yavapai Combined Trust Board, and Alison Zelms, Deputy City Manager, as the Alternate Anaroved Bv: Date: D�artment Head: Ma Jacobsen 7/23/2013Fiirector: Mark Woodfill Citv Manager: Crai McConnell '7-/2-/3 Item Summary Mark Woodfill and Mary Jacobsen are recommended for appointment as Trustees to the Yavapai Combined Trust Board. Alison Zelms, Deputy City Manager, is also being recommended to replace the former Risk Manager, as the Alternate. Background The Yavapai Combined Trust is the cooperative health trust that provides the City's health/life/dental insurance. The Trust is formed with cooperation and participation from Yavapai County, Yavapai College, the Town of Chino Valley, and the City of Prescott. Prescott is allotted two (2) Trustees and one (1) Alternate on the Board. Budget No budgetary impact. Recommended Action: MOVE to appoint Mark Woodfill and Mary Jacobsen as City of Prescott Trustees for the Yavapai Combined Trust Board, and Alison Zelms as the Alternate. I.E. COUNCIL AGENDA MEMO - July 23, 2013 PROCUREMENT ITEM FOR CONSENT AGENDA ($10,000 - $20,000) DEPARTMENT: PUBLIC WORKS AGENDA ITEM CAPTION: Authorization of payment to Lucity, Inc., for annual technical support and software maintenance for the infrastructure maintenance management system in the amount of $17,277.30 . _ Date: Department Director: Mark Nietu ski 7/10/2013 Citv Manaaer: Craig McConnell µ Good(s) or Service(s) to be Purchased Description of Item(s) Check if Prof. Services — Technical Support and Software Maintenance Services Quantity Services to be provided for a one year period — 8/1113 through 7/31/14 Necessity/Use Technical support and software maintenance for Lucity which supports all water and wastewater maintenance planning and tracking. en Quotes (exclusive of tax) or Professional Services Proposals =Vendand Location) 1. LucitV, Inc. ** See Note (1) below for professional services ** Price Delivery/Schedule $17,277.30 ($15,800 + $1,477.30 sales tax 8/1/13 X 2. . 3. x = recommended award Budget Information I Acct # 7005800-8520 — Water Fund Acct # 7205850-8520 - Wastewater Fund Additional Comments: Lucity (formerly GBA) Software has been in use by the City since July 1, 2008, in the Water and Wastewater divisions for maintenance management of the City's utility infrastructure and associated performance based budgeting. Attachments 1. Lucity, Inc., Invoice for Services Jr 1UU I Y Craig Dotseth City of Prescott PO Box 2059 Prescott, AZ 86302 craig-dotseth@cityofprescott.net Lucity, Inc. 10561 Barkley Street, Suite 500 Overland Park, KS 66212 Phone # 913-341-3105 __:uai Yh 4/30/2013 City of Prescott Craig Dotseth 201 S. Cortez St. Prescott, AZ 86302 craig. dotseth@cityofprescott. net Constant Connection Program 1 15,800.00 .15,800.00T Constant Connection Program Renewal on the following Lucity solutions (SQL Server database platform): 3 seats of Sewer 3 seats of Water - 10 seats of Work Administrator 3 seats of Inventory Control - 2 seats of Equipment 1 seat of GIS Desktop - 10 seats of GIS Viewer for Desktop 1 Sewer CCTV Interface - 1 seat of FOG Bundle (incl. FOG Et IPT) for the period of 08/01 /2013 through 07/31 /2014. Total sales tax calculated by AvaTax 1,477.30 1,477.30 0.00% 0.00 Total 1 $17,277.30 M1 COUNCIL AGENDA MEMO - JULY 23, 2013 DEPARTMENT: City Clerk AGENDA ITEM: Public Hearing and consideration of a liquor license application from Jamey Richard Mauk, applicant, for a Series 12, Restaurant, license, for Cuppers Coffee Bistro located at 258 Lee Boulevard, Building C-2 Approved By: Date: Department Head: Lynn Mulhall 7-/0-13 Citv Manager: Craig McConnell Item Summary Jamey Richard Mauk has applied for a new Series 12 liquor license for a Cuppers Coffee Bistro to be located at 258 Lee Boulevard, Building C-2. This Application A Liquor License Application, City No. 13-2219, State No.12133551, has been received from Jamey Richard Mauk, applicant for Cuppers Coffee Bistro, for a Series 12, Restaurant, license, located at 258 Lee Boulevard, Building C-2. The application was properly posted for the State mandated 20 day period. No petitions or protests have been received during this period. The application has cleared Planning and Zoning and the City of Prescott Police Department. The applicant has been requested to attend the Council meeting to respond to any questions Council may have. The completed application is on file in the City Clerk's Office. 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. 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. 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. 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 AGENDA ITEM: Public Hearing and consideration of a liquor license application from Jamey Richard Mauk, applicant, for a Series 12, Restaurant, license, for Cuppers Coffee Bistro located at 258 Lee Boulevard, Building C-2 Director, the Board shall cancel the hearing and the Department may issue the license. Financial Impact The application and license fee have been paid. According to state law, proceeds are required to be used for hospitality promotion (tourism development) purposes. Recommended Action: (1) MOVE to close the Public Hearing; and (2) MOVE to approve/deny/make no recommendation for Liquor License Application No.12133551, a Series 12, Restaurant, license, for Cuppers Coffee Bistro located at 258 Lee Boulevard, Building C-2. II. 6. COUNCIL AGENDA MEMO - July 23, 2013 DE PARTMENT: Field and Facilities Services AGENDA ITEM: Approval of Amendment 1, City Contract No. 2013-159 Al, with Otwell Associates Architects for the Fire Administration Building Renovation Project in an amount not to exceed $31,500.00 Approved By: Date: Department Head: Stephanie Miller 7/10/2013 Finance Director: Mark Woodfill City Manager: Craig McConnell 7-/6 13 0 Item Summary This item is for construction phase professional services to be performed by Otwell Associates Architects for the Fire Administration Building Renovation Project at 215 N. McCormick Street. These services are supplemental to the design services accomplished under the original agreement approved by Council on April 9, 2013. Background On April 9, 2013, Council approved a professional services agreement with Otwell Associates Architects for design of the Fire Administration Building renovation project in an amount not to exceed $19,000.00. The Facilities Management Division is now preparing the project for construction bidding and is seeking to engage Otwell Associates Architects to provide construction phase services. Services to be performed under this Agreement include: construction phase administration and coordination; attendance at pre-bid and pre-construction meetings; assistance with writing addenda, reviewing shop drawings, samples, and other data; and creation of record drawings. A copy of the Agreement with scope of work is attached. Budget The amount of $437,277.00 has been budgeted in FY14 for this capital project. Amendment 1, in an amount not to exceed $31,500.00, includes a $4,000.00 allowance for expenses. Attachments - Professional Services Agreement for Otwell Associates Architects - Exhibit "A" to the Agreement Recommended Action: MOVE to approve Amendment 1, City Contract No. 2013-159- A1, with Otwell Associates Architects for the Fire Administration Building Renovation Project in an amount not to exceed $31,500.00. CITYoF,PRESCOTT Ev ,./!r4</J�4�u wti- Neild �/ Professional Services Agreement Amendment 1 City Contract No. 2013-159 Al Otwell Associates Architects WHEREAS, the City of Prescott(hereinafter referred to as"City") is in need of certain services; and WHEREAS, Otwell Associates Architects (hereinafter referred to as "Professional"), has expertise in Construction Administration NOW, THEREFORE, IN CONSIDERATION OF THE COVENANTS HEREIN CONTAINED, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by each party to the other, it is hereby agreed as follows: 1. That Professional shall provide the services to the City in relation to Construction Administration for the Phase One tenant improvements of the Fire Administration building renovation as indicated in Exhibit "A" (Scope of Work, Task and Fee Estimate, and Project Schedule) and as requested by the City of Prescott Field and Facilities Services Director. 2. In addition to those services identified in Paragraph 1 above, the Professional shall also perform all subordinate tasks not specifically referenced in Paragraph 1, but necessary to the full and effective performance of the tasks specifically referenced. NodiF 3. The Professional shall provide sufficient qualified personnel to perform any and all services as required herein including, but not limited to, inspections and preparation of reports, as reasonably requested by representatives of the City. 4. All services identified in Paragraphs 1 and 2 above shall be completed to the satisfaction of the City and shall be performed in compliance with the Professional's project schedule identified in the attached Exhibit "A". 5. The term of this Agreement shall be July 24, 2013 to June 30, 2014. 6. Notwithstanding the foregoing, this Agreement may be terminated by both parties upon ten (10) days written notice, with or without cause or upon completion of services. If this Agreement is terminated, the Professional shall be paid for authorized services satisfactorily performed to the date of the Professional's receipt of such termination notice. 7. It is agreed by and between the parties that this Agreement incorporates the attached Exhibit "A" thereto as a part of this Agreement, and that the terms thereof shall be binding between the parties. 8. Pursuant to A.R.S. Section 38-511, the City of Prescott may cancel this Agreement, without penalty or further obligation, if any person significantly involved in initiating, negotiating, securing, drafting or creating the Agreement on behalf of the City is, at any time while the Agreement or any extension of the Agreement is in effect, an employee or agent of any other party to the Agreement in any capacity or a Professional to any other party of the Agreement with respect to the subject matter of the Agreement. In the foregoing event, the City of Prescott further elects to recoup any fee or commission paid or due to any person significantly involved in initiating, negotiating, securing, drafting or creating this Agreement on behalf of the City of Prescott from any other party to the Agreement arising as a result of this Agreement. 9. Any notices to be given by either party to the other must be in writing, and personally delivered or mailed by prepaid postage, at the following addresses: Stephanie Miller Bill Otwell Field and Facilities Services Director Otwell Associates Architects 2800 Sundog Ranch Road 121 East Goodwin Prescott,AZ 86301 Prescott, Arizona 86303-3940 10. It is expressly agreed and understood by and between the parties that the Professional is an independent Contractor, and, as such, Professional 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 employees are entitled. As an independent Contractor, Professional further acknowledges that it is solely responsible for payment of any and all income taxes, FICA, withholding, unemployment insurance, or other taxes due and owing any governmental entity whatsoever as a result of this Agreement. As an independent Contractor, Professional further agrees that it will conduct itself in a manner consistent with such status, and that it will neither hold itself out nor claim to be an officer or employee of the City by reason thereof, and that it 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, worker's compensation coverage, unemployment insurance benefits, social security coverage, or retirement membership or credit. 11. This Agreement is non-assignable by the Professional unless by sub-contract, as approved in advance by the City. 12. (A) The City shall pay to Professional a total sum of not-to exceed Thirty One Thousand, Five Hundred dollars and no cents ($31,500.00) for all services specified in Sections 1 and 2 of this Agreement, as specified in Exhibit "A". (B) The foregoing sum includes payment for any and all services to be rendered by Professional or sub-contractors, which the Professional may employ for this Contract. It is expressly agreed by and between the parties that the Professional is solely responsible for any and all payment to such any other Professionals or sub-contactors retained by the Professional. (C) Payment of the total amount provided for under Section 12 (A) shall not relieve Professional of its obligation to complete the performance of all those services specified in Sections, 1, 2, and 3. Should the City request in writing additional services beyond that specified in Sections 1, 2, and 3, then Professional shall charge and City shall pay Professional in accordance with Exhibit"A". (D) Prior to the final payment to the Professional, the City shall deduct therefrom any and all unpaid privilege, license and other taxes, fees and any and all other unpaid monies due the City from the Professional, and shall apply to those monies to the appropriate accounts. Professional shall provide to the City any information necessary to determine the total amount(s)due. (E) The Professional shall bill the City monthly for the fee due the Professional, based upon an hourly rate for work completed for each itemized task pursuant to this Agreement and Exhibit "A" during the billing period. City shall pay such billings within thirty (30) days of the date of their receipt. 13. 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 negotiations between the parties. Therefore, any ambiguity in this Agreement is not to be construed against either party. Professional Services Agreement 2 14. This Agreement shall be construed under the laws of the State of Arizona. 15. All work products of the Professional for this Project are instruments of service for this Project only and shall remain the property of the City whether the Project is completed or not. All plans, drawings, specifications, data maps, studies and other information, including all copies thereof, furnished by the City shall remain the property of the City. They are not to be used on other work, and, with the exception of this Agreement, are to be returned to the City upon request or at the completion of the work. 16. 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 Professional further agrees that this provision shall be contained in all sub-contracts related to the project, which is the subject of this Agreement. 17. 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. Section 12-341.01(A) and (B), or pursuant to any other state or federal statute, court rule, case law or common law. The Professional further agrees that this provision shall be contained in all sub-contracts related to the project, which is the subject of this Agreement. 18. This Agreement represents the entire and integrated Agreement between the City and the Professional 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 Professional. 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. 19. 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 waiver of a subsequent breach of the same by the other party. 20. The Professional hereby agrees to indemnify and hold harmless the City, its departments and divisions, its employees and agents, from any and all claims, liabilities, expenses or lawsuits as a result of the Professional's negligent acts, errors, or omissions, pursuant to this Agreement, except to the extent said claims, liabilities, expenses or lawsuits arise by the negligent acts or omissions of the • City or his/her agents. The Professional further releases and discharges the City, its departments and divisions, its agents and employees, and any and all persons legally responsible for the acts or omissions of the City, from any and all claims which the Professional has or may have against the City, its agents or employees, arising out of or in any way connected with the Professional's activities as set forth below, other than those acts which occur due to the negligence of the City, its employees or agents. 21. No oral order, objection, claim or notice by any party to the other shall affect or modify any of the terms or obligations contained in this Agreement, and none of the provisions of this Agreement 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. 22. (A) Changes in Work: The City, without invalidating the Contract, may order extra work, make changes by altering, or delete any portion of the work as specified herein, or as deemed necessary or desirable by the Field and Facilities Services Director. All such work shall be executed under the Nod Professional Services Agreement 3 conditions of the original Contract except that any claim for extension of time and additional cost caused thereby shall be made at the time of ordering such change or extra work. (B) Extra work shall be that work not indicated or detailed on the Scope of Work and not specified. Such work shall be governed by all applicable provisions on the Contract Document. (C) In giving instructions, the Field and Facilities Services Director shall have authority to make minor changes in the work, not involving extra cost, and not inconsistent with the purposes of the work. No extra work or change shall be made unless in pursuance of a written order by the Field and Facilities Services Director and no claim for an addition to the total amount of the Contract shall be valid unless so ordered. (D) Payment for any change ordered by the Field and Facilities Services Director which involves work essential to complete the Contract, but for which no basis of payment is provided for herein, shall be subject to agreement prior to said work being performed. (E) Adjustments to price and/or Contract Time which are agreed upon shall be incorporated in the written order issued by the Field and Facilities Services Director, which shall be written so as to indicate acceptance on the part of the Professional as evidenced by its signature. In the event prices cannot be agreed upon, the City reserves the right to terminate the Contract as it applies to the items in question and make such arrangements as it may deem necessary to complete the work, or it may direct the Professional to proceed with the items in question to be reimbursed pursuant to the unit prices in the Professional fee proposal. (F) If the Professional claims that any instructions involve extra cost under this Contract, it shall give the Field and Facilities Services Director written notice thereof within forty-eight(48) hours after the receipt of such instructions, and in any event before proceeding to execute the work. No such claim shall be valid unless so made. The Professional shall do such extra work therefor upon receipt of an accepted Contract Amendment or other written order of the Field and Facilities Services Director and in the absence of such Contract Amendment or other written order of the Field and Facilities Services Director, the Professional shall not be entitled to payment for such extra work. In no case shall work be undertaken without written notice from the Field and Facilities Services Director to proceed with the work. All Contract Amendments must be approved by the Field and Facilities Services Director. Contract Amendments over$10,000.00 must be approved by City Council. 23. (A) 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 applicable) 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) $ 100,000 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." Professional Services Agreement 4 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. Combined Single Limit(CSL) $ 1,000,000 (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 bond or binder. (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. (E) Notice of Cancellation: With the exception of a ten (10) day notice of cancellation for non- payment of premium,any changes material to compliance with this contract in the insurance policies above shall require a thirty(30)day written notice. (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 taking place. (G) Verification of Coverage: Professional shall furnish the City with certificates of insurance (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. 24. The Professional, with regard to the work performed by it 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 sub-contractors, including procurement of materials and leases of equipment. The Professional 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 and Community Professional Services Agreement 5 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. 25. Contractor Immigration Warranty Professional understands and acknowledges the applicability to it of the American with Disabilities Act, the Immigration Reform and Control Act of 1986 and the Drug Free Workplace Act of 1989. The following is only applicable to construction contracts: The Contractor must also comply with A.R.S. § 34-301, "Employment of Aliens on Public Works Prohibited", and A.R.S. § 34-302, as amended, "Residence Requirements for Employees". Under the provisions of A.R.S. § 41-4401, Contractor hereby warrants to the City that the Contractor and each of its sub-contractors ("Sub-contractors") will comply with, and are contractually obligated to comply with all Federal Immigration laws and regulations that relate to their employees and A.R.S. § 23-214(A)(hereinafter"Contractor Immigration Warranty"). A breach of the Professional Immigration Warranty shall constitute a material breach of this Contract and shall subject the Professional to penalties up to and including termination of this Contract at the sole discretion of the City. The City retains the legal right to inspect the papers of any Professional or Sub-contractors employee who works on this Contract to ensure that the Professional or Sub-contractor is complying with the Professional Immigration Warranty. Professional agrees to assist the City in regard to any such inspections. The City may, at its sole discretion, conduct random verification of the employment records of the Professional and any of Sub-contractors to ensure compliance with Professional's Immigration Warranty. Professional agrees to•assist the City in regard to any random verification performed. Neither the Professional nor any Sub-contractor shall be deemed to have materially breached the Professional Immigration Warranty if the Professional or Sub-contractor establishes that it has complied with employment verification provisions prescribed by sections 274A and 274B of the Federal Immigration and Nationality Act and the E-Verify requirements prescribed by A.R.S. § 23- 214, Subsection A. The provisions of this Article.must be included in any contract the Professional enters into with any and all of its Sub-contractors who provide services under this Contract or any sub-contract. "Services" are defined as furnishing labor, time or effort in the State of Arizona by a Professional or Sub-contractor. Services include construction or maintenance of any structure, building or transportation facility or improvement to real property. 26. Professional shall exercise the same degree of care, skill and diligence in the performance of the Services as is ordinarily possessed and exercised by a professional under similar circumstances. 27. Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than City and Professional. 28. In the event of a discrepancy between this Agreement and Exhibit "A", this Agreement shall control over Exhibit "A". 29. 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 Agreement may be terminated by the City at the end of the period for which the funds are available. Professional Services Agreement 6 No liability shall accrue to the City in the event this provision is exercised, and the City shall not be obligated or liable for any future payments as a result of termination under this paragraph. 30. Pursuant to A.R.S. Sections 35-391.06 and 35-393.06, each Party certifies that it does not have a scrutinized business operation in Sudan or Iran. For the purpose of this Section, the term "scrutinized business operations" shall have the meanings set forth in A.R.S. Section 35-391 and/or 35-393, as applicable. If any Party determines that another Party submitted a false certification, that Party may impose remedies as provided by law including terminating this Agreement. Dated this day of 2013. City of Prescott, a municipal corporation PROFESSIONAL Marlin D. Kuykendall, Mayor Otwell Associates Architects By: Title: ATTEST: APPROVED AS TO FORM: Lynn Mulhall, City Clerk Jon M. Paladini, City Attorney Professional Services Agreement 7 Exhibit "A" Otwell Associates Architects Proposal • Professional Services Agreement 8 H (0)Twr ,LL A RCHITECT S July 10, 2013 Mr. Mic Fenech Facilities Manager City of Prescott Via email: mic.fenechacitvotPrescott.net Dear Mic, Thank you for the opportunity to submit this proposal for construction administration for the Phase One Tenant Improvements of the Fire Administration building renovation. Our initial agreement was for construction documents when the City was planning to self-perform the construction. This proposal is to provide for the bidding and negotiation phase and administration of the construction contract. Proposed services: 1 BIDDING AND NEGOTIATION PHASE Nosid The Architect, following the Owner's approval of the Construction Documents and of the latest preliminary estimate of Construction Cost, shall assist the Owner in obtaining bids or negotiated proposals and assist in awarding and preparing contracts for construction. 2 CONSTRUCTION PHASE—ADMINISTRATION OF THE CONSTRUCTION CONTRACT 2.1 The Architect's responsibility to provide Basic Services (see subtasks 1-11 below) • for the Construction Phase under this Agreement commences with the award of the initial Contract for Construction and terminates at the earlier of the issuance to the Owner of the final Certificate for Payment or 60 days after the date of Substantial Completion of the Work. 2.2 The Architect shall provide administration of the Contract for Construction unless otherwise provided in this Agreement. Modifications made to the General Conditions, when adopted as part of the Contract Documents, shall be enforceable under this agreement only to the extent that they are consistent with this Agreement and are approved in writing by the Architect. 121 EAST GOODWIN PRESCOTT,ARIZONA 86303-3940 PHONE(928)445-4951 FAX(928)778-6120 2.3 Duties, responsibilities and limitations of authority of the Architect under this Section 2 shall not be restricted, modified or extended without written agreement of the Owner and Architect. 2.4 The Architect shall be a representative of and shall advise and consult with the Owner during the administration of the Contract for Construction. The Architect shall have authority to act on behalf of the Owner only to the extent provided in this Agreement unless otherwise modified by written amendment. 2.5 The Architect, as a representative of the Owner, shall visit the site at twice weekly intervals, or as otherwise agreed by the Owner and the Architect, 1)to become generally familiar with and to keep the Owner informed about the progress and quality of the portion of the work completed, 2) to endeavor to guard the Owner against defects and deficiencies in the Work, and 3)to determine in general if the Work is being performed in a manner indicating that the Work, when fully completed, will be in accordance with the Contract Documents. However, the Architect shall not be required to make exhaustive or continuous on-site inspections to check the quality and quantity of the Work. The Architect shall neither have control over or charge of, nor be responsible for, the construction means, methods,techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, since these are solely the Contractor's rights and responsibilities under the Contract Documents. 2.6 The Architect shall report to the Owner known deviations from the Contract Documents and from the most recent construction schedule submitted by the Contractor. However, the Architect shall not be responsible for the Contractor's failure to perform the 116, Work in accordance with the requirements of the Contract Documents. The Architect shall be responsible for the Architect's negligent acts or omissions, but shall not have control over or charge of and shall not be responsible for acts or omissions of the Contractor, Subcontractors, or their agents or employees, or of any other persons or entities performing portions of the Work. 2.7 The Architect shall at all times have access to the Work wherever it is on preparation or progress. 2.8 The Owner shall endeavor to communicate with the Contractor through the Architect about matters arising out of or relating to the Contract Documents. Communications by and with the Architect's consultants shall be through the Architect. 2.9 CERTIFICATES OF PAYMENT 2.9.1 The Architect shall review and certify the amounts due the Contractor and shall issue certificates in such amounts. 2.9.2 The Architect's certification for payment shall constitute a representation to the Owner, based on the Architect's evaluation of the Work as provided in Section 2.5 and on the data comprising the Contractor's Application for Payment, that the Work has progressed to the point indicated and that,to the best of the Architect's knowledge, information and belief, the quality of the Work is in accordance with the Contract Documents. The foregoing representations are subject 1)to an evaluation of the Work for conformance with the Contract Documents upon substantial completion, 2) to results of subsequent tests and inspections. 3) to correction of minor deviations from the Contract Documents prior to completion, and 4) to specific qualifications expressed by the Architect. 2.9.3 The issuance of a Certificate for Payment shall not be a representation that the Architect has 1) made exhaustive or continuous on-site inspections to check the quality or quantity of the Work, 2) reviewed construction means, methods, techniques, sequences or procedures, 3) reviewed copies of requisitions received from Subcontractors and material suppliers and other data requested by the Owner to substitute the Contractor's right to payment, or 4) ascertained how or for what purpose the Contractor has used money previously paid on account of the Contract Sum. 2.10 The Architect shall have authority to reject Work that does not conform to the Contract Documents. Whenever the Architect considers it necessary or advisable, the Architect shall have authority to require inspection or testing of the Work in accordance with the provisions of the Contract Documents, whether or not such Work is fabricated, installed or completed. However, neither the authority of the Architect nor a decision made in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the Architect to the Contractor, Subcontractors, material and equipment suppliers, their agents or employees or other persons or entities performing portions of the Work. 2.11 The Architect shall review and approve or take other appropriate action on all the Contractor's submittals such as Shop Drawings, Product Data and Samples, but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. The Architect's action shall be taken with v such reasonable promptness as to cause no delay in the Work or in the activities of the Owner, Contractor or separate contractors, while allowing sufficient time in the Architect's professional judgment to permit adequate review. Review of such submittals is not conducted for the purpose of determining the accuracy and completeness of other details such as dimensions and quantities, or for substantiating instructions for installation or performance of equipment or systems, all of which remain the responsibility of the Contractor as required by the Contract Documents. The Architect's review shall not constitute approval of safety precautions or, unless otherwise specifically stated by the Architect, of any construction means, methods, techniques, sequences or procedures. The Architect's approval of a specific item shall not indicate approval of an assembly of which the item is a component. 2.12 If professional design services or certifications by a design professional related to systems, materials or equipment are specifically required of the Contractor by the Contract Documents, the Architect shall specify appropriate performance and design criteria that such services must satisfy. Shop Drawings and other submittals related to the Work designed or certified by the design professional retained by the Contractor shall bear such professional's written approval when submitted to the Architect. The Architect shall be entitled to rely upon the adequacy, accuracy and completeness of the services, certifications or approvals performed by such design professionals. 2.13 The Architect shall prepare Change Orders and Construction Change Directives, Noir with supporting documentation and data if deemed necessary by the Architect for the 3 Owner's approval and execution in accordance with the Contract Documents, and may authorize minor changes in the Work not involving an adjustment in the Contract Sum or an extension of the Contract Time which are consistent with the intent of the Contract Documents. 2.14 The Architect shall conduct inspections to determine the date or dates of Substantial Completion and the date of final completion, shall receive from the Contractor and forward to the Owner, for the Owner's review and records, written warranties and related documents required by the Contract Documents and assembled by the Contractor, and shall issue a final Certificate for Payment based upon a final inspection indicating the Work complies with the requirements of the Contract Documents. 2.15 The Architect shall interpret and offer a professional opinion concerning performance of the Owner and Contractor under, and requirements of,the Contract Documents on written request of either the Owner or Contractor. The Architect's response to such requests shall be made in writing within any time limits agreed upon or otherwise with reasonable promptness. 2.16 Interpretations and professional opinions of the Architect shall be consistent with the intent of and reasonably inferable from the Contract Documents and shall be in writing or in the form of drawings. When making such interpretations and professional opinions, the Architect shall endeavor to secure faithful performance by both Owner and Contractor, and shall not be liable for results of interpretations or decisions rendered in good faith. 2.17 The Architect shall render professional opinions on claims, disputes or other matters in question between the Owner and Contractor as provided in the Contract Documents. However, the Owner's decisions on matters relating to aesthetic effect shall be final if consistent with the intent expressed in the Contract Documents. PHASE ONE SUBTASKS (Basic Services) Post Design Architectural Services: The objective of post design architectural services is to assure that construction of the Project is carried out in accordance with the intent of the design and the requirements of regulatory agencies. The architectural services that are needed during construction to be performed by the architect consist of the following subtasks for Phase 1: • Project Administration • Project Coordination • Pre-bid Meeting • Assistance in writing Bid Addenda • Attend Pre-Construction Meeting • Project Meetings - Construction progress and coordination • Issue Resolution and RFI's • Shop Drawing and submittal review • Field Inspection/Construction Observation 4 • Testing Observation • Record Drawings (as-builts) As the Owner, the City will be the central point of contact for the Architect. Instructions to the Contractor will be issued by the City per the construction contract. Subtask I - Project Administration The Architect will provide administrative services to facilitate construction activities and communicate with the City's Project Manager regarding the construction progress. These tasks will include attending weekly construction meetings, special coordination meetings, taking construction photographs, reviewing Contractor's redline markup as-built drawings on an on-going basis, coordination with City Project management and coordination, maintain, records and reports of construction inspection and testing activities, and general document maintenance and management. The Architect will maintain a log of all work items, including requests for information(RFIs), submittals, alternates, claims, etc. Subtask 2 - Project Coordination The Architect will coordinate with the City's Project Manager and the Contractor to establish requirements for written Work Plans prior to construction work which may require traffic interruptions. The Architect will review Work Plans presented by the Contractor to verify that they include sufficient detail and appropriate provisions to provide continuity of service and operations during the work in accordance with the City requirements should traffic interruptions occur. The City's Project Manager and Architect Project Team will review and approve the Work Plans and will inspect the execution of these activities. Work plans will be submitted to both the Architect and Project Manager. Subtask 3 - Pre-bid Meeting The Architect and the City's Project Manager will attend the mandatory pre-bid meeting and ensure the recording of attendees, questions, clarifications and requests for information. The City's Project Manager will ensure all attendees receive copies of all questions, clarifications and requests for information. Subtask 4 — Assistance in Writing Bid Addenda The Architect will assist in writing all bid addenda resulting from the mandatory pre-hid meeting. The City's Project Manager will ensure all attendees receive copies of all bid addendums two weeks prior to the bid deadline. Subtask 5 —Attend Pre-Construction Meeting The Architect will chair and arrange the pre-construction meeting, and assign duties to resolve anticipated barriers in the smooth flow and timely completion of the project. Subtask 6 — Project Meetings and Conferences 5 The Architect will attend, on an as needed basis, the meetings identified below. Other Project team members will be requested to attend meetings as deemed necessary. Meetings attended by the Architect include: 1. Construction Progress Meetings - on a bi-weekly basis (attended by key Project team members) as necessary. These meetings will be scheduled and coordinated by the Contractor. 2. Work Coordination Meetings - on an as-needed basis. These meetings will be scheduled and coordinated by the Architect. 3. Issue and RFI Resolution Meetings - on an as-needed basis. These meetings will be scheduled and coordinated by the Architect. Subtask 7 - Issue Resolution and Requests for Information(RFIs) The Architect will act as main point of contact to the Project Manager and will be responsible for routing and maintaining records of Requests for Information(RFIs). The Architect will maintain a log of RFIs for monitoring the status and timeliness of responses. The Architect Project team will assist with the RFI response development in relation to their area of design responsibility with the Architect issuing the completed response to the Contractor and City. The Architect will issue interpretations and clarifications of the requirements of the Contract Documents, as requested by the Contractor in a RFI or other format as deemed suitable by the City Project Manager, to facilitate proper fabrication, construction, or installation of the work. The Architect will evaluate, at City request, Contractor's claims to determine if they are justified under the Contract and will review Contractor's proposals for additional compensation and/or time relating to changes or claims. The Architect will assist with the claim reviews as required. Subtask 8 — Shop Drawing and Submittal Review The Architect will review product data, shop drawings, samples, test results, operations and maintenance manuals, and other data that the Contractor is required to submit. Submittals will be transmitted, processed and filed electronically. The Architect will be responsible to distribute the submittals to the City's Project Manager. The Architect will consolidate comments for multidiscipline submittal reviews for issuance to City's Project Manager. Subtask 9 Site Visits - The Architect's team members' architecting staffs and/or the City's Project Manager will conduct occasional, periodic visits to the site to make spot checks of work-in- progress, review site conditions in response to an RFI or changes or to assist in coordination of construction issues requiring their attention. Coordination- The Architect and Project Manager will monitor construction activities and, in close coordination with the Contractor, will coordinate for Quality Assurance (QA) testing and inspection to be conducted at the appropriate hold-points. This includes inspections by building inspectors and others, as appropriate. Copies of special inspection and testing reports, and of approved changes, will be maintained at the project site for review. Subtask 10 - Pay for Performance Applications and Final Inspection As outlined in the bid documents,the Architect will coordinate with the City's Project Manager to verify work completed, and review and submit pay applications to the City for payment to the Contractor. 6 Substantial and Final Completion Inspections - The Architect will coordinate with the City and conduct inspections jointly with the City and the Contractor to determine if the Project is substantially complete and will, before issuing a Certificate of Substantial Completion, submit to Contractor a list of observed items requiring completion or correction(punch list). Upon verification that the City is in agreement with the Substantial Completion determination, the Architect will issue the Certificate of Substantial Completion and the punch list. The Architect will conduct a final inspection to determine if the finished Work has been completed to the standard required by the Contract Documents and that Contractor has fulfilled its obligations as required. This inspection will be based on the punch list and any other functional or operational deficiencies that occur in the time period between when the punch list is generated and the Final Inspection. The Architect will produce all supporting documentation,test results and supporting data, and will apply for and obtain a certificate of occupancy for Phase 1. Subtask 11 - Record Drawings(as-builts) The Architect will develop record drawings based on Contractor field notes and redlines and as-built field changes provided by the Contractor. The drawings will be updated in CAD and delivered to the City as .pdf, .dwg or .dgn electronic files and hard copies as indicated below. Deliverables: • Three (3) 22" x 34" copies of the Record Drawings for review • One (1) 22" x 34" Mylar set of the Approved Record Drawings • One (1) CD containing: -Record Drawings in Adobe .pdf, .dwg or .dgn electronic format. -Record Drawings in .dwg or .dgn format including the base file and sheet files. Sheet • files will be provided in the same format used by the Architect to produce the record drawings set in its hard copy form. -AutoCAD .ctb file I propose to provide these services, billed hourly, for a maximum fee for Phase One of$27,500 plus $4,000 allowance for expenses. • Sincerely. William Otwell, AIA See Attachments A, B & C 7 Attachment "A" Definitions Agreement—the document stating the terms of the contract between the parties. kitaw Architect—designation for a person professionally qualified and licensed to perform architectural services. Basic Services—as described in Subtasks 1 — 11. Contract—legally enforceable agreement between two or more parties. Construction Documents—drawings and specs that set forth in detail requirements for the construction of the project. Contractor—the person or entity responsible for performing the work under the contract for construction. Contract sum—the sum that is indicated in the agreement that is the total amount payable by the owner to the contractor for the performance of the work. Construction Change Directive—a written order prepared by the architect ad signed by owner and architect that directs a change in the work and states a proposed basis for adjustment, if any, in the contract sum or time. Change Order—amendment to the construction contract signed by the owner, architect and contractor that authorizes a change in the work or adjustment in the contract sum or time or both. Certificate for Payment—a statement from the architect to the owner confirming the money due the contractor for a specified period. General Conditions —that part of the contract documents that sets forth many of the rights, responsibilities and relationships of the parties,"those provisions common toconstruction projects. Product Data— illustrations, performance charts, instructions, diagrams and other information furnished by a contractor to illustrate a material, product or system for some portion of the work. Samples—physical examples that illustrate materials or equipment. Shop Drawings—data specially prepared for the work to illustrate some portion of the work. Substantial Completion—the stage in the progress of the work when the work is sufficiently complete. Subcontractor—person who has direct contact with the contractor to perform any of the work at the site. Work—the construction and services required by the contract documents, including labor, equipment, materials and services. 8 Attachment "B" Fee Schedule HOURLY RATES Principal: Bill Otwell $150.00 Project Architect: Wayne Sanford $ 85.00 CAD Draftsperson: Brian Piper $ 65.00 Clerical:Sheri Miller $ 40.00 POSITION DIRECT 0/H (160%) PROFIT(8%) BILLING RATE LABOR Principal 53.42 85.47 11.11 150.00 Proj Architect 30.27 48.43 6.30 85.00 CAD Draftpersn 23.15 37.04 4.81 65.00 Clerical 14.24 22.80 2.96 40.00 9 .nr k Attachment "C"Cost Estimates, breakdown 1. Project Administration - $4,870. 2. Project Coordination- $4,845. 3. Pre-bid Meeting - $705. 4. Assistance in writing Bid Addendums - $1.650. 5. Attend Pre-Construction Meeting - $705. 6. Project Meetings - Construction progress and coordination - $3,055. 7. Issue Resolution and RFI's - $1,500. 8. Shop Drawing and submittal review- $2.660. 9. Field Inspection/Construction Observation- $3,760. 10. Testing Observation - $1,200. 11. Record Drawings (as-builts) - $2,550. • 10 Oh L O 0O O in 00 l00 00 0 CO CO h LO h 0 in lD N 0 V1 V' ch V ri VI M .-� N M ,--I 0 VI. V} tr. in. V} V? VI V1 U Y J Q H O N � k O (JD O O N e O 0 coW ia/1. u O N O: O O O O H O O O L O '_ S41 cx) U1 M lD M ti IN-I cr l0 O hr-i LW1-4 H 2 L UCC N Q o0 v� O cc a 000 ono m Up m rn 0 0 t 00 d = Z ^' .1 2 0 c ea c v' p to c ;., v ` v or 4 .0 o N 0 L. }' �i o m +, U. .0 N c W 0 12.0 oin 00 C 00, C C ,�: a •n- v~1 2 N a l~n 0 U (A a v~i m v~i c 0 v~i V 0 d CZI Q0 U0 2u • u0 a0 20 00 '§- 0 a0 p0 Ii H H H H ta � a o <t c ¢ ca v F- F- ❑ F- F- '" F- a mm n m ii m mO LO V) h VI CO 01 VI r-1 IA 0 �^ o N O of u'1 N o rn N O N l-1 th O OOi M ei 4.4 O 0 O 0 U1 Tti N . V} -c N f0 0.1 I O• ~ 0 Jce m F- I— O O COUNCIL AGENDA MEMO - July 23, 2013 I.J: DEPARTMENT: City Manager AGENDA ITEM: Approval of payment of FY 2014 dues to the Arizona League of Cities and Towns in the amount of $22,476.00 Approved By: Date: Finance Director: Mark Woodfill City Manager: Craig McConnell Summary u Approval of this item will authorize payment of League Dues and continue the City's membership benefits in this organization for FY 2014. Background The Arizona League of Cities and Towns (League) is a non-profit organization formed in 1937 to advocate on behalf of Arizona's incorporated cities and towns. The League represents the collective interests of 91 cities and towns at the State Legislature and provides timely information on important municipal issues through inquiry responsiveness; legal counsel; reports, newsletters and publications; training and workshops; annual state conferences and events; and networking opportunities to member cities. The League was created by Mayors in 1937; the City of Prescott was among the League's earliest members. During the legislative session and throughout the year, League staff meet with legislators and other groups to represent the interests of Arizona cities and towns. The League staff monitors and tracks bills of municipal concern that are introduced during the session and provides information, insight, and counsel to city leadership on this legislative activity. ' Technical assistance is provided to cities and towns through: a variety of methods including responding to phone inquiries, legal counsel, writing 'and editing technical publications and manuals, online services, archive collections and historical information. Financial Impact The FY 2014 annual dues, calculated on the basis of population, have been budgeted in the General Fund. The League invoice is attached. Recommended Action: MOVE to approve payment of FY 2014 dues to the Arizona League of Cities and Towns in the amount of $22,476. League of Arizona 1820 W. Washington • Phoenix, AZ 85007 • Phone (602) 258-5786 • Fax (602) 253. 3874 Email: league@mg.state.az.us • Web site: www.azleague.org Z'i�ties9Towns ANNUAL DUES STATEMENT for FY 2013-2014 THE LEAGUE OF ARIZONA CITIES AND TOWNS 1820 West Washington Street Phoenix, Arizona 85007 Phone: (602) 258-5786 City of Prescott Membership dues for the League of Arizona Cities and Towns for the fiscal year, July 1, 2013 to June 30, 2014, based on the 2010 census figures. Population @ 470 per capita Plus $3,750 base 39,843 x 0.470 = $18,726 3750 Dues Amount $22,476 TOTAL AMOUNT DUE $22,476 Please make checks payable to the League of Arizona Cities & Towns. Deadline for payment of membership dues is July 30, 2013. Thank you! COUNCIL AGENDA MEMO - July 23, 2013 DEPARTMENT: Airport AGENDA ITEM: Adoption of Resolution No. 4189-1400 to accept a Department of Homeland Security, Transportation Security Administration, Law Enforcement Officer (LEO) Reimbursement Program Other Transitional Agreement (OTA) for law enforcement presence at the Prescott Airline Terminal (City Contract No. 2014-004 A.L. Approved By: Lid `G• Department Head: Jeffrey Tripp7/10/2013 Finance Director: Mark Woodfill City Manager: Craig McConnell ?' I6 -C3 Item Summary This item is to accept a Department of Homeland Security, Transportation Security Administration, Law Enforcement Officer (LEO) Reimbursement Program Other Transitional Agreement (OTA) in an amount not to exceed $51.,100 to provide law enforcement presence at the Airline Terminal for compliance with federal security requirements. The Agreement provides for reimbursement of a portion of City security expenses incurred during the period from October 1, 2012, to September 30, 2013; and further financial support through September 30, 2015. The amount of federal contribution will be re-evaluated each year. Background The events of September 11, 2001, significantly impacted the commercial airline industry. This impact has had far reaching consequences to all aspects of aviation from the airlines, to the federal government, to passengers and to operators of commercial service airports. Prior to 9/11/2001 there were no law enforcement officers assigned to the Airport. The City received an initial award from the Law Enforcement Officer Reimbursement Agreement Program in 2008. As a result, the City hired 3 part-time LEOs assigned to the Airport to meet the requirements of staffing the Transportation Security Administration (TSA) checkpoint for the pre -board screening of airline passengers and baggage. As of May 1, 2013, Great Lakes Airlines has a total of 28 weekly scheduled departures. The first departure is scheduled for 5:10 a.m., with the last scheduled departure at 1:52 p.m. The airport has one checkpoint with one lane for TSA passenger screening, staffed with one City LEO. Each flight requires a minimum of two hours presence in the terminal to provide security before the flight. The LEOs presence provides for the safety and security of persons and property agaist acts of criminal violence or aircraft piracy and assists in preventing the introduction of TSA-prohibited items onto commercial aircraft. Agenda Item: Adoption of Resolution No. 4189-1400 to accept a Department of Homeland Security, Transportation Security Administration, Law Enforcement Officer (LEO) Reimbursement Program Other Transitional Agreement (OTA) for law enforcement presence at the Prescott Airline Terminal (City Contract No 2014-004) Financial The estimated cost for this program is $96,100 for the first year (2012-2013) with the City contributing $45,000 (47%) from the Airport Operating Budget, and a maximum reimbursement amount of $51,100 (53%) from the Department of Homeland Security. Over the three-year term of this agreement, the Airport Operating Budget will fund the City's share in the estimated amount of $135,000.00 while the Department of Homeland Security will fund the remaining $153,300.00. Program costs and the associated percentage breakdown for the second and third years of this OTA may or may not remain the same. The Airport will submit a separate request to Council for consent and approval for each contract term for Years Two and Three of the OTA. Attachments - DHS SOJO - Resolution No. 4189-1400 Recommended Action: MOVE to Adopt Resolution No. 4189-1400. K RESOLUTION NO. 4189-1400 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE CITY OF PRESCOTT, YAVAPAI COUNTY, ARIZONA, TO ENTER INTO A DEPARTMENT OF HOMELAND SECURITY TRANSPORTATION SECURITY ADMINISTRATION LAW ENFORCEMENT OFFICER REIMBURSEMENT PROGRAM OTHER TRANSITIONAL AGREEMENT TO PROVIDE LAW ENFORCEMENT PRESENCE AT THE PRESCOTT MUNICIPAL AIRPORT TERMINAL (CITY CONTRACT NO. 2014-004). WHEREAS, the City of Prescott is mandated by federal law to provide law enforcement support for the federal Transportation Security Administration's screening checkpoint at the airline terminal; and WHEREAS, the Department of Homeland Security has offered the City of Prescott a Reimbursement Program Other Transitional Agreement ("OTA") to provide partial reimbursement for law enforcement costs necessary to provide said security functions at the airline terminal; and WHEREAS, the Airport Operating Budget.will fund the City's portion of the non - reimbursable costs associated with providing law enforcement support at the airline terminal; and WHEREAS, it is the best interests of the public's health, safety and welfare to enter into this OTA. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF PRESCOTT AS FOLLOWS: SECTION 1. THAT the City of Prescott accepts the terms and conditions of the Department of Hometland Security Transportation Security Administration Law Enforcement Officer Reimbursement Program OTA to provide law enforcement presence at the Prescott Municipal Airport terminal to maintain compliance with federal security requirements between October 1, 2012 and September 30, 2013; and SECTION 2. THAT the Mayor and staff are hereby authorized to execute and enter into the aforementioned OTA. PASSED, APPROVED AND ADOPTED by the Mayor and Council of the City of Prescott, Arizona, on this of , 2013. MARLIN D. KUYKENDALL Mayor of the City of Prescott RESOLUTION NO. 4189-1400 ATTEST: LYNN MULHALL City Clerk APPROVED AS TO FORM: JON M. PALADINI City Attorney HSTS0213HSLR736 TRANSPORTATION SECURITY ADMINISTRATION LAW ENFORCEMENT OFFICER PROGRAM STATEMENT OF JOINT OBJECTIVES Attachment 1 City Contract No. 2014-003 This document defines the responsibilities and conditions that the Prescott, Prescott Municipal Airport (PRC ) (hereinafter referred to as the "Participant") agrees to as part of the Transportation Security Administration (TSA) Airport Law Enforcement Personnel Program, hereafter referred to as the "Program." This document also defines the responsibilities and participation of TSA. The authority to enter into this Agreement is granted by 49 U.S.C. §§ 106(m) and 114(m). TSA has programmatic authority for the activities undertaken in this Agreement pursuant to 49 U.S.C. §§ 114(g), 44901(g), 44903(e) and 44922(f). The effective date of the Agreement will be the date of the signature by the TSA Contracting Officer. The Participant agrees to provide qualified law enforcement services on -site at PRC during TSA screening checkpoint operating hours, and to provide law enforcement response to the passenger -screening checkpoints in keeping with requirements provided by TSA in accordance with the current Security Directive 1542-01-07 (series), regulations, and other authorities regarding law enforcement services. Funding provided under this Agreement is intended to support a highly visible LAW ENFORCEMENT OFFICER (LEO) presence through on -site flexible, fixed, or a combination of the two (hybrid) LEO support of the TSA screening checkpoints (as determined by the TSA Federal Security Director (FSD), in consultation with the Participant). The FSD, in consultation with the Participant, may direct a change in how the checkpoint is stationed as necessary based on changes in threat levels, surges, seasonality, and/or other circumstances. Regardless of their position or title, any individual who provides law enforcement support as outlined in this Agreement must possess all of the qualifications of a LEO set forth at 49 C.F.R. § 1542.217, while on duty at the airport.The TSA will provide partial reimbursement support for on -site response to TSA screening activities pursuant to the terms of this Agreement. At a minimum the Participant will ensure that the Law Enforcement (LE) service provider will: ➢ Support TSA's screening operations, including dealing with attempts to bring prohibited items through the checkpoint, disorderly persons and similar tasks. ➢ Follow an established LE response standard which is mutually acceptable to FSD, Participant and LE service provider. In addition, the FSD and the participant will determine the appropriate level of participation in TSA's Layered Security Programs (such as Risk Emphasized Flight Screening (REFS), Playbook, Screening Passengers by Observation Techniques (SPOT), Table Top Exercises, Breach Drills and Joint Vulnerability Assessments (JVAs)). Payment is subject to the availability of appropriated funds and compliance with the requirements of the applicable Security Directive(s), the Airport Security Plan (ASP), regulations, and other authorities regarding LE services as noted above. Should the Participant fail to comply with the provisions outlined in this Agreement, it may face full or partial forfeiture of payment and/or sanctions up to removal from the Program. FOR OFFICIAL USE ONLY Page 1 of 4 HSTS0213HSLR736 TRANSPORTATION SECURITY ADMINISTRATION RESPONSIBILITIES Based on the availability of funds, TSA will provide partial reimbursement to the Participant to offset the cost to carry out Aviation LE responsibilities in support of TSA screening activities. TSA will provide partial reimbursement of the actual/direct costs of "fully burdened" Police Patrol Officers or Equivalent salaries, up to the established "not -to -exceed" (NTE) ceiling. Fully Burdened Rate includes: - Base salary - Social Security 401(k)/403(b)/457 plans Disability Insurance Health care benefits - Pension - Life Insurance TSA will NOT cover overhead, overtime rates, or administrative costs. 2. The TSA will process Participant monthly invoices promptly after obtaining FSD signature certifying that work was performed in accordance with the Agreement. 3. The TSA will notify the Participant, promptly and in writing, of any changes in the points of contact for invoicing or other issues involving the Agreement. 4. The TSA will provide on an as -needed basis, as determined by the FSD or other TSA representative, training/briefings on relevant security and Law Enforcement topics. PARTICIPANT RESPONSIBILITIES IN SUPPORT OF TSA SCREENING ACTIVITIES: 1. The Participant agrees to maintain a law enforcement presence and response that is adequate to support each system for screening persons and accessible property. This law enforcement presence provides for the safety and security of persons and property against an act of criminal violence or aircraft piracy, and assists in preventing the introduction of TSA prohibited items. 2. The FSD, in consultation with the Participant, has determined that on -site LEO stationing is appropriate. Participant agrees to maintain one in the checkpoint(s) during the hours of screening checkpoint operations each day. This requirement is subject to change in accordance with the terms outlined in Paragraph #4 on page 1. FOR OFFICIAL USE ONLY Page 2 of 4 HSTS0213HSLR736 3. The Participant will provide monthly invoices to the FSD and to the Contracting Officer's Representative in the format provided by the LEO Reimbursement Program Office, detailing the number of hours of LE services provided, the actual hourly rate, and the total amount requested for reimbursement. Monthly invoicing consists of services provided from the 1st day of the month to the last day of the month. 4. Invoices must be submitted to the FSD no later than 45 days after the end of the invoiced period of performance. 5. The Participant will notify the FSD, promptly and in writing, of any changes to the points of contact for this Agreement or in the law enforcement agency providing the LE services. 6. The Participant will notify the FSD and LEO Reimbursement Program Office, promptly and, in writing, if for any reason the Participant desires to terminate participation in the Program. Resolution of specific details on outstanding issues will be accomplished on a case -by -case basis. 7. The Participant shall coordinate all media releases and other contact with or by media on the terms and conditions of this Agreement with the FSD. 8. The Participant will assist in the verification of LEO credentials as requested by the FSD or other TSA representative. 9. In accordance with Federal, State, and Local statutes, the participant will promptly furnish on request incident reports, police reports, and other information dealing with Aviation Security and/or each law enforcement response to transportation security 'incidents at the airport. 10. The Participant will fully cooperate with regulatory investigations. FOR OFFICIAL USE ONLY Page 3 of 4 HSTS0213HSLR736 11.OPTIONAL PARAGRAPH TO BE COMPLETED BY THE FSD IN CONSULTATION WITH THE PARTICIPANT: Describe any specific LEO support to be provided under this Agreement that is not included elsewhere in the SOJO but which would benefit TSA screening activities. Such support, based on the specific characteristics and security requirements of the airport, could include but is not limited to: a. LEO patrol of a particular area. b. Unique assistance to local TSA. C. Response time less than that specified in the ASP (do not include any SSI to include exact response time, reference a measure or percentage of what is required in ASP). Note that such additional activities may only Include those which can be performed during periods of TSA screening operations, and do not Interfere with the LEO Fs abillty to respond to incidents at the screening checkpoints. ATTACHMENTS The TSA may provide administrative and informational updates to the attachments (i.e., updates to the HQ Program Staff listing) without re -issuance of this Agreement. Any new attachment(s) or significant changes to the current attachments will be accomplished through written modifications as provided for in the Terms and Conditions of the Agreement. PROTECTION OF INFORMATION The parties agree that they shall take appropriate measures to protect proprietary, privileged, or otherwise confidential information that may come into their possession as a result of this Agreement, including Sensitive Security Information (SSI). Participant Signature, Authorizing Official Date Typed Name Federal Security Director (or designee) Typed Name Title Date Title FOR OFFICIAL USE ONLY Page 4 of 4 COUNCIL AGENDA MEMO - July 23, 2013 DEPARTMENT: Airport AGENDA ITEM: Approval of Change Order No. 4, City Contract No. 2011-015 A4, with Dibble Engineering for professional services associated with the Runway 21 L-3R Runway Safety Area Improvement Project in the amount of $70,977.28 Approved. By: udW. Department Head: Jeffrey Tripp7/10/2013 Finance Director: Mark Woodfill City Manager: Craig McConnell ?- l6-13 Item Summary This item is to enable payment for work performed by Dibble Engineering beyond the original scope set forth by the construction phase engineering services contract. The amendment covers construction management services provided after January 31, 2013. The project was originally scheduled to be completed by the construction contractor in November 2012. Background In April 2012 the City contracted with Dibble Engineering for construction administration and related professional services for the Runway Safety Project in an amount not to exceed $648,414.21. The three prior change orders involved project design work and attendance at a required FAA training conference. Change Order No. 4 is necessary to compensate Dibble Engineering for work beyond the original scope, and includes requests . for technical and contractual information, contractor change orders, and project close-out costs. In addition, Dibble Engineering has of necessity been required to spend extensive time explaining contract requirements, providing specification clarification, reviewing change order requests, and evaluating scheduling issues with the contractor. Budget Construction management expenses are grant eligible and will be reimbursed at a rate of 95% ($67,429) by the FAA; 2.5% ($1,774) ADOT; leaving 2.5% ($1,774) as the net cost to the City. At the end of the project, the Airport will submit a grant amendment to include the additional cost for construction management services. The FAA and ADOT have confirmed that the contract amendment with Dibble Engineering is eligible and will be reimbursed. With the City Council's approval of this request, the total Authorization of Services contract amount will increase by $70,977.28 to $879,500.44. Attachment - Dibble Engineering — Change Order #4 Agenda Item: Approval of Change Order No. 4, City Contract No. 2011-015 A4, with Dibble Engineering for professional services associated with the Runway 21 L-3R Runway Safety Area Improvement Project in the amount of $70,977.28 Recommended Action: MOVE to approve Change Order No. 4 (City Contract No. 2011-015 A4) with Dibble Engineering for the Runway 21L-3R Runway Safety Area Improvement Project in the amount of $70,977 28 K Cli YVoFt P�P�.);BCOTT F'hryh�/ri/IMlle.�• CHANGE ORDER PROJECT: Prescott Municipal Airport Prescott, Arizona RW 311-211. RSA Improvements TO CONSULTANT: Dibble Engineering 7500 N. Dreamy Draw Dr., Suite 200 Phoenix, AZ 85020 Runway 3R-21L RSA Improvements PRC Project No. 2010DB003 FAA AIP No. 3-04-0030-032 & -033 ADOT Proiect No. E1F52 & E2F97 CHANGE ORDER NO: 04 PRC Project No. 2010DB003 ADOT Project No. E11`52 & E21`97 FAA AIP No. 3-04-0030-032 & -033 CONTRACT DATE: April 3, 2012 NOTICE TO PROCEED DATE: April 10, 2012 The Contract is changed as follows: Consultant shall provide all labor, materials, equipment, services, transportation, utilities, and facilities to perform all of the following changes: Additional, continued CA services from the Dibble Engineering team to meet the needs of the Prescott Municipal Airport to cover the following: • The original construction completion date was set for November 2012. Change Order No. 3 was approved to cover extension of construction to be completed in mid -January 2013. However, the construction schedule continued to slip resulting in a substantial completion date of March 15, 2013; an additional construction schedule extension of approximately two (2) months resulting in additional administrative effort. • Continuing additional effort.and unanticipated time spent coordinating with the Contractor, City, and Airport explaining contract requirements, project specification clarification, review of change order requests, requests for additional information, extended construction administration, observation, site visits, and evaluating schedule issues and impacts; all of which has been substantially more than scoped for in the original CA contract or previous change order requests. This Change Order shall constitute a final settlement of all matters relating to the change in the work that is the subject of the Change Order, including but not limited to all direct or indirect costs associated with such change, all delay and disruption costs, any impact such change may have on unchanged work, and any and all adjustments to the Contract Sum or the Contract Time. This Change Order supersedes all prior reservations stated or implied. Is this a FAA funded grant? YES Is this an ADOT funded grant? YES Are the items in this Change Order grant eligible? YES FAA APPROVAL [ ] This approval is subject to the availability of Federal funds and limitations of the Grant Agreement. [ ] This approval is subject to the availability of Federal funds and limitations of the Grant Agreement and comments in our letters dated March 15, 2011 and September 13, 2011 . [ ] This approval is for record purposes only, with no Federal participation. Change Order Page CO-1 PRC RW 3R-21L RSA Improvements c�m�PitESCO'1`T F.ar,if(ewetew. Runway 3R-21L RSA Improvements PRC Project No. 2010DB003 FAA AIP No. 3-04-0030-032 & -033 ADOT Project No. E1F52 & E2F97 NOT VALID UNTIL SIGNED BY THE OWNER AND CONTRACTOR The Original Consultant CA Contract Sum was............................................................................ $648,414.21 Net change by previously authorized Change Order(s)................................................................ $160,108.95 The Contract Sum prior to Change Order No. 4 was.................................................................... $808,523.16 The Contract Sum will be increased by Change Order No. 4......................................................... $70,977.28 The New Contract Sum including Change Order No. 4 is.............................................................$879,500.44 The previous Contract Time will be changed. Dibble Engineering Ll BY - Date 5.30.13 Kenneth L Snyder It's Vice President FAA By Date It's Change Order Page CO-2 PRC RW 3R-21L RSA Improvements Prescott Municipal Airport/City of Prescott By Date It's ADOT By Date i It's D*Ibble Engineering* May 13, 2013 Prescott Municipal Airport Ernest A. Love Field 6546 Crystal Lane Prescott AZ 86301 Attention: Mr. Jeff Tripp Community Development Director RE: ENGINEERING SERVICES PROPOSAL Authorization of Services No. 3 Construction Phase Services Change Order Request No 4: Additional Construction Administration RW 21L-3R Runway Safety improvements PRC Proiect No. 2010 D8003 7500 North Dreamy Draw Drive Suite 200 Phoenix, Arizona 85020 phone 602.957.1155 fax 602.957.2838 www.dibbiecorp.com We appreciate the opportunity to provide additional construction administration services to meet the needs of Prescott Municipal Airport. The additional construction administration services are needed due to the extended effort required to close-out the project. The project completion was determined to be around the first week of May 2013, approximately four months later than originally anticipated, (an additional two months beyond what was anticipated for Change Order Request No. 3 based on the Contractor's submitted project schedule at that time). We have also included, (as an Allowance Item), effort to continue coordinating with and supporting the City of Prescott and the Airport through miscellaneous contractor claims. This effort cannot be worked without prior approval from the City/Airport. The Dibble Engineering team additional efforts have been spent coordinating with the Contractor regarding contract requirements, providing specification clarification, reviewing change requests, evaluating schedule issues and impacts, providing additional daily on -site observation and inspections, additional construction administration, coordination and attendance at additional construction meetings, coordination of claims, etc. We are proposing an additional time -and -materials not -to -exceed fee of $50,977.28 to close-out the project. We are also proposing an Allowance of $20,000 for contractor claim supportive services. Transmitted herewith are the Fee Summary, Derivation of Fee Proposal Summary and Estimated Manhours for the members of the team that were required to exceed their original limits. We greatly appreciate the opportunity to work with Prescott Municipal Airport and are excited to be a part of this critical safety improvement project. If you need additional information or have questions, please do not hesitate to call. Sincerely, Dibble En ineering Steven E. Rex, P.E. Chief Operations Officer Enclosures k J 2 � q §� ® Q o § m _ k ) k k k } LA) ) } } 2 f t E f § r ) C I $ m � 6 V E° $ > I \ $ § $ Q c U Cc, » 2 k to ) k : § J $ � §LU \ $ k f % m $ 2 d � ƒ k ƒ a k 2 § 00$ \ §$ d �$ « - LA § ƒ U. k k h0 gM Firm: Dibble Engineering Contract Number: 2011-15 On -Cali Architectural/Engineering Services FY10-FY13 AOS No. 3 PROJECT: RW 311-211. Runway Safety Improvements PRC Project Number: 2010 DB003 Construction Administration Services Amendment Number: 4 Prescott Municipal Airport, Ernest A. Love Field FAA Number: 3-04-0030-032/033 DATE: 05/13/13 ADOT Number: E1F52 & E2F97 DERIVATION OF FEE PRUPUSAL,UIIVIil 1%KT A. BASIC FEE Direct Labor Classification Manhours Labor Rate Costs 1 Project Principal 0 $57.60 S 0.00 2 Project Manager 34 $49.04 $ 1,667.36 3 Senior Engineer 0 $40.38 $ 0.00 4 Engineer 107 $35.94 $ 3,945.58 5 Designer 92 $25.75 $ 2,369.00 6 Assistant Engineer 0 $26.06 $ 0.00 7 RLS 0 $23.72 $ 0.00 8 Admin Assistant 1 0 $18.00 1 $ 0.00 J(Total 233 hrs II a. Total Labor........................................................................................ $7,881.94 b. Overhead at ........................................... 177.84% .................... $14,017.24 c. Subtotal Labor + Overhead............................................................... $21,899.18 d. Net Fee ................................................... 10.0% of c . ............. $2,189.92 e. Rose Fee Subtotal.......................................................................... $24,089.10 B. ALLOWANCE FOR DIRECT COSTS (Dibble Engineering) (Listed by Item at Actual Cost - NO MARKUP) Item 1 Mileage...................................................................................................................... 2 Per Diem..................................................................................................................... f. Sub -Total Allowances for Direct Costs ......................................... $336.00 Cost 180.00 T&M 156.00 T&M C. ALLOWANCE FOR ADDITIONAL COSTS, OUTSIDE SERVICES & SUBCONSULTANTS Method of Item Cost Compensation 1 _ Construction Management & Night-time Inspection(Orldian)........................ $ 21,052.18 Time -and -Materials 2 RW 21L-3R Construction Special Services (Nicholas J. Pela)............................. 5 5,500.00 Time -and -Materials 3 Contractor Claim Support and Coordination (Team, Allowance) ..................... $ 20,000.00 Time -and -Materials g. Sub -Total Allowance for Add'1 Costs: ..................... I..................... $46,SS2.18 D. TOTAL FEE IOTA! FEE . . (e. + f. + g.) $70,977.28 Firm: Dibble Engineering Contract Number: 2011-15 On -Call Architectural/Engineering Services FY10-FY13 ADS No. 3 PROJECT: RW 3R-211 Runway Safety Improvements PRC Project Number: 2010 D8003 Construction Administration Services Amendment Number: 4 Prescott Municipal Airport, Ernest A. Love Field FAA Number: 3-04-0030-032/033 DATE: S/13/2013 ADOT Number: EIF52 & E2F97 ESTIMATED MANHOURS TASK PRINCIPAL SR PROJECT SR. PROJECTI PROJECT DESIGNER ASSISTANT CAD ADMIN TOTAL IN -CHARGE MANAGER ENGINEER ENGINEER ENGINEER TECH ASSISTANT HOURS 1 Project Management & Admin. 0 2 Preconstruction Conference 0 3 Shop Drawing Reviews 0 4 RFI Reviews 0 S Change Order Request Reviews 4 16 20 5 Weekly Site Visits/Meetings 18 18 6 Monthly Site Visits 0 7 Earthwork Quantity Verification 4 10 18 32 8 Final Inspections & Punchlists 12 18 30 9 Final Record Drawings 8 16 64 88 10 Final Engineer's Construction Report 4 20 10 34 11 Modifications to Drainage Report 2 9 11 TOTALS 0 34 01 107 92 770 0 0 233 Firm: Dibble Engineering Contract Number: 2011-15 ADS No. 3 PROJECT: RW 3R-21L Runway Safety Improvements PRC Project Number: 2010 D6003 Construction Administration Services Amendment Number: 4 Prescott Municipal Airport, Ernest A. Love Field FAA Number: 3-04-0030-032/033 _ ADOT Number: E1F52 & E2F97 (ESTIMATED ALLOWANCE FOR DIRECT COSTS ' Miscellaneous Check Printing is included in operational overhead. a. 1 Submittal of 0 sheets = 0 Sheets @ $2.00 /sheet ...................... $0.00 (Full -Size Bond Record Drawings) $0 b. 1 Submittal 0 sheets = 0 Sheets @ $0.50 /sheet ...................... .00 (True %-size copies) 2 per submittal of the entire set) c. 0 Submittal 0 @ 0 Sheets @ $10.00 /sheet...................... $0•00 (Final Mylar submittal) $0.00 d. 0 Plotting @ 0 Sheets @ $1.50 /sheet ...................... e. 0 Submittals for Spec Book @ 600 Sheets @ $0.06 /sheet ...................... $0•00 (2 copies @ 300 pages each) f. 1 Submittals for Eng. Report @ Sheets @ $0.60 /sheet ...................... $0•00 (2 copies @ 60 pages each) Total $0•00 USE $0•00 a. 2 Trips @ - 200 Miles @ $0.445 /mile $178 USE $180 3 Meals a. 2 Days @ $ 39 /day @ 2 People 156.00 4 Lodging a. 0 Nights @ $ 81 /night @ 2 People 0.00 TOTAL $336.00 RIDIAN Is CONSTRUCTION SERVICE®, LLC May 2, 2013 Dibble Engineering Attn.: Mr. Ken Snyder 7500 N. Dreamy Draw, Suite 200 Phoenix, AZ 85020 Re: Prescott Airport RSA Improvement Project Request for Change Order No. 3 for Construction Management Services Oridian is requesting an additive change order to our construction management services contract. Following Is a breakdown of the remaining work to be completed: Elliott: March Pay App Review 16 Final Pay App Review 16 Final Quantity Verifications 8 Engineer's Final Report 8 Package Close -Out Docs 16 Write Final Change Order 8 Total 72 x $149.28 = $10,748.16 Rov: Hours Deducted From March Pay App 20 Punch List Inspection 8 Final inspection 8 Quantity Verification 30 As -Built Review 16 Total 82 x $126.45 = $10,368.90 Mileage / Per Diem Estimate = $600.00 Less Balance remaining in contract ($64.88) Total OCS Fee to Complete Project = S22,02.21111 Oridian requests a change order in the amount of $21,052.18 in order to complete our contractual requirements for this project. Sincerely, . O�RIDyIAN CONSTR ON SERVICES, LLC KC Bran DATE: 04/29/13 FIRM: Oridian Construction Services PROJECT: Prescott Municipal Airport RSA Construction Management Services DERIVATION OF COST SUMMARY ESTIMATED DIRECT LABOR Estimated Classification Manhoun: Rate CONTRACT NO.: PROJECT NO.: 121006 Change Order Request # 3-R7 Labor Costs Project Manager 72 $50.72 $ 3,652 Resident Engineer 82 $42.80 3,510 Senior Inspector 0 $28.50 0 Building inspector 0 $0.00 0 Secretary/Clerical 0 $0.00 0 0 $0.00 0 Total 154 Total Estimated Direct Labor $ 7,161 ESTIMATED ALLOWANCE FOR DIRECT COSTS (Listed by Item at Estimated Actual Coat - NO MARKUP) 1. Lodging & Per Diem Allowance 2. Mileage Allowance 600 Sub -Total Allowances for Direct Costs $ 600 SUBCONSULTANT SERVICES Sub -Total Allowances for Subconsultants $ 0 TOTAL ESTIMATED COST TO CONSULTANT Estimated Direct Labor $ 7,161 Overhead a 167.58% $ 12,001 Profit a 10% $ 1,916 Direct Costs $ 600 Subconsultant Costs $ 0 TOTAL ESTIMATED FEE Is 21,6791 FIRM: Oridian Construction Services PROJECT Prescott Municipal Airport RSA Construction Management Services DATE: 29-Apr--13 ESTIMATED MANHOURS PROJECT RESIDENT SENIOR BUILDING SECRETARY/ TOTAL PHASE MANAGER ENGINEER INSPECTOR INSPECTOR CLERICAL HOURS Pre -Construction Activities 0 1) Preconstruction conference, project start-up 0 2) Document pre -construction site conditions 0 3) Process submittals, Initial schedule, etc. 0 0 Construction Administration Activities 18 18 1) Process submittals, RFis, etc. 0 2) Maintain project documentation 0 3) Evaluate potential changes and extras 0 4) Review and approve payment applications 0 5) Prepare FAA reports 0 8) Lead progress meetings, write reports 0 7) Conduct pre -activity workshops 0 8) Monitor schedule and budget 0 9) Coordinate with Engineer and Airport 0 0 Construction Inspection Activities 20 2 1) Oversee Inspectors and review daily reports 0 2) Coordinate QA testing & special Inspections 0 3) Enforce provisions of contract documents 4) Review QC and CIA reports for compliance 0 0 Project Close -Out Activities 56 62 11 1) Pre -final and final inspections 2) Certificates of substantial and final completion 3) Review contractor as-builts for accuracy I 4) Certify final pay quantities 5) Prepare final documentation & Engineer's Report 0 0 0 0 0 0 TOTALS 1 72 821 01 01 01 0 154 Nicholas ). Pela 8t Associates Airport Consultants March 20, 2013 Ken Snyder, PE DIBBLE ENGINEERING 7500 N. Dreamy Draw Drive, Suite 200 Phoenix, Arizona 85020 RE: Ernest A. Love Field/Prescott Municipal Airport Dibble Project Number 101034.03 NJP Project Number PRC.005 City of Prescott #2011-15, 2010 D13003 Ken: We are herewith requesting an amendment to our subconsultant agreement to cover additional services that are necessary to complete our assigned tasks on the referenced project. The additional services that will be covered by the requested amendment include the following: • Revisions to the Airport Layout Plan made necessary by retaining the RWY 3R blast pad as a construction change order; Revised airspace analysis for the RWY 311 Threshold Siting Plane and revisions to the Airport Layout Plan made necessary by an 11' planning -to -construction difference in the RWY 311 displaced threshold location (preliminary planning used a 390' displacement, but the design plans retained the existing location which resulted in a 379' displacement); • Preparation of a Runway Data Form, at the request of the Airport; • Review and revision of the Airport Facility Directory submittal form, at the request of the Airport; • Additional coordination and project management necessitated by the above listed tasks. We are requesting an increase in our fees of $5,500.00 to cover the cost of these additional services. Sincerely, NICHOLAS J. PELA & ASSOCIATES Nicholas J. Pela, Senior Consultant 2930 East Northern Avenue, Bldg A-100 - Phoenix, Arizona 85028 (602) 349-9967 nicholas.pela@nicholaspela.com Mulhall,Lynn From: Ripley,Linda Sent: Friday, July 12, 2013 4:35 PM To: and@azgat.com 14 Cc: Mulhall,Lynn Subject: PRR for 2184 Clubhouse Dr. Dear Mr. Dominguez, The City Building Department does not have any open permits for the above referenced property. I have not received a response from Code Enforcement but I will forward that information as soon as I receive it. Thank you. i � i Legal Administrator City Attorney's Office City of Prescott (928) 777-1211-Direct Line Statement of Confidentiality: The contents of this e-mail message and any attachments are confidential and are intended solely for the addressee. The information may also be legally privileged. This transmission is sent in trust, for the sole purpose of delivery to the intended recipient. If you have received this transmission in error, any use, reproduction or dissemination of this transmission is strictly prohibited. If you are not the intended recipient, please immediately notify the sender by reply e-mail and delete this message and its attachments, if any. Email is covered by the Electronic Communications Privacy Act, 18 USC §§ 2510-2521 and is legally privileged. COUNCIL AGENDA MEMO - July 23, 2013 DEPARTMENT: Airport AGENDA ITEM: Approval of Change Order No. 11, City Contract No. 2012-183 A11, with A. Miner Contracting, Inc., for construction of the Runway 21 L-3R Runway Safety Area Improvement Project in the amount of $26,272.52 Annroved Bv: Date: De artment Head: Jeffre Tri 7/10/2013 Finance Director: Mark Woodfill City Manager: Craig McConnell 7- / 6 -13 C6 Item Summary This request is for approval of Change Order No. 11 to the construction contract between the City and A. Miner Contracting for the Runway 21 L-3R Runway Safety Area Improvement Project. Background The construction contract for the Runway 21 L-3R Runway Safety Area Improvement Project was awarded to A. Miner Contracting, Inc., on March 27, 2012, in the amount of $7,892,152.06. The Notice to Proceed was issued to the Contractor on May 8, 2012. Change Orders 1, 2, 4, 6 and 8 were approved administratively; Change Orders 3, 5, 7, 9 and 10 were previously approved by Council. Change Order #1 was for a decrease in the contract amount of $2,927.91. This modification to the contract allowed an existing section of asphalt concrete pavement at the Runway 3R end to remain (not be removed). Because this change order was less than $10,000 it was approved administratively. Change Order #2 involved a minor change to the contract specifications at the request of the contractor and was approved by the engineer, resulting in no change in the contract price, and was approved administratively. Extensive coordination and discussion among the City, the Engineer and FAA Technical Operations occurred during the design phase. The Reimbursable Agreement (RA) with the FAA (approved by Council 4/17/12) for relocation of the Navigational Aids included several scope items that the FAA required be included in the contract with A. Minor Contracting, Inc., the FAA originally indicated they would complete these items; however, the agency later required that the airport accomplish the additional tasks indicated in the RA. Change Order #3 was for the removal and salvage of the existing FAA Navigational Aids (NAVAIDS) consisting of the Glide Slope, Medium Intensity Approach Lighting System (MALS) and Runway End Identifier Lights (REIL) resulting in a net increase to the contract in the amount of $50,439.33. Agenda Item: Approval of Change Order No. 11, City Contract No. 2012-183 A11, with A. Miner Contracting, Inc., for construction of the Runway 21 L-3R Runway Safety Area Improvement Project in the amount of $26,272.52 change Urder #4 was for the removal and replacement of the REIL power equipment from an existing foundation to new foundations. This issue was not identified during design but was discovered after the start of construction. This change order resulted in a net increase to the contract in the amount of $4,490.48. Because this change order was less than $10,000 it was approved administratively. Change Order #5 was for the replacement of airfield signage bases during the installation of the paved runway shoulders. The scope of the project included the construction of runway shoulders, requiring changes at existing sign base locations. During the design phase it was estimated that two (2) existing bases would have to be replaced rather than adjusted, however, the exact number could not be determined without excavating all of them. The contractor ultimately replaced sixteen (16) sign bases at a cost of $52,031.25. The line item was originally bid at $9,200 resulting in a net increase to the contract in the amount of $36,781.25. Change Order #6 was for the installation of reverse thrust blocks needed to plug the termination ends of an existing 8-inch city waterline in two separate locations. This item was identified and requested by the City Water Department after the design was completed and the construction contract has been awarded. This change order resulted in a net increase to the contract in the amount of $6,000. Because this change order was less than $10,000 it was approved administratively. Change Order #8 was for the installation of two (2) new vehicle gates in the new perimeter security fence. These gates are needed by FAA maintenance personnel to access the FAA's navigational aid equipment, however, the original project plans did not call for the installation of these gates. This change order is a net increase to the contract in the amount of $2,405.79. Because this change order was less than $10,000 it was approved administratively. Change Order #7 was for the placement of controlled low strength material (CLSM), in lieu of granular backfill, within the removal limits of existing storm drain pipes across Taxiway Delta. The Engineer specified the use of CLSM for this taxiway crossing in the approved plans, however, the Technical Specifications document which take precedence over the Plans, allowed the Contractor to bid alternate materials. The Contractor was entitled to the difference in the cost between the two materials for a net increase to the contract in the amount of $12,231.50. Change Order #9 was for a required modification to the Airport Lighting Control and Monitoring System (ALCMS) and for the placement of additional CLSM in storm drain excavations across Runway 12-30. The modification of the ALCMS was included in the contract as an allowance item; the actual cost of the work was not known when the bid documents were prepared. The difference between the contract allowance and the actual cost was $18,889.57. This work is required for the existing ALCMS to operate the new lighting and electrical equipment installed during this project. 2 Agenda Item: Approval of Change Order No. 11, City Contract No. 2012-183 A11, with A. Miner Contracting, Inc., for construction of the Runway 21 L-3R Runway Safety Area Improvement Project in the amount of $26,272.52 Additional CLSM was used to expedite the installation of storm drain pipes underneath Runway 12-30 in lieu of installing granular backfill. This option provided the least impact to normal operations because a shorter runway closure period was necessary through the use of CLSM. The increased cost of CLSM in lieu of the granular backfill was $24,421.85. The two items resulted in a total net increase to the contract in the amount of $43,311.42. Change Order #10 was for work required by the City's Public Works Department relating to the abandonment of a waterline which crosses underneath Runway 21 L-3R. The abandonment reduces the need for waterline maintenance access and the resulting disruptions to normal airport operations when maintaining an infield water hydrant for fire protection services on the airport. While this abandonment was part of the original plans,. the Water Department later had water quality concerns regarding this dead-end hydrant line and requested the addition of a backflow preventer to isolate the on -airport fire line from the water main feeding it outside the airport. This request was received after the project bids were received. The change order resulted in a net increase to the contract in the amount of $36,045.75. Change Order #11 is for work to seal coat pavement areas where paint markings were previously obliterated -and re -stripe portions of the runway. The seal coat is required to re -seal those affected pavement areas to prevent the pavement from failing and the asphalt becoming loose and potentially damaging aircraft. The Federal Aviation Administration and the Arizona Department of Transportation reviewed the change order request and provided their approvals to proceed with Change Order 11 as specified. Financial The net increase of Change Order 11 is $26,272.52. The City's share of the change order is $656.81. The net increase of all contract Change Orders (1 through 11) is $215,050.13 ($188,777.61 + $26,272.52). This is an overall contract increase of 2.7%. Of the total change order costs to date, the City's additional cost is $5,376.25 (2.5%); ADOT's additional cost is $5,376.25 (2.5%); and FAA's additional cost is $204,297.63 (95%). Attachment - A. Miner Contracting — Change Order #11 Recommended Action: MOVE to approve Change Order No. 11, City Contract No. 2012-183 A11, with A. Miner Contracting, Inc., for the 21L-3R Runway Safety Area Improvement Project in the amount of $26,272.52. K 1� cnm OPI'I?ESC T'1' 6 1 ;111'.drar CHANGE ORDER PROJECT: Prescott Municipal Airport Prescott, Arizona RW 311-211. RSA Improvements TO CONTRACTOR: A. Miner Contracting Inc., 1071 Commerce Dr., Suite A Prescott, AZ 86305 Runway 3R-21L RSA Improvements PRC Project No. 2010DB003 FAA AIP No. 3-04-0030-032 & -033 ADOT Project No. EIF52 & E2F97 CHANGE ORDER NO: 11 PRC Project No. 201ODB003 ADOT Project No. E11`52 & E21`97 FAA AIP No. 3-04-0030-032 & -033 CONTRACT DATE: MARCH 27, 2012 NOTICE TO PROCEED DATE: MAY 8. 2012 The Contract is changed as follows: Compensate the contractor for the for applying a bituminous pavement sealant to areas of the runway and taxiway pavements that were damaged by the obliteration of existing paint stripes. Reason for this change: Due to the age and condition of the existing asphalt runway and taxiway pavements the obliteration of existing paint stripes, necessary for the relocation of runway thresholds, caused greater damage to the pavement surfaces than expected. It is necessary to protect these damaged areas from further wear and erosion due to traffic and weather until such future time as a more aggressive pavement rehabilitation can be done. (Such future work is not a part of this project.) Total change order amount = $26,272.52 This Change Order shall constitute a final settlement of all matters relating to the change in the work that is the subject of the Change Order, including but not limited to all direct or indirect costs associated with such change, all delay and disruption costs, any impact such change may have on unchanged work, and any and all adjustments to the Contract Sum or the Contract Time. This Change Order supersedes all prior reservations stated or implied. Is this a FAA funded grant? YES Is this an ADOT funded grant? YES Are the items in this Change Order grant eligible? YES This approval is subject to the availability of Federal funds and limitations of the Grant Agreement: YES This approval is subject to the availability of Federal funds and limitations of the Grant Agreement and comments in our letters dated March 15, 2011 and Seotember 13 2011 . This approval is for record purposes only, with no Federal participation: NO Change Order Page CO-1 PRr RW aR-711 RSA Imnrnvomnntc Runway 3R-21L RSA Improvements PRC Project No. 201OD8003 ci or PR&SCOI T FAA AI P No. 3-04-0030-032 & -033 ADOT Project No. E1F52 & E2F97 NOT VALID UNTIL SIGNED BY THE OWNER AND CONTRACTOR The original Contract Sum was.... I .................................... I ................................ I ....................... $7,892,153.06 Net change by previously authorized Change Orders...................................................................$188,777.61 The Contract Sum prior to this Change Order was....................................................................$8,080,930.67 The Contract Sum will be increased by this Change Order............................................................ $26,272.52 The new Contract Sum Including this Change Order is..............................................................$8,107,203.19 The Contract Time will remain unchanged due to this change order. The Substantial Completion date for base contract work is unchanged, but the time to final completion is extended by two (2) days. A. Miner Contracting Inc., By Date It's FAA By Date Its Change Order Page CO-2 PRr RW RR-711 RCA ImnrmvPmnnVt PRC/City of Prescott By Date It's ADOT By Date Its City of Prescott Airport RSA Improvements Contractor COR #S43 . Seal AC Pavements Traffic Safety, Inc. invoice $22,762.40 Prime contractor mark-up $ 1,138.12 Mark-up on materials @ 15% Mark-up on labor @ 15% Sales Tax $ 1,983.74 Bond @ 2.5% $ 388.26 rota) Amount $ 26,272.52 COUNCIL AGENDA MEMO - July 23, 2013 DEPARTMENT: Public Works AGENDA ITEM: Approval of purchase of a land survey base station and associated equipment from Allen Instruments and Supplies in the total amount of $40,757.08 using Arizona State Contract pricing. Summary This item is for purchase of one Trimble Net9 Ti-2 Reference Base Station Receiver with Zephyr Geodetic 2 Antenna, one Trimble R10 Integrated GNSS (Rover) Receiver System, associated accessories, and extended hardware and firmware maintenance warranties from Allen Instruments & Supplies. The existing base station is being traded in for a credit toward the purchase of the new base station. The purchase is through an existing Arizona State Contract. Background The Federal Communications Commission (FCC) implemented a narrow -band radio frequency mandate affecting all VHF and UHF Public Safety and Industrial/Business Land Mobile Radio systems with an implementation date of January 1, 2013. The federal narrow -banding mandate is an effort to ensure more efficient use of the VHF and UHF� spectrum by requiring all. Public Safety and Industrial/Business Land Mobile Radio (LMR) systems to migrate to 12.5 kHz efficiency technology. The survey equipment radio frequencies used by the City fall under this federal mandate. Public Works' existing base station receiver was purchased in 1999 and has far exceeded its operational service life. Two of three existing rover units were reprogrammed to be narrowband compliant; the third rover unit cannot be reprogrammed due to hardware limitations and is therefore unusable. Three rover units are in use on a regular basis in the Engineering and Water and Sewer Divisions. The one new rover unit will support current surveying tasks / projects within Public Works with capabilities that far exceed the existing base receiver's performance. ----7Agenda Item: Approval of purchase of a land survey base station and associated equipment from Allen Instruments and Supplies in the total amount of $40,757.08 using Arizona State Contract pricing. Budget The purchase price is $37,755.52 + 3.001.56 (sales tax) = $40,757.08 FY 2014 budgeted funds are available from the Engineering Fund for purchase of the survey equipment described in the attached price quote. Attachments: Allen Instruments & Supplies, Price Quote Equipment Documentation Recommended Action: MOVE to approve the purchase of a land survey base station and associated equipment from Allen Instruments & Supplies in the total amount of $40,757.08. 2 Instruments & Supplies 7114 E. Earll Drive, Scottsdale, AZ 85251 (480) 994-1306 e Fax (480) 994-8337 (800) 272-0180 Quote Prepared for: City of Prescott Jeff Fanning P.O. Box 2059 433 N. Virginia Street Prescott, AZ 86301 U.S.A. Phone: (928)777-1610 Fax: (928)771-5929 rLn # r Qty I Item # 1 1 97502-10 2 3 1 4 1 5 6 (Special Approval Trade-in Offer) EWINF-GPS Q U 0 T E Date Quote # 07/08/13 AAAQ`106�� Quote valid for 30 days unless otherwise noted Ship To: City of Prescott Jeff Fanning P.O. Box 2059 433 N. Virginia Street Prescott, AZ 86301 U.S.A. Phone: (928)777-1610 C--- 10e)Q\771 rQ')Q Terms Rep P.O. Number I Ship Via P.O. Tim Smets I UPS I Description Trimble NetR9 Ti-2 Reference Base Station Receiver with Zephyr Geodetic 2 Antenna (List Price: $19,000.00); (AZ State Contract Pricing Applied). Trimble will accept the C-O-Prescott's Trimble 4700 Base Receiver as a Trade-in towards the purchase of a new Trimble Net R9Ti-2 GNSS Reference Receiver. Extended Warranty - NetR9 Ti-2 GNSS Receiver Hardware and Firmware Maintenance (List Price: $985.00); (AZ State Contract Pricing Applied). 7 1 R10-001-60 Trimble R10 Integrated GNSS (Rover) Receiver System. Real -Time (RTK/VRS) and Postprocessed Capabilities. Includes: Trimble R10 GNSS Transport Case Trimble R10 GNSS Receiver Rechargeable Battery (x2) Dual Battery Charger with Battery Slot Inserts and International Power Supply Quick Release Adapter (0.05 m) USB Field Data Cable (7P Lemo to LISB-A Female) USB Office Data and Power Y-Cable (7P Lemo to USB-A Male and Power) LIHF Radio Antenna with SMA Connector (receiver models with internal radio only) Quick Start Guide*, Components & Accessories Poster Warranty Activation Card and WEEE Statement* Unit Price Ext. Price $17,100.00 $17,100.00 -$4,500.00 -$4,500.00 $886.50 $886.50 $22,950.00 $22,950.00 Visit us online at: hftp://www.alleninstruments.com Page I of 2 rLn # r Qty I Item # Description r Unit Price Ext. Price 8 (List Price: $25,500.00); (AZ State Contract Pricing Applied). 9 1 EWLS-GPS Extended Warranty - R-10 GPS Receiver $886.50 $886.50,4004 Hardware and Firmware Maintenance 10 (List Price: $985.00); (AZ State Contract Pricing Applied). 11 12 1 LI/210150090 13 1 1-1151842 Customer Signature: Payment Type: Date: Sokkia Tribrach w/Optical Plummet Sokkia Tribrach Adaptor w/Removable Brass Plug (5/8 X 11 Threads) $377.00 $377.00 $55.52 $55.52 SubTotal $37,755.52 Sales Tax $3,001.56 Shipping $0.00 Total $40,757.08 - Prior to operating any radio modem, users are legally required to obtain frequency licensing from the FCC. Atlas Licensing will file your application for a fee Please contact Elaine Renoire (800) 252-0529. - Hardware Warranty: The standard factory warranty period for all Trimble@ products begins on the day the end user receives the product. The standard warranty period is one (1) year with the following exceptions: VX, S8, S6, S3, M3, Focus 30, Nikon Nivo, Dini Levels, LL400, 1-1-500, HV401, GL700, GL1 242, CR550/600 Laser Receiver, DG711 Pipe Laser. These products have a two (2) year factory warranty period. The factory warranty can be extended annually. Please contact Mike Westphal for pricing and/or further details: 800-272-0180 - Software/Firmware Agreement: The standard Software/Firmware agreement period for all Trimble@ products begins on the day the end user receives the product. Under the Software/Firmware agreement Fix updates and Minor updates are available for the agreement period. The standard agreement is one (1 year. VX, S8, S6, S3, M3, Focus 30, Nikon Nivo, Dini Levels, LL400, LL500, HV401, GI-700, GI-1 242, CR550/600 Laser Receiver and DG711 Pipe Laser have a two (2) year agreement. The Software/Firmware agreements can be extended annually. Please contact Mike Westphal for pricing and/or further details: 800-272-0180 - Returns will only be processed if we are notified within 7 calendar days of receipt of your order. Returns are subject to a 15% restocking fee. For additimo information regarding returns, please email customerservice@alleninstruments.com. Visit us online at: hftp://www.alleninstruments.com Page 2 of 2 KEY FEATURES Proven GNSS technology from Trimble 440 channels for unmatched GNSS tracking performance Bluetooth", Ethernet, Serial and USEI support Position Monitoring and Alerting functionality notifies of any change in antenna position Large capacity internal memory plus external USB device logging capability Convenient front panel display and configuration Power'over Ethernet (PoE) technology Eight independent logging sessions Multiple data file formats Integrated banery which can act as a primary power source or as an uninterrupted power supply (UPS)backup Powerful remote configuration and access The Trimble NetR9 Global Navigation Satellite System (GNSS) reference receiver series consists of full -feature, top -of -the -line receivers designed to provide network operators with maximum features and functionality from a single receiver platform. Using the latest generation of Trimble 360 receiver technology in combination with two Trimble Maxweli'm 6 chipsets, the Trimble NetR9 reference receiver offers an industry - leading 440 channels for unmatched GNSS m u Iti-constellation tracking performance. With the world's GNSS in constant development, the Trimble NetR9 reference receiver provides the operator with the assurance that it has the capability to grow with the industry, both today, and well into the future. The Trimble NetR9 reference receiver supports a wide range of satellite signals. Currently, the NetR9 platform is capable of tracking signals from GPS, GLONASS, Galileo', BeiDou, and QZSS constellations. With 440 channels, the NetR9 has the capacity to accommodate additional signals as they may become available, eliminating the need to replace hardware to keep pace with technology'. The Trimble NetR9 reference receiver supports the new CMRx communications protocol, which provides unprecedented GNSS correction compression for optimized bandwidth and low latency data transmission. Combined, this results in greater data throughput at a lower operating cost. The Trimble NetR9 reference receiver's compact form factor, low power consumption and powerful network capabilities make for an ideal combination supporting a wide range of high -accuracy positioning applications. A few specific examples include: • Trimble VRS'm network receiver • Mobile field base station • Academic research • Continuously Operating Reference Station (CORS) • Field campaign receiver for post -processing applications • Use in DGPS MSK beacon systems • Monitoring integrity of VRS networks, along with other physical infrastructure such as oil platforms, mines, dams, bridges, or other natural and man-made objects where precise deformation is crucial The Trimble NetR9 reference receiver has eight gigabytes of physical memory built into the circuit board, providing a high level of data protection. Additionally, the use of external USB logging devices is supported providing the Trimble NetR9 reference receiver unparalleled storage capacity and flexibility. Combined with logging of T02, RINEX, BINEX, and Google Earth formats, factored together with FTP and Email Push technology, the Trimble NetR9 achieves an uncompromised blend of functionality and efficiency. With stringent environmental specifications and an integrated lithium -ion, the Trimble NetR9 protects to ensure no data is missed. The integrated Li-lon battery can power the Trimble NetR9 continuously up to 15 hours, either as a primary power source or as an emergency backup source. The Trimble NetR9 reference receiver comes with powerful built-in remote management. Utilizing Internet Protocol (IP) as the primary communications mechanism, the familiar Trimble Infrastructure web user interface provides full receiver status, configuration, firmware updates, data access, as well as a variety of security levels and access controls. Furthermore, the receiver supports Email Alerts so the operator knows exactly what is taking place at the receiver. This includes integrated position monitoring so as to always know if your antenna has moved before it is too late. For simple hands-on configuration, the Trimble NetR9 reference receiver offers a seven -button, two line display and status information so that performing in -field configuration is practically effortless. Best of all, no handhelds are required to get this job done, Available in three configurations including NetR9 (full featured), along with the Ti-2 and Ti-3 (both fully upgradable), the NetR9 provided the most flexible receiver platform offered to date. With the NetR9 receiver platform's robust functionality, you can trust Trimble to provide the very latest technology in the GNSS industry to help position your way into the future. 1. V.M.p.d u�d�, � 1­­ ./ lh� Furp­ lMi­ -d th. furopean Sp- Aq­y 2. F., ..,. W.—N.. �h­t T—hi, -d GNSS ..d.,­1­, pl,­ Wit X-Irimble. SATELLITE TRACKING • Two advanced Trimble Maxwell 6 GNSS chipsets for a total of 440 channels • Trimble EVEREST' multipath signal rejection • Trimble 360 receiver technology • Trimble R-Track' technology • High precision multiple correlator for GNSS pseudorange measurements • Unfiltered, unsmoothed pseudorange measurements data for low noise, low multipath error, low time domain correlation and high dynamic response • Proprietary Receiver Autonomous Integrity Monitor (RAIM) system to detect and reject degraded signals to improve position quality. • Very low noise GNSS carrier phase measurements with <1 mm precision in a 1 Hz bandwidth • Signal-to-noise ratios reported In dB -Hz • Proven Trimble low elevation tracking technology • Current satellite signals tracked simultaneously: - GPS* Ll C/A, L2C, L2E (Trimble method for tracking unencrypted 1.213), LS - GLONASS: LI C/A and unancrypted P code, L2 C/A and unencrypted P code, 1.3 CDMA2 - GaIlleo3 : Ll CBOC, ESA, ESS & E5AItBOC - BelDou4 - QZSS: 1.11 CJA, LIC, Ll SAIF, 1.2C, LS, LEXI - SBAS: L1 CIA (EGNOS/MSAS), Ll C/A and LS (WAAS), - L-Band: OmnISTAR VOS, HP and XP INPUTIOUTPUT FORMATS • Correction Formats: - CMR, CMR+, CMRx, RTCM 2.1, RTCMI 2.2, RTCM 2.3, RTCM 3.0, RTCM 3.1 • Observables: - RT17, RT27, BINEX, RTCM 3.x • Position/Status 1/0: - NMEA-0183 v2.30, GSOF • Up to 50 Hz Output • 10 MHz External Frequency Input - Normal Input level 0 to +13 dBrn - Maximum Input level +17 d8m, *35 V DC - Input impedance 50 Ohms 6 10 MHz; DC blocked • I PPS Output • Event Input • MetMit Sensor Support POSITIONING PERFORMANCE6 Code Differential GNSS Positioning Horizontal .............................. 0.25 rn + I ppm RMS Vertical ................................ 0.50 rn + I ppm RMS WAAS differential positioning accuracy7 .... typically <5 m 3DRMS Static GNSS Surveying High -accuracy static Horizontal, ........... 3 mm + 0.1 ppm RMS Vertical ............................ 3.5 mm + 0.4 ppm RMS Static & Fast Static Horizontal ............................ 3 mm + 0.5 ppm RMS Vertical ............................... 5 mm + 0.5 ppm RMS Real Time Kinematic Surveying' Single Baseline <30 krn Horizontal ............................. 8 mm + I pprn RMS Vertical ............................... 15 mm + 1 ppm RMS Networked RTK Horizontal ............................ 8 mm + 0.5 ppm RMS Vertical .......... ................... 15 mm + 0.5 ppm RMS Initialization time ....................... typically <10 seconds Initialization reliability ....................... typ Ica I ly >99.9 % COMMUNICATION • Serial Ports - One D9 Male, EIA-574 RS-232/V.24 Full 9 wire serial - One Lemo 7 pin Oshell, 3 wire serial with power input, 1 FPS output and event input - One MIN 8 USB 5 pin; supports Device and Host mode operations • Bluetooth9 - Integrated 2A GHz Bluetooth; supports 3 simultaneous connections • Ethernet - Integrated R14S Jack - Full -duplex, auto-negotlate 1008ase-T - Power over Ethernet (PoE) support with a Class 3 PoE supply - HTTP, HTTPS, TCPAP, UDP FTP, NTRIP Caster, NTRIP Server, NTRIP Client - Proxy server support - Routing table support - NTP Server, NTP.Client support - UPnP and Zerocorif �upport - Email Alerts and File Push - Position Monitoring DATA LOGGING Storage Capacity Onboard memory .................................... 8 GB External memory" ........................ greater than 1 TS Maximum logging rate ................................ SO Hz File durations ........................ 5 minutes to continuous Storage sessions ..................... 8 concurrent independent sessions with dedicated memory pooling and ring buffers File formats ................ TO2, RINEX v2.1 1, RINEX v3.0, BINEX, Google Earth KMZ Tile naming options ................................. multiple Data retrieval and transfer ...... i ........ HTTP, FTIP Server, USB, FTP Push and Email Push Events ..................... definable file protection on events PHYSICAL SPECIFICATIONS Dimensions (L x W x H) .............. 26.5 cm x 13.0 cm x 5.S cm (10.43 in x S.12 In x 2.16 In) Weight .......... .. .......... I ......... 1.75 kg (3.85 lb) ENVIRONMENT Certification ........................... IP67 and MIL -STD 81OF Operating temperature" ...... -40 *C to +65 'C (-40 OF to +149 *F) Storage temperature ......... -40 *C to +80 IC (-40 OF to + 176 OF) Humidity .................................. 100% condensing Shock ...................... Survival: Non -operating 75 g, 6 mS; Operating: to 25 g, 10 ms, sawtooth; designed to survive a I m drop onto hard surface Vibration ............... Operating: 7.5 Hz to 350 Hz 0.015 gl/Hz, 350 Hz to 500 Hz 0.006 g2/Hz -6dB/Octave; Non -Operating: 10 Hz to 300 Hz 0.04 gl/Hz 300 Hz to 1000 Hz -6 dB/Octave Ingress protection .............. IP67; waterproof for temporary immersion to a depth of 1 m (3.28 ft); dustproof USERINTERFACE 9 Front Panel Display - 2-11ne x 16-character vacuum fluorescent display - Advanced power saving modes - Escape and Enter key for menu navigation - 4 arrow keys (up, down, left and right) for scrolling and data entry - Power button and indication LED as Web User Interface - Secure - Allows remote configuration, data retrieval and f irmware updates as Programmatic Interface - Allows for open, non-proprietary access, control and configuration ANTENNA SUPPORT Output voltage ............................. 5.0 V DC nominal Maximum output current .... ....................... 150 mA Maximum cable loss ............ ...................... 12 clB Recommended antennas ............ Trimble Zephyr Geodetic'" 2, Trimble GNSS Choke Ring, Trimble GNSS-Ti Choke Ring SECURITY • Optional H17P login • HTTPS to Real-time stream authentication it Programmatic inter -face authentication to NTRIP ELECTRICAL a Power over Ethernet (PoE) 802.3af; requires a Class 3 PoE supply so 9.5 V DC to 28 V DC input on Lemo port - User -configurable power -on voltage - User -configurable power -down voltage - Integrated Internal battery 7.4 V, 7800 mA-hr, LI-Ion; 15 hours of continuous operation, dependent on user settings * Internal battery operates as a UPS in the event of power source outage 9 Seamless switching between external/internal power sources a Internal battery will charge from external power source when input voltage Is >12 V DC a Integrated charging circuitry a Power consumption 3.8 W nominal, dependent on user settings REGULATORY COMPLIANCE • RoHS • China RoHS as FCC Part 15,247 FCC certifications a Class 8 Device FCC Part 15 and ICES-003 compliance • RSS-310 and RSS-210 Industry Canada compliance • CE mark compliance • C-Tick mark compliance • LIN ST/SG/AC.10.11/Rev. 3, Amend. 1 (LI-Ion battery) • LIN ST/SG/AC.10/27/Add. 2 (LI-Ion battery) so WEEE A10119avoilable in threecomfigunations: 77-1, Ti-2 and T11J, Spocifications thavinniflitet full configuration cap. bility Pleam consull your l.tioldistrithita, for additiormlinfistmation. 2 rhore 15 no public GLONASS L3 COMA ICD. Th. current capability its the tocalivers is based an publicly ovailAble information. As sisch rrimble cannot guarantee that these rocarivers; will be fully compatible with a future generation of GLONASS satellites or signals. Developed ..dor a Lhims, of the European Union and the European Spam Agency, 4 As tha, time of (hit pubfiratlorL no public SolOost ICD was available. The current capability in the receivers is based an publicly available information. As such, nimble cannot guarani" that rhom 5 receivers will be fully compatible with a future generation of 8.11Dou satellites or signals Pilot obsemsbic 6 Accuracy and reliability may be subject to anomalies due to muthisath, obstructions, satellite geometry. and atmospheric conditions. The %pedfiratioris stated momsmand the in* a I stab). moun is in an open sky view EMI and mulfioath dean -virommint optimal GNSS comitillistiors corsfliguralion4 along with the use of survey pracilmi that am generality accepted for performing the highosivrol.r junnoys for the applicable application including occupation 11mos appropriate for basotim, length. Behrimou, longer than 30 Jim require precho ephemeris and occupations up to 24 hr may be required to achieve the high 7 accuracy storic specification. Depend. art WAASIMNOS systom porionruince. 8 NOW limited to 1,000 m RTK bautifinis length. Networked RrK PPM values am reforenced to the clomist physical b0.04U.0, 9 Iflueloofis type approval, am country specific, Contacryour local authadmid Thinble distribution partner for mote information, 10 USE doWtv minimum mcommiurid.of specification must support US# 2.0 NI-Spoed WIM a minimum write 'Plod of 6 Mbju. Solid state drives recommended for optimal parlormance. I I Me internal battery will operate from —10 4C to +55 Y (14 *F to +JJ I *Fj. The internal battery charger will opistatit from 0 T to 45 *C 02 'F to 113 7), All temperatures listed rohmmm the ambient tssmjmtaturai� Cutting -edge Trimble RD-GNSS processing engine Precise position capture with Trimble SurePoint technology New RImble xFIII technology provides RTK coverage during connection outages Advanced satellite tracking with Trimble 360 receiver technology Sleek ergonomic design for easier handling A NEW LEVEL OF PRODUCTIVITY The first of its kind, the new'firimble"I R10 GNSS System is designed to help surveying professionals work more effectively With powerful new technologies like Trimble HD-GNSS, Trimble SUrePoint"', and Trimble xFill"' integrated into a new sleek design, this powerful system goes beyond comprehensive GNSS support to ensure surveyors have the ability to collect more accurate data faster and easiei—no matter what the job or the environment. TRIMBLE HD-GNSS PROCESSING ENGINE A new generation of core positioning technology integrated into the Trimble R10 is the advanced Trimble HD-GNSS processing engine. This ground -breaking technology transcends traditional fixed/float techniques to provide a more accurate a5sessinent of error e5tiniates than traditional GNSS technology especially in challenging environments. Markedly reduced convergence times as well as high position and precision reliability enable surveyors to Collect measurements with confidence while reducing their occupation time. TRIMBLE SUREPOINT TECHNOLOGY Simplifying the survey workflow Trimble SurePoint technology incorporated into the Trimble RIO provides users with faster measurements, increased accuracy, and greater quality control. An Electronic Bubble The Trimble R 10 employs an electronic bubble that appears on the Trimble controller display With this -new eBubble, all measurement information is displayed in one place an(] users don't have to switch focus from the controller screen to the pole bubble to check that the pole is plumb. Rapid, Accurate Measurement Trimble SurePoint technology displays the eBubble in green when the pole is plumb, clearly indicating that an accurate measurement is possible. The systpm constantly monitors pole tilt for the user. If a point is measured with pole tilt beyond a usei-defined setting, irimble Access"' software will alert the user and prompt them t6 accept Of 111SCdrd the point. Trimble SurePoLnt even uses the pole tilt as a controlling input. After a point is measured, tilting the pole causes (lie system to automatically prepare to measure the next point. I I . I Data Traceability As insurance that all of your data is traceable, (fie Trimble R 10 can record the pole tilt information for measured points. I hese records include the pole tilt angle arid the distance on the ground represented by that pole tilt angle TRIMBLE 360 RECEIVER TECHNOLOGY Future Proof Your Investment Powerful Trimble 360 receiver technology in tire Trimble R 10 supports signals from all existing and planned GNSS constellations and augmentation systems, With two integrated Trimble Maxwell 6 chips the Trimble R 10 offers an unparalleled 440 GNSS channels. Trimble delivers business confidence with a Sound GNSS investment for today and long into the futuie� DATASHEET TRIMBLE xFILL TECHNOLOGY More continuous surveying, less downtime Continue surveying without interruption when you temporarily lose connection to your base station or Timble VRS` network. Leveraging a worldwide network, of Frimble. GNSS reference stations arid satellite clatalinks, Trimble xFill works to seamlessly 'fill in' for gaps in your RTK or VIRS correction stream. ERGONOMICALLY DESIGNED Easier Handling and Operation As the smallest and lightest integrated receiver in its class, the Trimble R 10 is ergonomically designed to provide the surveyor with effortless handling and operation. Designed for ease of use, the progressive design incorporates a more stable center of mass at the top of the range pole, while its sleeker, taller profile provides the durability and reliability for which Trimble is known, The Trimble R10 receiver incorporates a quick release adaptor for simple and safe removal of the receiver from the range pole, Additionally, the quick release adaptor ensures a solid, stable connection between the range pole and receiver. AN INTELLIGENT SOLUTION Advanced features combined with the powerful technology in the T imble R 10 make this tl re most intelligent GNSS system on the market today. Smart GNSS Antenna Survey with confidence --the Trimble R1 0 system's GNSS antenna tracks GNSS and SBAS signal bands, Its Trimble Stealth- Ground Plane mitigates multipath signals by using Plecincal resistance to keep unwanted signals from reaching the antenna element. Smart Battery A smart lithium -ion battery inside the frimble R 10 sysiern delivers extended battery life and more reliable power A built-in LED dispIay allows the user to quickly check remaining battery life. Advanced Communication capabilities The Trinible R 10 LlSeS the latest mobile phone technology to receive VRS corrections and connect to the Internet from the field Then, access Trimble Conne(ted Comi-nLinity to send or receive documents while away from the office. Using WiFi, easily connect to the Trimble RIO system using a laptop or smarlphone to configure the receiver without a Trimble controller. The Trimble system of hardware and software that's known and trusted Bring the power and speed of the Trimble R 10 system together with trusted Trimble softwa(e solutions, including Trimble Access and Trimble Business Center, to get the most complete, intelligent solution, Trimble Access field software provides specialized and customized vvorkflows to make surveying tasks quicker and easier while enabling teams to communicate vital information between field and office in real-time. Back in the office, users can seamlessly process data with Trimble Business Center office software. The Trimble R10 GNSS system, a new era of surveying productivity beyond GNSS for professional surveyors. ii&Trimble. F! DATASHEET PERFORMANCE SPECIFICATIONS easurtementio Measuring points sooner, faster and in harsh environments with Trimble HD-GNSS, technology a Increased measurement traceability vAth Trimble Surepoint electronic plumb detection a Reduced downtime due to loss of radio signal with xFifl technology At Advanced Trimble Maxwell 6 Custom Survey GNSS chips with 440 channels • Futur"roof your investment with Trimble 360 GNSS tracking • Satellite signals tracked simultaneously: - GPS: LICM, L1C, L2C, L2E, L5 - GLONASS: L1C/A, L1P, L2C/A, L2P, L3 - SPAS: L1C/A, L5 (For SPAS satellites that support L5) - Galileo: GIOVE-A and GIOVE-B, E 1, E5a, ESD - BeiDou (COMPASSY 0 1, B2 • OmniSTAR HR XP, G2, VOS positioning • QZSS, WAAS, EGNOS, GAGAN Positioning Rates: 1 Hz, 2 Hz, 5 Hz, 10 Hz, and 20 Hz POSITIONING PERFORMANCE' Code differential GNS$ positioning Horizontal. . ....... ......................... 0.25 In + 1 ppm RMS Vertical. .. _ � ............... ........... _ - , .. 0.50 m + 1 ppm RMS SPAS differential positioning accuracy' ....... .......... typically <5 rn 30RMS Stallic GNIS surveying High-preudslon Stattic Horizontal .................................... .3 mm + 0.1 ppm RMS Vertical ................ ....................... 3.5 mm + 0.4 pprn RMS Static and fast Static Horizontal .............. ....... .............. 3 mm + 0.5 ppm RMS Vertical .......... ............. ......... 5 mm + 0.5 ppm RMS Real Time Vinsimatic surveying Single Baseline 40 km Horizontal ............ ...... ................. mm + I ppm RMS Vertical ............ ­­­­1­ ............ ... 15 mm + 1 ppm RMS Network RTX1 Horizontal ............. ............. ...... ..... Er mm + 0.5 ppm RMS Vertical. I , . _ � .... ............................. 15 mm + 0.5 ppm RMS RTK start-up time for specified precisions 4 .......... .......... 2 to 8 seconds Trimble xFIII1 Horizontal .......................... __..._RTK 6+ 10 mryVmlnute RMS Vertical ...... ........... ___ ...... ....... RTK6 + 20 mrnsfminute RMS I elocution and sollab" may be subject to allumislArS due IQ m1firialls, 404014 geometry, and mmewhiek condialons The speciferashem, stated recommend the uss of liable mount* in an oplar sky view, EMI and mullwath clean environment. opt") 61,15IS constellation zonfigutifroni, along with the we of su"Y PractuortS that me gomj* ontaphid her porlomni the hghorsl�rdsff survess tog the applicablis application including ocrumnon lines appropriate for juseem length. frawknot longer than 30 knn noWint place. tribormirris and occutursons up to 24 hows may be required to achliver the high punctusses stitic opwrigsw 2 firopoomb on WAAMR13100S system performance 3 Network InK PPM values are referenced to the closest physical bow blarrom 4 May bur Affected by aturnotill cominsom. signal ollistructions And satellite goomestry, Wiatiatm ,olushility is cisminuously montwed to ~a lisfighett ritually + 5 hadsions ads dependent m GNSS mtoko*v&WAty, YN podtashinig ends after S nuennes of toda downhinne When using a wigh, bow station, ABU tequila ft location of in# ban Antenna to be within I m of the but coordinate in a known gk" late nutre from such As YOGS-84. When inualikehing a single flow station usnig the -HoW key its Trimble Accou software, the inquired satuack, 6 usually only achonled vdants the positron a augnionled wals WAAS or EGNOS. V1115 suba.,bons 0hould check vAh time network admuldirmor that the network is setup in a known coordinate symoon iffil a not wailable an ail lesions, theek "In your local sales reornowntal" for more information, is , RTK talent to the fast Food" platinum plifort the coutscutini source wers lost and 401 morted 7 Recliner sea glialrote nesumilly us —40 -C. internal batteries me ##led to -20 -C 5 Tialking OPS, GLONASS and WAS soleffies 9 Yams with temperature and wintless data raw When using a fectivar and Internal radio xv the tranumit rucide, it a racommoodod Out an sisomnall 6 Ah or highw battery a used 10VAras wall twain and estimating comfousing I I Blverfooth rpor approvah met country specific 0 Ill 3, unrest "AW sinned AN rghts nwovod Ymnim, and the Globe A Intego klys, am halknillu D1 flinust Na"Ation saidog, "armed in 1he Wod Suics AM In Winer —ins, Arm,, Maunnil. St.0h. S-A.M. VRS, And F0 - umummU & Twnb* Nwiti Lmled Ali Whin JIad,,nms4 all, the property of Inew limir— vvinul IN 022S43-5449 W 3) 1101V8LL AMHOWLD DISTRIBUTION PARTNFR HARDWARE Physical Dimensions (WxH) ......... .... ........ 11.9 cm x 13.6 cm (4.6 in It 5.4 in) Weight ........... .... ........ 1. 12 kg (2.49 lb) with internal battery, internal radio with UHF antenna, 3.57 kg (7.86 lb) items above plus range pole, controller Or bracket Temperature 7 Operating .................... -40 *C to +65 *C 1-40 IF to + 149 *F) Storage ....... .................... 40 `C to +75 IC (-40 *F to +167 *F) Humidity .............. ....... .............. 100%, condensing Ingress Protection ..... ............. IP67 dustproof, protected from temporary immersion to depth of 1 m (3.28 ft) Shock and vibration ......... ..... Tested and meets the following environmental standards: Shock ............... Non -operating: Designed to survive a 2 m (6.6 ft) pole drop onto concrete. Operating: to 40 G, 10 msec, sawtooth Vibration .......... .............. ....... MIL-STD-8110F, FIG.514.SC-1 Electrical Is Power 11 to 24 V DC external power input with over -voltage protection on Port 1 and Port 2 (7,pin Lemo) a Rechargeable, removable 7.4 V, 3.7 Ah Lithium -ion smart battery with LED status Indicators. a Power consumption is 51 W in RTK rover mode with internal radiop, a Operating times on internal battery9: - 450 MHz receive only option ................................ 5.5 hours - 450 MHz receiveAransmit option (0.5 W) ...................... 4.5 hours - 450 MHz receiveltransmit option (2.0 W) ........... .... 3.7 hours - Cellular receive option . ............ ....................... 5.0 hours COMMUNICATIONS AND DATA STORAGE a Serial; 3-wire serial (7-pin Lemo) • LISP: supports data download and high speed communications • Radio Modem: fully Integrated, sealed 450 MHz wide band receiverAransmitter with frequency range of 410 MHz to 470 MHr - Transmit power: 2 W - Range: 3-5 km typical/ 110km optimall't • Cellular: integrated, 3.5 G modem, HSDPA 7.2 Mbps (download), GPRS multi -slot class 12, EDGE multi -slot class 12, UMTS/HSDPA (WCDMA/FDD) 850i"1900/2100MI-1z, Quad -band EGSM 850/900/180011900 MHz, GSM CSD, 3GPlp LTE • Bluetocith: fully integrated, fully sealed 2 4 GHz communications port (Bluetooth4l)" • WIN: 802.11 big, access point and client mode, WPAIWPA2/WEP64/WEP1 28 encryption • External communication devices for corrections supported on - Serial, LISP, Ethernet, and Bluelooth ports • Data storage: 4 GO internal memory; over three years of raw observables (approx. IA MB /day), based on recording every 15 seconds from an average of 14 satellites • CMR+, CMRx, RTCM 2.1, RTCM 2.3, RTCM 3.0, RTCM 3.1 input and output • 24 NMEA outputs, GSOF, RTI 7 and RT27 outputs Webtil • offers simple configuration, operation, status, and data transfer • Accessible via WiFi, Serial, LISP, and Bluetooth Supported Trimble Controllen - Trimble TSC3, Trimble CU, Trimble Tablet Rugged PC CERTIFICATIONS FCC Part 15 (Class B device), 22, 24; R&TTE CIF Mark; C-Tick, AJick; PTCRB; WFA Specifiscauons in without notice CFi C C 0 O'Bluetootif wW change NORTH AMERICA EUROPE ASIA-PACIFIC Trimble Navigation Limited Trimble Germany GmbH Trimble Navigation 10368 Wostmoor Dr Arn Prinne Parc I I Singapore Ilty Limited Wcstminstei CO 80021 6�479 Ratinheirn 80 Marine PaiadL Road USA GERMANY 422-06, Paikway Parade Singapore 449?69 SINGAPORE 0-D-Trimble. i1.0. COUNCIL AGENDA MEMO - July 23, 2013 DEPARTMENT: Public Works AGENDA ITEM: Approval of a one-year extension of City Contract No. 2012-051 with Polydyne, Inc., for purchase of emulsion polymer and dry polymer for wastewater treatment in an amount not to exceed $180,000.00 va «. Department Head: Mark Nietu ski 7/10/2013 Finance Director: Mark Woodfill Citv Manager: Craig McConnell Item Summary This item is to approve a one-year extension to the current unit price contract for polymer used in the solids dewatering process at the Sundog and Airport Wastewater Treatment Plants. The extension period is January 10, 2014 through January 9, 2015. Background City wastewater treatment facilities currently use an average of 43,200 pounds of emulsion polymer and 11,000 pounds of dry polymer per year .to dewater roughly 36 %w million gallons of waste sludge. The polymer is used as a flocculant in the treatment process to separate water from waste sludge during the dewatering process. Removal of water from the waste reduces the weight of disposed material and subsequent hauling fees. On January 10, 2012, Council approved Contract No. 2012-051 for supply and delivery of emulsion polymer and dry polymer for wastewater treatment. The contract includes an option for extending the agreement for two one-year periods with a provision for an annual adjustment to unit pricing calculated in accordance with the United States Producer Price Index, not to exceed an increase of. five percent (5%) per year. Polydyne is not requesting a unit price increase for this one-year extension. Financial FY 2014 funding for this procurement is available in the Wastewater Fund. Attachment: Extension letter Recommended Action: MOVE to approve a one-year extension of City Contract No. 2012-051 with Polydyne, Inc. for purchase of emulsion polymer and dry polymer for wastewater treatment in amount not to exceed $180,000.00. I= POLYDYNiE July 9, 2013 Mr. Joel Berman, P.E. Utilities Manager City of Prescott Public Works Department 433 N. Virginia Street Prescott, AZ 86301 Subject: RE: Extension of Contract #51 Dear Mr. Berman: Polydyne Inc. is pleased to accept an extension of the referenced contract for an additional year. The product and price will remain unchanged and is as follows: Product Price Clarifloc® WE-875 $1.85/Lb. Clarifloc® WE-925 $1.19/Lb. The new Contract term will be January 10, 2014 through January 9, 2015. All other terms and conditions will remain the same. It has been a pleasure doing business with the City of Prescott, and we look forward to continuing our valued supply position. Should you have any questions regarding this correspondence, please feel free to contact me at (912) 880-2055. Best Regards, Z"41^10^41C-111-- Lawrence D. Grizzle Business Manager P.O. Box 279 a Riceboro, GA 31323 USA • Tel 800-848-7659 • Fax 912-880-2078 • www.polydyneinc.com COUNCIL AGENDA MEMO - July 23, 2013 DEPARTMENT: Public Works AGENDA ITEM: Adoption of Ordinance No. 4864-1402 amending City Code Title III Chapter 3-10, §3-10-11: Water Conservation Code Annrnved Rv- Date: Department Head: Mark Nietu ski 7/10/2013 Finance Director: Mark Woodfill City Manager: Craig McConnell 7-12-13 Item Summary This item is to amend City Code Title III Chapter 3-10, §3-10-11: Water Conservation Code, updating the content to reflect the City's current water production capabilities. Background Every five (5) years the City is required to update the Community Water System Plan and submit it to the Arizona Department of Water Resources (ADWR). The Plan has three (3) components: Water Supply, Water Conservation, and Drought Preparedness. The Community Water System Plan confirms that the City has reduced vulnerability to drought, and is prepared to respond to potential conditions of water shortage. This City Code amendment is consistent with the updated Community Water System Plan. Specific Code changes relate to personnel titles and numeric production values. "Environmental Services Director" has been changed to "Public Works Director" to reflect the current City organization. The numeric production values have been revised utilizing current production capacities (well pumps, booster pumps, transmissions mains). Consequently, the "safe production capability" has been increased from 9,300,000 to 12,030,000 gallons per day, and "total production capability" from 10,000,000 to 13,370,000 gallons per day. Financial There are no financial implications associated with this Code amendment. Attachment - Ordinance No. 4864-1402 Recommended Action: MOVE to Adopt Ordinance No. 4864-1402. ORDINANCE NO.4864-1402 AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE CITY OF PRESCOTT, YAVAPAI COUNTY, ARIZONA, AMENDING TITLE III, CHAPTER 3-10, SECTION 3-10- 11 OF THE PRESCOTT CITY CODE REGARDING RESTRICTIONS DURING WATER SHORTAGES. RECITALS: WHEREAS, the City of Prescott has implemented a City Drought Management Plan which accurately reflects the City's water production capabilities; and WHEREAS, the City Code setting forth water use restrictions is in need of updating for consistency with the City Drought Management Plan; and WHEREAS, it is in the best interests of the City to amend its Code to accurately reflect the City's water production capabilities and the City Drought Management Plan. ENACTMENTS: NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PRESCOTT AS FOLLOWS: Section 1. THAT Section 3-10-11 of the Prescott City Code entitled "Restrictions During Water Shortages" is hereby amended by deleting it in its entirety and adding new language as follows: 3-10-11 RESTRICTIONS DURING WATER SHORTAGES: (A) The city manager, upon the recommendation of the public works director, is hereby authorized to declare water conservation levels. The conservation levels shall be initiated based upon the resources status which assesses the relationship between water 'demand and municipal safe production capability. The city manager shall evaluate resource status levels on no less than a weekly basis. (B) The following resource status levels are hereby prescribed: 1. Resource Status I: When water demand is equal to or less than safe production capability. "Safe production" shall be defined as a daily system demand of twelve million thirty thousand (12,030,000) gallons. 2. Resource Status II: When demand is greater than safe production capability for three (3) consecutive days. 3. Resource Status III: When demand is greater than safe production capability for two (2) consecutive weeks. 4. Resource Status IV: When water demand exceeds total production capability. "Total production capability" shall be defined ORDINANCE NO. 4864-1402 as a daily system demand of thirteen million three hundred seventy thousand (13,370,000) gallons (C) The following water conservation levels shall govern the use of water by Prescott water users, as prescribed below: 1. Water Conservation Level I; Water Awareness: Water users are specifically encouraged to minimize waste in water used for irrigation, vehicle and pavement washing, construction and other water consuming activities. 2. Water Conservation Level II; Water Restrictions: The following water uses may be restricted or prohibited by the city manager: irrigation; washing vehicles; filling or refilling pools, spas and/or wading pools; use of ornamental fountains; use of water from a fire hydrant (except for emergencies or upon the written approval of the Public Works Director and Fire Chief); the noncommercial washing of vehicles. 3. Water Conservation Level III; Water Emergency: The following water uses may be restricted or prohibited by the city manager: those activities set forth in subsection (C)2 of this section. 4. Water Conservation Level IV; Water Crisis: The following water uses may be restricted or prohibited by the city manager: Those activities set forth in subsection (C)2 of this section; use of potable water for irrigation; use of potable water for dust control; and the use of potable water in violation of any other restriction deemed necessary by the city council. PASSED, APPROVED AND ADOPTED by the Mayor and Council of the City of Prescott, Arizona on this 23rd day of July, 2013. i ATTEST: LYNN MULHALL City Clerk MARLIN D. KUYKENDALL Mayor, City of Prescott APPROVED AS TO FORM: JON M. PALADINI City Attorney 1.z. COUNCIL AGENDA MEMO - July 23, 2013 DEPARTMENT: Finance / Public Works AGENDA ITEM: Approval of (1) Amendment No. 1 to City Contract No. 2013-060, Development of Impact Fees, Infrastructure Improvement Plan and Associated Documents, and Analysis and Development of Utility Rates authorizing assignment; and (2) the Assignment and Assumption Agreement between ARCADIS U.S., Inc., and Raftelis Financial Consultants, Inc. Approved By: vaLa. Department Head: Mark Nietu ski 7/15/2013 Finance Director: Mark Woodfill City Manager: Craig McConnell 74743 Item Summary This agenda item consists of two approvals pertaining to City professional services Contract No. 2013-060, Development of Impact Fees, Infrastructure Improvement Plan and Associated Documents, and Analysis and Development of Utility Rates, with Red Oak Consultants as follows: (1) Contract Amendment No. 1, with Red Oak Consultants, authorizing assignment to Raftelis Financial Consultants (2) the Assignment and Assumption Agreement between ARCADIS U.S., Inc., and Raftelis Financial Consultants. Background On October 23, 2012, Council awarded a professional services contract to Red Oak Consulting, an ARCADIS U.S., Inc., company. The City and Red Oak Consulting have been working jointly since to deliver the state -mandated impact fees study. In recent months Red Oak Consulting has experienced staff turnover which includes individuals with primary responsibility for the City Contract. These key team members are now employed by Raftelis Financial Consultants. At this juncture of the study it is in the City's interest to continue with the expertise and knowledge of the original team to meet prescribed legislative timeframes. Section 10 of Contract No. 2013-060 addresses assignment. ARCADIS U.S., Inc., (parent company of Red Oak Consulting) and Raftelis Financial Consultants have agreed to the assignment and supplied the attached document identifying the associated terms. The work (impact fee study) will be delivered by Raftelis Financial Consultants through the assignment with no cost increase. AGENDA ITEM: Approval of (1) Amendment No. 1 to City Contract No. 2013-060, Development of Impact Fees, Infrastructure Improvement Plan and Associated Documents, and Analysis and Development of Utility Rates authorizing assignment; and (2) the Assignment and Assumption Agreement between ARCADIS U.S., Inc., and Raftelis Financial Consultants, Inc. Raftelis Financial Consultants is a national firm based in Charlotte, NC; the Prescott project will be accomplished in their Denver office. Red Oak Consulting was performing the contract work in their own Denver office as well. Raftelis Financial Consultants has been in business for twenty (20) years with over forty (40) professionals providing management and financial services to local government utilities including the Arizona municipalities of Phoenix, Tucson, Glendale, Chandler, Tempe, Peoria, Goodyear, Scottsdale, Gilbert, Avondale and Surprise. Financial Invoices for services leading up to the assignment will be processed by Red Oak Consulting. Future services will be invoiced by Raftelis Financial Consultants. FY 2014 funding for this assigned contract is available in multiple City funds. Attachments - Contract Amendment No. 1 - Assignment and Assumption Agreement Recommended Action: (1) MOVE to approve Contract Amendment No. 1 to City Contract No. 2013-060; and (2) MOVE to approve the Assignment and Assumption Agreement between ARCADIS U.S. Inc., and Raftelis Financial Consultants, Inc. 2 il City of Prescott Contract Amendment No. 1 Development of Impact Fees, Infrastructure Improvement Plan & Associated Documents And Development of Utility Rates Consultant: ARCADIS U.S., Inc. Contract No.: 2013-060 Munis No.: 13060 Account No.: Various Date: 7/23/2013 Purpose of Supplement: To authorize assignment of City Contract No. 2013-060 to Raftelis Financial Consultants, Inc. as per attached letter dated July 12, 2013. You are directed to make the following changes in the Contract Documents: Assign balance of Contract No. 2013-060 to: Raftelis Financial Consultants, Inc. 1031 South Caldwell Street, Suite 100 Charlotte, NC 28203 Summary of Changes In Contract Price Original Contract Price Previous Payments to ARCADIS Contract Amendment No. 1 - balance of contract to Ratelis Recommended by: Approved by: Approved by: Accepted by: Joel Berman, Utilities Manager Mark Nietupski, Public Works Director Marlin Kuykendall, Mayor ARCADIS U.S., Inc. Copy to: Lynn Mulhall, City Clerk $ 289,694.00 Date Date Date Date RED ARCADIS ; Mark Woodfill City of Prescott 216 S. Marina Street, Suite 101 Prescott, AZ 86303 Subject Assignment of Development Impact Fees, Infrastructure Improvements Plan and Associated Documents and Analysis and Development of Utility Rates Dear Mr. Woodfill: As we have discussed with Joel Berman, Andrew Rheem has joined the Raftelis Financial Consultants, Inc. and will continue to provide consulting services to the City of Prescott. I am writing to officially request the assignment of the City Development Impact Fees, Infrastructure Improvements Plan and Associated Documents and Analysis and Development of Utility Rates Study contract to Raftelis Financial Consultants so that they may continue consulting under the existing contract. Once we receive the signed assignment, the next invoice for services will be sent from Raftelis Financial Consultants. Should you have any questions, please do not hesitate to contact me. Please sign and return the enclosed "Assignment of Contract' form. Thank you. Sincerely, ARCADIS U.S., Inc. I'Z�17WZr-ll John Mastracchio Associate Vice President %. \11; Pk, �� ... L ✓-�, ,`� i ARCADIS-US, Inc. 855 Route 146 Suite 210 Clifton Park New York 12065 Tel 518 250 7300 Fax 518 250 7301 www.arcadis-us.com Red Oak Consulting www.redoakcansulting.com Date: July 12, 2013 Contact: John Mastracchio Phone. 518.250.7353 Email: John.Mastracchio@ arcadis-us.com ASSIGNMENT AND ASSUMPTION AGREEMENT This Assignment and Assumption Agreement (the "Agreement"), dated as of 44-14 5 , 2013 (the "Effective Date"), is entered into by and between ARCADIS U.S., Inc, a Deleware corporation with a business and mailing address of 855 Route 146, Suite 210 Clifton Park, NY 12065, ("Assignor") and Raftelis Financial Consultants, Inc. (RFC) with a business and mailing address of 1031 South Caldwell Street, Suite 100 Charlotte, NC 28203 ("Assignee"). Recitals A. Assignor and the City of Prescott, Arizona have entered into that certain Contract dated October 27, 2012 for consulting services that is incorporated by reference and made a part hereof (the "Contract"). B. Assignor desires to assign the Contract to Assignee. C. Assignor assigns and transfers to Assignee all of Assignor's rights and obligations, and Assignee accepts all of Assignor's rights and obligations under the contract and any additional scope of work referenced above as of the Effective Date. Client consents to the assignment without waiver of any restrictions of further assignment. Section 1. Assignment and Assumption of Contract. (a) Assignor hereby assigns and transfers to Assignee all of its right, title, and interest in and to the Contract. Assignee hereby accepts the assignment and transfer of the Contract and hereby assumes all of Assignor's duties, obligations, and liabilities thereunder. (b) Assignee is entitled to all of the rights and benefits, and shall bear all of the duties, obligations, and liabilities, with respect to the Contract arising on or after the Effective Date. All monies due under the Contract with respect to services performed prior to the Effective Date shall be paid to Assignor; and all monies due under the Contract with respect to services performed on or after the Effective Date shall be paid to Assignee. If Assignee receives any monies from Owner or any other party to the Contract with respect to services perfonned on or before the Effective Date, Assignee shall immediately transfer such amount to Assignor. Assignor shall notify Owner of this Agreement and shall instruct Owner to make all payments for services performed on or after the Effective Date to Assignee. Section Z. Indemnification. To the fullest extent permitted by law, Assignee hereby agrees that it shall defend, indemnify, and hold harmless Assignor (including Assignor's employees and agents) from and against any and all claims, liabilities, damages, losses, suits, costs, and expenses of every kind, nature, and type (including reasonable attorneys' fees) asserted by any person, entity, or party for or on account of obligations and liabilities arising out of or under the Contract on or after the Effective Date. Section 3. Severability. If any provision of this Agreement shall be held to be invalid, such holding shall not in any way whatsoever affect the validity of the remainder of this Agreement. Section 4. Binding Effect. This Agreement shall be binding upon, and shall inure to the benefit of, Assignor, Assignee, and their respective successors and assigns. Section 5. Counterparts. This Agreement may be executed in multiple counterparts, each of which is identical and each of which shall be deemed to be an original; and all such counterparts together shall constitute but one instrument. IN WITNESS WHEREOF, Assignor and Assignee have executed this Assignment and Assumption Agreement as of the Effective Date. ASSIGNOR: ARCADIS U.S., INC By. /n �iiL/U.•'i. John Mastracchio Associate Vice President ASSIGNEE: Raftelis Financial Consultants, Inc. By:-.4uaJO-6 k-, Richard Giardina Executive Vice President CLIENT: CITY OF PRESCOTT, ARIZONA (Name) (Title) m