NEW BUSINESS
CITYWIDE
AMEND MEMORANDUM OF AGREEMENT FOR USE OF FLIGHT TRACK DATA FOR AIRCRAFT NOISE MONITORING
Request authorization for the City Manager to negotiate and execute an amendment to Memorandum of Agreement 119877 (MOA) between the City of Phoenix, the Federal Aviation Administration, the City of Tempe, and Williams Gateway Airport Authority to allow the parties access to Standard Terminal Automation Replacement System (STARS) flight track data in support of Phoenix Sky Harbor International Airport's noise compatibility plan under the Title 14 Code of Federal Regulations Part 150.
The purpose of this amendment is to modify the term for another two years. The City Council approved the last MOA on October 11, 2006. The current MOA expires on October 12, 2008. This amendment extends the term of the Agreement until October 12, 2010. All other agreement terms remain the same.
This item is recommended by Ms. Maccarone and the Aviation Department.
DISTRICT 7
PROPOSED TRES RIOS ANNEXATION - FILING
Request to authorize the City Manager to file with the Office of the County Recorder a blank petition containing a map of an area proposed to be annexed, designated as the proposed Tres Rios Annexation.
This annexation was requested by the City of Phoenix Water Services Department to incorporate this portion of the Tres Rios Environmental Rehabilitation Project into the City. The proposed annexation area includes approximately 277.74 acres (0.46 square miles) and the population is estimated to be 0. The general boundaries of the area are Southern Avenue on the north, Salt River alignment on the south, 95th Avenue on the east, and 107th Avenue on the west.
This action is being requested to comply with Arizona Revised Statutes, Section 9-471. Signatures on the proposed annexation petition shall not be obtained for a waiting period of thirty days after filing the blank petition with the County Recorder's Office. A public hearing will be scheduled within the thirty-day waiting period to discuss the annexation proposal.
Maps accompany this item on the following page.
This item is recommended by Ms. Takata and the City Clerk Department.
CITYWIDE
DEVELOPMENT SERVICES DEPARTMENT FINANCIAL UPDATE
Request by the Development Services and Personnel Departments for approval to offer employee severance plans to help minimize potential layoffs as a result of budget reductions in force. As a result of a continuing decline in construction activity, 39 positions are being eliminated in Development Services effective September 22, 2008. Of the 39 positions eliminated, 15 are vacant, leaving 24 employees who will be impacted.
This plan calls for the use of voluntary retirements and voluntary severance to be paid if a layoff is avoided. Voluntary retirement payments include two percent of base salary up to $40,000; one percent for the next $40,000, and .5 percent for any additional salary for each year of full-time, regular, continuous City service. (Voluntary retirements can only be made available to employees already eligible to retire.) Voluntary and involuntary severance would include two percent of pay for each year of full-time, continuous, regular City service with a minimum of two weeks pay guaranteed. The proposed severance package also includes, for employees who are laid off, a continuation for two months of the City portion of medical and dental insurance and assistance with resume preparation, job searches, unemployment claims, and recall rights.
This item was scheduled to be heard by the Transportation and Infrastructure Subcommittee on September 4, 2008.
This item is also recommended by Mr. Cavazos and the Development Services Department.
DISTRICT 1
WS85260022 - DVWTP EAST BASINS RECONSTRUCTION - CM@RISK - CONSTRUCTION CONTRACT AMENDMENT
Request to authorize the City Manager, or his designee, to amend Construction Manager at Risk (CM@Risk) Contract 122354 with McCarthy Building Companies, Inc. to provide additional construction phase services for the Deer Valley Water Treatment Plant (DVWTP) East Basins Reconstruction project. Approval of additional funds in the amount of $6,307,160 is requested for Guaranteed Maximum Price (GMP) 4 for construction of new water treatment facilities to replace failed structures on the east side of the process area. Construction includes new Pre-Sed basins, Rapid Mixer basins, CIO2 facilities, GAC Filter Absorber basins, and other requisite construction activities such as earthwork piping, etc. The CM@Risk's total estimated construction cost for this project will be increased to $117,207,160.
Additionally, request to authorize the City Manager, or his designee, to take all action as may be necessary or appropriate and to execute all utilities-related design and construction agreements, licenses, permits, and requests for utility services relating to the development, design, and construction of the project. Such utility services include, but are not limited to: electrical, water, sewer, natural gas, telecommunications, cable television, railroads, and other modes of transportation. This authorization excludes any transaction involving an interest in real property.
McCarthy Building Companies, Inc. was chosen for this project using a qualifications-based selection process, as authorized by Title 34-603 of the Arizona Revised Statutes and managed by the City Engineer.
Financial Impact
The CM@Risk's construction cost includes all subconsultant, subcontractor, and reimbursable costs. Funds are available from the Water Services Department's Capital Improvement Program using Water Civic Improvement Corporation Bonds.
Affirmative Action
The subject firm is eligible to do business with the City of Phoenix until April 9, 2009, by its compliance with the affirmative action requirements of the City Code, Chapter 18, Article IV. The firm is responsible for maintaining its eligibility during the life of the contract and failure to do so may result in termination of the contract.
M/W/SBE Report
A combined goal of three percent for Minority/Women/Small Business Enterprise (M/W/SBE) subcontractor participation was established for this project.
Previous City Council Action
City Council approved award of Design Services Contract 118741 on May 3, 2006, CM@Risk Design Phase Services Contract 119611 on August 30, 2006, and CM@Risk Construction Phase Services Contract 122354 on October 3, 2007.
Citizen Notification
There has been no public notification or meetings to date regarding this project.
This item is recommended by Mr. Cavazos and the Engineering and Architectural Services Department.
DISTRICT 1
WS85260024 - INSTRUMENTATION AND CONTROLS SYSTEMS INSPECTIONS AND TESTING - DEER VALLEY WATER TREATMENT PLANT
Request to authorize the City Manager to enter into an agreement with Black & Veatch Corporation to provide instrumentation and control system testing and inspection services at the Deer Valley Water Treatment Plant. The Engineer shall participate in design, construction, and will assist the Operations and Maintenance staff on testing and training needs.
Black & Veatch Corporation was chosen for this project using a qualifications-based selection process authorized by Title 34-603 of the Arizona Revised Statutes. Based on this selection process, Black & Veatch Corporation was determined to be the most qualified firm to provide the required services in support of the Water Services Department.
The Engineer's fee shall not exceed $252,115, including all subconsultant and allowable costs.
Additionally, request to authorize the City Manager to take all action as may be necessary or appropriate and to execute all utilities-related design and construction agreements, licenses, and requests for utility services relating to the development, design, and construction of the project. Such utility services include, but are not limited to: electrical, water, sewer, natural gas, telecommunications, cable television, railroads, and other modes of transportation. This authorization excludes any transaction involving an interest in real property.
Financial Impact
Funding for this project is available in the Capital Improvement Program from Water Revenue funds.
Affirmative Action
The subject firm is eligible to do business with the City of Phoenix until September 25, 2008, by its compliance with the affirmative action requirements of the City Code, Chapter 18, Article V. The firm is responsible for maintaining its eligibility during the life of the contract and failure to do so may result in termination of the contract. Black & Veatch Corporation has been contacted by Engineering and Architectural Services Department staff regarding the expiration date of their affirmative action plan. They will submit a current plan prior to expiration.
This Council award is subject to execution of the agreement by all of the parties.
The Water Services Department concurs with this request.
This item is also recommended by Mr. Cavazos and the Engineering and Architectural Services Department.
DISTRICT 5
PA75300046 - CONSTRUCTION SERVICES AGREEMENT WITH SOUTHWEST GAS CORPORATION FOR NATURAL GAS FACILITIES
Request to authorize the City Manager to enter into a construction services agreement with Southwest Gas Corporation. The purpose of this agreement is to allow for the construction of natural gas facilities associated with City of Phoenix Project PA75300046 at the Maryvale Pool, 4444 North 51st Avenue.
Financial Impact
Funding in the amount of $1,833 for this project is available through the City of Phoenix Parks and Recreation Department's 2006 Parks General Obligation Bonds fund.
Citizen Notification
No citizen notification is required.
This item is recommended by Mr. Naimark and the Engineering and Architectural Services Department.
DISTRICT 5
WS85500358 - WATER MAIN REPLACEMENT DESIGN - MISSOURI AVENUE TO BETHANY HOME ROAD - 31ST AVENUE TO 35TH AVENUE
Request to authorize the City Manager to enter into an agreement with CSA Engineering, Inc. to prepare design plans, specifications, and cost estimates for the construction of approximately 28,680 linear feet of water main and approximately 610 water services connections. This project is located in the area bounded by Missouri Avenue to Bethany Home Road, 31st Avenue to 35th Avenue. The construction cost estimate is $3.1 million.
The engineering services shall include data acquisition, field survey, engineering design, permitting, and the preparation of construction documents.
The Engineer's fee shall not exceed $301,861, including all subconsultant and reimbursable costs.
CSA Engineering, Inc. was chosen for this project using a qualifications-based selection process as authorized by Title 34-603 of the Arizona Revised Statutes. Based on this selection process, CSA Engineering, Inc. was determined to be the most qualified firm to provide the required services for this project.
Additionally, request to authorize the City Manager to take all action as may be necessary or appropriate and to execute all utilities-related design and construction agreements, licenses, permits, and requests for utility services relating to the development, design, and construction of the project. Such utility services include, but are not limited to: electrical, water, sewer, natural gas, telecommunications, cable television, railroads, and other modes of transportation. This authorization excludes any transaction involving an interest in real property.
Financial Impact
Funds are available in the Capital Improvement Program budget using Water Civic Improvement Corporation Bonds.
Affirmative Action
The subject firm is eligible to do business with the City of Phoenix until April 20, 2010, by its compliance with the affirmative action requirements of the City Code, Chapter 18, Article V. The firm is responsible for maintaining its eligibility during the life of the contract and failure to do so may result in termination of the contract.
This Council award is subject to execution of the agreement by all of the parties.
The Water Services Department concurs with this request.
This item is also recommended by Mr. Cavazos and the Engineering and Architectural Services Department.
DISTRICT 7
PA75200236 - CONSTRUCTION LICENSE - SALT RIVER PROJECT FOR IRRIGATION SYSTEM IMPROVEMENTS AT KUBAN PARK
Request authorization and acceptance to enter into a construction license agreement with Salt River Project at Kuban Park located at 33rd Avenue and Sherman Street. The purpose of this construction license is to allow for irrigation system construction within the right-of-way of Salt River Project for City of Phoenix Project PA75200236.
Financial Impact
There is no financial impact to the City of Phoenix.
Citizen Notification
No citizen notification is required.
This item is recommended by Mr. Naimark and the Engineering and Architectural Services Department.
DISTRICT 7
ST85100035 - DESIGN AND CONSTRUCTION AGREEMENTS WITH SALT RIVER PROJECT FOR ELECTRICAL FACILITIES
Request to authorize the City Manager, or his designee, to enter into two design and construction service agreements with Salt River Project. The purpose of these agreements is to allow for the design and construction of electrical facilities associated with City of Phoenix Project ST85100035 at the following two locations: 209 South 67th Avenue and 6661 West Grant Street.
Financial Impact
Funding for this project is available through the City of Phoenix Street Transportation Department's Capital Improvement Arizona Highway User Revenue budget. The two agreements require $1,775 each, for a total of $3,550.
Citizen Notification
No citizen notification is required.
This item is recommended by Mr. Fairbanks and the Engineering and Architectural Services Department.
DISTRICT 7
ST85100130 - DESIGN AND CONSTRUCTION SERVICES AGREEMENT WITH SALT RIVER PROJECT FOR A NEW SERVICE PEDESTAL
Request to authorize the City Manager to enter into a design and construction agreement with Salt River Project. The purpose of this agreement is to allow for the design and construction of a new service pedestal associated with City of Phoenix Project ST85100130 at 6305 West Van Buren Street.
Financial Impact
Funding in the amount of $1,775 for this project is available through the City of Phoenix Street Transportation Department's Capital Improvement Program budget using Arizona Highway User Revenue.
Citizen Notification
No citizen notification is required.
This item is recommended by Mr. Fairbanks and the Engineering and Architectural Services Department.
DISTRICT 7
ST85100171 - CONSTRUCTION SERVICES AGREEMENT WITH SALT RIVER PROJECT FOR CONSTRUCTION OF ELECTRICAL FACILITIES
Request to authorize the City Manager, or his designee, to enter into a construction services agreement with Salt River Project. The purpose of this agreement is for the construction of electrical facilities associated with City of Phoenix Project ST85100171 on Southern Avenue from 19th Avenue to 27th Avenue.
Financial Impact
The $20,141 funding for this project is available through the City of Phoenix Street Transportation Department's Capital Improvement budget.
Citizen Notification
No citizen notification is required.
This item is recommended by Mr. Fairbanks and the Engineering and Architectural Services Department.
DISTRICT 7
WS90160080 - REGIONAL CAPACITY MANAGEMENT FACILITIES PHASE 1 - CM@RISK - CONSTRUCTION CONTRACT AWARD
Request to authorize the City Manager, or his designee, to enter into an agreement with Sundt Construction, Inc. to provide Construction Manager at Risk (CM@Risk) construction phase services for the initial phase of the Regional Capacity Management Facilities (RCMF) project. Approval of funds in the amount of $18.3 million is requested for Guaranteed Maximum Price (GMP) Numbers 1 and 2. The CM@Risk's total estimated construction cost for phase 1 construction is $18.3 million.
The project consists of construction to increase capacity within the Salt River Outfall/Southern Avenue Interceptor (SRO/SAI) Interceptor System to convey current peak wastewater flows to the 23rd Avenue and 91st Avenue Wastewater Treatment Plants (WWTP) to meet existing system regulatory requirements. The project will be completed in multiple phases. The initial phase includes construction of an equalization basin, pump station, and distribution system at the 23rd Avenue WWTP in support of the RCMF program. Additional City Council approval will be requested for the remaining phases.
Additionally, request to authorize the City Manager, or his designee, to take all action as may be necessary or appropriate and to execute all utilities-related design and construction agreements, licenses, permits, and requests for utility services relating to the development, design, and construction of the project. Such utility services include, but are not limited to: electrical, water, sewer, natural gas, telecommunications, cable television, railroads, and other modes of transportation. This authorization excludes any transaction involving an interest in real property.
The CM@Risk was chosen for this project using a qualifications-based selection process, as authorized by Section 34-603 of the Arizona Revised Statutes and managed by the City Engineer.
Financial Impact
The CM@Risk's construction cost includes all subconsultant, subcontractor, and reimbursable costs. Funds are available from the Water Services Department's Capital Improvement Program using 2008 Wastewater Civic Improvement Corporation Bonds.
Affirmative Action
The subject firm is eligible to do business with the City of Phoenix until September 30, 2008, by its compliance with the affirmative action requirements of the City Code, Chapter 18, Article IV. The firm is responsible for maintaining its eligibility during the life of the contract and failure to do so may result in termination of the contract.
The CM@Risk has been contacted by the Engineering and Architectural Services Department regarding the pending expiration of their affirmative action plan. The CM@Risk will submit an update prior to the expiration date.
M/W/SBE Report
A Minority/Women/Small Business Enterprise (M/W/SBE) subcontractor participation goal has not been determined at this time due to the limited scope for the material procurement package related to Guaranteed Maximum Price (GMP) 1. An M/W/SBE goal will be set in the near future prior to issuance of GMP 2 for construction.
Previous City Council Action
City Council approved award of Design Services Contract 120792 on April 4, 2007, and CM@Risk Design Phase Services Contract 121726 on July 2, 2007.
There has been no public notification or meetings to date regarding this project.
This item is recommended by Mr. Cavazos and the Engineering and Architectural Services Department.
DISTRICT 8
ARCHAEOLOGICAL CONSULTING ON-CALL SERVICES FOR FISCAL YEARS 2008-2009 AND 2009-2010 - CONTRACT AMENDMENT
Request to authorize the City Manager to execute Contract Amendment 1 with Desert Archaeology, Inc. to increase the limit of on-call archaeological consulting services under Contract 123403 by $500,000. This on-call services contract was approved by City Council on April 16, 2008, to provide for on-call archaeological services to City departments. Amendment 1 increases the contract amount by $500,000, which increases the total contract fee from $275,000 to $775,000.
The services provided by Desert Archaeology, Inc. include monitoring, surveying, and performing limited data recovery during discovery assignments. Fees for these services, current work, and potential assignments will exceed the amount available during the contract period of service.
The archaeological firm will be compensated in accordance with the City-approved fee schedule, and all charges will be made to the specific project assignments as assigned by the Parks and Recreation Department.
Desert Archaeology, Inc. was selected through a qualifications-based selection process in accordance with Section 34-603 of the Arizona Revised Statutes and managed by the City Engineer.
Financial Impact
Fees incurred throughout the fiscal year contract term will be recovered through charges made directly to various capital improvement projects and operating budgets.
Affirmative Action
The subject firm is eligible to do business with the City of Phoenix until December 28, 2008, by its compliance with the affirmative action requirements of the City Code, Chapter 18, Article V. The firm is responsible for maintaining its eligibility during the life of the contract and failure to do so may result in termination of the contract.
This Council award is subject to execution of the agreement by all of the parties.
The Parks and Recreation Department concurs with this request.
This item is also recommended by Mr. Naimark and the Engineering and Architectural Services Department.
DISTRICT 8
LS71200067 - HARMON LIBRARY REPLACEMENT - CONSTRUCTION ADMINISTRATION
Request to authorize the City Manager, or his designee, to enter into an agreement with richärd+bauer, LLC to provide construction administration services for the Harmon Library Replacement Project. The estimated cost of construction is approximately $4.34 million.
richärd+bauer, LLC was chosen for this project using a qualifications-based selection process authorized by Title 34-603 of the Arizona Revised Statutes. Based on this selection process, richärd+bauer, LLC was determined to be the most qualified firm to provide the required services for this project.
Additionally, request to authorize the City Manager, or his designee, to take all action as may be necessary or appropriate and to execute all utilities-related design and construction agreements, licenses, permits, and requests for utility services relating to the development, design, and construction of the project. Such utility services include, but are not limited to: electrical, water, sewer, natural gas, telecommunications, cable television, railroads, and other modes of transportation. This authorization excludes any transaction involving an interest in real property.
The architect's fee for all services under this contract shall not exceed $210,040, including all subconsultant and reimbursable costs.
Financial Impact
Funding is available from 2006 Bond funds.
Affirmative Action
The subject firm is eligible to do business with the City of Phoenix until May 19, 2010, by its compliance with the affirmative action requirements of the City Code, Chapter 18, Article V. The firm is responsible for maintaining its eligibility during the life of the contract and failure to do so may result in termination of the contract.
M/W/S/DBE Report
Although no Minority, Women, Small Business, Disadvantage Business Enterprise (M/W/S/DBE) utilization goals are set on professional services contracts in support of the City's capital construction program, firms are strongly encouraged to utilize certified M/W/S/DBE firms where possible. richärd+ bauer, LLC will subcontract to the following certified firm in performing the required contract services:
Paragon Project Resources
DBE
$22,265
This Council award is subject to execution of the agreement by all of the parties.
The Library Department concurs with this request.
This item is also recommended by Mr. Naimark and the Engineering and Architectural Services Department.
CITYWIDE
IFB 07-048A - LINEN SERVICES - REQUIREMENTS CONTRACT
Request to authorize additional expenditures on IFB 07-048 to add linen services for the new Convention Center North Building. The contract is a result of IFB 07-048 awarded by formal Council Action on December 20, 2006, with Alsco, Inc. in the amount of $44,000, annually. The initial Request for Council Action did not include the costs for linen services for the North Building because the facility was still under construction.
The North Building is near completion and is scheduled to open in January 2009. Therefore, the Convention Center is requesting additional funds of $58,500, annually for services at the North Building. The revised annual contract amount is $102,500, per year.
Funds are available in the Phoenix Convention Center Department's Operating budget.
The subject firm is eligible to do business with the City of Phoenix until April 11, 2009, by its compliance with the affirmative action requirements of the City Code, Chapter 18, Article IV or V. The firm is responsible for maintaining its eligibility during the life of the contract and failure to do so may result in termination of the contract.
This item is recommended by Ms. Maccarone and the Finance Department.
DISTRICT 8
TERMINATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS
Request authorization for the City Manager, or his designee, to consent to the termination of the existing Covenants, Conditions, and Restrictions (CC&Rs) recorded against the City-owned warehouse property located at 1330 North 29th Drive, Phoenix, Arizona.
The CC&Rs were recorded in 1981 and have outlived their usefulness. The CC&Rs are unnecessarily restrictive and compliance is costly and problematic. The CC&Rs will be terminated if a majority of the affected property owners concur.
The request is recommended by the Library Department and has been reviewed by the Law Department.
This item is also recommended by Mr. Naimark.
DISTRICT 8
FINAL PLAT - THE WERKS C & C, INC. - 080083
The following final plat has been reviewed by the Development Services Department in accordance with the provisions of Section 32-21 of the Phoenix City Code of the City of Phoenix, and was approved on August 21, 2008:
Plat 080083
Project 03-2009
Name of Project: The Werks C & C, Inc.
A One-Lot Commercial Plat
Located at 1301 East Gibson Lane, Phoenix, Arizona 85034
Owner(s): RFTC 2, LLC
Engineer(s): Travis C. Steele
It is recommended that the above plat be approved by the City Council and certified by the City Clerk. Recording of the plat dedicates the streets and easements as shown to the public.
This item is recommended by Mr. Cavazos and the Development Services Department.
REPORTS FROM CITY MANAGER, COMMITTEES, OR CITY OFFICIALS
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