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ORDINANCES AND RESOLUTIONS

 

ITEM 23

CITYWIDE

ORDINANCE G-5389 - AMEND CITY CODE - CHAPTER 7 - REGULATING AMUSEMENTS

 

Request to amend Chapter 7, Phoenix City Code, regulating amusements in the city of Phoenix.

 

The proposed ordinance would make significant changes to Chapter 7 of the City Code, which regulates amusements such as coin-operated game machines, rides, game centers, pool halls, and teenage dancehalls. Some of the changes are necessary for more effective implementation of existing policy previously established by the City Council, such as the regulation of each business to ensure that it is properly managed. Other changes relate to and update administrative provisions dealing with license fees, penalties, applications, denials, suspensions, and revocations. The changes include:

 

•	Permitting the licensing of games of chance. The City currently licenses only games of skill. This proposed change would permit the City Clerk to license games of chance as well as games of skill.
•	Requiring City Clerk approval by application in order to make a change in licensee ownership or management.
•	Clarifying the recordkeeping requirements for the owner or operator of a coin-operated game machine.
•	Amending the tagging requirement on coin-operated game machines.
•	Amending and clarifying the administrative search rules relating to the records of coin-operated game machine and concession game licensees.
•	Clarifying the "kiddie ride" exception to the licensing requirement for amusement rides.
•	Strengthening the security requirements at game centers, pool halls, and teenage dancehalls.
•	Requiring a solid barrier between the adult and non-adult portions of teenage dancehalls, if applicable.
•	Requiring a teenage dancehall to provide a premises diagram and days and hours of operation to the City Clerk in advance.
•	Narrowing the existing exemption to the teenage dancehall license requirements to limit it to qualifying charitable organizations or public or private schools.
•	Revising the rules relating to the issuance, suspension, and revocation of licenses and amusement device tags.
•	Adjusting the term of licenses to one year.
•	Adjusting license fees to ensure full cost recovery.

 

Most of the revisions are technical/administrative in nature, but three of the changes - permitting the licensing of games of chance, requiring teenage dancehalls to provide their hours of operation to the City Clerk in advance, and narrowing the charitable organization exclusion for teenage dancehalls -represent significant modifications to existing policy that staff believes will support more effective enforcement of the intent of these regulatory licensing mechanisms.

 

Information on the draft ordinance was sent to nearly 400 stakeholders, including existing licensees in all of the affected categories, as well as coin-operated game industry representatives, and prior applicants for dance hall use permits from the Planning Department.

 

Staff has incorporated input from external stakeholders and from the City of Phoenix Planning and Police Departments into the draft ordinance.

 

This item is recommended by Ms. Takata and the City Clerk Department.

 

ITEM 24

CITYWIDE

ORDINANCE G-5390 - AMEND CITY CODE - CHAPTER 12 - PERTAINING TO ELECTIONS

 

Request to amend Phoenix City Code Chapter 12, relating to elections.

 

With extensive assistance from the Law Department, the City Clerk Department proposes changes to Chapter 12 to implement Voting Centers, which the City Council unanimously approved at the Policy meeting on June 2, 2009.

 

Under the approved plan, 26 Voting Centers would replace the current 128 polling places for City elections. Voters will be able to cast their ballot at any of the Centers, rather than only at a single designated polling place. Additionally, the Centers will be open for multiple days. The early voting process will not change.

 

The proposed code changes remove provisions for traditional polling places in each precinct, create Voting Centers, and amend voting procedures accordingly. Also included are technical corrections that clarify election procedures to ensure the City Code is kept in compliance with existing laws and procedures.

 

Voting Centers would not be implemented for the September 2009 Council Election or potential November 2009 Runoff Election. The change to Voting Centers requires pre-clearance from the U.S. Department of Justice. Because of the extensive lead time required for Department of Justice review and to allow time to educate voters of the change to the election process, staff recommends that this plan be implemented for any elections that occur in 2010 and beyond. For this reason, the recommended effective date for the Code changes is January 4, 2010.

 

This item is recommended by Ms. Takata and the City Clerk Department, with concurrence by the Law Department.

 

ITEM 25

CITYWIDE

ORDINANCE G-5391 - AMEND CITY CODE - PLANNING DEPARTMENT FEE INCREASES

 

Request to amend the Zoning Fee Schedule set forth in Appendix A of the Phoenix Zoning Ordinance. (Appendix A is attached showing strikeouts on current fees and recommended new fees).

 

The proposed amended fees schedule includes an approximately 40 percent increase to the majority of current fees. The schedule also includes fees for special permits, overlay districts, certain appeals and continuances, applications by neighborhood associations, interpretations/determinations, and dust proofing. Authorization is requested for the new fees to take effect on August 1, 2009.

 

The most recent overall fee increase occurred in June 2001 and was a 17 percent increase. Of that 17 percent, 12 percent was a general fee increase that went to the Planning Department's recovery of costs. The remaining 5 percent was earmarked for technology improvements in the Planning Department.

 

APPENDIX A

 

ZONING FEE SCHEDULE

 

Section 1. [Fee schedules.]

 

The following fee schedules are hereby adopted:

 

A.	Applications for zoning amendments, hillside density waivers, written certification of zoning, promotional event permits, and specific plans shall be accompanied by appropriate fees as determined from the following schedule:

 

1.

FEES

 

1.	Rezoning to RE-35, R1-18, R1-10, R1‑8, R1‑6, S-1, AND MUA, and special permits for group homes, specialized treatment facilities, recovery homes, nursery schools, and religious retreat facilities		$1,080.00 1,515 plus $95.00 135 per acre or portion thereof
	a.	Removal of special permit	$625.00
2.	Rezoning to R-2, R-3, R-3A, P-1		$1,895.00 2,655 plus $150.00 210 per acre or portion thereof
3.	Rezoning to R-4, R-4A, R-5, P-2, AND S-2, and R-O		$2,200.00 3,080 plus $230.00 325 per acre up to 20 acres and $95.00 135 per acre for more than 20 acres
4.	REZONING TO R-O, C-O, P-1 AND P‑2		$3,500.00 PLUS $325.00 PER ACRE OR PORTION
4.5.	Rezoning to Resort District, C-O, C-1, C-2, C-3, PSCOD, Commerce Park, A‑1, A-2, GC AND UR and all special permits except those listed in subsection 1.		$2,790 3,910 plus $295.00 415 per acre up to 40 acres, $150.00 210 for more than 40 acres up to 100 acres, and $49.00 70 per acre for more than 100 acres
	a.	Removal of special permit	$625.00
	ba.	Request to waive the height and density provisions of commercial districts	If part of the original zoning request, no additional fee. If a separate request, 30 50% of underlying zoning fee.
5.6.	Rezoning to H-R, H-R1, and MR		$6,150.00 8,610 plus $590.00 830 per acre or portion thereof
	a.	Request to reduce parking requirements	If part of the original zoning request, no additional fee. If a separate request, 30% of the H-R, H-R1, or MR filing fee applicable to the property.
	b.	Request to exceed the applicable height limit	If part of the original zoning request, no additional fee. If a separate request, 30% of the H-R or H-R1 filing fee applicable to the property.
6.7.	Rezoning to PC		$4,685.00 6,560 plus $49.00 70 per acre or portion thereof over 40 acres
	a.	Amendment to an approved PC district for 15 acres or less for a residential district	$3,330.00 4,665
	b.	Amendment to an approved PC District for more than 15 acres for a nonresidential use or multiple locations of any uses	$7,460.00 10,445
	c.	Administrative amendment to an approved PC District	$1,260.00 2,000 plus $625.00 for each 20 acres or portion thereof over the first 20 acres.
7.8.	Rezoning to Planned Unit Development (PUD)		$3,000.00 + 4,200 PLUS $50.00 70 per acre or portion thereof
	a.	Major amendment to an approved PUD	Same as the original PUD application fee
	b.	Minor amendment to approved PUD	$1,500.00 2,100

 

 

9.	SPECIAL PERMIT
	a.	FOR GROUP HOMES, SPECIALIZED TREATMENT FACILITIES, DEPENDENT CARE FACILITY, AND RELIGIOUS RETREAT FACILITIES		$1,515 plus $135 per acre or portion thereof
	b.	ALL SPECIAL PERMITS EXCEPT THOSE LISTED IN SECTION 9.a.		$3,910 plus $415 per acre up to 40 acres, $210 for more than 40 acres up to 100 acres, and $68 per acre for more than 100 acres
	c.	REMOVAL OF A SPECIAL PERMIT		$875
8. 10.	Rezoning to Overlay Districts:
	a.	Arts, Culture And Small Business Overlay District (ACOD)		$1,000.00 PLUS+ $10.00 per acre or portion thereof
	b.	Planned Shopping Center Overlay District (PSCOD)		$3,910 Plus $415 per acre up to 40 acres, $210 for more than 40 acres up to 100 acres, and $70 per acre for more than 100 acres.
	c.	HISTORIC PRESERVATION		$870 PLUS $25 PER ACRE OR PORTION THEREOF
		(1)	rEMOVAL OF HISTORIC PRESERVATION OVERLAY	$870 PLUS $25 PER ACRE OF PORTION THEREOF
	d.	all overlays not addressed above		if part of the original text amendment, no additional fee. if a separate request, $3,330 for 15 acres or less and $7,460 for more than 15 acres.
9. 11.	Request for waiver of uses not permitted within corporate limits, except facilities which treat, store, or dispose of hazardous waste			$3,480.00 4,875
11. 12.	Facilities which treat, store, or dispose of hazardous waste			An initial fee of $58,500.00. If the reasonable cost of processing the application is less than $58,500.00, the difference between the reasonable cost and $58,500.00 shall be refunded to the applicant. If the reasonable cost of processing the application is greater than $58,500.00, the applicant shall be billed for the difference and such difference shall be paid in full no less than 30 days before the City Council hearing on the waiver application.
10. 13.	Specific plan fees:
	a.	Nonregulatory specific plan fees		$26,110.00 36,555 plus $1,740.00 2,440 per 100 acres or portion thereof plus $865.00 1,215 per 100 property owners or portion thereof in the specific plan area
		(1)	Maximum fee	$43,510.00 60,915
	b.	Regulatory specific plan fees		150% of nonregulatory specific plan fees
		(1)	Maximum fee	$65,275.00 91,385
	c.	Amendment to specific plan:
		(1)	Text amendment	$2,200.00 3,080

 

 

		(2)	Land use map amendment:
			No. of Acres	Density or FAR
			0--10	Up to 0.25	0--2	$1,735.00 2,430
			11--40	0.26--0.5	2--5	$3,480.00 4,875
			41--320	0.51--0.75	5--15	$5,225.00 7,315
			320	0.75	15+	$6,960.00 9,745
			If a project falls in two different fee categories, staff may require the higher fee or average the two fee categories based on the overall impact of the project.
		(3)	Mailing costs			All applicable mailing costs shall be paid by the applicant.
11. 13.	Amendment of ordinance text: TEXT AMENDMENTS:
	a.	Modification of standards for one district only				$1,965.00 2,755
	b.	Modification of standards for multiple districts				$3,440.00 4,820
	c.	Change in land uses allowed				$6,880.00 9,635
	d.	New district, overlay zone (shall include amendments to Zoning Map), or section of ordinance				$11,010.00 15,145
12. 14.	Continuances, amendments in process, referrals and advertising:
	a.	Continuance of application at applicant's request. Failure to pay the required fee within seven FOURTEEN days of Planning Commission or Zoning Hearing Officer action on the continuance shall result in the withdrawal of the application.				$590.00 830
	b.	Amendment to application during processing by applicant				$135.00 190
	c.	Applicant referred back to Planning Commission from City Council, plus additional area if amended				1/2 original fee
	d.	Readvertising in paper of general circulation as a result of b or c above				$280.00 395 per application
15.	APPEALS BY THE APPLICANT/ REPRESENTATIVE TO THE PLANNING COMMISSION OR CITY COUNCIL					$630
13. 16.	Planning hearing officer:
	a.	Requests for modification or waiver of one or two stipulations or requests for extensions of time (initial fee)				$770.00 1,080
	b.	Request for three or more modifications and/or waivers OF THREE OR MORE STIPULATIONS OR REQUEST FOR EXTENSIONS OF TIME				$1,230.00 1,725
	c.	Appeals BY THE APPLICANT/ REPRESENTATIVE to Planning Commission or City Council				$510.00 630 per appeal
	d.	Planning Hearing Officer continuance at applicant's request				$590.00 830
	e.	Certain modification to Comprehensive Sign Plan (wall signs over 56')				$1,080
14.	Appeals to Planning Commission and City Council:
	a.	Zoning by applicant				$450.00
15. 17.	Request for hillside density waiver					$1,270.00 1,780 plus $125.00 175 per acre
16. 18.	Written certification of zoning					$215.00 350
17. 19.	For each promotional event permit, there shall be a fee of:
	a.	For a major promotional event				$160.00 225
	b.	For a minor promotional event				$95.00 135
18. 20.	Private accessway dedication review fee					$1,665.00 2,335

 

2.	The fee for an application for rezoning to more than one zoning classification shall be the total of the separate fees for each zoning classification.

 

3.	NO PART OF ANY SUCH FEE SHALL BE RETURNABLE AFTER AN APPLICATION IS FILED AND SUCH FEE PAID, EXCEPT UPON PETITION BY THE APPLICANT AND APPROVED BY THE PLANNING DIRECTOR.
	For the purposes of this ordinance, the first site plan filed with the City for a site which was developed prior to annexation shall be considered as an amendment in a previously approved site plan.

 

4.

THE ABOVE FEES SHALL BE WAIVED WHEN THE APPLICANT IS THE CITY OF PHOENIX, THE COUNTY OF MARICOPA, THE STATE OF ARIZONA OR THE UNITED STATES GOVERNMENT, OR THEIR DEPENDENTS, AGENCIES AND DIVISIONS. No filing fee shall be required for an application made by the Commission or by and for the direct use of any governmental jurisdiction organized under the laws of the State of Arizona or the laws of the United States. This exception shall not apply to a nongovernmental lessee of governmentally owned land.

 

5.	Fees may be waived by the City Council to avoid duplication of charges on successive applications or undue hardship.

 

B.	Applications and appeals for zoning adjustment shall be accompanied by the appropriate fee as determined from the following schedules:

 

1.

FEES

 

1.	Appeals from any action of Zoning Administrator			Same as original fee
21.	Use permits:
	a.	Residential use in an industrial district		$350.00 490
	b.	For a nonresidential use		$985.00 1,380
	c.	All others including section 701.D		$350.00
	dc.	Extension CONTINUANCE OF AN APPLICATION AT APPLICANT'S REQUEST OR TIME EXTENSION (PRIOR TO EXPIRATION) of original permit		50% of original fee
	d.	APPLICATIONS BY REGISTERED NEIGHBORHOOD ASSOCIATIONS OR NON-PROFIT ORGANIZATIONS REGISTERED AS 501(c)3 OR 501(c)4.		$50
	e.	UNAUTHORIZED ACTIVITY		TWICE THE ORIGINAL FEE
	ef.	Maximum fee on a single application		$985.00
		(1)	RESIDENTIAL USE	$490
		(2)	NON RESIDENTIAL USE	$3,750

 

 

32.	Variances (FOR EACH VARIANCE)
	a.	Commercial variance		$985.00 1,380
	b.	Noncommercial variance		$350.00 490
	c.	ExtensionCONTINUANCE OF AN APPLICATION AT APPLICANT'S REQUEST OR TIME EXTENSION (PRIOR TO EXPIRATION) of original variance		50% of original fee
	d.	APPLICATIONS BY REGISTERED NEIGHBORHOOD ASSOCIATIONS OR NON-PROFIT ORGANIZATIONS REGISTERED AS 501(c)3 OR 501(c)4.		$50
	e.	UNAUTHORIZED ACTIVITY		TWICE THE ORIGINAL FEE
	f.	Maximum fee per application for variances on single lot		$985.00
		(1)	FOR A RESIDENTIAL PROPERTY	$490
		(2)	FOR A NON RESIDENTIAL PROPERTY	$3,750
	g.	Total fee per application for a single variance on more than one lot in a subdivision		Fee according to the schedule for the first lot, plus $37.00 65 for each additional lot. Maximum fee $995.00 5,000
	h.	Total fee per application for combination of variances on more than one lot in a subdivision lot		Fee according to this schedule for first lot plus $49.00 85 for each additional lot. Maximum fee $2,650.00 10,000
	i.	Continuance of application at applicant's request		50% of original fee
3.	APPEALS FROM ANY ZONING ADJUSTMENT HEARING ACTION
	a.	BY THE APPLICANT/ REPRESENTATIVE		SAME AS ORIGINAL FEE
	b.	BY REGISTERED NEIGHBORHOOD ASSOCIATIONS		$50.00
4.	Interpretations			$350.00
4.	FORMAL INTERPRETATIONS/ DETERMINATIONS			$500
5.	Appeal of a Board of Adjustment decision to City Council			$985.00
5.	INFORMAL INTERPRETATIONS/ DETERMINATIONS			$350 *
6.	STIPULATED REVIEW OF FORMAL ZONING ADJUSTMENT ACTION TAKEN			50% OF ORIGINAL FEE
7.	REQUEST FOR USE OF DUSTPROOF ALTERNATIVE
	a.	FOR A RESIDENTIAL USE		$25
	b.	FOR A COMMERCIAL USE		$50
8.	REGISTRATION OF GROUP HOMES (THOSE NOT NEEDING A USE PERMIT)
	a.	FOR 1-5 RESIDENTS		$50
	b.	FOR 6-10 RESIDENTS		$250

 

*	INFORMAL INTERPRETATIONS ARE NOT PRESENTED IN PUBLIC HEARINGS. A FORMAL DETERMINATION MUST BE FILED TO APPEAL ANY DECISION MADE IN AN INFORMAL INTERPRETATION. THE APPLICANT MAY REQUEST THAT THE APPEAL BE FORWARDED DIRECTLY TO THE BOARD OF ADJUSTMENT.

 

62.	No part of any such fee shall be returnable after an application is filed and such fee paid, except upon petition by the applicant and approval by the Planning Director.

 

73.	The above fees shall be waived when the applicant is the City of Phoenix, the County of Maricopa, the State of Arizona, and OR the United States government, or their dependents, agencies and divisions. THIS EXCEPTION SHALL NOT APPLY TO NONGOVERNMENTAL LESSEE OF GOVERNMENTALLY OWNED LAND.

 

84.	The above fees may be waived by City Council to avoid undue hardship to the applicant.

 

9	The above fees shall be waived in all variance requests filed in Overlay Districts that would result in an increase of 20% or more in the allowed building height, lot coverage, or the building setback when being considered in the same application for a height variance for the following:

 

	a.	Homeowners located within 300 feet of the site, or
	b.	Neighborhood or homeowner's associations registered with the City that are located within 600 feet of the site for which the variance has been requested, or
	c.	Nonprofit agencies who can demonstrate that their programs, services or properties will be affected by the variance request.
	The fee waivers would not apply to the owner or applicant of the property for which the variance has been requested.

 

C.	APPLICATIONS AND APPEALS FOR MASTER DEVELOPMENT SIGN PLANS AND DETAILED PROJECT SIGN PLANS SHALL BE ACCOMPANIED BY THE APPROPRIATE FEE, AS DETERMINED FROM THE FOLLOWING SCHEDULES:

 

1.	APPEALS FROM ANY ACTION OF PLANNING DIRECTOR		SAME AS ORIGINAL FEE
2.	DOWNTOWN SIGN PLANS:
	A.	MASTER DEVELOPMENT SIGN PLAN	$1,710.00
	B.	DETAILED PROJECT SIGN PLAN	$855.00

 

This item is recommended by Mr. Cavazos, and the Planning Department and the Budget and Research Department.

 

ITEM 26

DISTRICT 6

ORDINANCE G-5369 - AMEND ZONING CODE - REZONING APPLICATION Z-8-09-6

 

(Continued from June 3, 2009) - Request to authorize the City Manager to amend the Phoenix Zoning Ordinance, Section 601, the Zoning Map of the City of Phoenix, by adopting Rezoning Application Z-8-09-6 for the P-1 (Passenger Automobile Parking - Limited) zoning district located approximately 166 feet west of the southwest corner of 42nd Street and Monterosa Street.

 

This item is recommended by Mr. Cavazos and the Planning Department.

 

ITEM 27

CITYWIDE

ORDINANCE S-36251 - PAYMENT ORDINANCE

 

Request to authorize the expenditure of public money for payment of claims against the City of Phoenix.

 

$	11,078.45	a)	To Abatix Corporation for the purchase of protective coveralls, gloves, and sock boots for the Fire Department.
	9,576.33	b)	To Alliance Resource Consulting, LLC, Long Beach, CA, for professional services associated with the recruitment of candidates for the Assistant Convention Center Director for the Personnel Department.
$	9,800.00	c)	To Arizona Emergency Products, Inc. to provide patrol vehicle make-ready services for the Public Works Department.
	10,392.00	d)	To Arizona Glove & Safety, Tempe, to provide high visibility shirts to be worn by street maintenance personnel for the Streets Transportation Department.
	13,272.38	e)	To Arizona State Hospital for competency evaluations for the Law Department.
	14,018.51	f)	To Automotive Sales Company for the purchase of various automotive shop tools to be used by the Auto Stores Division of the Public Works Department.
	13,002.00	g)	To Aviation Week, Washington, DC, for an on-line e‑mail subscription for 90 staff to Aviation Daily, an aviation news service, for the Aviation Department.
	8,706.59	h)	To Awards by C&L, Peoria, for the purchase of logo embroidered polo shirts for use by the volunteer Navigators while on duty assisting Sky Harbor International Airport passengers for the Aviation Department.
	19,004.00	i)	To Balar Equipment Corporation for equipment, parts and labor to repair hydraulic pumps at the 91st Avenue Water Treatment Plant for the Water Services Department.
	23,734.52	j)	To Beckman Coulter, Fullerton, CA, for the purchase of a Biomek FX laboratory automation workstation used to perform data analysis for the Police Department.
	28,491.57	k)	To Brown Wholesale Electric Company for the purchase of four air conditioning units to be used at the 91st Avenue Water Treatment Plant for the Water Services Department.
	10,628.50	l)	To CBIZ ActuNo Font & Benefit Consultants, Dallas, TX, for preparation of the ActuNo Font Report regarding the amended and restated retirement plan for employees of Veolia Transportation Phoenix for the Public Transit Department.
$	15,906.65	m)	To Copper State Supply, Inc., Mesa, for the purchase of two belt drive axial fans to be used at the 23rd Avenue Sewage Treatment Plant for the Water Services Department.
	14,829.87	n)	To Copper State Supply, Inc., Mesa, for the purchase of a customized mag meter used in flow measurement for the Water Services Department.
	12,722.91	o)	To Copper State Supply, Inc., Mesa, for the purchase of manhole lid plugs for the Water Services Department.
	10,746.05	p)	To Curbside Cyclery to supply miscellaneous replacement bicycle parts to be used by Airport Police at Phoenix Sky Harbor International Airport for the Aviation Department.
	9,017.82	q)	To CW Carter Company for the purchase of small storage cabinets for the Public Works Department.
	32,920.00	r)	To GE Inspection Technologies, LP, Skaneateles, NY, for the purchase of a 8.4mm video probe system for the Police Department.
	12,335.88	s)	To Heidelberg USA, Inc., Dallas, TX, for the maintenance, repair, and technical support of printing presses for the City Clerk Department.
	9,727.50	t)	To Hunkapi Programs, Inc., Scottsdale, to provide the services of their Horse Program in support of youth crime prevention through interactions with horses for the Police Department.
	17,783.99	u)	To Lenovo, Inc., Pittsburgh, PA, for the purchase of eight laptop computers and accessories for the Fire Department.
	36,433.13	v)	To Looks Good Enterprises, LLC, Scottsdale, to provide various garbage truck signs for the Public Works Department, as prepared by the Printing Services section of the City Clerk Department.
	14,346.29	w)	To M3T, LLC to supply outdoor public announcement systems for the Phoenix Convention Center.
$	9,002.68	x)	To Praxair for the purchase of miscellaneous metal welding and cutting equipment for the Public Works Department.
	25,400.14	y)	To RCD Cleaning Service, Inc. to provide custodial services at the Agave Branch Library through October 31, 2009, for the Public Works Department.
	29,600.00	z)	To Safe Transportation Training Specialists, LLC, Carmel, IN, to provide a liquid cargo tank to be used for tank truck emergency response for the Fire Department.
	9,528.25	aa)	To Sherwin Industries, Peoria, to supply various safety barricades and accessories for the Aviation Department.
	45,762.17	ab)	To Southland Filtration for the purchase of four refurbished air coolers to be installed at the South Air Cargo Complex at Phoenix Sky Harbor International Airport for the Aviation Department.
	9,604.00	ac)	To Spectrolab, Sylmar, CA, for the purchase of seven helicopter searchlights for the Police Department.
	24,863.65	ad)	To Standard Restaurant Equipment for the replacement of an electric food well used in food preparation at the Paradise Valley Community Center for the Human Services Department.
	10,954.73	ae)	To Synagro Southwest, Chicago, IL, to provide biosolids removal service on an as-needed basis for the Water Services Department.
	32,794.00	af)	To Truck Works, Inc. for the purchase of a 4,000‑gallon roll off water-tank to be used in solid waste disposal for the Public Works Department.
	23,345.28	ag)	To United Rentals, Tempe, for the purchase of two self propelled scissor lifts for the Aviation Department.
	41,730.00	ah)	To Warren P Keysar, Glendale, to provide repairs and modifications on three helicopters of the Police Department.

 

This requests continuing payment authority, up to amounts indicated, for the following contracts and/or bids awarded:

 

$	1,560,000.00	ai)	To Black Box Network Services to exercise an option to extend, originally approved on June 7, 2006, to continue to provide maintenance and software upgrades for the Ericsson PBX, including other telephone systems, for the Information Technology Services Department.
	15,444.66	aj)	To Christina Correa and Julie Morales and/or Assignee(s) to provide displacement relocation assistance as a part of the Community Noise Reduction Program for the Aviation Department by the Finance Department.
	39,000.00	ak)	To Compuware Corporation, Detroit, MI, for annual software license renewals under Agreement CT46005 for Fiscal Year 2009-2010 for the Information Technology Services Department.
	400,000.00	al)	To Cramer-Krasselt Company, to exercise an option to extend, originally approved on August 29, 2007, to continue to provide advertising services under Agreement 117098 for Phoenix Sky Harbor International Airport for the Aviation Department.
	15,000.00	am)	To Gary Hulbert, Chandler, to exercise an option to extend, originally approved on May 1, 2008, to continue to provide fine art conservation and repair services at Phoenix Sky Harbor International Airport under Agreement 123993 for the Aviation Department.
	10,000.00	an)	To Gateway Community College to exercise an option to extend, originally approved on August 1, 2008, for registration fees, tuition, and textbooks associated with the Building Equipment Operator Apprentice Program under Agreement 124413 for the Aviation Department.
	2,597,669.00	ao)	To Hill International to exercise an option to extend, originally approved on May 31, 2006, to continue to provide technology program management services at Phoenix Sky Harbor International Airport under Agreement 119084 for the Aviation Department.
$	970,000.00	ap)	To Honeywell Building Solutions, Chicago, IL, to exercise an option to extend, originally approved on September 27, 2007, to continue to provide Access Control and Alarm Monitoring System (ACAMS) maintenance under Agreement 122300 for the Aviation Department.
	110,000.00	aq)	To Libman Family Trust to exercise an option to extend, originally approved on June 20, 2007, under Agreement 121923 to continue to lease warehouse space at 3030 East Washington Street for the Police Department.
	29,000.00	ar)	To Mark German and/or Assignee(s) to provide displacement relocation assistance as a part of the Community Noise Reduction Program for the Aviation Department by the Finance Department.
	500,000.00	as)	To Master Marble, LTD and/or Assignee(s) to provide displacement relocation assistance as a part of the Automated Train Project for the Aviation Department by the Finance Department.
	100,000.00	at)	To PB Americas, Inc., Los Angeles, CA, to exercise an option to extend, originally approved on July 1, 2007, to continue to provide Disadvantage Business Enterprise contract compliance monitoring services under Agreement 121855 for the Aviation Department.
	10,572.00	au)	To Stratus Technologies, Atlanta, GA, to exercise an option to extend, originally approved on April 8, 2008, to continue to provide Computer Aided Drafting software maintenance services under Agreement 123354 for the Aviation Department.
	7,325,000.00	av)	To the following vendors to exercise an option to extend, originally approved on July 2, 2007, to continue to provide telecommunications carrier services under Agreement MW07-0017 for the Information Technology Services Departments: $ 325,000.00 Cox Communications 7,000,000.00 Qwest Communications

 

$	25,000.00	aw)	To Western Urban Water Coalition for membership dues and assessments for Fiscal Year 2009-2010 for the Water Services Department.
$	14,327,745.50

 

This item is recommended by Ms. Osuna and the Finance Department.

 

ITEM 28

CITYWIDE

ORDINANCE S-36252 - PAYMENT ORDINANCE

 

Request to authorize the expenditure of public money for payment of claims against the City of Phoenix.

 

This requests continuing payment authority, up to amounts indicated, for the following contracts and/or bids awarded by the City Council as of June 3, 2009.

 

$	85,000.00	a)	To American Association of State Highway and Transportation Officials for the purchase of bridge management/rating software for the Street Transportation Department.
	174,480.00	b)	To Aquatic Consulting & Testing, Inc. to execute Contract Amendment 1 to Agreement 123819, originally approved on June 4, 2008, to extend the agreement through June 30, 2010, to continue to provide professional services for mosquito vector monitoring services for the Tres Rios Demonstration Constructed Wetlands project and the Rio Salado Habitat Restoration Area for the Water Services and Parks and Recreation Departments.
	1,999,189.00	c)	To Black & Veatch Corporation to provide construction administration and inspection services for the Val Vista Water Treatment Plant GAC and Treatment Optimization project (WS85230035 and WS85230026) for the Water Services Department.
	59,565.00	d)	To Bode Technology, Lorton, VA, to provide Crime Laboratory software licenses, maintenance, and support under RFA 09-054 for the Police Department.
$	72,244.00	e)	To CGI Technologies and Solutions, Inc. to extend Software License Agreement 78434, originally approved on May 16, 1997, to continue to provide ongoing support of the City's budget software, the Budget Reporting and Analysis Support System (BRASS), through June 30, 2010, for the Budget and Research Department.
	1,488,506.53	f)	To Currier Construction, Inc. to provide Construction Manager at Risk construction phase services for the construction/rehabilitation for Group A, Steel Tank Sites project (WS85050038) for the Water Services Department.
	50,061.68	g)	To D.C. Taylor to replace the roof at the Union Hills Service Center under IFB 09-185 for the Public Works Department.
	259,185.00	h)	To Dibble Engineering to provide construction administration and inspection services in support of the PVC-Lined Concrete Sanitary Sewer and Manhole Rehabilitation projects (WS90500229) for the Water Services Department.
	334,000.00	i)	To Eaton Sales and Service to provide fuel system maintenance and repair services under IFB 09-140 from June 1, 2009 through May 31, 2012, for the Public Works Department.
	23,262.00	j)	To ForeSite Design & Construction, Inc. to provide Construction Manager at Risk pre-construction services for the Downtown Post Office project, located at 522 North Central Avenue, for the Community and Economic Development Department.
	7,922,040.00	k)	To Gilbane Building Company to amend Contract 125245, originally approved on January 7, 2009, to provide additional construction phase services for the Smoke House Trail and Cave Creek Road Police Precinct Station project (PD00000048) for the Police Department.
$	450,000.00	l)	To Greeley and Hansen, LLC to increase Contract 119780, originally approved on September 13, 2006, to continue to provide support services related to the ongoing Multi-City Subregional Operating Group Joint Exercise of Powers Agreement negotiations for the Water Services Department.
	19,500.00	m)	To Hammercraft to increase Agreement RFQ 09-134A, originally approved on January 7, 2009, to provide additional specialty art collection restoration services for the Phoenix Office of Arts and Culture/ City Manager's Office.
	150,000.00	n)	To Hazen and Sawyer, PC to increase Contract 122376, originally approved on June 13, 2007, to provide additional data collection and analysis of water end-use efficiency in the residential and non-residential customer sectors in support of the City's Water Demand Management Plan for the Water Services Department.
	800,000.00	o)	To Hensel Phelps Construction Company to increase Construction Manager at Risk Design Phase Services Contract 122481, originally approved on October 31, 2007, to continue to provide preconstruction services for vertical transportation equipment for the Stage 1 Automated Train Fixed Facilities at Phoenix Sky Harbor International Airport project (AV10000001) for the Aviation Department.
	26,200,000.00	p)	To Hensel Phelps Construction Company to increase Construction Manager at Risk Contract 123400, originally approved on April 16, 2008, to provide construction services for the aerial guideway footings and columns phase in support of the Stage 1 Automated Train Fixed Facilities at Phoenix Sky Harbor International Airport project (AV10000001) for the Aviation Department.
	155,000.00	q)	To ICL Performance Products, LP, Ontario, CA, for additional expenditures under IFB 06-228 to continue to provide Class A firefighting foam for the Fire Department.
$	115,300.00	r)	To Keller Electrical Industries to provide variable frequency drives under IFB 09-154 from June 1, 2009 through May 31, 2010, for the Water Services Department.
	125,000.00	s)	To Narasimhan Consulting Services, Inc. to provide construction administration and inspection services in support of upgrade and/or component replacement for deminimus related modifications and minor improvements at four steel tanks sites (Project WS85050038) for the Water Services Department.
	118,775.00	t)	To Project Engineering Consultants, Ltd. to increase Contract 121436, originally approved on November 14, 2007, to provide additional services and time associated with construction of the 48-inch water main and costs incurred for certified welding inspections of the casing pipe installed under State Route 101 for Project WS85500285 for the Water Services Department.
	74,979.00	u)	To Red Oak Consulting, to provide computer software compliance management support/ maintenance of and training on the functionality of the Environmental Health and Safety System and the Drinking Water Regulatory Database for the Water Services Department.
	135,000.00	v)	To Shamrock Foods Company to provide various types of bulk fresh and processed produce items for senior centers throughout the City on an as-needed basis under IFB 09-189 from July 1, 2009 through June 30, 2010, for the Human Services Department.
	81,000.00	w)	To Sirius Computer Solutions, San Antonio, TX, to provide installation of IBM hardware for the Computer Aided Dispatch and Mobil Data Computer systems under RFA 09-054 for the Police Department.
	433,654.00	x)	To Stanley Consultants, Inc. to provide design and possible construction administration and inspection services for the Wastewater SCADA System Upgrades (Project WS90400025) for the Water Services Department.
$	190,915.00	y)	To the following vendors to provide ammunition under IFB 09-160 for the Police Department: San Diego Police Equipment, San Diego, CA Scottsdale Gun Club, Scottsdale
	290,000.00	z)	To the following vendors to provide car washing services under IFB 09-147 from July 1, 2009 through June 30, 2011, for various City departments: Attention to Detail Super Star Car Wash, Goodyear Los Olivos Hand Wash Danny's Car Wash Francis and Sons Brown Group Enterprises Weiss Guys Express
	3,000,000.00	aa)	To the following vendors to provide cost estimating on-call services, on an as-needed basis through June 30, 2011, for the Engineering and Architectural Services Department: $600,000.00 Advanced Cost Solutions $600,000.00 Currie & Brown $600,000.00 Faithful + Gould $600,000.00 Hill International $600,000.00 US Cost
	2,400,000.00	ab)	To the following vendors to provide historic preservation architectural on-call services, on an as‑needed basis through June 30, 2011, for the Engineering and Architectural Services Department: $600,000.00 Historic Streetscapes, PLLC $600,000.00 Marlene Imirzian & Associate $600,000.00 Motley Design Group, LLC $600,000.00 Swan Architects, Inc.
$	12,000,000.00	ac)	To the following vendors to provide interior and exterior signage Job Order Contracting (JOC) services for the Engineering and Architectural Services Department: $6,000,000.00 Fluoresco Lighting & Signs $6,000,000.00 SummitWest Signs
	9,000,000.00	ad)	To the following vendors to provide on-call water engineering services through June 30, 2011, for the Water Services Department: $600,000.00 Black & Veatch Corporation $600,000.00 Brown and Caldwell, Inc. $600,000.00 Camp Dresser & McKee, Inc. $600,000.00 Carollo Engineers, PC $600,000.00 Damon S. Williams Associates, LLC $600,000.00 Dibble Engineering $600,000.00 Greeley and Hansen $600,000.00 HDR Engineering, Inc. $600,000.00 Malcolm Pirnie, Inc. $600,000.00 PMA Consultants, LLC $600,000.00 Primatech Engineers & Consultants $600,000.00 Project Engineering Consultants, Ltd. $600,000.00 Stanley Consultants, Inc. $600,000.00 Water Works Engineers, LLC $600,000.00 Wilson Engineers
	920,000.00	ae)	To the following vendors to provide shop papers under IFB 09-136 from June 1, 2009 through May 31, 2011, for various City departments: Office Max Spicers Paper International Paper/Xpedx Unisource Worldwide
	13,500,000.00	af)	To the following vendors to provide sports, solar, and outdoor lighting systems Job Order Contract (JOC) services for the Parks and Recreation Department: $4,500,000.00 AJP Electric, Inc. $4,500,000.00 Sellers & Sons, Inc. $4,500,000.00 Spectra Electrical Services, Inc.
$	50,000.00	ag)	To the following vendors to provide statewide hearing services for privilege license and use tax protests from July 1, 2009 through June 30, 2011, for the Finance Department: Frank L. Migray Jerry Rudibaugh
	2,127,000.00	ah)	To the following vendors to provide underwater maintenance and repair services under IFB 09-137 from June 4, 2009 through May 31, 2012, for the Water Services Department: Arizona Commercial Diving Services, Tucson Applied Diving Services
	193,756.41	ai)	To Trimble Navigation Limited to increase Contract 125119, originally approved on November 5, 2008, to provide additional licenses and to continue to provide software maintenance and technical support of the Fieldport Enterprise Software Application for the Water Services Department.
	1,000,000.00	aj)	To Wachs Utility Services to provide services to assess and evaluate water main valves in support of the Small Valve Assessment Program project (WS85500320) for the Water Services Department.
	400,000.00	ak)	To Wilson Engineers, to execute Contract Amendment 1 to Agreement 124056, originally approved on June 18, 2008, to increase and extend the agreement through October 31, 2010, to continue to provide design, construction administration, and inspection services in support of the Water Production Facilities job order contracting program for the Water Services Department.
$	86,397,412.62

 

This item is recommended by Ms. Osuna and the Finance Department.

 

ITEM 29

CITYWIDE

ORDINANCE S-36253 - PAYMENT ORDINANCE

 

Request to authorize the expenditure of public money for payment of claims against the City of Phoenix.

 

$	916,626.88	a)	To Gannett Fleming, Inc., for Change Order 4, Contract 123410, Project AV10000001. Staff initiated the change orders for additional professional services required as part of the Phoenix Sky Harbor International Airport Automated Train Project Stage 1 Final Design project for the Aviation Department, increasing the cost to $27,089,269. The amount of the original contract is $24,400,000 and the total project budget is $740,113,544 of which $411,428,119 is budgeted for construction. The project is 17 percent complete. The Budget and Research Department has confirmed the availability of budgeted Capital Improvement Program funds for the change orders.
	25,596.00	b)	To Willmeng Construction, Inc., Mesa, for Change Order 4, Contract 124036, Project ND30050070. Staff initiated the change orders for additional construction required as part of the Neighborhood Learning Center project for the Engineering and Architectural Services Department, increasing the cost to $1,596,143. The amount of the original contract is $1,522,461 and the total project budget is $2,419,183 of which $1,999,659 is budgeted for construction. The project is 80 percent complete. The Budget and Research Department has confirmed the availability of budgeted Capital Improvement Program funds for the change orders.
	45,990.00	c)	To Willmeng Construction, Inc., Mesa, for Change Order 5, Contract 124036, Project ND30050070. Staff initiated the change orders for additional construction required as part of the Neighborhood Learning Center project for the Engineering and Architectural Services Department, increasing the cost to $1,642,133. The amount of the original contract is $1,522,461 and the total project budget is $2,419,183 of which $1,999,659 is budgeted for construction. The project is 80 percent complete. The Budget and Research Department has confirmed the availability of budgeted Capital Improvement Program funds for the change orders.
$	988,212.88

 

This item is recommended by Ms. Osuna and the Finance Department.

 

ITEM 30

DISTRICT 8

ORDINANCE S-36254 - FACILITY LEASE WITH FEDERAL BUREAU OF INVESTIGATIONS AT SKY HARBOR AIRPORT

 

Request to authorize the City Manager, or his designee, to enter into a facility lease with the Federal Bureau of Investigations (FBI) to support its law enforcement actions at Phoenix Sky Harbor International Airport (PHX).

 

The FBI has jurisdiction over law enforcement responses to criminal incidents aboard commercial aircraft and other federal violations occurring at PHX. Additionally, the FBI provides joint-terrorism response at PHX in collaboration with the Airport Police Bureau.

 

The lease agreement with the FBI will be subject to the following terms and conditions:

 

1.	FBI will lease approximately 600 square feet of office space housed within the Airport Police Bureau, located at 2908 East Sky Harbor Boulevard.
2.	The term of the agreement will be five years. It will also include five, one‑year renewal options to be exercised at the sole discretion of the Aviation Director.
3.	To maximize interagency partnership and cooperation in combined law enforcement and security efforts at PHX, the City will provide this space at no cost.

 

Further, the Aviation Department requests authorization to make future additions, subtractions, and changes to FBI's exclusive space, not to exceed a lease total of 1,000 square feet, as deemed necessary to attain the highest and best use of Aviation resources, as well as to accommodate future FBI law enforcement operational needs, for the duration of the facility lease.

 

As a federal government entity, the FBI is exempt from compliance with the affirmative action requirements of the City Code Chapter 18, Article V.

 

This item is recommended by Mr. Krietor and the Aviation Department.

 

ITEM 31

DISTRICT 8

ORDINANCE S-36255 - REIMBURSE US AIRWAYS, INC. FOR TERMINAL 4 IMPROVEMENTS

 

Request to authorize the City Manager, or his designee, to issue terminal rent credits to US Airways, Inc., in the amount not to exceed $600,000, for reconfiguration and modifications to its backup generator system to facilitate the new Terminal 4 North In-line Explosive Detection System (EDS).

 

US Airways, Inc. currently has back-up power generators for its operational needs. With the design and installation of the City's Terminal 4 North In-line EDS system, US Airways, Inc.'s current generator capacity has been rendered insufficient to fully support its operations.

 

US Airways, Inc. has agreed to reconfigure and modify its existing generator system. Subject to City Council approval, the Aviation Department has agreed to reimburse US Airways, Inc. in an amount not to exceed $600,000 for this scope of work to support the implementation of the Terminal 4 North In-line EDS system.

 

US Airways, Inc. is eligible to do business with the City of Phoenix through October 30, 2009, by its compliance with the affirmative action requirements of the City Code, Chapter 18, Article IV.

 

This item is recommended by Mr. Krietor and the Aviation Department.

 

ITEM 32

DISTRICT 8

ORDINANCE S-36256 - TERMINATE RETAIL CONCESSION CONTRACT 116944 AT SKY HARBOR AIRPORT

 

Request to authorize the Aviation Department to terminate Retail Concession Contract 116944 with Host International, Inc. (Host), dba Sporting Eyes and Sunglass Designs, in Terminal 4 at Phoenix Sky Harbor International Airport (Sky Harbor).

 

Under this lease, Host rents two kiosk locations in Terminal 4 at Sky Harbor. Due to the current economic downturn, sales on the two kiosk locations included in this contract have declined dramatically. Effective rent is reaching an unsustainable level for this retailer. The operator has requested that the contract be terminated and the Aviation Department has agreed, subject to City Council approval. The contract termination would be effective July 1, 2009.

 

This item is recommended by Mr. Krietor and the Aviation Department.

 

ITEM 33

CITYWIDE

ORDINANCE S-36257 - AGREEMENT WITH DEMENNA & ASSOCIATES FOR STATE LEGISLATIVE REPRESENTATION AND CONSULTING SERVICES

 

Request to authorize the City Manager, or his designee, to enter into Amendment 2 to Agreement 121961 with DeMenna & Associates to provide professional consulting services for state legislative issues through the Office of Government Relations (GR). The term of the contract will be for one year, July 1, 2009 through June 30, 2010. The initial term of the contract was for one year, July 1, 2007, through June 30, 2008, with up to four, one-year renewals. Any renewal would require the future approval of the Mayor and Council.

 

The City engages professional contract lobbyists to assist GR in implementing the State Legislative Agenda adopted by the Mayor and Council each year. The current contract with DeMenna & Associates expires on June 30, 2009.

 

Financial Impact

Amendment 2 to Agreement 121961 is for an amount not to exceed $136,800 to include the full-year costs ($11,400 per month) for state legislative issues through June 30, 2010.

 

The City Controller is authorized to receive and disburse funds associated with this contract.

 

Affirmative Action

The subject firm is eligible to do business with the City until April 22, 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 item is recommended by Mr. Fairbanks and the City Manager's Office/ Government Relations.

 

ITEM 34

CITYWIDE

ORDINANCE S-36258 - PHOENIX SISTER CITIES CONTRACT - FISCAL YEAR 2009-2010

 

Request to authorize the City Manager to enter into a program agreement with Phoenix Sister Cities Commission, Inc. to oversee the sister city affiliations and associated programs and to deal with internationally-related matters and

delegations on behalf of the City of Phoenix. This further provides for reimbursement for costs incurred in performing under this contract up to an amount not to exceed a total expenditure of $66,513 for the period from July 1, 2009 through June 30, 2010; and further authorizing the City Controller to disburse funds.

 

This item is recommended by Ms. Takata and the City Manager's Office/Phoenix Sister Cities.

 

ITEM 35

DISTRICT 8

ORDINANCE S-36259 - REVISE INTERGOVERNMENTAL AGREEMENT BUSINESS TERMS WITH ARIZONA BOARD OF REGENTS

 

Request to authorize the City Manager, or his designee, to amend the intergovernmental agreement (IGA) with the Arizona Board of Regents (ABOR) for the development of the Health Science Education Building (HSEB) and Arizona Biomedical Collaborative II (ABC II) facility; enter into the amendment and other necessary agreements; authorize the City Controller to disburse funds; and to reimburse ABOR for costs associated with design services, offsite infrastructure, and streetscape improvements.

 

On February 4, 2004, the City and ABOR entered into an IGA (Contract 109415) for the development of academic and bio science research activities and related uses on the Phoenix Biomedical Campus (PBC) in Downtown Phoenix. An agreement has been reached with the ABOR on behalf of the three state universities on the business terms for the development of HSEB and ABC II. HSEB will be a six-story, approximately 264,000-square-foot educational facility, including 20,000 square feet of below-grade research core, to be located on approximately 2.5 acres north of the northwest corner of 7th Street and Van Buren. The project is estimated to cost $164 million and will house programs for all three state universities. ABC II will be a ten-story research and laboratory facility planned for approximately 290,000 square feet and will include an expansion of the below-grade research core and development of a utility yard located on the PBC. ABC II will be located on approximately two acres, adjacent to HSEB on the north. With the new development, the 4.5-acre site, as stated in the original IGA, will now expand to nine acres.

 

Within three months of City Council authorization, ABOR will enter into an amendment to the IGA outlining the terms and conditions of development and will complete the schematic design drawings, site plan and elevations for HSEB. Upon execution of the amendment, the City will reimburse ABOR approximately $1.1 million for the design plans and take a security interest in the design documents. If ABOR fails to satisfy the above requirement within the prescribed time, the City will have no further obligations to enter into the IGA amendment.

 

Within nine months of executing the IGA amendment, ABOR shall obtain preliminary site plan approval by the City, provide evidence of financing commitments sufficient to construct the project and satisfy all conditions precedent to enter into and execute an unsubordinated ground lease. If these conditions have been met, the City will reimburse ABOR up to $2 million for completed off-site infrastructure improvements.

 

ABOR will be required to commence construction within 18 months of execution of the IGA Amendment. If ABOR fails to meet this construction benchmark, the City shall have no further responsibilities under the terms of the IGA amendment, and ABOR shall reimburse all but Pharmacy monies to the City. ABOR must complete the project no later than 24 months following issuance of the building permit, as evidenced by obtaining a final Certificate of Occupancy (C of O). The City will reimburse ABOR up to $300,000 for streetscape improvements.

 

The City will retain ownership of the land and will lease the land to ABOR for a period of 60 years from the issuance of a C of O. At the end of the lease term, land ownership will transfer to ABOR. In consideration of the development of HSEB, the City will defer the rental payments the first ten years and recapture the payments in the last 20 years of the term.

 

For a period of three years from the execution of the IGA amendment, ABOR must enter into an additional land lease on approximately 38,000 square feet for the development of ABC II, approximately 30,000 square feet and 13,000 square feet, respectively, for the associated below-grade research core and loading dock. The business terms for ABC II will be negotiated upon ABOR'S notice of intent to exercise their option.

 

In addition to development benchmarks, HSEB shall include, but not be limited to the following design elements: pedestrian connectivity throughout the PBC and project site, incorporate a landmark signature rooftop element or integrated art in the architectural design, in addition, create open spaces, arcades, art, colonnades, and shaded walkways as identified in the Comprehensive Master Development Plan adopted by City Council in October 2007.

 

Financial Impact

Funding is available in the 2006 College of Pharmacy Bond Funds, TGen Campus Facility Fund, and the Downtown Streetscapes Trail and Connectivity Bond funds

 

Affirmative Action

As a public entity, ABOR is exempt from the affirmative action requirements of the City of Phoenix.

 

The Downtown and Aviation Subcommittee recommended approval of this item at its June 3, 2009 meeting.

 

This item is also recommended by Mr. Naimark and the Community and Economic Development Department.

 

ITEM 36

DISTRICT 8

ORDINANCE S-36260 - REVISE INTERGOVERNMENTAL AGREEMENT BUSINESS TERMS WITH GATEWAY COMMUNITY COLLEGE

 

Request to authorize the City Manager, or his designee, to revise the intergovernmental agreement (IGA) business terms with GateWay Community College (GWCC) to require a new project performance timeline, and authorizing the City Controller to disburse funds.

 

In April 2008, City Council approved the GWCC business terms for the development of a minimum of 5,000 square feet of bioscience incubator research laboratory space (Wet Lab) on the GWCC campus. In addition, authorization was granted for the City to commit up to $792,000 in Life Science Research Park bonds to reimburse GWCC for a portion of its costs associated with the development of Wet Lab space.

 

The previously approved business terms stated that commencement of construction was to occur no later than July 15, 2009, with City funds to be paid upon issuance of a Certificate of Occupancy (C of O) of the laboratory improvements no earlier than July 15, 2010. However, GWCC is unable to meet their commencement of construction date as they were awaiting confirmation of their grant request of $3 million from the federal Economic Development Administration (EDA) to expand the scope of their project. The Wet Lab will be a component of a larger facility on GWCC's campus as their overall plans call for approximately 12,000 to 14,000 square feet of wet lab and dry lab space. The expanded project has an estimated value of approximately $6 million. GWCC recently announced they are a recipient of the $3 million EDA grant.

 

The parties have not yet entered into an IGA, therefore, staff is requesting City Council authorization to revise the business terms to reflect a new construction timeline requiring the project's commencement to occur no later than October 31, 2010, and issuance of a C of O no later than December 31, 2011. If GWCC fails to meet the new performance timeline, the City's funding obligation terminates.

 

GWCC is obligated to dedicate $2 million in funds to develop the project, which cannot be subject to reappropriation and as documented by GWCC's 2004 bond allocation. If monies are reappropriated, the City's funding obligation terminates.

 

GWCC commits to design and construct the Wet Lab and will lease the Wet Lab space at below-market rates as validated by the Greater Phoenix Economic Council or other independent source. GWCC is obligated to fund the operation, maintenance and capital replacement of the Wet Lab for a minimum of 25 years and will provide an annual progress report to the City on the Wet Lab incubator program in addition to certifying compliance with the terms and conditions of the IGA. GWCC will be responsible for the proportionate repayment of City funds if the Wet Lab uses are not maintained. The IGA may contain such other terms and conditions deemed necessary or appropriate.

 

Financial Impact

Funding for the Wet Lab is available in Fiscal Year 2010-2011 utilizing $792,000 in 2006 General Obligation Life Science Research Park bond funds.

 

Affirmative Action

As a public entity, GWCC is exempt from the affirmative action requirements of the City of Phoenix.

 

The Downtown and Aviation Subcommittee recommended approval of this item at its June 3, 2009 meeting.

 

This item is recommended by Mr. Naimark and the Community and Economic Development Department.

 

ITEM 37

CITYWIDE

ORDINANCE S-36261 - RENEW CONTRACTS FOR YOUTH DEVELOPMENT SERVICES

 

Request to authorize the City Manager, or his designee, to renew contracts with Workforce Investment Act (WIA) services providers, and authorize the City Controller to disburse WIA funds in the amount up to $1,600,000 from the State of Arizona Department of Economic Security (AZDES) for the period of July 1, 2009 through June 30, 2010. These funds will be used to provide youth services under the Workforce Investment Act of 1998.

 

The Phoenix Workforce Connection (PWC) Board is responsible for the programmatic and fiscal oversight of the WIA youth program. The City of Phoenix issued a Request for Proposals, on behalf of the PWC Board, in December 2007, with proposal responses due in January 2008. The Executive Committee and Full Board approved funding recommendations for multiyear, renewable contracts in March 2008. The contracts are renewable for up to three additional years through Fiscal Year 2011-2012, based on available funds.

 

The table below illustrates the recommended funding amounts:

 

Agency		Program Year 2009		Affirmative Action Expiration Date
Arizona Call-a-Teen Youth Resources		$ 404,706		08/31/2009
Jewish Family & Children Services		$ 128,000		09/05/2009
Goodwill of Central Arizona-Offender		$ 128,000		02/20/2010
Goodwill of Central Arizona-Homeless Youth		$ 128,000		02/20/2010
Goodwill of Central Arizona-Disability		$ 128,000		02/20/2010
Goodwill of Central Arizona-Pregnant & Parenting		$ 128,000		02/20/2010
Valley of the Sun YMCA		$ 134,400		04/22/2010
Valley of the Sun United Way		$ 420,894		03/11/2010
Total Funding		$1,600,000

 

The acceptance and disbursement of these funds will provide continued access to youth services to include job placement services, occupational training and support services.

 

Affirmative Action

Contractors are eligible to conduct business with the City by their compliance with the affirmative action requirements of the City Code, Chapter 18, Article IV or V. Each contractor is responsible for maintaining its eligibility during the life of the contract and failure to do so may result in contact termination.

 

Financial Impact

No General Purpose funds are required. Funding for the contracts is provided by Workforce Investment Act Grant funds in Fiscal Year 2009-2010.

 

Concurrence

The Phoenix Workforce Connection Executive Committee approved these funding recommendations at the April 30, 2009 meeting.

 

The Economy, Commerce, and Sustainability Subcommittee approved these funding recommendations at the June 2, 2009 meeting.

 

Recommendation

This item is also recommended by Mr. Krietor and the Community and Economic Development Department.

 

ITEM 38

DISTRICT 1

ORDINANCE S-36262 - AV31000041 - DEER VALLEY AIRPORT RSA, DRAINAGE, SIGNAGE, AND LIGHTING DESIGN SERVICES - CONTRACT AMENDMENT

 

Request to authorize the City Manager, or his designee, to execute Amendment 1 to Contract 124038 with Stantec Consulting, Inc. to provide Phase II design services for the Phoenix Deer Valley Airport Runway Safety Area (RSA) project, increase the total authorized contract amount by $809,691 to $1,309,691, and further authorize the City Controller to disburse funds for the purpose of this ordinance.

 

This is a planned phasing of the project, which will complete improvements to the Runway Safety Areas. The Engineer's services for Phase II shall include, but are not limited to: electrical and visual aid design; completion of drainage analysis; design of airfield drainage improvements; design of the threshold relocation; design of runway run-up area; and design and recommendations for improvements to bring the airfield current with the Federal Aviation Administration requirements.

 

Stantec Consulting, Inc. was selected through a qualifications-based selection process in accordance with Section 34-603 of the Arizona Revised Statutes as managed by the City Engineer.

 

Financial Impact

The Engineer's fee for Phase II services shall not exceed $809,691, including all subconsultant and reimbursable costs. Funding for this project is available from Aviation Senior Revenue Bonds.

 

Affirmative Action

Stantec Consulting, Inc. is eligible to do business with the City of Phoenix until July 30, 2009, 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.

 

Previous City Council Action

The initial design phase contract was approved by the City Council on June 18, 2008, in the amount of $500,000. On March 11, 2009, City Council approved Contract 125624 for Construction Administration and Inspections Services in the amount of $50,000.

 

This Council award is subject to execution of the agreement by all of the parties.

 

The Aviation Department concurs with this request.

 

This item is also recommended by Mr. Krietor and the Engineering and Architectural Services Department.

 

ITEM 39

DISTRICT 1

ORDINANCE S-36263 - AV31000054 - DEER VALLEY AIRPORT AIRFIELD SIGNAGE AND LIGHTING IMPROVEMENTS - CM@RISK - CONTRACT AMENDMENT

 

Request to authorize the City Manager, or his designee, to amend Construction Manager at Risk (CM@Risk) Contract 125305 with CS&W Contractors, Inc. to provide construction phase services for the Deer Valley Airport Airfield Signage and Lighting Improvements project, and further authorizing the City Controller to disburse funds for the purpose of this ordinance.

 

This is for planned phase construction to meet federal requirements. The contract will be amended to add an amount not to exceed $250,000 for reconstructing various airfield runway signage and lighting including electrical circuit replacements and adjustments, sign panel replacements and modifications, and electrical vault modifications, increasing the total contract amount to $1,319,923.19.

 

CS&W Contractors, 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

The CM@Risk's additional construction cost shall not exceed $250,000, which includes all subconsultant, subcontractor, and reimbursable costs. Funds are available from Aviation Senior Lien Revenue Bonds.

 

Affirmative Action

CS&W Contractors, Inc. is eligible to do business with the City of Phoenix until September 5, 2009, 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.

 

DBE Report

A Disadvantaged-Owned Business Enterprise (DBE) subcontractor participation goal of 12 percent has been established for the initial phase of the project.

 

Previous City Council Action

City Council awarded a CM@Risk Pre-Construction Contract 124037 on June 18, 2008. On January 21, 2009, City Council approved award of the initial CM@Risk Construction Contract 125305 in the amount of $1,069,923.

 

Citizen Notification

There have been no public notifications or meetings to date regarding this project.

 

This Council award is subject to execution of the agreement by all of the parties.

 

Mr. Krietor and the Aviation Department concur with this request.

 

This item is also recommended by the Engineering and Architectural Services Department.

 

ITEM 40

DISTRICT 1

ORDINANCE S-36264 - WS85210001 AND WS90500231 - GAC RECYCLING FACILITY - HAPPY VALLEY AND 7TH AVENUE WATER, SEWER LINES, AND PAVING

 

Report of 11 bids received by the Engineering and Architectural Services (EAS) Department on May 12, 2009, for the GAC Recycling Facility; Happy Valley Road and 7th Avenue Water, Sewer Lines, and Paving project.

 

Work will include: subgrade preparation; concrete pavement; asphalt concrete permanent pavement replacement; microseal; concrete curb and gutter; concrete driveways; ductile iron water pipe; vitrified clay sanitary sewer pipe; sanitary sewer manholes; water service connections and meters; fire hydrant installations; debris cap installations; fill construction; roadway embankment; retention basin; hydroseed; concrete scupper and various other miscellaneous items.

 

The Engineer's estimate and the five lowest bids received are listed below:

 

	Totals		SBE Goals
Engineer's Estimate	$3,800,000.00		12%
Shiya-Strephans Contracting Co.	$2,083,572.00*		12%
Summit Builders	$2,329,631.34		12%
Arapahoe Utilities Infrastructures	$2,498,327.80		12%
Wheeler Construction, Inc.	$2,525,990.51		12%
B & F Contracting, Inc.	$2,606,098.43		Non-responsive

 

Recommendation

The EAS and Street Transportation Department recommend award of the base bid to the lowest responsible bidder, Shiya-Strephans Contracting Co., as asterisked, in the amount of $ 2,083,572. Further request to authorize the City Controller to disburse funds for the purpose of this ordinance.

 

One bid was deemed non-responsive for failure to submit the required Letters of Intent in meeting the Small Business Enterprise (SBE) subcontracting utilization goal, which were to be received by May 13, 2009, 5:00 pm MST.

 

Authorization is also requested for 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

Funding is available in the Water Services Department's Civic Improvement Corporation (CIC)-Water 2004, and Wastewater Revenue budget as follows:

 

Project		Funding		Total
WS85210001-3		CIC-Water 2004		$1,641,912.50
WS90500231		Wastewater Revenue		$ 441,659.50
Total				$2,083,572.00

 

Affirmative Action

The subject firm is eligible to do business with the City of Phoenix until October 25, 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.

 

SBE Report

Small Business Enterprise (SBE) subcontractor participation goal of 12 percent was approved for this project. The lowest responsible bidder proposed an SBE subcontractor participation of 12 percent, which will result in $ 403,639.57 being subcontracted to the firms listed below:

 

SBE:	Southwest Barricades	$ 61,516.57
	Concrete Placement, Inc.	$ 31,123.00
	Woody's Landscaping	$ 13,000.00
	C & L Asphalt Patching	$ 298,000.00

 

Previous City Council Action

No previous City Council action.

 

Citizen Notification

No citizen notification provided.

 

This item is also recommended by Mr. Leonard and the Engineering and Architectural Services Department.

 

ITEM 41

DISTRICT 2

ORDINANCE S-36265 - FD57100019 - FIRE STATION 72 - DESIGN-BUILD - CONSTRUCTION CONTRACT AMENDMENT

 

Request to authorize the City Manager, or his designee, to amend Design-Build Contract 123814 with FCI Constructors, Inc. to provide additional construction phase services for the Fire Station 72 project, and further authorize the City Controller to disburse the funds for purposes of this ordinance.

 

Approval of additional funds in the amount of $3,100,236 is requested for Guaranteed Maximum Price (GMP) 3 for on-site work, construction of the fire building, and utility company installations.

 

FCI Constructors, 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, this firm was determined to be the most qualified 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 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

The original design-build contract amount was $489,885. GMP Amendments 1 and 2 were processed in the amounts of $358,096 and $211,295, respectively. The total current contract amount is $1,059,276. This GMP amendment totals $3,100,236 and will increase the total contract amount to $4,159,512. The Design-Builder's cost includes all subconsultant, subcontractor, and reimbursable costs. Funds are available from Fire Department's 2006 General Obligation Bonds and Impact Fees.

 

Affirmative Action

The subject firm is eligible to do business with the City of Phoenix through July 29, 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 Minority/Women/Small Business Enterprise (M/W/SBE) subcontractor participation goal of 12 percent has been established for this project.

 

Previous City Council Action

On June 4, 2008, City Council approved award of Design-Build Contract 123814 in the amount of $490,185 for design-phase services.

 

On June 18, 2008, City Council approved additional funds in the amount of $360,000 for GMP 1 for construction of underground and off-site improvements.

 

On March 11, 2009, City Council approved an additional expenditure of $500,000 to the design-build contract required to implement Development Agreement Contract 123532 with Light of the Desert Lutheran Church, Inc., which City Council approved on April 30, 2008, for acquisition of the project site.

 

Citizen Notification

There have been no public notifications or meetings to date regarding this project.

 

This Council award is subject to execution of the agreement by all parties.

 

The Fire Department concurs with this request.

 

This item is also recommended by Mr. Washington and the Engineering and Architectural Services Department.

 

ITEM 42

DISTRICT 2

ORDINANCE S-36266 - WS85320019 - UNION HILLS WATER TREATMENT PLANT - ELECTRICAL, INSTRUMENTATION, AND CONTROLS TESTING

 

Request to authorize the City Manager to enter into an agreement with Quantum Integrated Solutions, Inc. to provide instrumentation and control system testing and inspection services at the Union Hills Water Treatment Plant, and further authorizing the City Controller to disburse funds for the purpose of this ordinance.

 

The Engineer shall participate in the design, construction, start-up, and commissioning phases of all projects associated with the Union Hills Water Treatment Plant. Services shall include site design, construction support, testing assistance, and training.

 

Quantum Integrated Solutions, Inc. 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, Quantum Integrated Solutions, Inc. 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 $100,000, 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

Funds for these services are available from Water Services Department's Capital Improvement Program budget using Water Revenue funds.

 

Affirmative Action

The subject firm is eligible to do business with the City of Phoenix until March 8, 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. Leonard and the Engineering and Architectural Services Department.

 

ITEM 43

DISTRICT 3

ORDINANCE S-36267 - WS85290023 - 24TH STREET WATER TREATMENT PLANT - ELECTRICAL, INSTRUMENTATION, AND CONTROLS TESTING

 

Request to authorize the City Manager to enter into an agreement with Tetra Tech RTW to provide instrumentation and control system testing and inspection services at the 24th Street Water Treatment Plant. The Engineer shall participate in the design, construction, start up, and commissioning phases of all projects associated with the 24th Street Water Treatment Plant. Services shall include site design, construction support, testing assistance, and training. Also, request to authorize the City Controller to disburse the funds for the purpose of this ordinance.

 

Tetra Tech RTW 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, Tetra Tech RTW 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 $100,000, 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

Funds for these services are available from the Water Services Department Capital Improvement Program budget using Water Revenue.

 

Affirmative Action

The subject firm is eligible to do business with the City of Phoenix until August 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.

 

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. Leonard and the Engineering and Architectural Services Department.

 

ITEM 44

DISTRICT 4

ORDINANCE S-36268 - PD00000041 - FAMILY ADVOCACY CENTER FACILITY REMODEL - CM@RISK PRE‑CONSTRUCTION SERVICES

 

Request to authorize the City Manager to enter into an agreement with Jokake Construction to provide construction manager at risk pre-construction services for the Family Advocacy Center Facility Remodel, and further authorizing the City Controller to disburse funds for the purpose of this ordinance. The estimated construction cost is $2 million.

 

Jokake Construction 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, Jokake Construction 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.

 

The Contractor's fee for all services under this contract shall not exceed $46,000, 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 8, 2010, 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.

 

This Council award is subject to execution of the agreement by all of the parties.

 

The Police Department concurs with this request.

 

This item is also recommended by Mr. Washington and the Engineering and Architectural Services Department.

 

ITEM 45

DISTRICT 5

ORDINANCE S-36269 - LS71200057 - PALO VERDE LIBRARY REMODEL DESIGN AND CONSTRUCTION ADMINISTRATION

 

Request to authorize the City Manager, or his designee, to enter into an agreement with Wendell Burnette Architects to provide design and construction administration services for the Palo Verde Library, and to further authorize the City Controller to disburse funds for the purpose of this ordinance.

 

Wendell Burnette Architects was chosen for this project using the direct selection process as authorized by Paragraph D, Subsection 34-103 of the Arizona Revised Statutes. Wendell Burnette Architects designed the Palo Verde Library and this previous experience makes this firm uniquely qualified to perform these services. For small projects state procurement rules allow use of direct selection in these circumstances based on the rationale that a full qualifications-based selection process would most probably arrive at the same conclusion and would needlessly subject unsuccessful proposers to additional cost and effort.

 

Additionally, request to authorize the City Manager to take all action as may be necessary or appropriate, and to execute all 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 shall not exceed $5,000, including subconsultants and allowable costs.

 

Financial Impact

Funding for this service is available from 2001 Bond funds.

 

Affirmative Action

The subject firm is eligible to do business with the City of Phoenix until May 28, 2011, by its compliance with the affirmative action requirements of the City Code, Chapter 19, 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.

 

Ms. Osuna and the Library Department concur with this request.

 

This item is also recommended by the Engineering and Architectural Services Department.

 

ITEM 46

DISTRICT 6

ORDINANCE S-36270 - ST85100280 - 20TH STREET -HIGHLAND AVENUE TO CAMELBACK ROAD - DESIGN SERVICES

 

Request to authorize the City Manager to enter into an agreement with Stantec Consulting, Inc. to provide design services and possible construction administration services for the 20th Street: Highland Avenue to Camelback Road project, and further authorizing the City Controller to disburse funds for the purpose of this ordinance.

 

The Engineer's services shall include, but not be limited to: roadway paving design and plan preparation, coordination with utilities, street light design, landscape design, water and sewer relocation, right-of-way acquisition support, and geotechnical investigation.

 

Stantec Consulting, Inc. was chosen for this project using the direct selection process as authorized by Paragraph D, Subsection 34-103 of the Arizona Revised Statutes. Stantec provided preliminary engineering and scoping documents through their on-call contract. Street Transportation Department staff feels that it is in the City's best interest to have Stantec Consulting, Inc. to provide the professional services necessary to complete the design for this project.

 

The Engineer's fee shall not exceed $133,312, 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

The $133,312 is available in the Street Transportation Department's Capital Improvement 2006 Street Bond budget.

 

Affirmative Action

The subject firm is eligible to do business with the City of Phoenix until July 30, 2009, 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. Stantec Consulting, Inc. 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.

 

M/W/SBE Report

Although no Minority/Women/Small Business Enterprise (M/W/SBE) 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/SBE firms where possible. Stantec Consulting, Inc. will subcontract to the following certified firm in performing the required contract services:

 

WBE:

Waibel Associates

$12,661

 

This Council award is subject to execution of the agreement by all of the parties.

 

The Street Transportation Department concurs with this request.

 

This item is also recommended by Mr. Zuercher and the Engineering and Architectural Services Department.

 

ITEM 47

DISTRICT 7

ORDINANCE S-36271 - AR00000014 - PHOENIX ART MUSEUM GALLERY MODERNIZATION/NEW COMMUNITY MEETING ROOM CONSTRUCTION ADMINISTRATION

 

Request to authorize the City Manager to enter into an agreement with Studio Ma to provide construction administration services for the Phoenix Art Museum Gallery Modernization and New Community Meeting Room bond projects, and further authorizing the City Controller to disburse funds for the purpose of this ordinance. The estimated construction cost is $2.9 million.

 

Studio Ma 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, Studio Ma 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.

 

The Architect's fee for all services under this contract shall not exceed $100,000, including all subconsultant and reimbursable costs.

 

Financial Impact

Funding is available from 2006 Arts and Cultural Facilities Bond funds.

 

Affirmative Action

The subject firm is eligible to do business with the City of Phoenix until March 16, 2011, 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.

 

Previous City Council Action

City Council approved Design Phase Services Contract 125108 with Studio Ma on December 10, 2008.

 

This Council award is subject to execution of the agreement by all of the parties.

 

Ms. Osuna and the Phoenix Office of Arts and Culture concur with this request.

 

This item is also recommended by the Engineering and Architectural Services Department.

 

ITEM 48

DISTRICT 7

ORDINANCE S-36272 - AR00000016 (AR00000011) - PHOENIX THEATRE NEW MAIN STAGE - CM@RISK - CONSTRUCTION CONTRACT AWARD

 

Request to authorize the City Manager, or his designee, to enter into an agreement with D.L. Norton General Contracting, Inc. to provide Construction Manager at Risk (CM@Risk) construction phase services for the Phoenix Theatre New Main Stage and Acoustical and Electrical Modifications to the existing Main Stage project; and further authorize the City Controller to disburse funds for the purposes of this ordinance.

 

This project will be constructed with multiple Guaranteed Maximum Price (GMP) proposals, which will construct a new main stage theatre as well as acoustical and electrical modifications to the existing main stage. This initial GMP of construction is for electrical and acoustical upgrades to the existing main stage theatre. Council approval for the remaining construction phases will be requested at a later date.

 

The contractor 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, this firm was determined to be the most qualified 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 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

The contractor's construction cost for the initial phase shall not exceed $500,000, which includes all subconsultant, subcontractor, and reimbursable costs. Funds for these services are available from 2006 Cultural Facilities Bonds.

 

Affirmative Action

The subject firm is eligible to do business with the City of Phoenix through July 26, 2010, 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

Minority/Women/Small Business Enterprise (M/W/SBE) subcontractor participation goals will be set closer to completion of project plans.

 

Previous City Council Action

City Council approved CM@Risk Design Phase Services Contract 124657 and Design Services Contract 124656 on October 8, 2008.

 

Citizen Notification

There have been no public notifications or meetings to date regarding this project.

 

This Council award is subject to execution of the agreement by all of the parties.

 

Ms. Osuna and the Phoenix Office of Arts and Culture Office concur with this request.

 

This item is also recommended by the Engineering and Architectural Services Department.

 

ITEM 49

DISTRICT 7

ORDINANCE S-36273 - FD57120006 (FD57120007) - FIRE TRAINING ACADEMY - DESIGN-BUILD - CONTRACT AMENDMENT

 

Request to authorize the City Manager, or his designee, to amend Design-Build Contract 121438 with FCI Constructors, Inc. to provide additional construction phase services for the Fire Training Academy project; and further authorize the City Controller to disburse funds for purposes of this ordinance.

 

Approval of additional funds in the amount of $5,300,000 is requested for Guaranteed Maximum Price (GMP) 3. GMP 3 is for construction of a recruit training building, site improvements around the building, and all site lighting.

 

FCI Constructors, 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, this firm was determined to be the most qualified 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 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

The original design-build contract amount was $1,165,744. Contract Amendment 3 was processed in the amount of $318,456 to include construction administration services. GMP Amendments 1 and 2 were processed in the amounts of $3,904,809 and $7,783,944, respectively. In addition, five change orders totaling a credit of $303,289 to the contract have been executed. The total current contract amount is $12,869,664. This GMP amendment totals $7,045,616 and will increase the total contract amount to $19,915,280. The Design-Builder's cost includes all subconsultant, subcontractor, and reimbursable costs. Funds are available from 2006 General Obligation Bonds and Fire miscellaneous contributions

 

Affirmative Action

The subject firm is eligible to do business with the City of Phoenix through July 29, 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 Minority/Women/Small Business Enterprise (M/W/SBE) subcontractor participation goal of 14 percent has been established for this project.

 

Previous City Council Action

On June 6, 2007, City Council approved award of the Design-Build contract in the amount of $1,165,744.

 

On July 2, 2007, City Council approved additional funds in the amount of $7,272,490 for the initial phase of construction.

 

On July 2, 2008, City Council approved additional funds in the amount of $5,850,000 for GMP 2 for construction of a burn building and a new recruit training building.

 

On October 8, 2008, City Council approved additional funds in the amount of $400,000 for construction administration and inspection services.

 

Citizen Notification

There have been no public notifications or meetings to date regarding this project.

 

This Council award is subject to execution of the agreement by all parties.

 

The Fire Department concurs with this request.

 

This item is also recommended by Mr. Washington and the Engineering and Architectural Services Department.

 

ITEM 50

DISTRICT 7

ORDINANCE S-36274 - ST83120034 - 23RD AVENUE AND ROESER ROAD DETENTION BASIN

 

Report of 20 bids received by the Engineering and Architectural Services (EAS) Department on April 28, 2009, for the 23rd Avenue and Roeser Road Detention Basin project.

 

The project consists of earthwork preparation; concrete mow strip; concrete sidewalk; concrete driveways; box trees, grass seeding, irrigation system; fire hydrant assembly, irrigation pipe, headwall for pipe; landscaping and irrigation; and various other miscellaneous items.

 

The Engineer's estimate and the five lowest bids received are listed below:

 

		SBE Goals
Engineer's Estimate	$2,526,943.25	11%
Knochel Brothers, Inc.	$1,334,171.20*	11%
Pierson Construction Corp.	$1,373,183.37	11%
Wheeler Construction, Inc.	$1,378,389.00	11%
Markham Contracting Co, Inc.	$1,395,850.00	Non-responsive
D&O Contractors, Inc.	$1,430,903.44	Non-responsive

 

Recommendation

The EAS and Street Transportation Department recommend award of the base bid to the lowest responsible bidder, Knochel Brothers, Inc, as asterisked, in the amount of $1,334,171.20. Further request to authorize the City Controller to disburse the funds.

 

Two bids were deemed non-responsive for failure to submit the required Letters of Intent in meeting the Small Business Enterprise (SBE) subcontracting utilization goal, which were to be received by April 29, 2009, 5:00 p.m. MST.

 

Authorization is also requested for 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

Funding is available in the Street Transportation Department's Capital Improvement budget as follows:

 

Project		Funding		Total
ST83120034-4		06 Bonds Storm Drain Bond		$ 667,085.60
ST83120034-4		State Aid Fund 1019		$ 667,085.60
Total				$1,334,171.20

 

Affirmative Action

The subject firm is eligible to do business with the City of Phoenix until August 30, 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.

 

SBE Report

Small Business Enterprise (SBE) subcontractor participation goal of 11 percent was approved for this project. The lowest responsible bidder proposed an SBE subcontractor participation of 11 percent, which will result in approximately $135,800 being subcontracted to the firm listed below:

 

SBE:

Utility Construction Company, Inc.

$ 135,800

 

Previous City Council Action

No previous City Council action.

 

Citizen Notification

No citizen notification provided.

 

This item is also recommended by Mr. Zuercher.

 

ITEM 51

DISTRICT 8

ORDINANCE S-36275 - AV10000006 - AIRPORT CAPITAL IMPROVEMENT PROGRAM, PROGRAM MANAGEMENT FIRM - CONTRACT AMENDMENT

 

Request to authorize the City Manager to execute Contract Amendment 3 with URS Corporation Americas to provide for a continuation of program management services required to support the needs of the Aviation Department's Capital Improvement Program, which includes among other projects the PHX Sky Train, the Terminal 4 Checkpoint Expansion and the In-line Explosive Detection System projects, and further authorizing the City Controller to disburse funds for the purpose of this ordinance. This contract amendment increases the contract amount by $6,000,000, which increases the total contract fee to $15,800,000.

 

URS Corporation Americas was chosen for this project using a qualifications-based selection process authorized by Title 34-603 of the Arizona Revised Statutes as managed by the City Engineer.

 

On October 10, 2007, the City Council approved the URS Corporation Americas contract for an initial five-year term, with five additional one-year options. The Notice to Proceed was issued on November 28, 2007. Continuing services for the third year of this contract include program management services and other construction project management related services as required.

 

MWSBE Report

Although no Minority/Women/Small Business Enterprise (MWSBE) 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/SBE firms where possible. Specific MWSBE services have not been identified for Fiscal Year 2009-2010, however, to date five percent of the subconsultant contracts are certified SBE.

 

Financial Impact

The Consultant's fee shall not exceed $6,000,000, including all subconsultant and allowable costs. Funds are available from Aviation Department revenue bonds and PFC#6 Bonds.

 

Affirmative Action

The subject firm is eligible to do business with the City of Phoenix until December 22, 2009, 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.

 

Mr. Krietor and the Aviation Department concur with this request.

 

This item is also recommended by the Engineering and Architectural Services Department.

 

ITEM 52

DISTRICT 8

ORDINANCE S-36276 - AV17000020 - IN-LINE EXPLOSIVE DETECTION SYSTEM - CM@RISK - CONSTRUCTION CONTRACT AMENDMENT

 

Request to authorize the City Manager, or his designee, to amend Construction Manager at Risk (CM@Risk) Contract 114359 with Turner Construction Company to provide planned construction phase services for the In-Line Explosive Detection System (EDS) project at Phoenix Sky Harbor International Airport, and further authorizing the City Controller to disburse funds for the purpose of this ordinance. Approval of additional funds in the amount of $14,500,000 is requested for Guaranteed Maximum Price (GMP) 7. The CM@Risk total estimated construction cost will be increased to $171,745,033.

 

The scope of work for GMP 7 includes the completion of civil and architectural components for the Terminal 3 EDS Building, Terminal 3 outbound conveyors and baggage screening matrix, and Terminal 4 outbound conveyors and baggage screening system for oversize bags.

 

Turner Construction Company 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

The CM@Risk's construction cost includes all subconsultant, subcontractor, and reimbursable costs. Funds are available from Passenger Facility Charges.

 

Affirmative Action

Turner Construction Company is eligible to do business with the City of Phoenix until April 15, 2010, 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.

 

DBE Report

An overall seven percent Disadvantaged-Owned Business Enterprise (DBE) subcontractor participation goal was established for this project.

 

Previous City Council Action

City Council awarded a CM@Risk Pre-Construction Contract 112354 on June 23, 2004. On January 5, 2005, City Council approved the initial CM@Risk construction contract for the amount of $88,000,000, on June 21, 2006, and on July 5, 2006. City Council respectively approved additional expenditures of $20,737,941 and $10,262,059. Additionally, on June 20, 2007, City Council approved an additional expenditure of $10,638,000 and on February 18, 2009, an additional expenditure of $27,607,033, increasing the total contract amount to $157,245,033.

 

Citizen Notification

There have been no public notifications or meetings to date regarding this project.

 

This Council award is subject to execution of the agreement by all of the parties.

 

The Aviation Department concurs with this request.

 

This item is also recommended by Mr. Krietor and the Engineering and Architectural Services Department.

 

ITEM 53

CITYWIDE

ORDINANCE S-36277 - 4108JOC046 - CONTRACT AMENDMENT 2 - CITYWIDE PAVING/CONCRETE/STORM DRAIN JOB ORDER CONTRACT EXTENSION

 

Request to authorize the City Manager, or his designee, to exercise the first and final extension of Contract 119044 with Hunter Contracting Company, Inc., and further authorizing the City Controller to disburse funds for the purpose of this ordinance.

 

If approved, the contract will be extended for an additional 24 months and an additional $8,000,000 for a total contract amount of $35,000,000.

 

The services provided by Hunter Contracting Company, Inc. will include, but are not limited to: half street paving around building sites and small to large parking lot projects which include grading, paving, concrete sidewalk, and storm drain projects and civil work associated with Parks. Minor design services may be included.

 

Hunter Contracting Company, 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, they were one of two firms determined to be the most qualified to provide the required services for this project.

 

Contract Issue Date		Original Expiration Date		Amended Expiration Date
July 26, 2006		July 26, 2009		July 26, 2011

 

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.

 

Financial Impact

Various Capital Improvement Project funds from City departments utilizing these services will be used for funding. Budget and Research will approve the availability of funds prior to issuing any job order.

 

Affirmative Action

The subject firm is eligible to do business with the City of Phoenix until March 30, 2010, by their 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 their contract and failure to do so may result in termination of their contract.

 

Previous Council Action

The original Job Order Contract was approved by City Council on June 14, 2006. On October 18, 2006, City Council approved Contract Amendment 1 to increase the contract amount from $21,000,000 to $27,000,000 or 36 months whichever occurred first.

 

SBE or DBE Report

Since some jobs will be federally funded, Disadvantage Business Enterprise (DBE) subcontractor participation goals will be established on a per project basis. Job orders not federally funded had Small Business Enterprise (SBE) subcontractor participation goals of nine percent SBE established which will be reviewed on a semi-annual basis.

 

Citizen Notification

The public will be notified on each job order agreement if notification is required.

 

This Council award is subject to execution of the agreement by all of the parties.

 

The Acting City Engineer concurs with this request.

 

This item is also recommended by Mr. Zuercher.

 

ITEM 54

CITYWIDE

ORDINANCE S-36278 - 4108JOC055 - CONTRACT AMENDMENT 2 - CITYWIDE GENERAL CONSTRUCTION JOB ORDER EXTENSION

 

Request to authorize the City Manager, or his designee, to exercise the first and final extension of Contract 120205 with Caliente Construction, Inc; and further authorizing the City Controller to disburse funds for the purpose of this ordinance. If approved, the contract will be extended for an additional 24 months and an additional $10,000,000 for a total contract amount of $25,000,000.

 

The services provided by Caliente Construction, Inc. will include, but are not limited to: various remodeling, additions, new small building construction, re‑roofing, park enhancements, painting, and other miscellaneous improvements and project management with the option of some project-related design work.

 

Caliente Construction, 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, they were one of three firms determined to be the most qualified to provide the required services for this project.

 

Contract Issue Date		Original Expiration Date		Amended Expiration Date
February 1, 2007		February 1, 2010		February 1, 2012

 

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.

 

Financial Impact

Various Capital Improvement Project funds from City departments utilizing these services will be used for funding. Budget and Research will approve the availability of funds prior to issuing any job order.

 

Affirmative Action

The subject firm is eligible to do business with the City of Phoenix until March 1, 2010, by their 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 their contract and failure to do so may result in termination of their contract.

 

Previous Council Action

The original Job Order Contract (JOC) was approved by City Council on December 13, 2006.

 

M/W/SBE Report

During the term of this JOC, the contractor is expected to meet an overall annual Minority/Women/Small Business Enterprise (M/W/SBE) subcontracting goal of 8 percent, any combination which will be reviewed on a semi-annual basis.

 

Citizen Notification

The public will be notified on each job order agreement if notification is required.

 

This Council award is subject to execution of the agreement by all of the parties.

 

The Acting City Engineer concurs with this request.

 

This item is also recommended by Mr. Zuercher.

 

ITEM 55

CITYWIDE

ORDINANCE S-36279 - 4108JOC076 - CONTRACT AWARD - STREET TRANSPORTATION DEPARTMENT SIDEWALK RAMP RETROFIT JOC

 

Request to authorize the City Manager, or his designee, to enter into an agreement with Talis Construction Corporation to provide Americans with Disabilities Act (ADA) Sidewalk Ramp Retrofit Job Order Contract (JOC) services, and further authorizing the City Controller to disburse funds for the purpose of this ordinance. The JOC contract will be for a five-year period; or the contract limit of $ 10,000,000, whichever occurs first.

 

The JOC contractor will be utilized on an as-needed basis to provide ADA sidewalk ramp retrofit services to the Street Transportation Department for various projects. The JOC contract provides a contracting option to execute work quickly and efficiently without having to individually procure services for each specific project. The JOC contract has limits that herein establish contracting capacity, rather than encumbrance of funds. The encumbrances of funds against the JOC contract occurs as contract services are identified and negotiated for a specific project. The JOC contract has been, and continues to be, a key component to the Street Transportation Department's ability to procure contract services in support of the City's $6.6 billion Capital Improvement Program.

 

The contractor 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, Talis Construction Corporation was determined to be the most qualified 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.

 

Financial Impact

Capital Construction funds, bonds, Arizona Highway User Revenue, and/or various other funds may be used. Budget and Research will approve the availability of funds prior to issuing any job order.

 

Affirmative Action

Talis Construction Corporation is eligible to do business with the City of Phoenix until November 9, 2009, by their 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 their contract and failure to do so may result in termination of their contract.

 

M/W/SBE Report

During the term of this JOC contract, the JOC contractor is expected to meet an annual Minority/Women/Small Business Enterprise (M/W/SBE) utilization goal of three percent which will be reviewed on a semi-annual basis.

 

Citizen Notification

The public will be notified on each job order agreement if notification is required.

 

This Council award is subject to execution of the agreement by all of the parties.

 

The Street Transportation Department concurs with this request.

 

This item is also recommended by Mr. Zuercher and the Engineering and Architectural Services Department.

 

ITEM 56

CITYWIDE

ORDINANCE S-36280 - WS85400011 - WATER SERVICES DEPARTMENT DISTRIBUTION FACILITIES - ELECTRICAL, INSTRUMENTATION, AND CONTROLS TESTING

 

Request to authorize the City Manager to enter into an agreement with Bay Area Instrument & Electric, Inc. to provide instrumentation and control system testing and inspection services at the Water Services Department Distribution Facilities, and further authorizing the City Controller to disburse funds for the purpose of this ordinance. The Engineer shall participate in the design, construction, start up, and commissioning phases of all projects associated with the distribution facilities. Services shall include site design, construction support, testing assistance, and training.

 

Bay Area Instrument & Electric, Inc. 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, Bay Area Instrument & Electric, Inc. 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 $285,000, 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

Funds for these services are available from Water Services Department's Capital Improvement Program budget using Water Revenue.

 

Affirmative Action

The subject firm is eligible to do business with the City of Phoenix until April 1, 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. Leonard and the Engineering and Architectural Services Department.

 

ITEM 57

CITYWIDE

ORDINANCE S-36281 - ENVIRONMENTAL PERMIT COMPLIANCE DATABASE - BUSINESS NEEEDS

 

Request to authorize the City Manager to enter into an agreement with Malcolm Pirnie, Inc. to study the business needs and provide technical requirements for an environmental permit compliance database. The cost of this study will be $84,950, and further authorizing the City Controller to disperse funds for the purposes of this ordinance.

 

Malcolm Pirnie, Inc. 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, Malcolm Pirnie, 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.

 

The Consultant's fee for all services under this contract shall not exceed $84,950, including all subconsultant and reimbursable costs.

 

Financial Impact

Funding is available in the Water Services budget for this project.

 

Affirmative Action

The subject firm is eligible to do business with the City of Phoenix until November 12, 2009, 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. Leonard and the Engineering and Architectural Services Department.

 

ITEM 58

OUT OF CITY

ORDINANCE S-36282 - WS85230045 (WS85230026) - VAL VISTA WTP GAC IMPLEMENTATION DESIGN SERVICES - CONTRACT AMENDMENT

 

Request to authorize the City Manager, or his designee, to execute Amendment 1 with Black & Veatch to provide additional design phase services for the Val Vista Water Treatment Plant (WTP) Granular Activated Carbon (GAC) Implementation project and to increase the limit of Contract 120022 by $6,020,000 from $3,188,452 to $9,208,452, and further authorizing the City Controller to disburse funds for the purpose of this ordinance.

 

Black & Veatch 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 was determined to be the most qualified firm to provide the required services in support of the Water Services Department.

 

This amendment is necessary to modify the design of GAC contactors at the Val Vista WTP. The modified design will provide operational flexibility to reduce the costs of carbon utilization by allowing the contactors to be used only when needed depending on water quality conditions. The facilities are necessary to comply with the Environmental Protection Agency's Stage II Disinfectants/ Disinfection By-Products Rule, which will become effective in 2012.

 

Previous City Council Action

City Council approved Contract 120022 for the amount of $3,188,452 on November 1, 2006, to provide engineering services for the implementation of GAC media filtration in the water treatment process at the Val Vista WTP.

 

Financial Impact

Funding for this project is available from Water Services Department's Capital Improvement Program budget using Water Civic Improvement Corporation bond funds.

 

Affirmative Action

The subject firm is eligible to do business with the City of Phoenix until October 23, 2009, 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.

 

ITEM 59

CITYWIDE

ORDINANCE S-36283 - JOINT FUNDING AGREEMENT WITH THE UNITED STATES GEOLOGICAL SURVEY FOR STORM WATER MONITORING SERVICES

 

Request to authorize the City Manager, or his designee, to enter into a joint funding agreement with the United States Geological Survey (USGS) to provide storm water monitoring services at seven outfall sites within the City's municipal storm drain system at an estimated average annual cost of $143,540. Authorization is also requested for the City Controller to disburse funds as necessary.

 

Under the terms of its Arizona Pollutant Discharge Elimination System (AZPDES) Permit AZ000003, the City is required to sample and analyze storm water discharges at seven outfall locations within the citywide storm drain system. This service has been performed by the USGS since September 2004.

 

The City does not have the equipment or staff to implement its own storm water monitoring program. Entering into an agreement with the USGS is the most cost efficient option for the City. Since the USGS has been performing this service to the City since September 2004, they have background knowledge and experience with the City's system. USGS is able to continue to provide the services with no gap in monitoring services that could subject the City to penalties for non-compliance with the AZPDES permit.

 

Financial Impact

The cost proposal received from USGS ranges from $132,437 for Fiscal Year 2010 to $163,183 for Fiscal Year 2014 (as shown below) for a total cost of $717,698 over the five-year period. These costs appear to be fair, reasonable, and within the operating budget established for these required services.

 

Fiscal Year 2010		Fiscal Year 2011		Fiscal Year 2012		Fiscal Year 2013		Fiscal Year 2014		Total
$132,437		$133,320		$137,319		$151,439		$163,183		$717,698

 

Funding is available in the Engineering and Architectural Services Department's Operating budget for these storm water monitoring services. The first payment to USGS is scheduled for January 2010.

 

Effective Dates

The joint funding agreement becomes effective October 1, 2009, when the existing agreement expires and will remain in effect until September 30, 2014. The terms of the agreement allow either party to terminate the agreement upon 60 days written notice if the work of the agreement is not being carried on in a mutually satisfactory manner.

 

This item is recommended by Mr. Zuercher and the Engineering and Architectural Services Department.

 

ITEM 60

CITYWIDE

ORDINANCE S-36284 - RFP 09-010 - STRATEGIC MARKETING STUDY

 

Request to authorize the City Manager, or his designee, to enter into a contractual agreement with The Pathfinder Group, and for the City Controller to disburse funds up to $63,500 as payment.

 

The Strategic Marketing Study will assess City assets and outline a corporate partnership policy and guidelines. The objective of the study is to identify mutually beneficial corporate partnership opportunities, NEW BUSINESS categories, and strategies that will generate additional revenue, goods, and services to the City.

 

Sixteen proposals were received by Purchasing on March 20, 2009, to provide the City of Phoenix with a Strategic Marketing Study, commencing on or about June 22, 2009. Following is a tabulation of the highest proposal scores:

 

Proposer		Total Points
The Pathfinder Group Atlanta, Georgia		855 Points*
The Superlative Group, Inc. Cleveland, Ohio		798 Points
CSL Marketing Group Plano, Texas		781 Points

 

Proposals were evaluated on the basis of the following criteria: qualifications (300 points), method of approach (300 points), cost (250 points), and proposed schedule (150 points).

 

The estimated cost for the Strategic Marketing Study, including all development expenses, is $63,500. Funding for the agreement will come from revenue already generated through the Revenue Task Force initiative.

 

It is recommended by the Deputy Finance Director and the Deputy City Manager that the proposal of The Pathfinder Group, as asterisked, be accepted as the best overall proposal, all factors considered.

 

The subject firm is eligible to do business with the City of Phoenix until March 24, 2011, 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 also recommended by Mr. Krietor.

 

ITEM 61

DISTRICT 3

ORDINANCE S-36285 - DEDICATION OF A PUBLIC UTILITY EASEMENT ACROSS CITY-OWNED LAND - 750 WEST PEORIA AVENUE

 

Request to authorize the dedication of a public utility easement across City‑owned land, and further ordering the ordinance recorded. This easement is needed in conjunction with the Neighborhood Police Station project. The location of the property is 750 West Peoria Avenue.

 

This bears the recommendation of the City Engineer and the Deputy Finance Director, with the concurrence of the Police Commander.

 

This item is also recommended by Mr. Zuercher.

 

ITEM 62

DISTRICT 8

ORDINANCE S-36286 - DEDICATION OF A PUBLIC UTILITY EASEMENT ACROSS CITY-OWNED LAND - 201 EAST PORTLAND STREET

 

Request to authorize the dedication of a public utility easement across City‑owned land, and further ordering the ordinance recorded. This easement is needed in conjunction with the Reflections Apartment's Renovation project. The location of the property is 201 East Portland Street.

 

This bears the recommendation of the City Engineer and the Deputy Finance Director, with the concurrence of the Housing Director.

 

This item is also recommended by Mr. Zuercher.

 

ITEM 63

DISTRICTS 7, 8, AND OUT OF CITY

ORDINANCE S-36287 - ACCEPTANCE AND DEDICATION OF EASEMENTS FOR PUBLIC USE

 

Request to accept easements for avigation purposes, ordering the ordinance recorded, and dedicating to public use the properties described therein.

 

				District
Limited Avigation Easement	(a)	ALFONSO AUSTIN AND JOSEPHINE AUSTIN, TRUSTEES OF THE AUSTIN FAMILY TRUST, DATED MAY 11, 1992 Easement is for avigation purposes for property located at 2822 and 2822B East Adams Street.		8
Limited Avigation Easement	(b)	MARCELINO R. CERVANTES, SR. AND CHRISTOBAL S. CERVANTES Easement is for avigation purposes for property located at 802A, 802B, 802C, 802D, and 802E South 17th Avenue.		8
Limited Avigation Easement	(c)	VERA CORONADO Easement is for avigation purposes for property located at 717 West Pima Street.		8
Limited Avigation Easement	(d)	IGNACIA CAMPOS Easement is for avigation purposes for property located at 15 and 15B East Tonto Street.		8
Limited Avigation Easement	(e)	JOSE ANGEL DOMINGUEZ PARRA AND CLAUDIA ELENA DOMINGUEZ Easement is for avigation purposes for property located at 1610 South 5th Street.		8
Limited Avigation Easement	(f)	JOE GOMEZ AND BELEN GOMEZ AND DANIEL GARCIA Easement is for avigation purposes for property located at 1634 South 5th Street.		8
Limited Avigation Easement	(g)	LEO TENNER AND LISA TENNER Easement is for avigation purposes for property located at 513 East Buckeye Road.		8
Limited Avigation Easement	(h)	CARMELA BIDONDO AND MARIA MORALES AND CHRISTOPHER L. MORALES Easement is for avigation purposes for property located at 1515 West Buckeye Road.		8
Limited Avigation Easement	(i)	MICHELLE GARCIA AND IGNACIO GARCIA AND ROSARIO RENDON Easement is for avigation purposes for property located at 2126 West Hadley Street.		7
Limited Avigation Easement	(j)	LYDIA LUERA Easement is for avigation purposes for property located at 101 West Hilton Avenue.		8
Limited Avigation Easement	(k)	AGUSTINA URIARTE Easement is for avigation purposes for property located at 1016 South 18th Avenue.		8
Limited Avigation Easement	(l)	MARILYN CAMPBELL AND BLANCHE WILLIAMS MCBROOM Easement is for avigation purposes for property located at 915 South 7th Avenue.		8
Limited Avigation Easement	(m)	WILLIAM CONNELLY Easement is for avigation purposes for property located at 321 South Beck Avenue.		Out of City
Limited Avigation Easement	(n)	WILLIAM CONNELLY Easement is for avigation purposes for property located at 323 South Beck Avenue.		Out of City
Limited Avigation Easement	(o)	WILLIAM CONNELLY Easement is for avigation purposes for property located at 325 South Beck Avenue.		Out of City
Limited Avigation Easement	(p)	WELLS FARGO BANK, N.A. Easement is for avigation purposes for property located at 329 South Beck Avenue.		Out of City
Limited Avigation Easement	(q)	BURNIC D. RICHEY AND MARIANNE RICHEY Easement is for avigation purposes for property located at 333 South Beck Avenue.		Out of City
Limited Avigation Easement	(r)	BURNIC D. RICHEY AND MARIANNE RICHEY Easement is for avigation purposes for property located at 335 South Beck Avenue.		Out of City
Limited Avigation Easement	(s)	JOE R. HUERTA, SR. AND PETRA L. HUERTA, AS TRUSTEES FOR THE HUERTA FAMILY LIVING TRUST, DATED MARCH 31, 1997 Easement is for avigation purposes for property located at 420 South Terry Lane.		Out of City
Limited Avigation Easement	(t)	W. B. HILL FAMILY, LLC Easement is for avigation purposes for property located at 406 South Terry Lane, aka 405 South Terry Lane.		Out of City
Limited Avigation Easement	(u)	W.B. HILL FAMILY, LLC Easement is for avigation purposes for property located at 407 South Terry Lane.		Out of City
Limited Avigation Easement	(v)	JACK H. PHILLABAUM AND CASSANDRA PHILLABAUM Easement is for avigation purposes for property located at 409 South Terry Lane.		Out of City
Limited Avigation Easement	(w)	JACK H. PHILLABAUM AND CASSANDRA PHILLABAUM Easement is for avigation purposes for property located at 412 South Terry Lane.		Out of City
Limited Avigation Easement	(x)	JACK H. PHILLABAUM AND CASSANDRA PHILLABAUM Easement is for avigation purposes for property located at 413 South Terry Lane.		Out of City
Limited Avigation Easement	(y)	JACK H. PHILLABAUM AND CASSANDRA PHILLABAUM Easement is for avigation purposes for property located at 414 South Terry Lane.		Out of City
Limited Avigation Easement	(z)	KENDALL MOALEM Easement is for avigation purposes for property located at 415 South Terry Lane.		Out of City
Limited Avigation Easement	(aa)	MARK H. PHILLABAUM AND CHERILYN S. PHILLABAUM Easement is for avigation purposes for property located at 419 South Terry Lane.		Out of City
Limited Avigation Easement	(bb)	HARVEY E. REEVES AND ADELINA ELEANOR REEVES Easement is for avigation purposes for property located at 950 East Curry Road.		Out of City
Limited Avigation Easement	(cc)	RICHARD ALDRICH LOUGHLIN AND LESLIE J. LOUGHLIN Easement is for avigation purposes for property located at 1100 North Esther Street.		Out of City
Limited Avigation Easement	(dd)	ALEJANDRO MORELOS AND ISMARIT MIRANDA Easement is for avigation purposes for property located at 1103 East Weber Drive.		Out of City
Limited Avigation Easement	(ee)	TRACEY L. MCKEE AND DAWN E. MCKEE Easement is for avigation purposes for property located at 1109 East Weber Drive.		Out of City
Limited Avigation Easement	(ff)	JANE A. TRAPANI AND DONALD E. TRAPANI Easement is for avigation purposes for property located at 1143 East Henry Street.		Out of City
Limited Avigation Easement	(gg)	JUAN HERNANDEZ AND MARIA D. HERNANDEZ Easement is for avigation purposes for property located at 2523 East Monroe Street.		8
Limited Avigation Easement	(hh)	LEONARD R. COPELAND AND DENISE COPELAND Easement is for avigation purposes for property located at 2532-8 East Adams Street.		8
Limited Avigation Easement	(ii)	EVA NAVARRO Easement is for avigation purposes for property located at 1013 South 4th Avenue.		8
Limited Avigation Easement	(jj)	VICENTE LOPEZ AND INEZ LOPEZ Easement is for avigation purposes for property located at 2026 West Tonto Street, aka 2022 West Tonto Street.		7
Limited Avigation Easement	(kk)	MARY BANDIN Easement is for avigation purposes for property located at 1223 South 9th Avenue, aka 1225 South 9th Avenue.		8
Limited Avigation Easement	(ll)	MARY YEE AND IRENE YEE Easement is for avigation purposes for property located at 1106 South 11th Avenue, aka 710 South 11th Avenue.		8
Limited Avigation Easement	(mm)	MARY YEE AND IRENE YEE Easement is for avigation purposes for property located at 1101 West Grant Street, aka 1103 and 1105 West Grant Street.		8
Limited Avigation Easement	(nn)	GENE A. WILLIAMS AND CYNTHIA J. WILLIAMS, AS TRUSTEES OF THE WILLIAMS FAMILY TRUST, DATED NOVEMBER 1, 2004, AS TO AN UNDIVIDED 50 PERCENT INTEREST, AND ROBERT LEE EVANS AND ERNESTINE J. EVANS, AS TRUSTEES OF THE EVANS FAMILY TRUST, DATED OCTOBER 27, 2004, AS TO AN UNDIVIDED 50 PERCENT INTEREST Easement is for avigation purposes for property located at 921 West Buckeye Road, aka 1205 South 10th Avenue.		8
Limited Avigation Easement	(oo)	JESUS MANUEL PACHECO AND DELMIRA S. PACHECO Easement is for avigation purposes for property located at 1628 South 4th Street, aka 1626 South 4th Street.		8
Limited Avigation Easement	(pp)	JOSE R. RODRIGUEZ AND CECILIA RODRIGUEZ Easement is for avigation purposes for property located at 1714B and 1714C South 1st Street, aka 1708B and 1708C South 1st Street.		8
Limited Avigation Easement	(qq)	SOPHIE R. MATA Easement is for avigation purposes for property located at 926 West Cocopah Street, aka 920 West Cocopah Street.		8
Limited Avigation Easement	(rr)	A.T. WEST AND ENEDINE A. WEST Easement is for avigation purposes for property located at 729 West Cocopah Street.		8
Limited Avigation Easement	(ss)	AARON R. ALVAREZ AND PATSY V. ALVAREZ Easement is for avigation purposes for property located at 1124 North Harold Street.		Out of City
Limited Avigation Easement	(tt)	JACK H. PHILLABAUM AND CASSANDRA B. PHILLABUAM Easement is for avigation purposes for property located at 417 South Terry Lane.		Out of City

 

This bears the recommendation of the Interim Finance Director.

 

This item is also recommended by Mr. Krietor.

 

ITEM 64

DISTRICT 8

ORDINANCE S-36288 - AMEND ORDINANCE S-30187 - DISPOSITION AND DEVELOPMENT AGREEMENTS

 

Request to amend Ordinance S-30187 to enter into disposition and development agreements with Caroline R. Azule and Leta M. Springs, allowing each to buy and develop one-half of the vacant mini-lot property located at 2716 East Wier Avenue (Lot 633 of Phoenix Mini House 29).

 

In April 2008, the City sold the west half of Lot 633 to Leta M. Springs per the development agreement. The second property owner sold her property before purchasing the east half. This amendment authorizes the sale of the east half of Lot 633 to the recorded owner of the adjacent property.

 

All other provisions are to remain unchanged.

 

This bears the recommendation of the Neighborhood Services Director and the Deputy Finance Director.

 

This item is also recommended by Mr. Naimark.

 

ITEM 65

CITYWIDE

ORDINANCE S-36289 - ACQUISITION OF LAND OWNED BY THE ARIZONA STATE LAND DEPARTMENT LOCATED IN EXISTING CITYWIDE ARTERIALS

 

Request to authorize the City Manager, or his designee, to acquire fee title in all, or portions of, improved or vacant Arizona State Land Department (ASLD) property located citywide in existing arterial streets. The land consists of approximately 160 total acres and is to be incorporated as City of Phoenix right‑of-way.

 

Acquisition is to be by donation or purchase within the appraised value approved by the City.

 

Further authorizing the City Controller to disburse funds to purchase the property within the appraised value approved by the City, plus usual and customary closing costs.

 

In addition, request approval to exempt the Arizona State Land Department, its officers, employees, agents, and assigns from the requirements of Phoenix City Code § 42-13 concerning indemnification and assumption of liability by the City of Phoenix.

 

Financial Impact

Funding is available in the Street Transportation Department's Capital Improvement Arizona Highway User Revenue budget.

 

This bears the recommendation of the Interim Street Transportation Director and the Deputy Finance Director.

 

This item is also recommended by Mr. Zuercher.

 

ITEM 66

OUT OF CITY

ORDINANCE S-36290 - ACCEPT ASSIGNMENTS ON LEASES 125680 AND 125938 FOR CITY-OWNED LAND LOCATED IN MCMULLEN VALLEY, LA PAZ COUNTY, ARIZONA

 

Request to authorize the City Manager, or his designee, to accept the assignment of the lessee's interest in Lease 125680 for approximately 10,384 acres of City-owned farmland in La Paz County, Arizona, from Larry K. Hancock, dba LKH Farming, to LKH Farming, an Arizona partnership. Further authorizing assignment of the sublessee's interest in Lease 125938 for approximately 1,040 acres of farmland also in La Paz County currently leased by the City from the State of Arizona Land Department from Larry K. Hancock, dba LKH Farming, to LKH Farming, an Arizona partnership.

 

This request is to change the lessee name to comply with the new farm bill rules for U.S. Department of Agriculture Farm Security Administration, which requires that the lease be in the name of a company, not an individual.

 

All other terms and conditions of the farming lease and sublease will remain unchanged.

 

Affirmative Action

LKH Farming is eligible to do business with the City until February 10, 2010, by their 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 bears the recommendation of the Assistant Water Services Director and the Deputy Finance Director.

 

This item is also recommended by Mr. Cavazos.

 

ITEM 67

DISTRICT 3

ORDINANCE S-36291 - APPLY FOR SUNNYSLOPE MANOR HAP FUNDS, CONTRACT WITH HUD, AND ACCEPT AND DISBURSE FUNDS

 

Request to authorize the City Manager to apply for Housing Assistance Payment (HAP) funds for the Sunnyslope Manor Apartment Community and, if approved for said funds, enter into an agreement, and execute all other applicable documents with the U.S. Department of Housing and Urban Development (HUD). Further authorizing the City Controller to accept and disburse HAP funds for the Sunnyslope Manor Apartment Community pursuant to the agreement.

 

Sunnyslope Manor, which is located at 205 East Ruth Avenue, is a Section 8 New Construction property owned by the City of Phoenix that houses qualified seniors 62 years and older and disabled individuals. The City of Phoenix initially entered into a contract with HUD to obtain HAP funds for Sunnyslope Manor in June 1979. The current contract expires in June 2009.

 

Financial Impact

There is no impact on the General Purpose fund.

 

This item is recommended by Mr. Naimark and the Housing Department.

 

ITEM 68

CITYWIDE

ORDINANCE S-36292 - ACCEPT SENIOR COMPANION PROGRAM FUNDING FOR FISCAL YEAR 2009-2010

 

Request to authorize a contract with the Corporation for National and Community Service (CNCS) for Senior Companion Program funding in an amount up to $404,600 for the period of July 1, 2009 through June 30, 2010.

 

Authorization is also requested for the City Controller to accept and disburse the funds and pay all claims against the City related to this grant award.

 

Program Impact

The City of Phoenix Senior Companion Program recruits and trains approximately 94 volunteers who are funded to provide 96,048 hours of service annually by partnering with community-based organizations, the Human Services Department Senior Centers, and City-operated housing sites that contract to serve as volunteer stations. The volunteer stations assign Senior Companion Program volunteers to assist frail elderly and/or disabled adults. During Fiscal Year 2009-2010, over 600 older adults will benefit from the Senior Companion Program.

 

Senior Companion volunteers provide support services and friendly visiting focused on strengthening their clients' capacity to maintain their independence with dignity and to prevent premature institutionalization. Senior Companion volunteers assist with daily living activities like assistance with grocery shopping or trips to the doctor, home management, nutritional and safety education, advocacy or connection with services, and opportunities for social recreation.

 

Senior Companion volunteers are themselves age 60 or older and are low income. As members of a National Service program, they receive a non-taxable stipend of $2.65 per hour served, reimbursement for mileage and meals, annual physical examinations, liability coverage, and supplemental accident and liability insurance for their vehicles.

 

Financial Impact

The grant contains a 10 percent match requirement and matching funds for this contract are included in the Fiscal Year 2009-2010 Human Services Department's base budget. No new General funds are required.

 

This item is recommended by Mr. Krietor and the Human Services Department.

 

ITEM 69

CITYWIDE

ORDINANCE S-36293 - AMENDMENT 5 TO AGREEMENT 120996 WITH SPHERION CORPORATION - WATER CUSTOMER INFORMATION SYSTEM

 

Request to authorize the City Manager to enter into Amendment 5 to existing Agreement 120996 with Spherion Corporation to increase the contract amount by an additional $442,000, and further authorizing the City Controller to disburse the necessary funds.

 

Information Technology Services Department (ITSD) staff is supporting the conversion of the Water Customer Information System (WCIS) to the new Customer Information System (CIS). These additional funds would permit the project to add additional resources necessary to supplement ITSD WCIS support and project staff.

 

On May 27, 2007, City Council approved award of an agreement to Spherion Corporation to provide technical support at a contract amount of $306,000. On July 2, 2008, City Council approved Amendment 2 to add an additional $360,000 to the contract amount to continue these services through March 31, 2009. On October 29, 2008, City Council approved Amendment 3, for an amount of $900,000, to increase the contract amount to $1,566,000 to continue these services. On March 11, 2009, City Council approved Amendment 4, for an amount of $800,000, to increase the contract amount to $2,366,000 to continue these services.

 

Amendment 5, for an amount not to exceed $442,000, is needed to increase the contract amount to $2,808,000 to continue these services through December 31, 2009.

 

Financial Impact

Funding for the project is shared between the Water Services and Public Works Departments. Each departments' share is included in the Fiscal Year 2008-2009 budget with Water, Wastewater Civic Improvement Corporation (CIC) Bonds, and Public Works Non-profit Corporation Bonds. Funding for this contract is included in the current overall project budget.

 

Description		Fund		Amount
Water CIC Bonds		1365		$251,543
WW CIC Bonds		1366		$ 57,857
Solid-Mega Non-profit Corp. Bonds (Public Works Bonds)		65909		$132,600
Total				$442,000

 

Affirmative Action

Spherion Corporation is eligible to do business with the City of Phoenix until March 5, 2011, by its compliance with the affirmative action requirements of the City Code, Chapter 18, and Article V. The vendor 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 request is recommended by the Chief Information Officer, the Acting Public Works Director, and the Acting Water Services Director.

 

This item is also recommended by Mr. Cavazos and Mr. Naimark

 

ITEM 70

CITYWIDE

ORDINANCE S-36294 - APPLY FOR, ACCEPT, AND DISBURSE FEDERAL STIMULUS FUNDS

 

Request to authorize the City Manager, or his designee, to apply for, accept, and disburse any federal stimulus funds during the summer break of the City Council. The City Manager, or his designee, is also authorized to enter into contracts, during the summer break, for the purpose of expending these federal stimulus funds.

 

Almost all stimulus funds the City will receive will be used to contract with private and non-profit businesses. The Mayor and City Council have expressed a desire to expedite this process to create as many jobs as possible in the community as fast as possible. This ordinance will assure the prompt use of Federal funds during the summer recess.

 

The City Controller is authorized to disburse the funds necessary to fund the obligations authorized by this ordinance.

 

This item is recommended by Mr. Fairbanks and the Law Department.

 

ITEM 71

CITYWIDE

ORDINANCE S-36295 - AMIGOS LIBRARY CATALOG AND BIBLIOGRAPHIC SERVICES CONTRACT

 

Request to authorize the City Manager, or his designee, to extend Contract 115428 with Amigos Library Services for online cataloging and interlibrary loan services via the use of the international bibliographic database Online Computer Library Center and the Dialog database searching service for the public. The contract also includes maintenance, database subscriptions, and training. The Amigos Library Services contract is a long-standing sole-source contract. There is no other option or access to this kind of service for the Phoenix Public Library.

 

The estimated cost for the service is $220,000. Authorization for the City Controller to disburse funds over the life of the contract is also requested. Funds are available in the Library Department's Operating budget.

 

The contract renewal period would be July 1, 2009 through June 30, 2010.

 

Affirmative Action

This subject firm is eligible to do business with the City of Phoenix until March 16, 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 item is recommended by Ms. Osuna and the Library Department.

 

ITEM 72

CITYWIDE

ORDINANCE S-36296 - EXTEND FARE PROGRAM DATA ENTRY SERVICES AGREEMENT WITH ACS STATE AND LOCAL SOLUTIONS, INC.

 

Request to authorize extending Work Order Agreement 116499 with ACS State and Local Solutions, Inc. (ACS), for an amount not to exceed $164,850, to provide complaint data entry services for the Phoenix Municipal Court as part of the FARE (Fines, Fees, and Restitution Enforcement) program. Further authorization is requested for the City Controller to disburse funds to ACS in payment of those services.

 

The Arizona State Courts System has established a FARE program to enhance payment and collection capabilities for courts statewide via a consolidated, WEB and IVR accessible repository of charges filed with those courts. Complaint data entry services are included in the scope of the Arizona State Courts System's agreements with the FARE contractor, ACS State and Local Solutions, Inc. These services are key to getting complaint information into the repository quickly so FARE processes can create and send courtesy notices to defendants advising them of the specific amount they can pay in lieu of appearing at the court for post and forfeit eligible charges, of the Defensive Driving program options, and/or of the date by which they must appear in the court for arraignment. The Phoenix Municipal Court is part of the Arizona State Courts System and as such can utilize the Administrative Office of the Courts' agreement with ACS for these data entry services via a negotiated statement of work.

 

Financial Impact

Funds are available in the City's General Fund - Phoenix Municipal Court Fiscal Year 2009-2010 Operating budget.

 

Affirmative Action

ACS is eligible to do business with the City of Phoenix until July 14, 2010, by its compliance with the affirmative action requirements of the City Code, Chapter 18, Article IV or V.

 

This item is recommended by Ms. Seelhammer, Mr. Leonard, and Chief Presiding Judge Song Ong.

 

ITEM 73

DISTRICT 3

ORDINANCE S-36297 - NEIGHBORHOOD COMMERCIAL REHAB PROGRAM LOAN AGREEMENT WITH ROYAL SEMINOLE VALLEY PALMS, LLC

 

Request to authorize the City Manager to enter into a Neighborhood Commercial Rehabilitation (NCR) Program Loan Agreement with Royal Seminole Valley Palms, LLC, and for the City Controller to disburse the necessary funds.

 

The funds will be used to undertake exterior and site improvements to the Royal Seminole Valley Palms, LLC commercial property, located at 739 East Dunlap Avenue, in the Target Area F Redevelopment Area, District 3. The current business operations of Town & Country Home Food Service, Inc., dba Dad's Catering Service, are located at this property. The scope of work will include: parking lot improvements, landscaping, fencing, stucco, painting, and lighting. Maximum City participation will be $150,000.

 

Funding will be provided through the NCR Program with Community Development Block Grant (CDBG) funds, and administered by the Neighborhood Services Department. Under this program, improvements can include exterior rehabilitation of commercial properties, related site improvements, and architectural fees. CDBG funds are provided on an 80:20-match basis with a maximum City participation of $150,000 per project. Program funds are secured by a Deed of Trust as a deferred loan that is forgiven over a five to ten-year period depending on the loan amount.

 

Affirmative Action

Royal Seminole Valley Palms, LLC is eligible to do business with the City of Phoenix through March 17, 2011, through their compliance with the affirmative action requirements of the City Code, Chapter 18, Article V. The business is responsible for maintaining its eligibility for the duration of the contract and understands that failure to do so may result in contract termination.

 

This item is recommended by Mr. Naimark and the Neighborhood Services Department.

 

ITEM 74

DISTRICT 1

ORDINANCE S-36298 - ARTIST FABRICATION CONTRACT FOR HAPPY VALLEY PARK-AND-RIDE PUBLIC ART PROJECT

 

Request to authorize the City Manager, or his designee, to enter into a contract with artist Mary Lucking (AZ) for an amount not to exceed $100,000 to fabricate and oversee construction and installation of shade structures with attached seating for the new Happy Valley Park-and-Ride; and further authorizing the City Controller to disburse the necessary funds.

 

The Fiscal Year 2008-2009 Public Art Project Plan includes a project to commission an Arizona artist to work with the Public Transit Department to design a new City park-and-ride off I-17 at Happy Valley Road in north Phoenix.

 

On October 10, 2008, Council authorized a $45,000 contract with Mary Lucking to work with the Happy Valley Park-and-Ride design team to create shade structures for the site. Since that time, Ms. Lucking has designed vertical shade screens that combine nine decorative panels with attached seating and landscape enhancements for the Park-and-Ride. Construction of the Park-and-Ride is scheduled to begin in early fall 2009.

 

Program Context

The Happy Valley Park-and-Ride Public Art project is one of 71 projects in the Fiscal Year 2008-2009 Public Art Project Plan approved by City Council. The Public Art Project Plan totals $30,262,426. Of that amount, $159,300 is budgeted for this project.

 

Financial Impact

This project uses Percent-for-Art funds from the Transit Capital Program. A sum of $45,000 was allocated for the original artist design contract. The proposed $100,000 artist contract will cover all costs related to the fabrication of the vertical shade screens and seating, which includes form-lined designs in the concrete seating wall. The remaining $14,300 will go toward paying the cost to build the concrete foundations for the shade structures and seat walls, lighting the artwork, and administering the project. Additional funds to complete construction will be requested in Fiscal Year 2009-2010.

 

Affirmative Action

The subject firm is eligible to do business with the City until April 21, 2011, by its compliance with the affirmative action requirements of the City Code, Chapter 18, Articles IV and 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.

 

Concurrence

The Phoenix Arts and Culture Commission reviewed this item on May 20, 2009, and recommends approval. The Public Transit Director concurs with the Commission's recommendation.

 

The Seniors, Families, and Youth Subcommittee is scheduled to review this item on June 16, 2009.

 

This item is also recommended by Ms. Osuna and the Phoenix Office of Arts and Culture.

 

ITEM 75

DISTRICT 6

ORDINANCE S-36299 - FUNDING AGREEMENT WITH BILTMORE AREA PARTNERSHIP

 

Request to authorize the City Manager, or his designee, to enter into a funding agreement with the Biltmore Area Partnership to accept and disburse $8,600 to provide enhanced maintenance of the Camelback Road Pedestrian Underpass, and also authorizing the City Controller to receive and disburse the funds.

 

The Camelback Road Pedestrian Underpass includes a multi-colored terrazzo walkway designed by artists Roberto Behar and Rosario Marquardt and funded through the City's Percent-for-Art Program. Completed in 2007, the Underpass crosses Camelback Road just east of 24th Street, providing safe passage between two major shopping, dining, and business destinations.

 

The Biltmore Area Partnership, thanks to efforts by citizens and businesses in the area, has agreed to add $8,600 to the funds the Phoenix Office of Arts and Culture has dedicated to cleaning the Underpass. This will enable the Office of Arts and Culture to clean the heavily used site on a more frequent basis.

 

Financial Impact

The $8,600 from the Biltmore Area Partnership will augment funds the Phoenix Office of Arts and Culture has dedicated to maintenance of the Camelback Underpass site.

 

Concurrence

This item is scheduled to be reviewed by the Seniors, Families, and Youth Subcommittee on June 16, 2009.

 

This item is also recommended by Ms. Osuna and the Phoenix Office of Arts and Culture.

 

ITEM 76

DISTRICT 7

ORDINANCE S-36300 - ARTIST DESIGN CONTRACT FOR PHOENIX THEATRE PUBLIC ART PROJECT

 

Request to authorize the City Manager, or his designee, to enter into a contract with artist Robert Adams (AZ) for an amount not to exceed $10,000 to work with the Phoenix Theatre expansion design team to redesign his Hall of Mirrors public art project as part of the expansion and renovation of Phoenix Theatre, and further authorizing the City Controller to disburse the necessary funds.

 

The Fiscal Year 2008-2009 Public Art Project Plan includes a project to commission an Arizona artist to develop a project as part of the Phoenix Theatre expansion and renovation. The Phoenix Theatre has requested that the funds be used to update the original Hall of Mirrors project.

 

Robert Adams was contracted by the City in 1995 to create an artwork to enhance the north corridor that leads into the cultural complex housing the Phoenix Art Museum and Phoenix Theatre. To keep pace with these improvements, protect the integrity of the original artwork, and improve the entrance to the Theatre and the museum sculpture garden, Mr. Adams was contracted for $5,000 in 2008 to work with the design team to explore the feasibility of updating his artwork as part of the Theatre expansion and renovation. The proposed $10,000 artist contract would enable Mr. Adams to complete the revised design for the Hall of Mirrors, using new, more efficient lighting, new mirrors, and new wall materials and colors. The updated artwork would be integrated into the construction of the planned Theatre improvements, which are expected to be completed in 2011.

 

Program Context

The Phoenix Theatre Public Art project is one of 71 projects in the Fiscal Year 2008-2009 Public Art Project Plan approved by City Council. The Public Art Project Plan totals $30,262,426. Of that amount, $72,980 is budgeted for this project.

 

Financial Impact

This project uses Percent-for-Art funds from the Cultural Facilities Capital Program. The proposed $10,000 artist contract will cover costs related to the re‑design of the artwork and the artist's construction oversight. The artist previously received a $5,000 contract to explore the feasibility of redesigning his Hall of Mirrors. The remaining $57,980 will go toward construction of the upgraded artwork and project administration.

 

Affirmative Action

The subject firm is eligible to do business with the City until February 23, 2010, by its compliance with the affirmative action requirements of the City Code, Chapter 18, Articles IV and 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.

 

Concurrence

The Phoenix Arts and Culture Commission reviewed this item on May 20, 2009, and recommends approval.

 

The Seniors, Families, and Youth Subcommittee is scheduled to review this item on June 16, 2009.

 

This item is also recommended by Ms.Osuna and the Phoenix Office of Arts and Culture.

 

ITEM 77

CITYWIDE

ORDINANCE S-36301 - FISCAL YEAR 2009-2010 AGREEMENT - ARTS & BUSINESS COUNCIL OF GREATER PHOENIX

 

Request to authorize the City Manager, or his designee, to execute an agreement to extend the contract with the Arts & Business Council of Greater Phoenix, a nonprofit corporation, for the recruitment, training, and placement of business volunteers with arts organizations, the presentation of arts management workshops, and coordination of special projects serving the local arts and cultural community; and further authorizing the City Controller to disburse the necessary funds under the terms of the agreement.

 

This authorizes the City Manager, or his designee, to execute an agreement with the Arts & Business Council of Greater Phoenix (A&BC), for an amount not to exceed $19,000, for the recruitment, training, and placement of business volunteers with arts and cultural organizations; the presentation of arts management workshops; and coordination of special projects such as the annual Business in the Arts Awards Breakfast, the National Arts Marketing Project, and the Business on Board (governance training) program.

 

The Arts & Business Council of Greater Phoenix (A&BC), formerly Business Volunteers for the Arts (BVA), a 501(C)(3) nonprofit organization, was established in 1989 and is one of 15 chapters of the Arts & Business Council of Americans for the Arts. The City of Phoenix/Phoenix Office of Arts and Culture has contracted with A&BC/BVA for the past 17 years to provide services to arts and cultural organizations in the greater Phoenix area. A&BC is committed to the advancement and growth of the Valley's arts and cultural sector through increased involvement of the business community.

 

The A&BC submits an annual proposal which is reviewed by the Phoenix Arts and Culture Commission's Grants Committee. The Arts and Culture Administrator negotiates and monitors the City's annual service agreement with A&BC.

 

Program Context

The City's $22,000 allocation to A&BC in Fiscal Year 2008-2009 represents 8.4 percent of the A&BC's Operating budget. Other funding sources include the Arizona Commission on the Arts, revenue from A&BC's workshops and the Business on Board program, revenue from fundraisers (such as the Business in the Arts Awards Breakfast) and foundation, corporate and individual contributions. The A&BC's current services contract with the City expires on June 30, 2009. The new contract will cover the period of July 1, 2009 through June 30, 2010.

 

Financial Impact

The $19,000 requested for Fiscal Year 2009-2010 is available in the Phoenix Office of Arts and Culture's Fiscal Year 2009-2010 Operating budget.

 

Affirmative Action

The subject firm is eligible to do business with the City until April 27, 2010, by its compliance with affirmative action requirements of the City Code, Chapter 18, Articles IV and 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.

 

The Seniors, Families, and Youth Subcommittee is scheduled to review this item on June 16, 2009.

 

This item is also recommended by Ms. Osuna and the Phoenix Office of Arts and Culture.

 

ITEM 78</