ORDINANCES AND RESOLUTIONS

CITYWIDE

ORDINANCE S-36321 -

PAYMENT ORDINANCE

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

$	9,222.58	a)	To Balar Equipment Corporation for repairs to City of Phoenix equipment for the Water Services Department by the Public Works Department.
	600,000.00	b)	To Clerk of the Superior Court for payment of Condemnation Judgment dated June 10, 2009, RE: City of Phoenix versus Edison & Apraiel Mirza, LLC, Case CV2009-017523 for the Law Department.
	11,410.08	c)	To Copper State Supply, Inc., Mesa, for the purchase of twelve remote squeeze off pipe tools for the Fire Department.
	9,576.00	d)	To CoStar Realty Information Group, Inc., Baltimore, MD, for licenses to an online commercial real estate information service through May 31, 2010, for the Community and Economic Development Department.
	100,000.00	e)	To Craig E. Kokron, Sr. and Phillips & Lyon, PLC to fund the settlement of claim, RE: Kokron versus City of Phoenix, City File 06-0756-001 for the Finance Department.
	22,202.94	f)	To Cummins Rock Mountain, LLC, Avondale, to provide all parts, labor, and equipment to replace the engine on City of Phoenix equipment for the Public Works Department.
	11,561.54	g)	To Drake Equipment of AZ for the purchase and installation of a compressor system on a service truck for the Fire Department.
	8,866.07	h)	To First In, Inc. for the purchase of a retractable vehicle step for the Fire Department.
	33,515.00	i)	To Impression Technology, Walnut Creek, CA, for annual iCaputre imaging software maintenance support through June 6, 2010, for the Information Technology Services Department.
$	34,850.00	j)	To Interface Technical Training to provide 410 units of Interface Tech Pak Program training for technical service staff for the Aviation Department.
	172,621.56	k)	To Jeanette Damaske and Bruce Damaske and their attorney, Sturgell Johnson, PLLC, to fund the settlement of claim, DOL April 15, 2008, City File 07-2640-006 for the Finance Department.
	420,238.52	l)	To Jeanette Damaske and Bruce Damaske and their attorney, Sturgell Johnson, PLLC, to fund the settlement of claim, DOL April 15, 2008, City File 07-2640-007 for the Finance Department.
	39,230.40	m)	To John Deere Company, Cary, NC, for the purchase of a tractor loader backhoe for the Public Works Department.
	345,000.00	n)	To Joseph C. Little and Heidi L. Little, and their attorney Daniel T. McCarthy, to fund the settlement of claim, RE: Little versus City of Phoenix, City File 06-1690-001 for the Finance Department.
	21,356.72	o)	To Killer Shade for purchase and installation of shade structures at Arcadia Park for the Parks and Recreation Department.
	10,361.03	p)	To KVM Pro, Scottsdale, for the purchase of two Internet Protocol switch consoles providing multi‑user access to servers and devices for the Information Technology Services Department.
	14,540.09	q)	To M3T, LLC for the purchase of a Pelco 32 channel digital video recorder for the Phoenix Convention Center Department.
	28,066.69	r)	To Maricopa Medical Center for the account of Bruce Damaske to fund the settlement of claim, DOL April 15, 2008, City File 07-2640-007 for the Finance Department.
	26,944.24	s)	To Maricopa Medical Center for the account of Jeanette Damaske to fund the settlement of claim, DOL April 15, 2008, City File 07-2640-006 for the Finance Department.
$	35,835.30	t)	To Next Level Solutions, Scottsdale, for the purchase of wireless network products for the Information Technology Services Department.
	16,082.55	u)	To Otto Environmental Systems AZ, Inc., Eloy, for the purchase of thirty rear loading commercial containers used in solid waste handling for the Public Works Department.
	12,127.74	v)	To Phoenix Pumps, Inc. for the purchase of three diaphragm pumps and an assortment of replacement pump parts for the Street Transportation Department.
	9,085.45	w)	To Pioneer Roofing Company to provide all labor and materials for roof repairs at two City of Phoenix facilities for the Water Services Department.
	500,000.00	x)	To Russell and Elvie Thompson and Rake Petti to fund the settlement of Claim CV2008-011 RE: Thompson versus the City of Phoenix, City File 07-1725-001 for the Finance Department.
	45,415.68	y)	To RW Smith & Company, San Diego, CA, for the purchase of various serving dishes for the Phoenix Convention Center Department.
	11,872.75	z)	To Shade N Net of Arizona for the purchase and installation of shade structure at Western Star Park for the Parks and Recreation Department.
	41,565.07	aa)	To Stanley Vidmar, Allentown, PA, to provide tool cabinets to be used at the Salt River Center Shop for the Public Works Department.
	35,083.88	ab)	To Swaine Asphalt Corporation to provide all labor, materials, and equipment required to repair and re-stripe the parking lot at the Okemah Service Center for the Public Works Department.
	9,558.57	ac)	To Technology Partners, Inc. to provide various computer hardware and accessories for the Police Department.
$	15,104.99	ad)	To The Stevens Revocable Trust for payment of Condemnation Judgment dated May 19, 2009, RE: City of Phoenix versus The Stevens Revocable Trust, Case CV2008-027033 for the Law Department.
	11,672.64	ae)	To United Rentals, Tempe, for the purchase of a Genie scissor lift for the Aviation Department.
	17,547.54	af)	To Wistech Controls Sunsource, Dallas, TX, for the purchase of new and rebuilt pumps to be used at the 91st Avenue Wastewater Treatment Plant for the Water Services Department.

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

$	35,000.00	ag)	To A Mind for Detail, Inc., Mesa, to exercise an option to extend, originally approved on July 1, 2006, to continue to provide pressure washing, brushing, and sweeping of internal/external building surfaces under Agreement MW07-00002 awarded by RFQ MW 07-0002 for Citywide departments.
	70,000.00	ah)	To Adelina Gano, Ashley Carbajal, and Frank Felix 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.
	70,000.00	ai)	To Albert F. Crum 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.
	20,000.00	aj)	To All Star Embroidery to exercise an option to extend, originally approved on April 10, 2008, to continue to supply heavy duty parkas under Agreement MW08-00072 awarded by RFQ 08-072 for the Aviation Department.
	2,236,189.00	ak)	To AMPCO System Parking to exercise an option to extend, originally approved May 11, 2005 to continue to provide parking management services for the Phoenix Convention Center Department.
$	30,000.00	al)	To Anita Bourassa and Jose L. Carrillo 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.
	30,000.00	am)	To Carlos Argueta and Edik Gomez Villezcas 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.
	80,000.00	an)	To Cecilio Ocampo 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.
	20,000.00	ao)	To Copper State Communications to supply Toshiba telephone systems under State of Arizona Cooperative Agreement EPS0600043 for the Information Technology Services Department.
	20,000.00	ap)	To Copper State Supply, Inc., Mesa, to supply MG‑Krete concrete for repairs and overlay under Agreement P-08901-10 awarded by RFA 09-055 for the Aviation Department.
	15,000.00	aq)	To Custom Wood Creations, Inc. 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.
	260,000.00	ar)	To D.C. Taylor to exercise an option to extend, originally approved on June 7, 2006, to continue to provide miscellaneous roof repair services on an as‑needed basis under Agreement P-08087-09 awarded by IFB 06-196 for various City departments.
	18,920.00	as)	To Dennis Compton and Associates, Mesa, to provide consulting services in conjunction with employee development and training processes for Fiscal Year 2009/2010 for the Fire Department.
$	2,820,956.55	at)	To Downtown Phoenix Partnership to exercise an option to extend, originally approved December 14, 2005, to continue to provide management services to the Downtown Enhanced Municipal Services District for the Community and Economic Development Department.
	345,000.00	au)	To Eastside Fleet Service 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.
	30,000.00	av)	To Emmanuel Montijo 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.
	300,000.00	aw)	To Fire Tech Services, Inc., Apache Junction, to exercise an option to extend, originally approved on June 7, 2006, to continue to provide fire sprinkler testing, repair, modifications, maintenance, and replacement services under Agreement P-08080-08 awarded by IFB 06-142 for the Aviation Department.
	43,928.00	ax)	To Fred Yut Yin and Kathleen Lau Ong for settlement of a contested real estate property valuation claim, plus usual and customary closing costs for the Real Estate Division in the Finance Department.
	2,000,000.00	ay)	To Guardsmark, LLC to exercise an option to extend, originally approved June 6, 2007, to continue to provide uniformed unarmed security guard services for the Phoenix Convention Center Department.
	12,500.00	az)	To Interwest Investments, LLC 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.
	70,000.00	ba)	To Isaac Gonzales Rodriguez 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.
$	200,000.00	bb)	To ISS Facility Services, Inc. to exercise an option to extend, originally approved on May 10, 2006, to continue to provide custodial services for police property facilities under Agreement P-B8050-08 awarded by RFP 06-020 for the Public Works Department.
	70,000.00	bc)	To Jose and Rosa Campos 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.
	117,810.00	bd)	To L.N. Curtis & Sons to exercise an option to extend, originally approved on June 21, 2006, to continue to supply fire fighting foam under Agreement P-08129-08 awarded by IFB 06-274 for the Fire Department.
	19,738.32	be)	To Lilia Longoria and Valente Peru III 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.
	30,000.00	bf)	To Manuel C. and Juana Ortega, Maria M. Monreal Arochi 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.
	70,000.00	bg)	To Manuel M., Blasa M. Dominguez, and Johnny D. Domingo, Jr. 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.
	30,000.00	bh)	To Maria C. Leyva 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.
	70,000.00	bi)	To Maria H. Almansa 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.
$	70,000.00	bj)	To Mariana Bourassa 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.
	27,500.00	bk)	To Markham and Decker Builders Hardware Company, Inc. 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.
	70,000.00	bl)	To Mary Louise Blanco 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.
	333,334.00	bm)	To Norcon Industries, Inc., Guadalupe, to exercise an option to extend, originally approved on June 1, 2005, to continue to provide carpet and installation services under Agreement P-07778-08 awarded by RFP 05-016 for Citywide departments.
	4,657,281.00	bn)	To Northwind Phoenix, LLC to exercise an option to extend, originally approved December 15, 2004, to continue to provide chilled water services to the Phoenix Convention Center, Symphony Hall, and Herberger Theater for the Phoenix Convention Center Department.
	50,000.00	bo)	To OZ Engineering, LLC to exercise an option to extend, originally approved on June 20, 2007, to continue to provide system maintenance support services for the Information Access System under Agreement P-08487-08 awarded by RFA 07-128 for the Water Services Department.
	26,456.46	bp)	To Patricia Lopez 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.
	102,500.00	bq)	To Phoenix Clean Community System, dba Keep Phoenix Beautiful, to exercise option to extend, originally approved December 12, 2007, to continue to provide program administration services for the Public Works Department.
$	36,752.10	br)	To Principal Decision Systems International, Irvine, CA, for the annual license agreement from July 1, 2009 through May 31, 2010, for Telestaff software for the Fire Department.
	175,000.00	bs)	To Public Safety Personnel Retirement System to purchase cancer insurance for Fiscal Year 2009-2010, as approved on June 17, 2009, under pay plan provisions for the sworn personnel for the Fire Department.
	33,900.00	bt)	To Ramon T. Beltran 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.
	30,000.00	bu)	To RCI Systems, Inc., Tempe, to exercise an option to extend, originally approved on May 9, 2007, to continue to provide fire life safety systems equipment inspection, testing, and repair on an as-needed basis under Agreement P-08421-09 awarded by IFB 07‑173 for the Housing Department.
	375,000.00	bv)	To Robert Walker 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.
	30,000.00	bw)	To Rocio Ocampo, Daniel and Dilan Daniel Cruz 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.
	70,000.00	bx)	To Rosalinda Leyva 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.
	30,000.00	by)	To Safariland, LLC, Ontario, CA, to exercise an option to extend, originally approved on April 8, 2007, to continue to supply drug test kits under State of Arizona Cooperative Agreement S05022-001 for the Police Department.
$	10,253.00	bz)	To Scale Center of Arizona to exercise an option to extend, originally approved on April 16, 2003, to continue to maintain and repair weight scales at solid waste disposal sites under Agreement P-07309-06 awarded by IFB 03-168 for the Public Works Department.
	39,704.00	ca)	To Skyline Window Cleaning to exercise an option to extend, originally approved on March 19, 2003, to continue to provide window cleaning services under Agreement P-07291-05 awarded by IFB 03-151 for the Downtown Facilities Division of the Public Works Department.
	10,000.00	cb)	To Southwest AutoCare, Chandler, to exercise an option to extend, originally approved on June 15, 2008, to continue to provide automatic car wash supplies for the Rental Car Center at Sky Harbor International Airport under Agreement MW08-00088 awarded by RFQ 08-088 for the Aviation Department.
	46,000.00	cc)	To Talley, Inc. to supply Andrew microwave networking equipment on an as-needed basis under Agreement P-08900-10 awarded by IFB 09-204 for the Information Technology Services Department.
	20,000.00	cd)	To The Centers for Habilitation, dba Assured Security Document Destruction, Tempe, to provide records destruction services under State of Arizona Cooperative Agreement EPS060044 for Citywide departments.
	75,000.00	ce)	To the following vendors to exercise an option to extend, originally approved on May 28, 2008, to continue to supply uniforms on an as-needed basis awarded under IFB 08-087 for the Aviation Department: $45,000.00 Ace Uniforms of Phoenix 30,000.00 All Star Embroidery
	28,000.00	cf)	To UniFirst Corporation to provide all labor, material, and transportation to provide uniform rental and laundry service at various Community Centers under State of Arizona Cooperative Agreement SCC080004-01 for the Human Services Department.
$	218,000.00	cg)	To United Phoenix Firefighters Association for Employee Assistance Programs for Fiscal Year 2009-2010, as approved on June 17, 2009, under the pay plan provisions for the Fire Department.
	25,000.00	ch)	To United Phoenix Firefighters Association for Honor Guard contributions for Fiscal Year 2009/2010, as approved on June 17, 2009, under the pay plan provisions for the Fire Department.
	92,689.00	ci)	To Wildcat Fire Services, Inc., dba National Fire Control, Apache Junction, to exercise an option to extend, originally approved on June 22, 2005, to continue to provide fire extinguisher inspection and testing services under Agreement P-07811-07 awarded by IFB 05-139 for Citywide departments.
	45,000.00	cj)	To Wolverine Brass, Inc., Conway, SC, to exercise an option to extend, originally approved on April 4, 2007, to continue to supply Wolverine brass parts on an as-needed basis under Agreement P-08367-09 awarded by IFB 07-163 for Citywide departments.
	45,000.00	ck)	To Wyndham Phoenix Hotel for the annual Head Start Summer Conference to be held on August 17‑18, 2009, for the Human Services Department.
	70,000.00	cl)	To Yamileth Rios 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.
$	18,657,927.05

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

ITEM 86

CITYWIDE

ORDINANCE S-36322 -

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 Wednesday, June 17, 2009.

$	175,000.00	a)	To Advanced Systems Group to increase Agreement S070050-01 to include a tape drive expansion unit for the existing backup Sun Storage Tek System under State of Arizona Contract EPS070050 for the Information Technology Services Department.
	100,000.00	b)	To AirProject, Inc. to provide on-call airport concession consulting services for the Aviation Department.
	105,000.00	c)	To Alfa Laval, Inc., Richmond, VA, for the purchase of two replacement spiral heat exchangers under RFA 09-049 for the Water Services Department.
	84,778.33	d)	To Altec Industries, Inc., Dixon, CA, to provide bucket trucks under IFB 09-181 from July 1, 2009 through June 30, 2010, for the Aviation Department.
	5,300,000.00	e)	To Arizona Bridge to Independent Living (ABIL) to enter into construction, lease, and operating agreements for a sports, recreation, and fitness center for persons with disabilities for the Parks and Recreation Department.
	540,000.00	f)	To Arizona Eagle Air, LLC to provide air conditioning/ heat pump systems at various Scattered Sites Housing under IFB 09-197 for the Housing Department.
	119,206.00	g)	To Arizona Production Machinery to provide articulated loader and tool carrier on an as-needed basis under IFB 09-187 from June 1, 2009 through May 31, 2010, for the Public Works Department.
	150,000.00	h)	To Climatec Building Technologies Group to increase Contract 125757, originally approved on April 1, 2009, to upgrade the Emergency Management System in Terminals 3 and 4 at Phoenix Sky Harbor International Airport for the Aviation Department.
	261,000.00	i)	To Climatec Building Technologies Group to increase expenditures on RFA 08-074, originally approved on June 23, 2008, to upgrade the Emergency Management System in the Rental Car Center complex at Phoenix Sky Harbor International Airport for the Aviation Department.
$	288,000.00	j)	To Currie & Brown, Inc. to perform software installation and configuration of the Capital Improvement Program Project Controls System for the Water Services Department.
	51,000.00	k)	To Environmental Equipment Services to provide four, 35-yard, self-contained compactors and one Universal industrial cart lifter for Phoenix Sky Harbor International Airport under IFB 09-202 for the Aviation Department.
	103,500.00	l)	To International Business Machines (IBM) Corporation, to provide an IBM Tivoli Workload Scheduler for use in supporting the Water Services Department's new Customer Information System under RFA 09-062 for the Information Technology Services Department.
	35,111.18	m)	To Kennedy/Jenks Consultants for Change Order 1 to Contract 123849, to provide additional services associated with construction administration and inspection for the Lift Station 54 and Lift Station 46 Improvement Projects (WS90400037 and WS90400038) for the Water Services Department.
	121,296.68	n)	To McCandless of Arizona, for the purchase of a fuel truck for the SR85 Landfill under IFB 09-142 for the Public Works Department.
	8,441,934.74	o)	To Motorola to amend Contract 124391, originally approved on August 11, 2008, to continue to provide professional services and equipment for the implementation of three radio communications sites for the Police and Fire Departments.
	2,600,000.00	p)	To Qwest Communications Corporation for increased expenditures under RFA 07-021, originally approved on October 4, 2006, to continue to provide network equipment and services for various City departments.
	75,000.00	q)	To Red Oak Consulting to provide professional services in assisting with computer software enhancements and maintenance of the Spill Management System module for the Water Services Department.
$	8,700.00	r)	To RIVA Modeling Systems, Inc. for a perpetual software licensing agreement for the RIVA ONLINE software used for rehabilitation management projects for the Water Services Department.
	308,178.48	s)	To Safeguard Security and Communications, Scottsdale, for the replacement of the fire life safety system at the Burton Barr Central Library under IFB 09-184 for the Library Department.
	60,000.00	t)	To Safety-Kleen Systems, Chandler, to provide various parts cleaner and solvent on an as-needed basis under IFB 09-158 from July 1, 2009 through July 31, 2011, for various City departments.
	100,000.00	u)	To SI Partners, Inc. to provide concession consulting services to develop the Terminal 4 Food and Beverage Master Plan at Phoenix Sky Harbor International Airport for the Aviation Department.
	186,890.00	v)	To Steele Quality, LLC., Tempe, for the purchase of a mobile emergency response vehicle under IFB 09‑111 for the Water Services Department.
	188,650.00	w)	To TGO Technologies, Inc. for the purchase and installation of chlorine containment equipment on a City vehicle under RFA 09-057 for the Water Services Department.
	70,000.00	x)	To the following vendors to provide legal advertising under IFB 09-209 through June 30, 2010 for various City departments: The Record Reporter Arizona Business Gazette
$	22,000,000.00	y)	To the following vendors to provide legal services, on an as-needed basis, through June 30, 2011, for the Law Department: Anderson & Kreiger, LLP Ayers & Brown, PC Ballard Spahr Andrews & Ingersoll, LLP Berke Law Firm, PLLC Berry & Associates, PLLC Bethune & Associates Boates & Crump Califf & Harper, PC Campana Vieh & Loeb, PLC Campbell Yost Clare & Norell, PC Coats Rose Cohen & Grigsby Edwards Angell Palmer & Dodge, LLP Engelman Berger, PC Fadell Cheney Burt, PLLC Fennemore Craig, PC Ford & Harrison, LLP Gabriel & Ashworth, PLLC Galbut & Galbut, PC Gaona Law Firm Gonzales Saggio & Harlan, LLP Greenberg Traurig, LLP Gust Rosenfeld Hammerman & Hultgren, PC Haralson Miller Pitt Feldman & McAnally, PLC Holloway Odegard Forrest Kelly & Kasparek, PC Holm Wright Hyde & Hays, PLC Iafrate & Associates Ingrassia Fisher & Lorenz, PC Jones Skelton & Hochuli Jorden Bischoff McGuire & Hiser, PLC Klein Hornig, LLP Kutak Rock, LLP Lamb & Lerch Lane Powell Attorneys & Counselors Lewis Brisbois Bisgaard & Smith, LLP Littler Mendelson, PC Lotzar Law Firm Margrave Celmins Whiteman, PC Mariscal Weeks McIntire & Friedlander, PA Miller Kramer, PLLC
$			O'Connor & Campbell Ogletree Deakins Nash Smoak Stewart, PC Parker Law Firm, PLC Penilla Metzger & Biggers Pepper Hamilton, LLP Pillsbury Winthrop Shaw Pittman, LLP Quateman, LLP Reno & Cavanaugh, PLLC Roger K. Spencer, PLLC Rose Law Group Sanders & Parks Spiegel & McDiarmid Squire, Sanders & Dempsey, LLP Thomas, Thomas & Markson, PC Thompson Coburn, LLP Udall Shumway & Lyons Wilenchik & Bartness, PC Wiley Rein, LLP Yoder & Langford, PC
	500,000.00	z)	To the following vendors to provide pumps, parts, and services under IFB 09-157 from June 30, 2009 through November 30, 2011, for the Water Services Department: Phoenix Pumps, Inc. Schwing Bioset, Inc., Somerset, WI Pump Systems, Inc., Gilbert James, Cooke & Hobson, Inc.
	225,000.00	aa)	To the Transportation Security Administration (TSA), for an Advanced Surveillance Program using a closed circuit television (CCTV) system at Phoenix Sky Harbor International Airport for the Aviation Department.
	59,514.80	ab)	To Wholesale Floors, LLC, for the purchase of commercial carpet tile under IFB 09-213 for the Public Works Department.
$	42,257,760.21

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

ITEM 87

CITYWIDE

ORDINANCE S-36323 -

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 Wednesday, June 10, 2009.

$	126,600.00	a)	To 1 Stop Camera and Electronics, Brooklyn, NY, to provide various appliances on an as-needed basis under IFB 09-146 from August 1, 2009 through July 31, 2011, for the Parks and Recreation and Fire Departments.
	87,700.00	b)	To Aqua-Serv Engineers, Inc., Tempe, to provide lift station treatment and maintenance services at Phoenix Sky Harbor International Airport on an as‑needed basis under IFB 09-171 for the Aviation Department.
	77,644.04	c)	To Cactus Transport, Inc., Tolleson, to provide crackseal, double sealcoat, and restriping services under IFB 09-186 for the Public Works Department.
	450,000.00	d)	To Clifton Gunderson, LLP to conduct the Fiscal Year 2008-2009 financial statement audits and Federal Single Audit services for the City Auditor Department.
	74,835.30	e)	To Comet Mountain Enterprises, Inc., dba Top Coat Refinishing, to provide bathtub and shower surrounds refurbishment services under IFB 09-191 for the Housing Department.
	159,079.71	f)	To Continental Flooring Company, Scottsdale, to provide carpet replacement services at various senior housing sites under IFB 09-178 for the Housing Department.
	45,998.26	g)	To D.C. Taylor Co. to provide roof repair services at Terminal 2 of Phoenix Sky Harbor International Airport under IFB 09-174 for the Aviation Department.
$	58,836.00	h)	To Enterprise Network Solutions, Mesa, to provide Foundry(r) hardware/software (used primarily to support client services) maintenance and support services on an as-needed basis under IFB 09-196 through May 31, 2010, for the Phoenix Convention Center Department.
	305,000.00	i)	To Environmental Systems Research Institute for an Enterprise License Agreement for the City's Geographic Information System (GIS) software for the Information Technology Services Department.
	109,791.00	j)	To Freightliner Sterling, Western Star of Arizona, Tolleson, for the purchase of a Tandem Fifth Wheel Tractor under IFB 09-169 for the Public Works Department.
	255,285.00	k)	To Freightliner Sterling, Western Star of Arizona, Tolleson, to provide 3,000- and 4,000-gallon water trucks on an as-needed basis under IFB 09-165 from June 30, 2009 through June 30, 2010, for the Public Works Department.
	82,904.00	l)	To Hydro Geo Chem, Inc. to execute Contract Amendment 2 increasing the cost of Agreement 118884, originally approved on March 22, 2006, to continue to provide consultant services to assist the City in analyzing the ongoing Honeywell International, Inc. Remediation Computer Modeling Project (AV09000057) for the Aviation Department.
	123,559.47	m)	To L.N. Curtis and Sons for the purchase of ten Bullard thermal cameras and accessories under RFA 09-060 for the Fire Department.
	49,848.44	n)	To Network Infrastructure Corporation, Tempe, to provide installation and services for a Mobile Forward Looking Infrared (FLIR) Systems and Vehicle Mast under RFA 09-061 for the Police Department.
	449,000.00	o)	To Nilfisk Advance Technologies, Inc., Tempe, for the purchase of a self-contained, ultra-high pressure, paint marking and rubber removal unit under IFB 09‑195 for the Aviation Department.
$	450,000.00	p)	To Nilfisk Advance Technologies, Inc., Tempe, for the purchase of four hard surface cleaning units to be used at Phoenix Sky Harbor International Airport under RFA 09-059 for the Aviation Department.
	26,314.00	q)	To Salt River Project to execute an amendment to the construction agreement originally approved on July 2, 2008, to provide additional construction services for the Tres Rios Habitat Restoration Project (WS90140006) for the Water Services Department.
	671,063.00	r)	To Sundt Construction, Inc. to execute Amendment 1 to Contract 120021, originally approved on November 1, 2006, to provide additional Construction Manager at Risk design phase services for the Val Vista Water Treatment Plant Granular Activated Carbon Project (WS85230045) for the Water Services Department.
	120,984.92	s)	To the following vendors for the purchase of hydraulic power units and pumps on an as-needed basis under IFB 09-183 through June 30, 2010, for the Public Works Department: Balar Equipment Corporation Pump Systems, Inc., Gilbert
	50,000.00	t)	To the following vendors to provide additional Head Start Program dental services, originally approved on June 11, 2008 through June 30, 2009, for the Human Services Department: Kids Dental Place Community Dental Services of Arizona Society of St. Vincent de Paul Desert Mission, Inc. Magic Smiles Dental Care for Kids My Kidz Dentist Arizona Dental Supply Group, PLLC
$	76,200.00	u)	To the following vendors to provide additional Head Start Program local education services, originally approved on June 11, 2008 through June 30, 2009, for the Human Services Department: Maricopa Community College District, Tempe Arizona State University, Tempe Northern Arizona University, Flagstaff Ottawa University
	57,452.00	v)	To the following vendors to provide interior painting services at various senior housing sites under IFB 09-179 for the Housing Department: A & H Painting, Inc., Glendale Fabiani Painting & Decorating, LLC, Mesa
	150,000.00	w)	To the following vendors to provide on-call video production services through June 30, 2010 for the Aviation Department: $100,000.00 Hernandez Creative, Inc. $50,000.00 Apple Box Pictures, LLC
	500,000.00	x)	To United States Bureau of Reclamation to extend IGA 97054, originally approved on April 11, 2001, to continue to jointly conduct the Phoenix Metropolitan/Agua Fria Recharge Project Feasibility Study for the Water Services Department.
$	4,558,095.14

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

ITEM 88

CITYWIDE

ORDINANCE S-36324 -

PAYMENT ORDINANCE

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

$	799,296.43	a)	To Banicki Construction, Tempe, for Change Order 2, Contract 118447, Project AV31000039. Staff initiated the Change Order(s) for additional construction required as part of the South Ramp Reconstruction at Deer Valley Airport Guaranteed Maximum Price 3 Project for the Aviation Department, increasing the cost to $16,650,219. The amount of the original contract is $15,850,923 and the total project budget is $17,149,383 of which $16,650,219 is budgeted for construction. The project is 5 percent complete. The Budget and Research Department has confirmed the availability of budgeted Capital Improvement Program funds for the Change Order(s).
	31,412.00	b)	To DL Norton General Contracting, Inc., Scottsdale, for Change Orders 7 and 8, Contract 115737, Project HP40000001. Staff initiated the Change Order(s) for additional construction required as part of the Tovrea Castle Restoration Guaranteed Maximum Price 2 Project for the Engineering and Architectural Services Department, increasing the cost to $2,566,374. The amount of the original contract is $2,388,596 and the total project budget is $3,399,721 of which $2,566,374 is budgeted for construction. The project is 99 percent complete. The Budget and Research Department has confirmed the availability of budgeted Capital Improvement Program funds for the Change Order(s).
	306,151.00	c)	To M.A. Mortenson Company, Chandler, for Change Order 3, Contract 123216, Project AV11000055. Staff initiated the Change Order(s) for additional construction required as part of the Terminal 3 Electrical Upgrades Project for the Aviation Department, increasing the cost to $12,819,969. The amount of the original contract is $11,800,000 and the total project budget is $16,246,966 of which $15,323,415 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 Order(s).
$	249,965.00	d)	To Narasimhan Consulting Services for Change Order 3, Contract 101315, Project WS85050023. Staff initiated the Change Order(s) for additional professional services required as part of the Steel Tank Rehabilitation Project for the Water Services Department, increasing the cost to $2,050,155. The amount of the original contract is $1,523,287 and the total project budget is $26,182,011 of which $21,542,041 is budgeted for construction. The project is 68 percent complete. The Budget and Research Department has confirmed the availability of budgeted Capital Improvement Program funds for the Change Order(s).
$	1,386,824.43

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

ITEM 89

CITYWIDE

ORDINANCE S-36325 -

PAYMENT ORDINANCE

Request to authorize continuing payment authority for the expenditure of public money for payment of claims against the City of Phoenix for normal reoccurring business operating expenditures, not to exceed $50,000 per vendor, arising or otherwise due and payable during the period commencing July 2, 2009 through August 26, 2009; and further authorizing the City Controller to disburse funds for purposes of this ordinance.

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

ITEM 90

DISTRICT 8

ORDINANCE S-36326 -

VOLUNTARY ACQUISITION OF 38 IMPROVED RESIDENTIAL PROPERTIES FOR THE COMMUNITY NOISE REDUCTION PROGRAM

Request to authorize the City Manager, or his designee, to acquire the properties listed below for the Aviation Department's Community Noise Reduction Program. Further request authorization to enter into short-term temporary occupancy agreements to allow occupants time to relocate, as may be necessary to, and in furtherance of, this ordinance.

The properties listed below are being acquired under the Aviation Department's Community Noise Reduction Program. The property owners listed are considering selling their properties to the City of Phoenix. Acquisition is by purchase at the City's appraised value.

Owner	Address	WBS Element	Appraisal
Cesilio O. Campo	1109 East Yavapai Street APN: 115-43-062	AV01040140	$72,000
The Heirs and Devisees of Frances Ortiz Tellez, deceased, subject to Probate proceedings pending in Superior Court of Maricopa County, Arizona, Probate PB2005-003485	1125 East Yavapai Street APN: 115-43-022	AV01040144	$21,000
Rosalinda G. Leyva	1140 East Papago Street APN: 115-43-027	AV01040175	$50,000
Loretta A. Austin	802 East Cocopah Street APN: 115-45-114	AV01040455	$41,000
Elvia B. Hernandez	1305 East Cocopah Street APN: 115-40-053	AV01040560	$27,000
Lazaro Reyes or Maura Reyes	805 East Mohave Street APN: 115-45-021	AV01050009	$20,000
Michael E. Morris	1217 East Mohave Street APN: 115-40-091-D	AV01050051	$38,000
The Heirs and Devisees of Jose R. Ybanez, deceased, subject to Probate Proceedings pending in Superior Court of Maricopa County, Arizona, Probate PB2005-001210	1337 East Mohave Street aka 1321 East Mohave Street APN: 115-40-075	AV01050059	$22,000
The Heirs and Devisee of The Estate of Jose R. Ybanez	1345 East Mohave Street aka 1339 East Mohave Street APN: 115-40-074	AV01050060	$45,000
Ricardo Alafa and Faustino Alafa, Jr.	911 East Apache Street APN: 115-45-051	AV01050171	$58,000
Jose Campos and Rosa Campos	1021 East Apache Street APN: 115-46-030	AV01050187	$55,000

Owner	Address	WBS Element	Appraisal
The Maria De Jesus Olivarez-Garcia Family Trust, U/A dated December 3, 2008	926 East Durango Street APN: 115-45-046	AV01050245	$20,000
Nora Gomez Murillo	724 East Durango Street APN: 115-45-068-A	AV01050255	$92,000
Armando Rascon	1322 East Hess Street APN: 115-37-030	AV01050344	$50,000
Mark German	2114 South 14th Street APN: 115-37-062-A	AV01050424	$59,000
Juan Manuel Cantu, Jr.	1214 East Gibson Lane aka 1208 East Gibson Lane APN: 115-37-021	AV01060099	$63,000
Mary Louise Ramirez Blanco	1117 South 10th Street APN: 115-43-100	AV01040110	$26,000
Ozella Penrod	753 East Apache Street aka 821 East Apache Street APN: 115-45-063	AV01050165	$20,000
Jean Marie Gabrielli, Grace E. Thrasher, and Diana L. Kirby	1204 East Hess Avenue aka 1206 East Hess Avenue APN: 115-37-053	AV01050358	$20,000
Diana L. Kirby, Jean Marie Gabrielli, and Grace E. Thrasher	1204 East Hess Avenue APN: 115-37-054	AV01050359	$20,000
Albert F. Crum	2434 South 19th Street APN: 115-30-027	AV01070101	$72,000
Mariana Bourassa	708 South 9th Way APN: 116-37-037	AV01030105	$39,500
Robert A. Lopez and Patricia E. Lopez	1930 East Madison Street APN: 115-06-076	AV01020439	$66,500
Jeffrey Lee Somerville and Juan Jose Mendoza Romero	1917 East Madison Street APN: 115-06-091	AV01020537	$66,500

Owner	Address	WBS Element	Appraisal
Charles M. Soto, Edward M. Soto, Ernest Soto, and Celia S. Maldonado, as Trustee of the Celia S. Maldonado Revocable Living Trust dated January 21, 2004	1146 East Yavapai Street APN: 115-43-002	AV01040126	$20,000
Rodolfo M. Jimenez and Rosalinda S. Jimenez	2347 South 13th Street APN: 115-36-019	AV01060165	$57,000
Joseph P. Guerra and Lirio V. Guerra	1114 East Yavapai Street APN: 115-43-057	AV01040134	$56,000
Ramon T. Beltran	1013 East Apache Street APN: 115-46-038	AV01050183	$26,000
James G. Abril and Cathy I. Abril	1104 East Durango Street APN: 115-46-147	AV01050230	$34,000
Evangelina Alcantar	932 East Durango Street APN: 115-45-044	AV01050244	$45,000
Wilfido I. Zurita and Zoila Zeferino Onofre	1017 East Durango Street APN: 115-47-004	AV01050271	$57,000
Richard Torres	1114 East Gibson Lane APN: 115-47-086	AV01060063	$68,500
The Heirs and Devisees of Maria Elena Rodriguez, deceased, subject to Probate proceedings pending in Superior Court of Maricopa County, Arizona, Probate PB2005-002368	920 East Mohave Street APN: 115-45-144	AV01040640	$32,500

Owner	Address	WBS Element	Appraisal
The Heirs and Devisees of Maria Elena Rodriguez, deceased, subject to Probate proceedings pending in Superior Court of Maricopa County, Arizona, Probate PB2005-002368	920 East Mohave Street APN: 115-45-142	AV01040641	$32,500
Adelina Gano	2205 South 15th Street APN: 115-35-005	AV01060258	$52,000
Blasa M. Dominguez and Manuel Dominguez	803 South 10th Place APN: 116-39-077	AV01030056	$56,000
Maria Almansa	909 East Pima Street APN: 115-45-093	AV01040420	$37,000
Yamileth Rios	1318 East Madison Street APN: 116-47-060	AV01020346	$55,000

Further authorizing the City Controller to disburse funds to purchase the properties at the City's appraised value, plus usual and customary closing costs, and to accept and disburse funds for the related temporary occupancy agreements.

Funding is available from Passenger Facility Charge revenue.

Citizen Notification

A Community meeting is held quarterly to update the community and receive feedback regarding the Community Noise Reduction Program. The community is supportive of proceeding with the land acquisitions.

This request bears the recommendation of Mr. Krietor and the Aviation Department.

ITEM 91

DISTRICT 3

ORDINANCE S-36327 -

CALL FOR SPECIAL COUNCIL ELECTION IN DISTRICT 3

Request to call a Special Council Election in Council District 3 for the purpose of filling the unexpired term of City Council member and fixing the date therefore.

The City Charter requires that the election must be held not less than 120 days from the date it is called. The earliest date this election could be held is November 3, 2009.

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

ITEM 92

CITYWIDE

ORDINANCE S-36328 -

ENVIRONMENTAL PROTECTION AGENCY CLIMATE SHOWCASE COMMUNITIES GRANT

Request to authorize the City Manager, or his designee, to apply to the United States Environmental Protection Agency (EPA) for a $500,000 Climate Showcase Communities Grant, and for the City Controller to accept and disburse such funds. The EPA will select recipients on a competitive basis. The grant proposal is due July 22, 2009.

Staff from the Office of Environmental Programs (OEP) and the City's Solar Energy Task Force have partnered on this proposed grant. OEP staff will be responsible for administration of the grant.

The goal of the grant is to develop plans, conduct demonstrations, and implement projects that reduce greenhouse gas emissions and to create replicable models of sustainable community actions that generate cost effective and persistent greenhouse gas reductions while improving the environmental, economic, public health, or social conditions in the community.

The EPA anticipates selecting recipients in 2009 with initiation of the grant in January 2010 for a period of up to three years.

Affirmative Action

The EPA, a governmental entity, is exempt from the affirmative action requirements of the City Code, Chapter 18, Article IV or V.

Financial Impact

A 50 percent match is required for this grant and will be met with in-kind contributions from staff for management and implementation.

This item is recommended by Mr. Krietor and the City Manager's Office/Office of Environmental Programs.

ITEM 93

DISTRICT 7

ORDINANCE S-36329 -

SMALL SCHOOLS BOND FUNDING - BEN FRANKLIN POLICE AND FIRE ACADEMY

Request to authorize the City Manager, or his designee, to negotiate, enter into agreement, and allocate the funding to the Phoenix Union High School District (PUHSD) for additions to the Ben Franklin Police and Fire Science Academy Training Building. Further request authorization for the City Controller to disburse funds associated with the agreement.

The Innovation, Parks, and Education Subcommittee recommended approval of $1,190,000 million for the PUHSD small schools development on a reimbursement basis at its November 27, 2007 meeting. The PUHSD is now ready to commence the work and has requested that the City make the funding available.

The City will reimburse PUHSD for its costs as funds are expended. The project will be funded from 2006 Small Schools Bonds. Approval of this request will complete the allocation of the 2006 Small Schools Bond Funding.

This request is recommended by Mr. Krietor and the Youth and Education Programs Director.

ITEM 94

DISTRICTS 6, 7, AND 8

ORDINANCE S-36330 -

MEMBERSHIP IN DISCOVERY TRIANGLE DEVELOPMENT CORPORATION

Request to authorize the City's membership in and Aviation Department funding in the amount of $50,000 for the Discovery Triangle Development Corporation, and further authorizing the City Controller to disburse funds for the purpose of this ordinance.

In his 2005 State of the City address, Mayor Gordon identified the "Opportunity Corridor" as an area between the State Capitol and Arizona State University's (ASU) main campus in Tempe where there was a great opportunity and potential for growth. Since that time, the Phoenix Community Alliance and business, governmental, and economic leaders have more clearly defined a strategic area now called the Discovery Triangle. This tri-city region is located within the urban areas of Tempe, Phoenix, and Scottsdale.

Recently, the Discovery Triangle Development Corporation (a 501(c)(3) corporation) was formed to begin creating a strategic plan to attract and retain companies and jobs in the triangle and create redevelopment opportunities. The Discovery Triangle area includes Aviation Department property. The cities of Tempe, Scottsdale, and private sector companies, along with ASU and the Maricopa Community Colleges, are currently considering memberships and funding of the corporation.

Financial Impact

The Aviation Department will provide funding of $50,000 to support this effort. Funds are available in the Aviation Department's Operating budget.

The Economy, Commerce, and Sustainability Subcommittee recommended Council approval on June 2, 2009.

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

ITEM 95

DISTRICTS 7 AND 8

ORDINANCE S-36331 -

AMEND ORDINANCE S-35859 - EXCHANGE OF PROPERTIES

Request to amend Section 3(1) of Ordinance S-35859 by replacing the date of June 30, 2009, with September 15, 2009.

The City and Maricopa County have agreed upon terms to exchange properties in downtown Phoenix. The County has requested additional time to meet administrative requirements, which is amenable to the City.

Financial Impact

There is no financial impact to the City by this amendment.

Affirmative Action

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

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

ITEM 96

DISTRICTS 7 AND 8

ORDINANCE S-36332 -

CONTRACT WIA SUMMER YOUTH SERVICES THROUGH ARRA - EMERGENCY CLAUSE

Request to authorize the City Manager, or his designee, to contract with community based organizations for Workforce Investment Act (WIA) youth services, and authorize the City Controller to disburse American Recovery and Reinvestment Act funds in the amount of $177,000 from the State of Arizona Department of Economic Security for the period of July 1, 2009 through September 30, 2009. These funds will be used to provide work readiness and summer employment-related services to youth in targeted neighborhoods in Districts 7 and 8 under the Workforce Investment Act of 1998.

Agency	Overall Average	Funding Allocation (Up To)	Approximate Service Levels	Expiration Dates
Out-of-School Population
Valley of the Sun YMCA	82.00	$ 59,000	20		04/22/2010
Arizona Opportunities Industrialization Center	79.00	$ 59,000	20		05/21/2011
Greater Phoenix Urban League	77.83	$ 59,000	20		08/18/2009
	Total	$177,000	60

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 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 contract termination.

Financial Impact

No General Funds are required. Funding for the contracts is provided by the American Recovery and Reinvestment Act of 2009.

Emergency Clause Justification

An emergency clause is requested in order to expedite the contracting process, as this is a significant American Recovery and Reinvestment Act project that will generate direct jobs and contribute to the region's economic recovery.

The Phoenix Workforce Connection Board approved these funding recommendations at the June 11, 2009 meeting.

The Economy, Commerce, and Sustainability Subcommittee approved this item on June 18, 2009.

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

ITEM 97

DISTRICT 8

ORDINANCE S-36333 -

REDEVELOPMENT AGREEMENT WITH HHLUHRS, LLC

Request to authorize the City Manager, or his designee, to enter into a redevelopment agreement (RDA), leases, easements, and other agreements as necessary (collectively, the Agreements) with HHLuhrs, LLC, or its City approved nominee (collectively, Developer), and for the City Controller to accept and disburse funds for the development of an approximate 315-room select-service/ extended-stay hotel at the northwest corner of Madison Street and Central Avenue (the Property).

The Developer, the owner of the Property, in response to the City's request for mixed-use development proposals, will develop an approximate 315-room select‑service/extended-stay hotel at the southeast corner of the Luhrs block. The limited service hotel will include various amenities, including a bistro bar, no more than 8,000 square feet of meeting facilities, a fitness center, and a swimming pool. The hotel will include a level of furniture, fixtures, finishes, amenities, services, and other characteristics consistent with Courtyard/ Residence Inn by Marriott or Hilton Garden Inn/Homewood Suites or other similar dual brand hotels.

Under the proposed business terms, the Developer shall pay a performance deposit, in the amount of $50,000, payable fifteen days after Council authorization (Authorization Date) of the terms. Within six months from the Authorization Date, the Developer shall enter into an RDA with the City. Within twelve months from the execution of the RDA, the Developer shall provide an executed franchise agreement with a major hotel brand. Developer will be required to commence construction on the Hotel Project within twenty-four months from the Authorization Date and obtain a Certificate of Occupancy (C of O) for the Hotel Project within twenty-four months from the commencement of construction. A twelve-month extension to commence construction may be granted upon City review and approval of a written request from the Developer that includes a current market study.

Upon the satisfaction of certain requirements, including the timely submission by Developer and City approval of a current environmental report for the Property, the Developer will convey the Property to the City at no cost. The City will enter into a thirty-five year lease with the Developer with lease payments beginning at $5,000 in the first year and increasing to $355,000 in year thirty-five, and pursuant to current state law, the improvements will be eligible for Government Property Lease Excise Tax (GPLET) treatment with the first eight years of GPLET abated. At any time during the term of the lease, the Developer will have the option to repurchase the property for $50,000. All proceeds from the lease, repurchase, or sale of the leasehold shall be deposited in the Downtown Community Reinvestment Fund. Additionally, the City will require a Payment in Lieu of Property Tax from the Developer until the final C of O is issued for the Hotel Project.

The Developer is not permitted to sell, assign, or otherwise transfer its interest in the property or leasehold interest without prior approval by the City unless the transfer is to an affiliate of the Developer. Upon the first sale or transfer of its interest in the property and/or the leasehold interest, the Developer shall make payment to the City as follows: years 1 - 5 $300,000; years 6 - 10 $250,000; years 11 - 15 $200,000; years 16 - 20 $150,000; and years 21 - 35 $100,000. Developer will be reimbursed up to a maximum of $500,000 for eligible streetscape improvements that are installed within public right-of-ways that are adjacent to the Luhrs block. The City will provide the reimbursement on a matching expense basis. Developer is required to comply with all provisions of Title 34, Arizona Revised Statutes for the procurement and completions of the eligible streetscape improvements. The agreements may contain such additional terms and conditions deemed necessary or appropriate.

Financial Impact

Funding is available in the 2006 Transit Oriented Development Infrastructure Bond funds for the $500,000 streetscape reimbursement.

Affirmative Action

HHLuhrs, LLC is eligible to do business with the City until April 16, 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 agreement.

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

ITEM 98

CITYWIDE

ORDINANCE S-36334 -

IGA WITH DES TO ACCEPT AND DISBURSE WIA FUNDS

Request to authorize accepting Program Year 2009-2010 Workforce Investment Act (WIA) funds in an amount up to $9,000,000 from the State of Arizona Department of Economic Security and enter into a new intergovernmental agreement (IGA) with the Department of Economic Security (DES).

Authorization is also requested for the City Controller to disburse funds associated with this IGA.

The funds will be used to provide adult, youth, dislocated worker, and rapid response services under the Workforce Investment Act of 1998.

Program Impact

The acceptance and disbursement of these funds will provide continued access to services to include job placement, occupational training, and support services for adult, youth, and dislocated workers as well as specialized services to local businesses.

Financial Impact

No General funds are required to accept Workforce Investment Act funds.

The Economy, Commerce, and Sustainability Subcommittee recommended this item for Council approval on June 18, 2009.

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

ITEM 99

CITYWIDE

ORDINANCE S-36335 -

CONTRACT WITH THE GREATER PHOENIX ECONOMIC COUNCIL

Request to authorize the City Manager, or his designee, to enter into a one-year contract, and authorize the City Controller to disburse funds, in the amount of $578,085 to the Greater Phoenix Economic Council (GPEC), to assist the City in accomplishing its economic development goals and objectives.

Since the inception of GPEC in 1989, the City of Phoenix, along with 17 Valley communities and Maricopa County, has been an active member and financially supportive of GPEC. In addition, more than 130 private sector organizations contribute resources to support GPEC's efforts. GPEC's primary role is to market and promote the greater Phoenix region as a leading global marketplace for corporate locations and expansions and to generate business/industry prospects in targeted economic clusters.

The 2009-2010 funding request for the City of Phoenix is $578,085 and includes a reduction that decreases the total by $21,495, or 3.53 percent, from the prior fiscal year. The public sector funding formula used to determine the Fiscal Year 2009-2010 GPEC member community contributions maintains the same per capita rate as the current year of $0.3897, and is based on 2008 Maricopa Association of Governments' population estimates, with a 5 percent rate reduction.

Financial Impact

Water Services funds and Phoenix Convention Center funds are budgeted in the Fiscal Year 2009-2010 Community and Economic Development Department's Operating budget.

Affirmative Action

The Greater Phoenix Economic Council is eligible to do business with the City of Phoenix until April 23, 2010, 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 was recommended for City Council approval at the June 18, 2009, Economy, Commerce, and Sustainability Subcommittee meeting.

This item is also recommended for approval by Mr. Fairbanks, Mr. Krietor, Mr. Cavazos, and the Water Services, Phoenix Convention Center, and Community and Economic Development Departments.

ITEM 100

DISTRICT 1

ORDINANCE S-36336 -

WS85260022 - DVWTP EAST BASINS RECONSTRUCTION - CM@RISK - CONSTRUCTION CONTRACT AMENDMENT

Request to authorize the City Manager, or his designee, to amend Construction Manager at Risk (CM@Risk) Contract 122354 with McCarthy Building Companies, Inc. to provide additional construction phase services for the Deer Valley Water Treatment Plant (DVWTP) East Basins Reconstruction project, and further authorize the City Controller to disburse funds for purposes of this ordinance.

Approval of additional funds in the amount of $1,300,000 is requested for the construction of new water treatment facilities to replace failed structures on the east side of the process area. Construction includes new pre-sed basins, rapid mixer basins, chlorine dioxide (CIO₂) facilities, granular activated carbon (GAC) filter absorber basins, and other requisite construction activities such as earthwork, piping, etc.

The Contractor was chosen for this project using a qualifications-based selection process as authorized by Section 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 contract amount was $26,688,594 for Guaranteed Maximum Price (GMP) 1. Amendments for GMPs 2, 3, and 4 were processed in the amounts of $41,059,184, $42,252,222 and $6,307,160, respectively. The total current contract amount is $116,307,160. GMP 5 amendment totals $2,200,000 and will increase the total contract amount to $118,507,160. The Contractor's cost includes all subconsultant, subcontractor, and reimbursable costs. Funds are available from the Water Services Department's Capital Improvement Program budget using Water Civic Improvement Corporation Bonds.

Affirmative Action

The subject firm is eligible to do business with the City of Phoenix through April 9, 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

A Minority/Women/Small Business Enterprise (M/W/SBE) subcontractor participation goal of three percent was established for this project.

Previous City Council Action

On October 3, 2007, City Council approved award of CM@Risk Construction Phase Services Contract 122354 in the amount of $110,900,000 (GMPs 1, 2, and 3).

On September 10, 2008, City Council approved additional funds in the amount of $6,307,160 (GMP 4).

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 Water Services Department concurs with this request.

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

ITEM 101

DISTRICT 1

ORDINANCE S-36337 -

WS85500323 - 6TH/8TH AVENUE WATER MAIN REPLACEMENT

Report of 13 bids received by the Engineering and Architectural Services Department on June 9, 2009, for the 6th/8th Avenue Water Main Replacement project. Request to authorize the City Manager to award the contract and the City Controller to disburse the funds during the City Council's summer recess.

The Engineer's estimate and the 13 bids received are listed below:

	Totals	Goals SBE
Engineer's Estimate	$1,392,070.00	7 percent
Apache Pipelines, Inc.	$1,212,167.00**	7 percent
Citywide Contracting, Inc.	$1,241,360.00*	7 percent
Achen Gardner Engineering	$1,253,696.00	7 percent
T&T Construction	$1,368,229.55	7 percent
Lee's Pipelines, Inc.	$1,388,977.25	7 percent
Spire Engineering	$1,433,202.00	7 percent
Kleven Construction	$1,439,040.91	7 percent
Phoenix Pipelines	$1,603,842.00	7 percent
	Totals	Goals SBE
B&F Contracting	$1,607,675.93	7 percent
Blucor Contracting, Inc.	$1,610,992.10	7 percent
JJ Sprague of Arizona	$1,625,425.15	7 percent
Prime Contracting	$1,638,508.00	7 percent
Wheeler Construction, Inc.	$1,716,562.00	7 percent

* Lowest Responsible Bidder

** Deemed non-responsive due to incomplete bid package.

Recommendation

The Engineering and Architectural Services and Water Services Departments recommend award of the base bid to the lowest responsible bidder, Citywide Contracting, Inc., in the amount of $1,241,360.

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 Capital Improvement Program budget using Water Revenue.

Affirmative Action

The subject firm is eligible to do business with the City of Phoenix until March 18, 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.

SBE Report

Small Business Enterprise (SBE) subcontractor participation goal of seven percent was approved for this project. The lowest responsible bidder proposed an SBE subcontractor participation of seven percent, which will result in approximately $72,896 being subcontracted to the firms listed below:

SBE:	Cesar Correa Trucking, LLC	$62,896
SBE:	Southwest Barricades	$10,000
Total		$72,896

Previous City Council Action

No previous City Council action.

Citizen Notification

No citizen notification provided.

This item is also recommended by Mr. Cavazos.

ITEM 102

DISTRICTS 3 AND 7

ORDINANCE S-36338 -

PT68130004 -

FLUID MANAGEMENT SYSTEM AT NORTH AND SOUTH TRANSIT FACILITIES DESIGN SERVICES - FEDERAL AID PROJECT

Request to authorize the City Manager, or his designee, to enter into an agreement with Bay Area Instrument & Electric, Inc. to provide design services for the vehicle fluids management systems at the North and South Transit Facilities, and further authorizing the City Controller to disburse funds for the purpose of this ordinance.

Bay Area Instrument & Electric, Inc. was chosen for this project using a qualifications-based selection process authorized by Section 34-603 of the Arizona Revised Statutes. Based on this selection process, Bay Area was determined to be the most qualified firm to provide the required services in support of the Public Transit Department.

The Engineer's fee shall not exceed $116,856, including all subconsultant and allowable costs.

Additionally, request to authorize the City Manager to take all action as may be necessary or appropriate, and to execute all utilities-related design and construction agreements, licenses, and requests for utility services relating to the development, design, and construction of the project. Such utility services include, but are not limited to: electrical, water, sewer, natural gas, telecommunications, cable television, railroads, and other modes of transportation. This authorization excludes any transaction involving an interest in real property.

Financial Impact

Funding for this project is available in the Public Transit Department's Capital Improvement Program as follows:

T2000	$ 77,124.96
Federal Funds	$ 39,731.04
Total	$116,856.00

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.

DBE (Disadvantaged-Owned Business Enterprise) Report

Bay Area Instrument & Electric, Inc. will subcontract to the following certified firm in performing the required contract services:

DBE:

Draftek

$7,685

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

The Public Transit Department concurs with this request.

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

ITEM 103

DISTRICTS 4, 6, 8,

AND OUT OF CITY

ORDINANCE S-36339 -

WS85500310, (PA75400003) - ZONE 1, 1A, AND 2 WATER INFRASTRUCTURE - CM@RISK CONSTRUCTION CONTRACT AMENDMENT

Request to authorize the City Manager, or his designee, to amend Construction Manager at Risk (CM@Risk) Contract 125864 with PCL Construction, Inc. to provide additional construction phase services for the Zone 1, 1A, and 2 Water Infrastructure Improvements project; and further authorize the City Controller to disburse funds for purposes of this ordinance.

Approval of additional funds in the amount of $882,039 is requested for Guaranteed Maximum Price (GMP) 2 for construction of 2,700 feet of 16-inch water main along Galvin Parkway from Van Buren Street to the Phoenix Zoo water meter.

The contractor was chosen for this project using a qualifications-based selection process as authorized by Section 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.

Financial Impact

The contractor's cost includes all subconsultant, subcontractor, and reimbursable costs. Funds for these services are available in the 2009-2010 Parks and Recreation Department's Capital Improvement Program using Phoenix Parks and Preserves Initiative (PPPI).

Affirmative Action

The subject firm is eligible to do business with the City of Phoenix through February 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.

SBE Report

A Small Business Enterprise (SBE) subcontractor participation goal of six percent was established for this project.

Previous City Council Action

On September 19, 2007, City Council approved award of CM@Risk Design Phase Services Contract 122232 in the amount of $399,678.

On April 29, 2009, City Council approved award of CM@Risk Construction Phase Services Contract 125864 in the amount of $1,701,000 for GMP 1.

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 Water Services Department and Parks and Recreation Department concur with this request.

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

ITEM 104

DISTRICT 7

ORDINANCE S-36340 -

FD57120006 - FIRE TRAINING ACADEMY - CHANGE ORDER 6

Request to authorize the City Manager, or his designee, to approve additional funds in the amount of $1,100,000 to amend Contract 121438 with FCI Constructors, Inc. for additional design-build construction services for the new Fire Training Academy located at 22nd Avenue and Lower Buckeye Road, and to further authorize the City Controller to disburse the funds for purposes of this ordinance.

The additional funds are necessary to fund change order work due to the owner's request to add a 3,000-square-foot drivers training classroom. This Fire Training Academy is a multi-phased master planned project that continues to evolve due to the training requirements of the Fire Department.

Financial Impact

The original design-build contract amount was $1,165,744. A contract amendment was processed in the amount of $318,456 to include construction administration services. Guaranteed Maximum Price (GMP) Amendments 1, 2, and 3 have been processed in the amounts of $3,904,809, $7,783,944 and $7,045,616, respectively. In addition, five change orders totaling a credit of $303,289 to the contract have been executed. The total current contract amount is $19,915,280. This change order will increase the total contract amount to $21,015,280. Funding for this change order is available through 2006 General Obligation Bond funds.

Affirmative Action

The firm is eligible to do business with the City of Phoenix until July 29, 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

Design-Build Contract 121438 was approved by City Council on June 6, 2007, in the amount of $1,165,744. City Council has authorized additional funds for design-build contract services on July 2, 2007, in the amount of $7,272,490; on July 2, 2008, in the amount of $5,850,000; and on October 8, 2008, in the amount of $400,000. On June 17, 2009, City Council authorized additional funds in the amount of $5,300,000 for design-build contract services.

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

ITEM 105

DISTRICT 7

ORDINANCE S-36341 -

ST85100161 - DESIGN SERVICES AGREEMENT WITH SRP FOR DESIGN OF ELECTRICAL FACILITIES

Request to authorize the City Manager to enter into a design services agreement with Salt River Project (SRP). The purpose of this agreement is to allow for the design of electrical facilities associated with City of Phoenix Project ST85100161: Van Buren Street Paving from 75th Avenue to 67th Avenue. Also authorize the City Controller to disburse the funds.

Financial Impact

Funding for this project is available in the amount of $186,036 in the Street Transportation Department's Capital Improvement Program budget using 2006 bonds.

Citizen Notification

No citizen notification required.

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

ITEM 106

DISTRICT 7

ORDINANCE S-36342 -

WS85500336-REBID - WATER MAIN REPLACEMENT - OAK STREET TO THOMAS ROAD - 12TH STREET TO 16TH STREET

Report of 13 bids received by the Engineering and Architectural Services Department on June 16, 2009, for the Water Main Replacement Area Bounded By: Oak Street to Thomas Road, 12th Street to 16th Street. Also request to authorize the City Manager to award the contract and the City Controller to disburse the funds during the City Council's summer recess.

The Engineer's estimate and the 13 bids received are listed below:

	Totals	Goals SBE
Engineer's Estimate	$2,524,464.40	13 percent
Standard Construction Company, Inc.	$2,616,147.00*	13 percent
Prime Contracting	$2,713,543.70	13 percent
WGC, Inc.	$2,764,793.50	13 percent
	Totals	Goals SBE
Blucor Contracting	$2,779,705.00	13 percent
Pierson Construction, Inc.	$2,784,130.00	13 percent
Spire Engineering, LLC	$2,800,146.00	13 percent
Double D Construction	$2,867,903.00	13 percent
Kleven Construction	$2,876,654.57	13 percent
B&F Contracting, Inc.	$2,899,939.30	13 percent
T&T Construction, Inc.	$3,130,203.95	13 percent
Engineering Contractors	$3,352,107.35	13 percent
Swengel-Robbins, Inc.	$3,364,920.70	13 percent
Talis Construction	$3,592,681.96	13 percent

Recommendation

The Engineering and Architectural Services and Water Services Departments recommend award of the base bid to the lowest responsible bidder, Standard Construction Company, Inc., as asterisked, in the amount of $2,616,147.

Financial Impact

Funding is available in the Water Services Department's Water Revenue 0051 and Civic Improvement Corporation (CIC) Bond budget as follows:

Project	Funding	Total
WS85500336	Water Revenue 0051	$ 2,200,000
WS85500336	CIC Bond 1421	$ 416,147
Total		$ 2,616,147

Affirmative Action

The subject firm is eligible to do business with the City of Phoenix until September 9, 2009, by its compliance with the affirmative action requirements of the City Code, Chapter 18, Article IV. The firm is responsible for maintaining its eligibility during the life of the contract and failure to do so may result in termination of the contract.

SBE Report

Small Business Enterprise (SBE) subcontractor participation goal of 13 percent was approved for this project. The lowest responsible bidder proposed an SBE subcontractor participation of 13 percent, which will result in approximately $300,258.75 being subcontracted to the firms listed below:

SBE:	Swaine Asphalt Company	$ 263,198.06
SBE:	Southwest Barricades	$ 37,060.69
Total		$ 300,258.75

Previous City Council Action

Previous City Council action on April 1, 2009, only one company found responsive. On February 2, 2009, project was put on hold due to associated funds were routed to light rail project.

Citizen Notification

No citizen notification provided.

This item is also recommended by Mr. Cavazos.

ITEM 107

DISTRICT 8

ORDINANCE S-36343 -

AR00000016, (AR00000011) - PHOENIX THEATRE NEW MAINSTAGE AND MODIFICATION TO CURRENT MAINSTAGE - CONSTRUCTION ADMINISTRATION

Request to authorize the City Manager to enter into an agreement with Substance Design Consortium to provide construction administration services for the Phoenix Theatre new mainstage, and acoustical and electrical modifications to the current mainstage, and further authorizing the City Controller to disburse funds for the purpose of this ordinance.

Substance Design Consortium was chosen for this project using a qualifications-based selection process authorized by Section 34-603 of the Arizona Revised Statutes. Based on this selection process, Substance Design Consortium was determined most qualified firm to provide the required services for this project. The firm has also provided design 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 $20,000, including all subconsultant and reimbursable costs.

Financial Impact

Funding is available from 2006 Cultural Facilities Bonds.

Affirmative Action

The subject firm is eligible to do business with the City of Phoenix until May 2, 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.

Previous Council Action

The initial Design Phase Contract 124656 was approved by the City Council on October 8, 2008, in the amount of $1,320,602.

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

This item is recommended by Ms. Osuna, the Office of Arts and Culture, and the Engineering and Architectural Services Department.

ITEM 108

DISTRICT 8

ORDINANCE S-36344 -

AV08000038 FAA - CONNECTOR TAXIWAY C4 AT PSHIA - CONSTRUCTION ADMINISTRATION AND INSPECTION SERVICES

Request to authorize the City Manager, or his designee, to enter into an agreement with Huitt-Zollars, Inc. to provide planned construction administration and inspection services in support of the Connector Taxiway C4 project at Phoenix Sky Harbor International Airport (PSHIA). Further request to authorize the City Controller to disburse funds for the purpose of this ordinance. The Engineer's fee shall not exceed $125,083.

This project will construct a new connector between Taxiway C and B, adjacent to the new Taxiway C West In-fill work, and renumber, replace, and upgrade airfield signage along Taxiway C. The Engineer's scope of work includes: construction management; designer support; project reviews; recommendations and reports; permit compliance; and a full-time construction inspector for daytime construction activities as required during the construction.

Huitt-Zollars, Inc. was selected through a qualifications-based selection process in accordance with Section 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.

Financial Impact

The Engineer's cost includes all subconsultant and allowable costs. Funds are available from Passenger Facility Charge revenues.

Affirmative Action

Huitt-Zollars, Inc. is eligible to do business with the City of Phoenix until December 13, 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 117529 was approved by the City Council on November 30, 2005, in the amount of $505,400.

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 109

DISTRICT 8

ORDINANCE S-36345 -

AV08000038 FAA - TAXIWAYs A AND C RECONSTRUCTION AT SKY HARBOR AIRPORT - CM@RISK CONSTRUCTION CONTRACT AMENDMENT

Request to authorize the City Manager, or his designee, to amend Construction Manager at Risk (CM@Risk) Contract 119156 with Ames Construction, Inc. to provide additional construction phase services for the Taxiways A and C Reconstruction project at Phoenix Sky Harbor International Airport (PSHIA), and further authorizing the City Controller to disburse funds for the purpose of this

ordinance. Approval of additional funds in the amount of $2,500,000 is requested for Guaranteed Maximum Price (GMP) 5 for the Connector Taxiway C4. The CM@Risk's total estimated construction cost will be increased to $15,613,451.

This project will construct a new connector between Taxiway C and B, adjacent to the new Taxiway C West infill work. Work also includes upgrades and replacement of the existing airfield signage along Taxiway C and grading, and drainage work within adjacent infields.

Ames Construction, 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 cost includes all subconsultant, subcontractor, and reimbursable costs. Funds are available from already received AIP 3-04-0029-064-2008, and from Passenger Facility Charge revenues for the required matching funds.

Affirmative Action

The subject firm is eligible to do business with the City of Phoenix until October 18, 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 ten percent Disadvantaged-Owned Business Enterprise (DBE) subcontractor participation goal was established for this project.

Previous City Council Action

City Council approved award of the CM@Risk Pre-construction Contract 117964 in the amount of $200,000 on February 1, 2006. Additionally, Council awarded the CM@Risk Construction Contract 119156 for GMP 1 in the amount of $1,066,328 on June 21, 2006, amended it on August 29, 2007, October 10, 2007, and May 20, 2009, in the respective amounts of $747,123, $1,300,000, and $10,000,000.

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 110

DISTRICT 8

ORDINANCE S-36346 -

AV08000054 FAA (ARRA) - TAXIWAY C WEST IN-FILL RECONSTRUCTION AT PSHIA - CONSTRUCTION ADMINISTRATION AND INSPECTION SERVICES

Request to authorize the City Manager, or his designee, to enter into an agreement with Huitt-Zollars, Inc. to provide construction administration and inspection services in support of the Taxiway C West In-Fill Reconstruction project at Phoenix Sky Harbor International Airport (PSHIA). Further request to authorize the City Controller to disburse funds for the purpose of this ordinance.

The Engineer's fee shall not exceed $351,676. This project in-fills Taxiway C from C3 to C4 with approximately 2,200 linear feet of Portland Cement Concrete Pavement with adjacent shoulders. The Engineer's scope of work includes: construction management; designer support; project reviews; recommendations and reports; permit compliance; and a full-time construction inspector for daytime construction activities as required during the construction.

Financial Impact

Funding is available from a Federal Aviation Administration (FAA) Economic Recovery grant, a derivative of the American Recover and Reinvestment Act (ARRA) of 2009. The Engineer's cost includes all subconsultant and allowable costs.

Affirmative Action

DBE Report

A Disadvantaged-Owned Business Enterprise (DBE) subconsultant participation goal of 9.87 percent has been established for this contract.

Previous City Council Action

The initial Design Phase Contract 117529 was approved by the City Council on November 30, 2005, in the amount of $505,400.

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

This item is recommended by Mr. Krietor and the Aviation and Engineering and Architectural Services Departments.

ITEM 111

DISTRICT 8

ORDINANCE S-36347 -

PW23220005 - CALVIN C. GOODE BUILDING CRITICAL SYSTEMS UPGRADE DESIGN

Request to authorize the City Manager, or his designee, to enter into an agreement with MRT Design, LLC to provide design services in support of the Calvin C. Goode Building Critical Systems Upgrade project, and further authorizing the City Controller to disburse the funds for the purposes of this project.

The Architect was chosen for this project using a qualifications-based selection process as authorized by Section 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.

Design services include, but are not limited to: field survey verification; planning and presentation meetings attendance; signage design development; design plan development; construction documentation development, including specifications for bidding and permitting; and construction cost estimates preparation. Project services include replacement of chilled water piping, secondary electrical systems, and water/wastewater piping systems; installation of a new domestic water pump system and security systems; and other general repairs and updates as-needed to correct unsafe conditions and improve the safety of the office environment, and provide accessibility to meet Americans with Disabilities Act and other applicable code standards.

Additionally, request to authorize the City Manager to take all action as may be necessary or appropriate, and to execute all utilities-related design and construction agreements, licenses, permits, and requests for utility services relating to the development, design, and construction of the project. Such utility services include, but are not limited to: electrical, water, sewer, natural gas, telecommunications, cable television, railroads, and other modes of transportation. This authorization excludes any transaction involving an interest in real property.

Financial Impact

The Architect's fee shall not exceed $380,000, including all subconsultant and allowable costs. Funding for these services is available from 2006 General Obligation Facility Management Bonds.

Affirmative Action

The subject firm is eligible to do business with the City of Phoenix through February 4, 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.

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

The Public Works Department concurs with this request.

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

ITEM 112

DISTRICT 8

ORDINANCE S-36348 -

PW23220005 - CALVIN C. GOODE BUILDING CRITICAL SYSTEMS UPDATE - CM@RISK DESIGN PHASE SERVICES

Request to authorize the City Manager, or his designee, to enter into an agreement with Summit Builders to provide Construction Manager at Risk (CM@Risk) design phase services in support of the Calvin C. Goode Building Critical Systems Upgrade project, and further authorize the City Controller to disburse the funds for the purposes of this project.

The CM@Risk design services include, but are not limited to: project scheduling and phasing, construction document review, cost estimation, disparity goal setting, competitive bidding, and guaranteed maximum construction price preparation. The estimated construction cost for the first phase of this project is $2.8 million.

Financial Impact

The CM@Risk's fee shall not exceed $46,000, including all subconsultant and allowable costs. Funding for these services is available from 2006 General Obligation Facility Management Bonds.

Affirmative Action

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

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

The Public Works Department concurs with this request.

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

ITEM 113

CITYWIDE

ORDINANCE S-36349 -

CITY WATER MAIN REPLACEMENT ON-CALL SERVICES FOR FISCAL YEARS 2009-2010 AND 2010‑2011

Request to authorize the City Manager, or his designee, to enter into separate agreements with the following five firms to provide water main replacement engineering on-call services, and further authorizing the City Controller to disburse funds for the purpose of this ordinance. Each on-call contract will be for a two-year period, or the contract limit of $600,000, whichever occurs first. The two-year period will be for services during Fiscal Years 2009-2010 and 2010‑2011.

The firms are as follows:

●	Engineering Alliance, Inc.
●	Entellus, Inc.
●	DEI Professional Services
●	GHD, Inc.
●	RBF Consulting

The on-call Engineers will be utilized on an as-needed basis to provide design services to the Water Services Department for various water main replacement projects.

The Engineers were chosen for this project using a qualifications-based selection process as authorized by Section 34-603 of the Arizona Revised Statutes. Based on this selection process, these firms were determined to be the most qualified to provide the required services for this project.

Financial Impact

Fees incurred throughout the fiscal year contract term will be recovered through charges made directly to the specific Capital Improvement Program projects assigned.

Affirmative Action

The subject firms are eligible to do business with the City of Phoenix by their compliance with the affirmative action requirements of the City Code, Chapter 18, Article V. The firms are responsible for maintaining their eligibility during the life of the contract and failure to do so may result in termination of the contract. The firms and their affirmative action expiration dates are listed below:

Firm		Affirmative Action Expiration Dates
Engineering Alliance, Inc.		June 21, 2010
Entellus, Inc.		November 1, 2009
DEI Professional Services		November 22, 2009
GHD, Inc.		August 7, 2010
RBF Consulting		April 24, 2010

This Council award is subject to execution of an 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 114

CITYWIDE

ORDINANCE S-36350 -

NEIGHBORHOOD COMMERCIAL REHAB PROGRAMS ON-CALL ARCHITECTURAL SERVICES

Request to authorize the City Manager, or his designee, to enter into separate agreements with four firms to provide architectural design and possible construction administration and inspection services on an as-needed basis for the Neighborhood Services Department Neighborhood Commercial Rehabilitation Programs; and further authorizing the City Controller to disburse the funds for the purpose of these contracts.

The services provided by these firms may include studies, programming, Americans with Disabilities Act analysis, design of small architectural projects, construction documentation, and cost estimating.

These firms were chosen for this project using a qualifications-based selection process as authorized by Section 34-603 of the Arizona Revised Statutes. Based on this selection process, the following four firms were determined to be the most qualified to provide the required services for this project:

Firm		Contract Limits
CSHQA		$30,000
Durkin and Durkin, LLC		$50,000
Motley Design Group, LLC		$20,000
Robert Polcar Architects, Inc.		$20,000

Financial Impact

Funding for these services is available through Neighborhood Services Department's Community Development Block Grant funds.

Affirmative Action

The subject firms are eligible to do business with the City of Phoenix by their compliance with the affirmative action requirements of the City Code, Chapter 18, Article V. Each 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 firms and their respective affirmative action expiration dates are as follows:

Firm		Affirmative Action Expiration Dates
CSHQA		February 4, 2010
Durkin and Durkin, LLC		March 8, 2011
Motley Design Group, LLC		October 26, 2010
Robert Polcar Architects, Inc.		September 9, 2010

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

The Neighborhood Services Department concurs with this request.

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

ITEM 115

CITYWIDE

ORDINANCE S-36351 -

TELECOMMUNICATIONS SERVICES LICENSE TO TW TELECOM OF ARIZONA, LLC

Request to grant a non-exclusive, revocable license to TW Telecom of Arizona, LLC to construct, install, operate, maintain, and use a telecommunications system in, under, over, and across public highways and public rights-of-way to provide telecommunications services and interstate telecommunications services; providing that the license is subject to the terms and conditions contained in the license and the Phoenix Code; providing that the license shall expire five years from the effective date of the license; authorizing the City Manager to execute a license; and providing for the license executed by the City Manager to be void if not signed within 60 days.

The license includes requirements for insurance, a performance bond, a security fund, installation and operation of facilities, abandonment of facilities, and for transferability and revocation of the license.

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

ITEM 116

CITYWIDE

ORDINANCE S-36352 -

CONSTRUCTION CONTRACT AWARDS DURING CITY COUNCIL SUMMER RECESS

Request to authorize the City Manager to award contracts and the City Controller to disburse funds for the following construction projects during City Council's summer recess.

The Street Transportation and Neighborhood Services Departments have identified the following as projects that must be awarded during the City Council summer recess. The projects have been recently bid or are scheduled to bid this summer. The award of the contracts during the Council's summer recess will provide the contractors with a significantly earlier start on these critical projects. The projects and funding sources are as shown below:

Projects
Item 1	ST87400136	2010 Fractured Aggregate Surface Treatment (FAST) Overlay Pilot Project	$1,000,000
Item 2	ST87750081 and ST87750082	American Recovery and Reinvestment Act Project - Andalucia Phase III and IV Sidewalk Improvements	$ 695,560

Funding
Item 1	ST87400136	Funds are available from Arizona Highway User Revenue
Item 2	ST87750081 and ST87750082	Funds are available from Community Development Block Grant-R (CDBR ARRA) funding

M/W/SBE Report

The Minority/Women/Small Business Enterprise (M/W/SBE) subcontractor participation goals have been set prior to the advertising of each of the projects.

Item 1		Goal of 3 percent SBE has been set for this project.
Item 2		Goal of 11 percent SBE has been set for this project.

Previous City Council Action

No previous City Council action.

Citizen Notification

There have been no public notifications to date regarding these projects.

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

ITEM 117

CITYWIDE

ORDINANCE S-36353 -

IFB 09-201 - PROVIDE AND APPLY ASPHALT RUBBER CRACK SEALANT - REQUIREMENTS CONTRACT

Report of five bids received by Purchasing on May 29, 2009, to provide and apply asphalt rubber crack sealant on an as-needed basis for one year starting on or about July 1, 2009, for the Street Transportation Department. Following is a tabulation of the lowest bids received:

Bidder	Unit Bid Prices Per Square Yard (Excluding Tax)
Bidder	On Residential Streets	On Major Collector/Arterial Streets
Cholla Pavement Maintenance, Inc. Apache Junction, Arizona	$0.184*	$0.234*
Cactus Asphalt Tolleson, Arizona	$0.25	$0.35
CPC Construction, Inc. Gilbert, Arizona	$0.27	$0.31

It is recommended by the Deputy Finance Director and the Interim Street Transportation Director that the bid of Cholla Pavement Maintenance, Inc, as asterisked, be accepted as the lowest responsive and responsible bidder. It is also requested that the City Controller be authorized to disburse funds for services performed on the contract.

A lower bid was received but is not being recommended for award because references revealed that the firm has little or no experience applying rubber crack sealant material.

The contractor will fill cracks of 1/4 inch and wider with rubber crack sealant material for approximately 1,500,000 square yards of residential streets, and 175,000 square yards of major collector/arterial streets in the city. The estimated annual expenditure is $1,100,000, including tax.

Provisions of the agreement include an option to extend the contract up to four additional years, in one-year increments, which will be exercised by staff if considered in the City's best interest to do so.

Financial Impact

Funds are available in the Street Transportation Department's 2010 Capital Improvement Program budget using Arizona Highway User Revenue.

Affirmative Action

The subject firm is eligible to do business with the City of Phoenix until April 27, 2010, 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. Zuercher.

ITEM 118

CITYWIDE

ORDINANCE S-36354 -

MARICOPA COUNTY CONTRACT 06096S - LOOP DETECTOR INSTALLATION SERVICES

Request authorization to enter into agreement for loop detector installation with CPC Construction, Gilbert, Arizona, by using Contract 06096S established by the Maricopa County through a competitive bidding process. The initial term of the County contract began October 12, 2006 and ends October 31, 2009. The Street Transportation Department request authorization to utilize the contract beginning July 1, 2009. Under the intergovernmental agreement with Maricopa County, the City of Phoenix may use its agreements when beneficial for the City to do so.

Authorization is also requested for the City Controller to disburse funds for services performed in this contact.

Provisions of this request include an option to extend the cooperative agreement usage up to four additional years, in one-year increments, which will be exercised by staff if considered in the City's best interest to do so.

Financial Impact

Funds are available in the Street Transportation Department's 2009-2010 Capital Improvement Program budget. The estimated annual expenditure is $125,000, including taxes.

Affirmative Action

The subject firm is eligible to do business with the City of Phoenix until June 4, 2010, 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 request is made by the Deputy Finance Director and the Interim Street Transportation Director.

This item is also recommended by Mr. Zuercher.

ITEM 119

DISTRICTS 1, 3, AND 7

ORDINANCE S-36355 -

ACCEPTANCE AND DEDICATION OF A DEED AND EASEMENTS FOR PUBLIC USE

Request to accept a deed and easements for roadway, water, and sidewalk purposes, ordering the ordinance recorded, and dedicating to public use the properties described therein.

			District
Easement	(a)	PRIEST CAPITAL GROUP, LLC Easement is for water purposes for property located at I-17 and Pinnacle Peak Road. FN 080114	1
Easement	(b)	HOWARD TAYLOR Easement is for sidewalk purposes for property located at 9017 North Cave Creek Road. FN 090009	3
Deed	(c)	PHOENIX TRUST DEED PARTNERS VIII Deed is for roadway purposes for property located at 159 East Saint Catherine Avenue. FN 090005	7

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

ITEM 120

DISTRICT 5

ORDINANCE S-36356 -

GRANT OF IRRIGATION EASEMENTS TO SRP

Request to authorize the City Manager, or his designee, to grant three irrigation easements to Salt River Project (SRP) for consideration in the amount of one dollar. The easement areas contain approximately 40,467 square feet and are located within City of Phoenix right-of-way along 99th Avenue between Camelback and Indian School Roads.

SRP requires the easement for the replacement of an open irrigation distribution ditch to an underground irrigation pipeline to accommodate an aesthetics project at this location.

This bears the recommendation of the City Engineer and the Deputy Finance Director.

This item is also recommended by Mr. Washington.

ITEM 121

DISTRICT 6

ORDINANCE S-36357 -

DEDICATION OF A PUBLIC UTILITY EASEMENT ACROSS CITY-OWNED LAND LOCATED EAST OF 52ND STREET AND SOUTH OF MCDOWELL ROAD

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 Papago Park Municipal Cart Barn project. The property is located east of 52nd Street south of McDowell Road.

This bears the recommendation of the Parks and Recreation Director and the Deputy Finance Director.

This item is also recommended by Mr. Miller.

ITEM 122

DISTRICT 7

ORDINANCE S-36358 -

GRANT OF IRRIGATION AND POWER EASEMENTS TO SRP

Request to authorize the City Manager, or his designee, to grant four irrigation easements containing approximately 40,079 square feet and four power easements containing approximately 25,625 square feet for consideration in the amount of one dollar to Salt River Project (SRP). The easements are located within city of Phoenix right-of-way along McDowell Road from 75th and 83rd Avenues. The easements are necessary to accommodate the major street improvement project proposed for the area.

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

This item is also recommended by Mr. Zuercher.

ITEM 123

DISTRICT 8

ORDINANCE S-36359 -

GRANT OF IRRIGATION EASEMENT TO SRP

Request to authorize the City Manager, or his designee, to grant an irrigation easement to Salt River Project (SRP) for consideration in the amount of one dollar. The easement area contains approximately 1,488 square feet and is located in city of Phoenix right-of-way, east of Southern Avenue at 32nd Street.

SRP requires the easement in order to connect relocated irrigation facilities into an existing underground irrigation distribution pipeline to accommodate the Mark Taylor development at this location.

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

This item is also recommended by Mr. Cavazos.

ITEM 124

OUT OF CITY

ORDINANCE S-36360 -

GRANT OF EASEMENT - 75TH AVENUE ALIGNMENT, SOUTH OF ROESER ROAD

Request to authorize the City Manager, or his designee, to grant an easement to Edw. C. Levy Co., a Michigan Corporation, across land located in the 75th Avenue right-of-way alignment south of Roeser Road.

The easement may be granted in order to allow the Levy Company to transport material across the property that has been condemned by the City for a force main and storm drain project, Maricopa County Superior Court Cause CV 2003-023698. The City has been granted use of the area through an Order of Immediate Possession. The easement to Edw. C. Levy Co. will allow continuity of use for Edw. C. Levy Company's sand and gravel operation. Granting of the easement would not take place prior to the City obtaining fee title through a Final Order of Condemnation. The legal description will be finalized at the time the easement is conveyed.

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

This item is also recommended by Mr. Zuercher.

ITEM 125

DISTRICT 1

ORDINANCE S-36361 -

ACQUISITION OF ONE CAP PARCEL - LAKE PLEASANT WATERLINE PROJECT - 51ST AVENUE - SR 74 TO 37TH AVENUE

Request to authorize the City Manager, or his designee, to acquire fee title or lesser interest in all or a portion of one improved or vacant parcel located south of the Central Arizona Project (CAP) Canal and west of 39th Avenue for the Lake Pleasant Waterline project. Further request authorization to enter into short-term protective leases to minimize relocation costs and temporary occupancy agreements to allow occupants time to relocate, as may be necessary to, and in furtherance of, this ordinance.

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

Further requesting approval that the United States Bureau of Reclamation - Central Arizona Project, its officers, agents, employees, or volunteers be excepted from the requirements of Phoenix City Code 42-13(A) concerning indemnification and assumption of liability by the City of Phoenix.

Further authorizing the City Controller to disburse funds to purchase the property within the City's appraised value, plus usual and customary closing costs and administrative fees, and to accept and disburse funds for the referenced leases and agreements.

Financial Impact

Funds are available from the Water Services Department's Capital Improvement Program budget using Impact Fee funds.

Citizen Notification

No public meetings were held on this project.

This bears the recommendation of the Assistant Water Services Director and the Deputy Finance Director.

This item is also recommended by Mr. Cavazos.

ITEM 126

DISTRICT 1

ORDINANCE S-36362 -

ACQUISITION OF RIGHT-OF-WAY FOR PUBLIC ROADWAY OVER ARIZONA STATE LAND DEPARTMENT PROPERTY

Request to authorize the City Manager, or his designee, to execute all necessary documents to acquire an easement for roadway and utility purposes located along Happy Valley Road between 39th Avenue and 35th Avenue. The easement is currently owned by J&R Holdings XII, LLC over Arizona State Land Department property. The easement will be assigned to the City of Phoenix by J&R Holdings XII, LLC and authorized by the Arizona State Land Department.

Acquisition is to be by donation.

Further authorizing that the Arizona State Land Department, its officers, agents, employees, or volunteers be excepted from the requirements of Phoenix City Code Section 42-13(A) concerning indemnification and assumption of liability by the City of Phoenix.

Also authorizing the City Controller to disburse funds for usual and customary administrative fees and closing costs.

Financial Impact

Funds are available in the Street Transportation Department's Capital Improvement Arizona Highway User Revenue budget for the administrative fees and closing costs.

Citizen Notification

No public meetings were held on this project.

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

This item is also recommended by Mr. Washington.

ITEM 127

DISTRICT 2

ORDINANCE S-36363 -

ACQUISITION OF ONE PARCEL FOR STREET IMPROVEMENT PROJECT - BELL ROAD - 32ND STREET TO 40TH STREET

Request to authorize the City Manager, or his designee, to acquire fee title or lesser interest in all or a portion of one improved or vacant parcel located along Bell Road between 32nd Street and 40th Street for the Bell Road Sidewalk Improvement project. Further request authorization to enter into short-term protective leases to minimize relocation costs and temporary occupancy agreements to allow occupants time to relocate, as may be necessary to, and in furtherance of, this ordinance.

Acquisition is to be by donation, purchase within the City's appraised value, or by the power of eminent domain.

Further authorizing the City Controller to disburse funds to purchase the property within the City's appraised value, plus usual and customary closing costs, and to accept and disburse funds for the referenced leases and agreements.

Financial Impact

Should funding be required for this acquisition, it will come from the Street Transportation Department's 2009-2010 Capital Improvement Program using 2006 Street Improvement Bonds.

Citizen Notification

No public meetings have been held on this project

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

This item is also recommended by Mr. Zuercher.

ITEM 128

DISTRICT 3

ORDINANCE S-36364 -

AMEND ORDINANCE S-36247 - CORRECT LEGAL DESCRIPTION

Request to amend Ordinance S-36247 adopted June 10, 2009, to correct the legal description.

The above referenced ordinance authorized the City Manager, or his designee, to acquire fee title in all or portions of improved or vacant privately-owned parcels located at the northeast corner of 19th Avenue and Cactus Road. The property consists of approximately 30 acres and is to be incorporated as part of the North Mountain Preserve. A revised legal description resulting from an A.L.T.A. survey shall replace the prior legal description.

All conditions and stipulations previously stated in the ordinance remain the same.

This bears the recommendation of the Parks and Recreation Director and the Deputy Finance Director.

This item is also recommended by Mr. Miller.

ITEM 129

DISTRICT 5

ORDINANCE S-36365 -

AMEND ORDINANCE S-35901 - LEASE AGREEMENTS FOR THREE CITY-OWNED, SINGLE-FAMILY RESIDENCES

Request to amend Ordinance S-35901 adopted February 18, 2009, to enter into lease agreements for three City-owned, single-family residences acquired via voluntary sale as a result of Light Rail Northwest Extension construction.

The rent amount will change to reflect the current market.

1.	Rent:	1826 West Orangewood
		1825 West Vista Avenue
		1826 West Vista Avenue
		Market rent as determined by information received from the City's Appraisal Section.

All other terms and conditions of the original ordinance to remain unchanged.

This bears the recommendation of the Public Transit Director and the Deputy Finance Director.

This item is also recommended by Mr. Washington.

ITEM 130

DISTRICT 5

ORDINANCE S-36366 -

LICENSE WITH SRP FOR USE OF A PORTION OF LATERAL 14.4

Request to authorize the City Manager, or his designee, to enter into a license agreement with Salt River Project (SRP) for the use of that portion of Lateral 14.4 lying between Bethany Home Road and Missouri along 31st Avenue. The purpose of this license is to allow for the maintenance of Median Gardens.

Further authorizing the exception of SRP from the requirements of Phoenix City Code Subsection 42-13 concerning indemnification and assumption of liability by the City of Phoenix.

This license agreement will include the following terms and conditions:

Term of License:		The term of this license shall be from May 1, 2009 through April 30, 2029. Either party may terminate the license upon delivery of a 30-day written notice.
Compensation:		The license will be granted in consideration of the mutual covenants contained therein with no additional cash consideration.
Maintenance of Leased Property:		The City of Phoenix will be responsible for the maintenance of the property in reasonable good, sanitary, and safe condition.
Access to Licensed Property:		SRP reserves to itself, the Salt River Valley Water Users' Association, and the USA a right to access the licensed property for the construction, use, operation, maintenance, relocation, and removal of any existing and future electric or water distribution or transmission facilities.
Insurance:		The City will comply with indemnification and insurance requirements contained in the license.

The License may contain other terms and conditions deemed necessary or appropriate by City staff.

Financial Impact

There is no financial impact to the City of Phoenix.

This item is recommended by Ms. Osuna, the Office of Arts and Culture Administrator, and the Deputy Finance Director.

ITEM 131

DISTRICT 5

ORDINANCE S-36367 -

ACQUISITION OF PROPERTY FOR LIGHT RAIL - NORTHWEST EXTENSION ALIGNMENT - ALONG 19TH AVENUE

Request to authorize the City Manager, or his designee, to acquire fee title or lesser interest in all or portions of improved or vacant parcels located along 19th Avenue, from Bethany Home Road to Dunlap Avenue, for the northwest extension of Light Rail (as listed below). Further request authorization to enter into short-term protective leases to minimize relocation costs and temporary occupancy agreements to allow occupants time to relocate, as may be necessary to, and in furtherance of, this ordinance.

WBS	Parcel	APN	Address
PT00251351	NW.1351	157-17-039H	1904 West Glendale Avenue
PT00251615	NW.1615	158-19-034	1840 West Seldon Lane
PT00251618	NW.1618	158-19-012	1838 West Orchid Lane

Acquisition is to be by donation, purchase within the City's appraised value, purchase at a settlement amount arrived at through mediation and determined by the City Manager, or his designee, to be reasonable under the circumstances, or by the power of eminent domain.

Further authorizing the City Controller to disburse funds to purchase the property within the City's appraised value or a settlement amount arrived at through mediation and determined by the City Manager, or his designee, to be reasonable under the circumstances, plus usual and customary closing costs, and to accept and disburse funds for the related leases and agreements.

Financial Impact

Funds are available in the Public Transit Department's Capital Improvement Program budget using Bond funds.

Citizen Notification

Citizen notification has been ongoing since October 2003, including numerous public meetings and stakeholder meetings.

This bears the recommendation of the Public Transit Director and the Deputy Finance Director.

This item is also recommended by Mr. Zuercher.

ITEM 132

DISTRICT 5

ORDINANCE S-36368 -

ACQUISITION OF FIVE PARCELS FOR SIDEWALK IMPROVEMENT PROJECT - 35TH AVENUE - LAMAR ROAD TO GLENDALE AVENUE

Request to authorize the City Manager, or his designee, to acquire fee title or lesser interest in all or portions of five improved or vacant parcels located along 35th Avenue between Lamar Road and Glendale Avenue for the Lamar Americans with Disabilities Act Sidewalk project.

Acquisition is to be by donation.

Further authorizing the City Controller to disburse funds for usual and customary closing costs.

Financial Impact

Funding is available in the 2009-2010 Street Transportation Department's Capital Improvement budget using 2006 Street Bonds.

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

This item is also recommended by Mr. Zuercher.

ITEM 133

DISTRICT 5

ORDINANCE S-36369 -

AMEND ORDINANCE S-34456 - ACQUISITION OF TWO PARCELS FOR 48-INCH WATERLINE AT INDIAN SCHOOL ROAD AND STATE ROUTE 101

Request to amend Ordinance S-34456 adopted October 10, 2007, which authorized the City Manager, or his designee, to acquire portions of improved or vacant parcels of land along the north side of Indian School Road west and east of State Route 101 for easements necessary for construction of a 48-inch waterline, to include acquisition of the property owner's underlying fee interest.

The acquisition of fee title to the parcels will be at no additional cost to the City.

The remainder of the ordinance shall remain the same.

This bears the recommendation of the Assistant Water Services Director and the Deputy Finance Director.

This item is also recommended by Mr. Cavazos.

ITEM 134

DISTRICT 7

ORDINANCE S-36370 -

ACQUISITION OF TWO PARCELS FOR STREET IMPROVEMENT PROJECT - 43RD AVENUE - LOWER BUCKEYE ROAD TO MOHAVE STREET

Request to authorize the City Manager, or his designee, to acquire fee title or lesser interest in all or portions of two improved or vacant parcels located along 43rd Avenue between Lower Buckeye Road and Mohave Street needed for the 43rd Avenue - Lower Buckeye Road to Mohave Street project. Further request authorization to enter into short-term protective leases to minimize relocation costs and temporary occupancy agreements to allow occupants time to relocate, as may be necessary to, and in furtherance of, this ordinance.

Acquisition is to be by donation, purchase within the City's appraised value, or by the power of eminent domain.

Financial Impact

Funds are available in the 2009-2010 Street Transportation Department's Capital Improvement Program budget using Arizona Highway User Revenue.

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

This item is also recommended by Mr. Zuercher.

ITEM 135

DISTRICT 7

ORDINANCE S-36371 -

LAND EXCHANGE BETWEEN THE USA, SRP, AND THE CITY FOR RELOCATION OF IRRIGATION FACILITIES WITHIN RIGHT-OF-WAY

Request to authorize the City Manager, or his designee, to execute the necessary documents to exchange easements with the United States of America (USA) through its Department of Interior, Bureau of Reclamation (BOR) and Salt River Project (SRP) for the purpose of relocating irrigation facilities. The proposed and existing sites lie within City of Phoenix right-of-way at 27th Avenue and Southern. The City of Phoenix will convey approximately .12 acres to the USA and .04 acres to SRP, in exchange for .11 acres from the USA to the City of Phoenix.

The USA requires the land exchange and SRP easements to relocate an open distribution ditch to an underground irrigation pipeline in order to accommodate a street improvement project at this location.

Further authorizing the acceptance of the easement from the USA to the City of Phoenix.

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

This item is also recommended by Mr. Zuercher.

ITEM 136

DISTRICT 7

ORDINANCE S-36372 -

LAND EXCHANGE BETWEEN THE USA, SRP, AND THE CITY FOR RELOCATION OF IRRIGATION FACILITIES WITHIN RIGHT-OF-WAY

Request to authorize the City Manager, or his designee, to execute the necessary documents to exchange easements and fee title with the United States of America (USA) through its Department of Interior, Bureau of Reclamation (BOR) and Salt River Project (SRP) for the purpose of relocating irrigation facilities. The proposed and existing sites lie within City of Phoenix right-of-way along 51st Avenue and Watkins Street. The City of Phoenix will convey approximately .05 acres to the USA and .02 acres to SRP, in exchange for .34 acres from the USA to the City of Phoenix.

The USA requires the land exchange in order to relocate an existing pipeline to accommodate the Southwest Business Center development at this location.

Further authorizing the acceptance of the easement and fee title from the USA to the City of Phoenix.

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

This item is also recommended by Mr. Cavazos.

ITEM 137

DISTRICT 7

ORDINANCE S-36373 -

LEASE TO LEGACY FARMING COMPANY

Request to authorize the City Manager, or his designee, to enter into a real property lease with Legacy Farming Company for farming purposes.

The lease must contain the following terms and conditions:

Lessee:		Legacy Farming Company
Location:		9502 West Lower Buckeye Road
Lease Term:		One year
Options:		Five, one-year options with 180 days prior written notice which will be exercised by staff if considered in the City's best interest. Renewal rates will be at the prevailing market rates in effect at the time each option is exercised.
Cancellation:		Arizona Revised Statutes, Section 38-511
Rental Rate:		$125 per acre per year. The City's Appraisal Section of the Real Estate Division has reviewed and determined this as a reasonable rate.
Insurance:		The lease shall contain insurance and indemnity provisions acceptable to the City's Risk Management Division and the City Attorney.
Termination Clause:		Either party may cancel this lease upon 60 days prior written notice.
Other:		Such other terms and conditions deemed necessary and appropriate, and consistent with the above.

Further authorizing the City Controller to accept and disburse funds for the referenced lease.

Affirmative Action

Legacy Farming Company is eligible to do business with the City of Phoenix until June 4, 2010, by their compliance with the affirmative action requirements of the City Code, Chapter 18, Article IV. They are responsible for maintaining their eligibility during the life of the lease and failure to do so may result in termination of the contract.

This item is recommended by Mr. Miller and the Finance Department.

ITEM 138

DISTRICT 7

ORDINANCE S-36374 -

AMEND ORDINANCE S-35716 - LEASE CITY-OWNED LAND TO FELIPE PEREZ FARMS, INC.

Request to amend Ordinance S-35716 adopted December 10, 2008, to lease City-owned land to Felipe Perez Farms, Inc. located in the vicinity of 59th Avenue and Dobbins Road for farming purposes, by changing the term of the lease from two years with two, one-year options to a one year lease with no options.

Further amending Ordinance S-35716 to reduce the rental amount from $150 per acre per year to $100 per acre per year. These changes will permit the tenant farmer to continue to fully utilize the existing alfalfa crops while City staff markets the property for a longer term lease.

The remainder of Ordinance S-35716 shall remain the same.

This bears the recommendation of the Parks and Recreation Director and the Deputy Finance Director.

This item is also recommended by Mr. Miller.

ITEM 139

DISTRICT 7

ORDINANCE S-36375 -

LEASE CITY-OWNED PROPERTY AT 424 NORTH CENTRAL AVENUE TO FAIR TRADE ENDEAVORS FOR COFFEE SHOP AND RETAIL STORE

Request to authorize the City Manager, or his designee, to negotiate and enter into a lease agreement with Fair Trade Endeavors, LLC, dba Fair Trade Café, for approximately 2,450 square feet of interior retail space located at 424 North Central Avenue for a coffee shop and retail store.

This lease will contain the following terms and conditions:

Lease Term:	Ten years
Options:	Two, five-year options with 90 days notice from the tenant and approval of the City. The rental rate during the option periods shall increase three percent per year.
Cancellation:	Arizona Revised Statutes, Section 38-511
Rental Rate:	Months 1 - 6 $ 0.00 Months 6 - 24 $ 15.00/per square foot Year 3 $15.00/per square foot Year 4 $15.45/per square foot Year 5 $15.91/per square foot Year 6 $16.39/per square foot Year 7 $16.88/per square foot Year 8 $17.39/per square foot Year 9 $17.91/per square foot Year 10 $18.45/per square foot This is a Triple Net (NNN) Lease
Maintenance/Expenses:	Tenant shall be responsible for any and all costs associated with utilities, maintenance, janitorial, and other services used or incurred during the lease term.
Tenant Improvements:	Tenant shall receive up to six months rent abatement as consideration for the property improvements completed by tenant including full build out of the shell space.
Security Deposit:	Tenant shall pay a security deposit equal to one full month's Minimum Annual Rent (CAM Expenses and Rental Tax) to be applied to the first full month following the rent commencement date.
Signage:	Tenant shall be allowed maximum signage in accordance with City of Phoenix Sign Codes. Signage, installation, and maintenance to be paid by tenant. All signage to be approved by the Parks and Recreation Department.

Insurance:	Lease will contain insurance and indemnity provisions acceptable to the City's Risk Management Division and the City Attorney.
Personal Guaranty:	Personal Guaranty of Corporate Owners
Parking:	None
Brokerage Commission:	Payment of rental commission to RBI for leasing commission of approximately $20,710 will be paid by the City.
Other:	The lease may contain such other terms and conditions deemed necessary or appropriate.

Further authorizing the City Controller to disburse funds as necessary.

Affirmative Action

The subject firm is eligible to do business with the City of Phoenix until June 5, 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 Parks and Recreation Director and the Deputy Finance Director.

This item is also recommended by Mr. Miller.

ITEM 140

DISTRICT 8

ORDINANCE S-36376 -

LEASE CITY-OWNED SPACE TO ADVOCATES FOR LATINO ARTS AND CULTURE AT 147 EAST ADAMS STREET

Request to authorize the City Manager, or his designee, to negotiate and enter into a lease agreement and other necessary documents with Advocates for Latino Arts and Culture Consortium, Inc. (ALAC) to lease approximately 5,358 square feet of interior retail space and approximately 2,756 square of storage space on the ground floor of the Regency Garage located at 147 East Adams Street for a Latino Arts and Cultural Center, which will provide performances, art exhibitions, workshop classes, a gift shop, and a coffee bar.

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

Lease Term:	Three years
Options:	Two, three-year options with 120 days written notice from tenant and approval of the City.
Cancellation:	Arizona Revised Statutes, Section 38-511. Additionally, either party during the term of the lease with 180 days written notice.
Rental Rate:	Tenant shall pay to Landlord as rent for the leased premises, without offset or deduction, the sum of $10 per year, plus applicable taxes. As additional consideration for this lease, tenant agrees to provide free admission to the Latino Arts and Cultural Center for groups of Phoenix elementary and high school students from school districts which have high attendance of economically disadvantaged students, when accompanied by school officials, and to provide educational workshops for the same population either free or at reduced rates.
Utilities:	ALAC will be provided 6 months utilities at 50 percent of the utility expense. After that date, utilities will be billed at 100 percent of the utility cost.
Security Deposit:	City will maintain $3,000 security deposit for use of the premises.
Insurance and Indemnity:	The lease will contain insurance and indemnity provisions acceptable to the City's Risk Management Division and the City Attorney.
Tenant Improvements:	Tenant will be responsible, at its sole expense, to develop and implement the renovation plan providing enhancements to the interior space. Improvements must be approved by the City.
Maintenance/Repairs:	Tenant shall be responsible for any and all costs associated with utilities, maintenance, janitorial, internet, telephone, and other services used or incurred during the lease term including signage.

Parking:

Tenant shall pay prevailing public parking rates for up to three parking cards for the Regency Garage. Tenant may purchase event tickets for the garage at prevailing rates.

Tenant Improvement Allowance:

Tenant will be provided 120 days from signing of lease to prepare the space for their usage with no utility expense in lieu of a tenant improvement allowance.

Other:

The lease may contain such other terms and conditions deemed necessary or appropriate by the City.

Affirmative Action

The subject firm is eligible to do business with the City of Phoenix until November 6, 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 Interim Phoenix Convention Center Director, the Deputy Finance Director, and the Arts and Culture Administrator.

This item is also recommended by Mr. Krietor and Ms. Osuna.

ITEM 141

DISTRICT 8

ORDINANCE S-36377 -

CONVEY CITY-OWNED LAND BY DIRECT SALE TO SRP

Request to authorize the City Manager, or his designee, to convey to Salt River Project (SRP), by direct sale, a portion of City-owned land located at 48th Street south of the Grand Canal, comprised of approximately 13,503 square feet. The conveyance is necessary to cure the encroachment of a joint head drain. This sale is contingent upon Federal Transit Administration (FTA) approval of the transaction.

The sale price shall be $43,940; the amount paid by Public Transit for the property when it was acquired in 2005.

Title will be conveyed by Special Warranty Deed.

This bears the recommendation of the Public Transit Director and the Deputy Finance Director.

This item is also recommended by Mr. Zuercher.

ITEM 142

CITYWIDE

ORDINANCE S-36378 -

ACQUISITION OF IMPROVED AND VACANT PROPERTIES FOR NEIGHBORHOOD INITIATIVE AND OTHER TARGET AREAS

Request to authorize the City Manager, or his designee, to acquire fee title or lesser interest by voluntary sale and purchase, and not through the exercise of eminent domain, in all or portions of improved or vacant parcels of land located within the Neighborhood Initiative Areas, the Redevelopment Areas, the Rental Renaissance Program areas, and the West Phoenix Revitalization Area.

The properties to be acquired under this ordinance meet the criteria established for each Area and Program, thereby, making the properties eligible for acquisition under the authority of this ordinance. Approval of this ordinance allows the City to quickly respond to market conditions. Further, acquisitions will be strategic including foreclosed, vacant, or abandoned property acquisitions in conjunction with or complementary to the Neighborhood Stabilization Program, other stimulus funded programs, and the Neighborhood Services Department's revitalization activities which help maintain the areas' homeownership levels and minimize blight.

The subject areas and programs are listed below:

Neighborhood Initiative Areas (NIA): Areas that are in need of comprehensive revitalization and economic development, specifically:
●	Garfield - established by City Council Report (CCR) Report 75521, adopted March 1995.
●	Isaac - established by CCR Report 75521, adopted March 1995.
●	South Phoenix Village - established by CCR Report 75521, adopted March 1995.
●	Village Center - established by CCR Report 75521, adopted March 1995.

Redevelopment Areas (RA): Areas that are in need of comprehensive physical and economic revitalization, specifically:
●	Eastlake Park - established by Resolution 17326, adopted July 1988, amended in Resolution 17653, adopted February 1990.
●	Special - established by Resolution 15623, adopted May 1981, amended in Resolution 15759, adopted October 1981.
●	Garfield - established by Resolution 19231, adopted March 1999.
●	Government Mall - established by Resolution 16709, adopted October 1985, amended in Resolution 16993, adopted April 1987.
●	Isaac - established by Resolution 16810, adopted March 1986, expanded in 1998 by Resolution 19197.
●	South Phoenix - established by Resolution 17242 adopted March 1988/ Resolution 17613, adopted December 1989, amended in Resolution 19473 adopted June 2000 and in Resolution 19724, adopted November 2001.
●	Target Area B - established January 1980, amended February 1981, January 1985, March 1987, June 1988, October 1998, July 2003, and November 2004 (Findings adopted November 1979 and August 1998).
●	Resolutions - 15286, 15313, 15575, 16510, 16985, 17294, 19136, 19168, 19968, and 20170.
●	Target Area F - established by Resolution 15287, adopted November 1979, amended in Resolution 15314, adopted January 1980.

Rental Renaissance Program (RRP): A program established to address neighborhood problems of crime and blight associated with rental housing, specifically:
●	Palomino - established by Ordinance S-24595, adopted July 1997.
●	Westwood - established by Ordinance S-24595, adopted July 1997.

West Phoenix Revitalization Area (WPRA): An area established by Resolution 155001, adopted November 2004, to address West Phoenix issues by partnering with residents to assess needs and set priorities, by increasing the level of City services, and by developing and evaluating long-term revitalization programs.

Further requesting authorization to enter into short-term protective leases to minimize relocation costs and temporary occupancy agreements to allow occupants time to relocate, as may be necessary to, and in furtherance of, this ordinance.

Acquisition is to be by voluntary purchase within the appraised value or by agreement arrived at through formal mediation and determined by the City Manager to be reasonable under the circumstances. Mediation services will be arranged by the Neighborhood Services Department and the mediators will be acceptable to all concerned parties.

Further au

Official Web Site of the City of Phoenix

Phoenix - All America City - 2009