NOTICE AND AGENDA SPECIAL TOWN COUNCIL MEETING TOWN OF CAVE CREEK, ARIZONA MONDAY, AUGUST 22, 2016

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1 Americans with Disabilities Act Notification: In accordance with the Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act of 1973 (Section 504), the Town of Cave Creek does not discriminate on the basis of disability in the admission of or access to, or treatment or employment in, its programs, activities, or services. For information regarding rights and provisions of the ADA or Section 504, or to request reasonable accommodations for participation in Town programs, activities, or services contact the Town Clerk, N. Cave Creek Rd., Cave Creek, AZ 85331; (480) NOTICE AND AGENDA SPECIAL TOWN COUNCIL MEETING TOWN OF CAVE CREEK, ARIZONA MONDAY, AUGUST 22, 2016 PLEASE NOTE: AN AUDIO RECORDING OF THE TOWN COUNCIL MEETING WILL BE AVAILABLE ONLINE WITHIN THREE BUSINESS DAYS OF THE MEETING. The Town Council may recess the public meeting and convene in Executive Session for the purpose of discussion or consultation for legal advice with the Town Attorney regarding any item listed on this agenda pursuant to A.R.S (A)(3). The Chair reserves the right, with the consent of Council, to take items on the agenda out of order. CALL TO ORDER 6:00 P.M. Vincent Francia, Mayor, N. Cave Creek Road, Cave Creek, AZ. ROLL CALL Mayor Vincent Francia, Vice Mayor Steve LaMar, Council Members Ernie Bunch, Susan Clancy, Dick Esser, John Ford and Thomas McGuire. (one or more members may attend by technological means) Page EXECUTIVE SESSION 1. An Executive Session will be held during the Special Council Session for legal matters pursuant to A.R.S. Section (A)(3) and (4) as follows: Page 1 of 12

2 Page EXECUTIVE SESSION EXECUTIVE SESSION AGENDA 1. Discussion and consultation for legal advice with the attorney regarding a Reimbursement Agreement with the Cahava Springs Revitalization District ( District ). A.R.S (A)(3) and (4). A.R.S (A)(3) and (4). THE PUBLIC SESSION WILL CONVENE AT 7:00 PM. PLEDGE OF ALLEGIANCE PUBLIC ANNOUNCEMENTS CALL TO THE PUBLIC ACTION ITEMS: A. GENERAL AGENDA ITEMS 5 1. COUNCIL DISCUSSION AND MOTION TO APPROVE TO AMENDING THE FISCAL YEAR BUDGET BY TRANSFERRING APPROPRIATIONS BY THE FOLLOWING AMOUNT: FROM THE GENERAL FUND CONTINGENCY DEPARTMENT - CONTINGENCY ( ) IN THE AMOUNT OF $123,000, TO THE GENERAL FUND ATTORNEY DEPARTMENT PROFESSIONAL SERVICES ( ) IN THE AMOUNT OF $123,000. Placed on the agenda by the Finance Department, Town of Cave Creek. Public Comment Council Action Needed: Motion to approve to amending the Fiscal Year budget by transferring appropriations by the following amount: from the General Fund Contingency Department - Contingency ( ) in the amount of $123,000, to the General Fund Attorney Department Professional Services ( ) in the amount of $123,000. Page 2 of 12

3 Page 6-7 A. GENERAL AGENDA ITEMS 2. COUNCIL DISCUSSION AND CONSIDERATION OF A CONCEPT PLAN FOR WATER SERVICE RELATED TO THE 24TH STREET AND CLOUD ROAD WATER MAIN PROJECT. Presented by the Town Manager and Town Attorney, Town of Cave Creek. Public Comment Council Action Needed: No Action will be taken on this item COUNCIL DISCUSSION AND MOTION TO APPROVE EXPENDITURE TO MARKHAM CONTRACTING CO., INC. FOR THE 24TH STREET AND CLOUD ROAD WATER MAIN CAHAVA SPRINGS PROJECT FOR WATER SYSTEM IMPROVEMENTS, CHLORINATION AND TESTING IN THE AMOUNT UP TO $228,000 DOLLARS. Placed on the agenda by the Town Manager, Town of Cave Creek. Public Comment: Council Action Needed: Motion to approve an expenditure to Markham Contracting Co., Inc. for the 24th street and Cloud Road water main Cahava Springs project for water system improvements, chlorination and testing in the amount up to $228,000 dollars COUNCIL DISCUSSION AND MOTION TO AMEND THE FISCAL YEAR BUDGET BY TRANSFERRING APPROPRIATIONS BY THE FOLLOWING AMOUNT: FROM THE GENERAL FUND CONTINGENCY DEPARTMENT - CONTINGENCY ( ) TO THE CAVE CREEK WATER SYSTEM IMPROVEMENTS ( ) IN THE AMOUNT OF UP TO $228,000. Placed on the agenda by the Finance Department, Town of Cave Creek. Page 3 of 12

4 Page A. GENERAL AGENDA ITEMS Public Comment Council Action Needed: Motion to approve amending the Fiscal Year budget by transferring appropriations by the following amount: from the General Fund Contingency Department - Contingency ( ) in the amount of $228,000, to the Cave Creek Water System-Improvements ( ) in the amount of up to $228,000. COUNCIL REQUESTS FOR FUTURE AGENDA ITEMS. ADJOURNMENT POSTED THIS day of August, 2016 BY: Carrie A. Dyrek, Town Clerk Page 4 of 12

5 Memorandum To: CC: Mayor and Council Peter Jankowski-Town Manager, Carrie Dyrek-Town Clerk, From: Robert Weddigen-Finance Director Date: 8/16/2016 Re: FY Budget Amendment. This budget appropriation transfer is needed to complement action taken by the Council on September 22, 2015 to approve the payment of funds for an amount of $300,000 to Martin & Bonnett PLLC paid to settle case CV , Abujbarah V. Town of Cave Creek. Although the amount paid was $300,000 the Attorney Department only exceeded it s FY2016 budget by approximately $123,000, so the amount being requested to transfer from Contingency is $123,000. A1. COUNCIL DISCUSSION AND MOTION TO Page 5 of 12

6 Concept Plan-- Water Service Related to 24 th Street & Cloud Water Main 1. In order to provide increase water capacity and to provide increased water pressure for existing and future real property owners in the area described on Exhibit A (collectively, the Northern Area Property Owners ), and in order to meet future development needs, the Town will undertake the following action plan. 2. Town will fund a CM@Risk construction services agreement to maintain and repair Town owned water lines and accompanying facilities, including a vault for certain waterline components, south of the Joy Ranch backflow. The costs to undertake these maintenance and capital repairs are referred to as the Southern Area Project Costs. 3. Town and Cahava Springs Development Corporation ( Developer ) will enter into a lease (the Northern Area Lease ) whereby the Town leases the water line (the Northern Area Water Line ) owned by the Developer located north of the Joy Ranch backflow and extending to a point along Bridge Road, just west of 32 nd Street. a. In connection with the Northern Area Lease and under a separate agreement, the Developer will dedicate a portion of the waterline located as depicted on Exhibit B (the Northern Area Dedicated Line ). b. The Town has inspected and approved the Northern Area Dedicated Line. c. Also under the Northern Area Lease, the Town will conduct pressure tests, will chlorinate and will activate the Northern Area Water Line in order to serve the Northern Area Property Owners. d. Once activated, the Town will make water in the Northern Area Water Line available to the Northern Area Property Owners. e. The Developer will dedicate the Northern Area Water Line to the Town when the Cahava Springs bonds are issued. 4. The Town and the Cahava Springs Revitalization District ( District ) will enter into an IGA whereby the District would reimburse the Town for the Southern Area Project Costs and the Northern Area Project Costs. A2. COUNCIL DISCUSSION AND CONSIDERATION OF Page 6 of 12

7 A2. COUNCIL DISCUSSION AND CONSIDERATION OF Page 7 of 12

22820 North 19th Avenue, Phoenix, Arizona 85027 www.markhamcontracting.

mbronska@greatcompainesllc.com Dear Michael, Markham Contracting Co., Inc. (MCCI) is pleased to submit this proposal on the above referenced project.

8 22820 North 19th Avenue, Phoenix, Arizona August 18, 2016 Great Companies, LLC 4148 North Arcadia Drive Phoenix, Arizona Attn: RE: Michael Bronska 24th Street & Cloud Water Main - Cahava Springs via mbronska@greatcompainesllc.com Dear Michael, Markham Contracting Co., Inc. (MCCI) is pleased to submit this proposal on the above referenced project. Please find attached our proposed inclusions with related notes, exclusions, and general notes, plus our Exhibit A. We appreciate the opportunity to participate in your bid process. If you have any questions or wish additional information, please contact me. Sincerely, Markham Contracting Co., Inc. Eric Simms Estimator Phoenix I Tucson I Flagstaff AZ# ROC A I AZ# ROC B-4 I NV# A I NM# I CA# A 8/18/20163:15 PM A3. COUNCIL DISCUSSION AND MOTION TO Page 8 of 12

9 Markham Contracting Co., Inc N. 19th Avenue Phoenix, Arizona (623) Fax: (623) AZ License # ROC A, ROC B-04 Project: 24th Street & Cloud Water Main - Cahava Springs August 18, 2016 Description Quantity / Unit Unit Price Extended Price Water System 1 Pothole Existing/Connection Points 1 LS $2, $2, Connect to Existing 4 EA $1, $4, " Gate Valves 4 EA $4, $17, " C900 DR LF $54.75 $40, Remove Existing 8" Waterline 14 LF $19.15 $ Fire Hydrant 1 EA $4, $4, " X 8" Tapping Sleeve/VB&C 1 EA $3, $3, Remove/Restore Driveways 3 EA $5, $17, Pavement Patch 34 SY $80.75 $2, Replace 3" and 4" " PRV 1 LS $20, $20, " Backflow Preventer 1 LS $8, $8, Remove/Restore Grade 1 LS $5, $5, Water System Total $126, Chlorination and Testing 1 Set Up Injection Point 1 $2, $2, Install 12" Gate Saddle Mountain 1 $4, $4, Pressure Test 12" Water Main 12,100 $0.85 $10, Chlorinate System 12,100 $2.45 $29, " Tie Joy Ranch Road 1 $2, $2, Install & Remove Test Points 14 $ $4, Chlorination & Testing Total $53, General Conditions 1 Mobilization 1 LS $3, $3, Survey 1 LS $2, $2, SWWP Implementation 1 LS $2, $2, Compaction Testing 1 LS $2, $2, Traffic Control 1 LS $5, $5, Permits 1 LS $4, $4, Construction Water 1 LS $2, $2, OH&P 1 LS $33, $33, General Conditions Total $56, Add Alternate 1 Slurry Backfill/Haul off of excess material 1 LS $20, $20, By Pass System for the PRV 1 LS $25, $25, Add Alternate Total $45, Wet Utility Notes: Prices are based on materials prices quoted through the date shown on the right. In order to hold our prices firm, Markham has to 12/31/2016 commit to our suppliers with purchase orders by that date. Water samples and tests are to be accomplished by the Town of Cave Creek Markham Contracting will set up injection and sampling locations, chlorinate the system to chlorine, blow off the high chlorine and coordinate final bacteria samples with the water company.if the town chooses not to test and asks us to it is an additional $500. The Price for the PRV was based off temporarily shutting down the line. On sheet 2 of the plans it is noted to coordinate with the Cave Creek Utilities Department for Specifications and details for instalation. I called and left Dennis Charles a message and an on 8/8/2016 with no respone in an attempt to get direction. I also called and left a message on 8/18/2016 with no response. Price includes the city required changing out of the 4" Backflow Preventer at Joy Ranch Road to an 8" Backflow preventer. Price includes the items specifcally included in the proposal only and may not ensure that the system is operable. Prices are based on using ABC for Bedding and Shading to 1' above the pipe, then using unscreened native soils for backfill. Water and Sewer tests are included to attain initial acceptance. Any subsequent retesting required would be an additional cost. MCCI is not responsible for conflicts between existing utilities and the proposed utilities. Bid assumes that the plans provide for the required minimum separation between water and sewer. Pricing Summary Water System Total Chlorination & Testing Total General Conditions Add Alternate Contigency 3% $126, $53, $56, $45, $8, /18/2016 3:15 PM A3. COUNCIL DISCUSSION AND MOTION TO Page 9 of 12

10 Project: 24th Street & Cloud Water Main - Cahava Springs August 18, 2016 Bond $2, Subtotal Sales Tax Factored Rate % Proposal Grand Total $293, $21, $314, Project Exclusions Excludes City of Cave Creek permits. Repairs to the existing water system if needed. It is assumed the existing water system is operable. If repairs are needed work to be completed by negotiated change order. Slurry is included in the areas called out on the plans. Any additional slurry required outside 5' of the edge of paving is not included. Soils Report, Specification Book,and Architectural/Structural Plans. General Notes and Conditions This proposal must be accepted within the number of calendar days shown on the right or be subject to renegotiation and reevaluation. 28 If a Blanket Waiver of Subrogation is required, an additional cost of $2, will be required for this coverage. Customer shall be responsible for compliance with Maricopa County air pollution regulations at the site. MCCI will provide dust control for our operations only. Markham Contracting reserves the right to negotiate contract language. Bid is based on obtaining construction water from existing onsite hydrants in adequate volumes to maintain estimated productions and dust control for our work during normal working hours. This proposal is a Lump Sum proposal. Quantities and Unit Prices are shown for comparison and Additive change order purposes. Deductive change orders to be negotiated. All Change Orders are subject to 15% Markup for Overhead and Profit. MCCI cannot assume responsibility for uncompacted utility trenches installed by others or getting acceptance of our compaction over those trenches. MCCI cannot assume responsibility for damage to pipe installed without the appropriate amount of cover. MCCI is not responsible for interpreting or resolving conflicts between the construction plans and the requirements of the agency governing acceptance. 3 8/18/2016 3:15 PM A3. COUNCIL DISCUSSION AND MOTION TO Page 10 of 12

11 EXHIBIT A Project: 24th Street & Cloud Water Main - Cahava Springs I. II. III. IV. Proposal, Prices, and Modification Conditions. A. Our price is based solely on the dated drawings, specifications, and other bid documents as listed below: 1 Preliminary Plans by Hoskin/Ryan Consultants, Inc. received No Soils Report Provided. B. Information and prices in this proposal supersedes any previously submitted. MCCI reserves the right to modify our price and/or terms to reflect adjustments resulting from verbal and the continuous review of plans and specifications prior to point of financial reliance and/or an executed contract. C. This bid, including any such modifications, shall remain effective and will not be further modified or withdrawn for thirty (30) days (or as may be otherwise stated in the proposal) from the bid submission date unless we are notified that our bid was not relied upon, or we are asked to modify our bid, whichever occurs first. D. This bid is based on the condition that the Firm utilized to perform the Geotechnical Investigation (soils report) at bid time will be used to perform the onsite testing during construction. E. If the existing topography shown on the plans is done by aerial analysis or is outdated, prices will be subject to change after verification of field staking. F. If the Earthwork for this project is awarded to MCCI, and the bid is based on field balancing the site, the Customer is realizing the financial benefit of acceptance of such a bid. Therefore, the customer understands and accepts the risks and responsibilities associated with said acceptance. MCCI may provide suggestions and calculations to assist in attaining the balance objective, however, the ultimate responsibility rests with the Customer. Unless noted otherwise, no provisions or allowance have been included in this proposal for additional costs associated with attempting to balance the site (i.e. double handling soils, re-grading, re-staking, re-engineering, etc.). MCCI cannot assume liability for final design. G. This proposal is based solely and specifically on information noted in plans and specifications as listed above. No allowances have been made for implied or municipality requested modifications. H. Unless noted otherwise, this proposal is based on the assumption that there is an adequate water supply and pressure on the site to satisfy the requirements of our construction and dust control efforts. Any cost related to addressing inadequate construction water supply would be considered an addition to our proposed amount. I. Unless noted otherwise, prices are based on labor and equipment (except fuel) rates which are good through , at which time prices are subject to escalation. Due to current market conditions, prices are based on current cost of diesel fuel at time of bid. Any upward fluctuation of $0.20 or more will require renegotiation. J. Unless noted otherwise in this proposal, prices are based on materials quotations guaranteed through at which time prices are subject to escalation. Any material escalation change orders to contain markup as allowed by industry standards and/or negotiated contract. K. If this bid is being submitted for an apartment complex, it is based on the project being a "For Rent" facility. Individual ownership was not part of the preparation of this proposal. MCCI assumes no responsibility or liability for a change in project intent. Payment Conditions A. This proposal is based on the condition that we shall receive payment for the value of work performed and/or materials delivered in accordance with Arizona Prompt Pay Statutes. B. Payments can only be withheld to the extent that the Owner is withholding payment for MCCI's work and that which can be substantiated by MCCI. Retention shall be reduced or eliminated upon substantial completion of our work. C. Retention shall not exceed the percentage actually withheld by the Owner for MCCI's work. D. Sales Tax will be added to all invoices, unless proof or prime contractor status form is provided to MCCI. Contract Documents, Insurance, and Indemnification Conditions A. Contract or Subcontract to be executed on ConsensusDOCS 200 or ConsensusDOCS 750 as applicable. If MCCI and Customer have a previously agreed upon contract with MCCI initiated modifications, this proposal is based on being permitted to making similar modifications with "normal" variations to said modifications being permitted to reflect evolution of law, policy, and/or market conditions, etc. B. Prior to the final execution of the contract, it is agreed that MCCI and Client will agree to mutually acceptable insurance and indemnification language or this proposal will be considered void without penalty. General Information Notes and Conditions A. Blue Stake is requesting a grading and drainage permit number prior to them locating any public utilities. In order to perform our work in a timely manner, MCCI will need this permit number at least 3 working days prior to mobilization. B. Due to intensified dust restrictions and/or policies regarding construction sites, it is important that the Firm(s) in charge of the project provide some contingency for insuring that random traffic utilizes the Stabilized Construction Entrance(s) shown on the SWPPP plan, and that dust control is maintained throughout the life of the project. C. MCCI shall not be liable for the coordination of or the supplying of labor, equipment and material necessary to adjust manholes provided by any public utility agency. Rev 8/18/2016 A3. COUNCIL DISCUSSION AND MOTION TO Page 11 of 12

12 Memo * Town of Cave Creek To: From: Mayor & Town Council Peter Jankowski Date: 8/18/2016 Re: Cahava Springs Impingement Project Funding The FY2017 Budget does not specifically provide funding for the Cahava Springs Impingement Project, with an estimated cost of $ 227, (Markham, August 10, 2016). The two water utilities improvement budgets are: Desert Hill $ 203,000 Cave Creek $ 300,000 But these funds are earmarked for work in their respective water systems. The Town s contingency fund balance is $443,500 I recommend funding the impingement project from the contingency fund. Additionally, if the proposed IGA with the Cahava Springs Revitalization District ( District ) is approved, the IGA would require the District to reimburse the Town for the Impingement project costs. A4. COUNCIL DISCUSSION AND MOTION TO AMEND Page 12 of 12

NOTICE AND AGENDA REGULAR TOWN COUNCIL MEETING TOWN OF CAVE CREEK, ARIZONA MONDAY, JUNE 4, 2012

NOTICE AND AGENDA REGULAR TOWN COUNCIL MEETING TOWN OF CAVE CREEK, ARIZONA MONDAY, JUNE 4, 2012 Americans with Disabilities Act Notification: In accordance with the Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act of 1973 (Section 504), the Town of Cave Creek does not