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HomeMy WebLinkAbout2010 02.16 City Council Regular Agenda“R^^EST TO SPEAK”FORM IF YOU WISH TO ADof^l PUBLIC OR ON ANY NON-PUBLIC HEARING ITEM. PLEASE FILL OUT A S THE COUNCIL AT CALL TO THE City ofApache ]unction Home of the Superstition Mountains APACHE JUNCTION CITY COUNCIL CITY COUNCIL CHAMBERS 300 EAST SUPERSTITION BOULEVARD APACHE JUNCTION,ARIZONA 85219n REGULAR MEETING AGENDA February 16,2010 7:00 PM .’I Jli.l.'-f..'■".ar kV '•■a*j JT -m-' A.CALL TO ORDER. B.INVOCATION AND PLEDGE OF ALLEGIANCE. C.ROLL CALL. D.CONSENT AGENDA. The Council may,at this time,take single action on any or ali items iisted as consent agenda items.These items may inciude,but are not limited to,acceptance of agenda,acceptance of minutes,appointments;acceptance of resignations and adoption of certain resolutions and other items which do not require a public hearing.The Consent Agenda is a timesaving device of which the Mayor and City Council is.to receive documentation on these items from the City Manager for their review prior to the meeting.Any member of the Councii may remove anyitemfromtheConsentAgendafordiscussionandcauseaseparatevoteonthematteriaterintheagenda. Acceptance of Agenda.1. 2.Approval of Minutes of Regular Meeting of February 2,2010. 3.Consideration of award of bid for Project PW 2009-03 to M R Tanner Development and Construction for DelawareDriveImprovementsinanamountnottoexceed$186,147.50. Project PW 2009-03,improvements for Delaware Drive from Apache Trail to Superstition Bouievard was opened January 6,2010. Twenty-three bids,including base and alternative,were received,ranging from $169,225;00 to $361,806.00. Staff recommends award of bid PW 2009-03 to M R Tanner Deveiopment and Construction for their bid in the amount of $169,225.00, plus 10%contingency for a total of $186,147.50. Consideration of approval of the purchase of two replacement Ford Crown Victoria patrol vehicles from Five Star Ford in an amount not to exceed $51,451.68. Staff respectfully requests City Council approval to purchase two (2)Ford Crown Victorias from State Contract No.P7B/SCC070008-2 through Five Star Ford for an amount not to exceed $51,451.68 including .tax as repiacement vehicies to be used by the Poiice Department's Patrol Division. 4. E.AWARDS,PRESENTATIONS AND PROCLAMATIONS. Awards,presentations from other organizations,proclamations issued by the mayor,and acknowiedgement of distinguished guests and visitors,and staff presentation of receipt of grant or donated funds are permitted at this time. 5.PRESENTATION OF DONATION FOR THE CITY OF APACHE JUNCTION 4TH OF JULY FIREWORKS FROM PINAL COUNTY SUPERVISOR BRYAN MARTYN. Supervisor Martyn will be in attendance to present to the Mayor and Council a donation for fireworks for the 4th of Juiy. F-ANNOUNCEMENT OF CURRENT EVENTS. The Mayor or any member of Council may at this time present a brief summary of current events.However,no discussion shall take place on such items except for clarifying comments related to substance,time and location. G-CITY MANAGER’S REPORT.P)o The City Manager,members of City staff or those individuals designated by the Manager may present information pertinent to items under consideration or information related to the operation of the City.There shall however be no discussion at this time except for clarification inquiries. 6.MANAGER'S REPORT. H-PUBLIC HEARINGS. Public hearings required by applicable law shall be conducted by the Council and any person shall be given the opportunity to speak.All remarks shall be addressed to the Council as a whole and not to any member thereof.Such remarks shall be limited to five (5)minutes unless additional time is granted by the Mayor.This time limitation shall not apply to applicants and their agents appearing before the Council. APPLICATION FOR AN EXTENSION OF PREMISES FOR ELKS LODGE #2349. Elks Lodge #2349 is requesting a temporary extension of premises for Lost Dutchman Days on February 25 and 26,2010.The next step in the application process is a public hearing in front of the city council.The city council shall make a recommendation of approval or denial to be forwarded to the Arizona Department of Liquor Licenses and Control. 7. n 8.APPLICATION FOR AN EXTENSION OF PREMISES PERMIT FOR LA RAZA STEAKS AND RIBS. La Raza Steaks and Ribs is requesting a temporary extension of premises permit for February 20,2010.A public hearing in front of the city council is the next step in the process.The city council shall give a recommendation for approval or denial to be forwarded to the Arizona Department of Liquor Licenses and Control. 9.PUBLIC HEARING FOR APPEAL TO DEVELOPMENT FEE ORDINANCE. Ms Debbie Johnson is requesting that the required $9,508 Development Fee for a proposed manufactured home located at 554 N. Acacia be waived by the City Council.This appeal is authorized pursuant to AJCC,Vol.I.,Land Development Code.Chapter 7,Article 7-1,Development Fees.S 7-1-1 (ML Relief Procedures and Hearings. PRESENTATION AND CONSIDERATION OF ORDINANCE NO.1357,ADDING NEW SUBSECTION (K)TO APACHE JUNCTION CITY CODE,VOL.I,CHAPTER 4,FEES,ARTICLE 4-8,SECTION 4t8-1. Ordinance No.1357 will enact;T)a new municipal court supervised probation fee of $65 for individuals who are qualified and placed on supervised probation;2)a court monitoring fee of $50;3)a court verification fee of $50 for completion of court-ordered education, treatment and/or counseling;and 4)a $15 failure to appear fee for missed appointments with the court compliance officer.These fees are needed to offset the expenses for a court compliance officer which will in large part be paid for through a federal grant.The grant pays for the first two years of the employment related expenses,but year three must be provided by the City through the above-noted court fees. 10. OLD BUSINESS. The Council shall consider any business that has been previously considered and which is still unfinished to include those items previously postponed or tabled.No rnember of the public shall be permitted to speak on these items unless invited to do so by the Mayor after first submitting a written request-to-speak forrfi with the City Clerk. None. n NEW BUSINESS. The Council shall consider any business not yet considered.No member of the public shall be permitted to speak on these items unless invited to do so by the Mayor after first submitting a written request-to-speak form with the City Clerk. PROPOSED RESOLUTION NO.10-01 AUTHORIZING THE SUBMISSION OF AN ARIZONA DEPARTMENT OF ENVIRONMENTAL QUALITY GRANT APPLICATION. Staff respectfully requests that the City Council adopt Resolution No.10-01 which authorizes the submission of an Arizona Department of Environmental Quality State Response grant for $7,500.The grant will enable the City to conduct a Phase I and Phase II Environmental Site Assessment on a 240 ±acre plot of State Trust land.Further,the Resolution authorizes the City Manager,or his designee,to sign the application,contracts,and grant documents. 11. The site,a.portion of the Portalis development,is bounded by the Meridian Drive alignment to the west,Ironwood Road to the east,a Pinal county inciustrial island to the south (i.e.Houston Avenue)and Baseline Road to the north.Additionally,the Central Arizona Project canal bisects the eastern portion of the site. The City is interested in planning the site as a business park or a light industrial site. 12.PRESENTATION AND DISCUSSION ON THE EXPANSION OF THE CENTRAL ARIZONA COLLEGE CAMPUS. Presentation and discu/^^ next 30 years. PRESENTATION,DISCUSSION AND CONSIDERATION OF RESOLUTION NO.10-04 TO THE ARIZONASTATEPARKSBOARDSUPPORTINGCAPITALIMPROVEMENTSATLOSTDUTCHMANSTATEPARK. Resolution No.10-04 to the Arizona State Parks Board would support capital improvements at Lost Dutchman State Park. K.COUNCIL DIRECTION TO STAFF. This item aliows the Mayor and City Council to direct staff on specificaliy listed matters. COUNCIL DIRECTION TO STAFF ON THE EXTENSION OF THE .2%CITY SALES TAX. Council direction to staff on extending the .2%City saies tax to support City operations. L-SELECTION OF MEETING DATES,TIMES,LOCATIONS,AND PURPOSES: EXECUTIVE SESSION AT 5:45 P.M.AND WORK SESSION AT 7:00 P.M.FOR MONDAY,MARCH 1,2010. EXECUTIVE SESSION AT 5:45 P.M.FOR TUESDAY,MARCH 2,2010.OTHER MEETINGS IF NECESSARY. M.CALL TO PUBLIC. At this time the public has the priviiege to address the Councii with requests,communications,comments or suggestions reiating to Citybusinessthatarenotlistedontheagenda.Ali speakers must have aiready submitted a written “Request to Speak’’form to the City CierklaterthantheconclusionoftheCityManager’s Report portion of the agenda.If there is a group speaking on the same item,they should selectaspokesperson.All such remarks shall be addressed to the Counoil as a whole and not to any member thereof.The Mayor is authorized to askaspeakertostopspeakingandleavethepodiumortoadjournthemeetingifanyonebecomesdisorderly,uncivil,makes personal attackscontinuestospeakaboutitemsthatarenotwithinthejurisdictionofthecityafterbeingwarnedsuchissuesarebeyondthejurisdictionofthecitytoact.The Council may not answer questions of the speaker,discuss the matter with one another,but may,at the conciusion;1)respondtocriticismbyaspeaker;2)ask the City Manager to review a matter;3)ask the City Manager to place the matter on a future agenda.Eachspeakermustapproachthepodium,speak into the microphone,provide their name and address.There is a three (3)minute time iimit perspeaker. N.ADJOURNMENT. by John Irvin of Central Arizona Coiiege (CAC)a iity staff regarding CAC’s expansion pian over the 13. 14. n 15. 16. no or Copies of this agenda and additional information regarding any of the items iisted above may be obtained from the City Clerk’s office: 300 East Superstition Bouievard,Apache Junction,AZ Monday through Friday,8:00 a.m.to 5:00 p.m.,exciuding hoiidays if any person with a disability needs any type of accommodation,please notify the Human Resources Office,at (480)474-2617 or (480)983-0095 (TDD)at least 72 hours prior to the scheduled time. -n n CITY COUNCIL REGULAR MEETING FEBRUARY 2,2010 The regular meeting of the City Council of the City of Apache Junction,Arizona,was held on February 2,2010,at the Apache Junction City Council Chambers pursuant to the notice required by law.n CALL TO ORDER Mayor Insalaco called the meeting to order at 7:03 p.m. INVOCATION Councilmember Wilson gave the Invocation. PLEDGE OF ALLEGIANCE Councilmember Coleman led the Pledge of Allegiance. ROLL CALL Councilmembers Present:Mayor Insalaco Vice Mayor Eck Councilmember Barker Councilmember Coleman Councilmember Dietz Councilmember Serdy Councilmember Wilsonn staff Present:City Manager George Hoffman Assistant City Manager Bryant Powell City Clerk Kathleen Connelly City Attorney Joel Stern Public Safety Director Jerald Monahan Parks &Recreation Director Jeff Bell Public Works Director David Fern Economic Dev.Director Steve Filipowicz Others Present:Parks Superintendent Nick Blake Public Works Manager Shane Kiesow REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 2,2010 PAGE 1 OF 11 n n Library Manager Spencer Paden Supervisory Librarian Tracie Compton Facility Manager Jamie Sullivan Program Coordinator Heather Patel ACCEPTANCE OF CONSENT AGENDA ) )Councilmember Dietz MOVED THAT THE CONSENT AGENDA.BE ACCEPTED AS PRESENTED;AND nTHATROBERTMAYOBEAPPOINTEDTOTHELIBRARYBOARDOFTRUSTEES FOR A TERM TO EXPIRE ON OCTOBER 31,2011;AND THAT RESOLUTION NO.09-58,A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,APPROVING AN INTERGOVERNMENTAL AGREEMENT WITH PINAL COUNTY FOR REIMBURSEMENT OF OVERTIME AND EMPLOYMENT RELATED EXPENSES INCURRED PINAL COUNTY LOCAL LAW ENFORCEMENT AGENCY PARTICIPATION IN THE GOVERNOR'S OFFICE OF HIGHWAY SAFETY CONTRACT NO.2010-410-024 FOR THE HIGH VISIBILITY IMPAIRED DRIVING ENFORCEMENT APPROVED,AND DUE TO PROGRAM,BE THAT APPROVAL BE GIVEN FOR THE FIFTH AMENDMENT TO THE CABLE SYSTEM LICENSE AGREEMENT BETWEEN MEDIACOM AND THE CITY OF APACHE JUNCTION FOR A TEMPORARY EXTENSION FOR ADDITIONAL NEGOTIATIONS TO EXTEND THROUGH APRIL 6, FOR THE MAYOR TO SIGN THE AGREEMENT. 2010;AND THAT AUTHORIZATION BE GIVEN Councilmember Barker SECONDED THE MOTION. VOTE:Unanimous. nThemotioncarried. AWARDS,PRESENTATIONS AND COMMUNICATIONS Public Works Director David Fern gave a small presentationthe25-year Hansen. on service award to Administrative Assistant Theryn Mayor Insalaco presented her with a shadow box representing her interests. Gary Mulholland of the Superstition Mountain Promotional Corporation presented Parks and Recreation Director Jeff Bell REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 2,2010 PAGE 2 OF 11 n with a $10,500 check to pay for the Halloween Festival,Easter Egg Hunt,Holiday and Christmas Event and Superstition Sleepover. organization has done for the community through Lost Dutchman Days proceeds. Mr.Gary Mulholland gave a brief update on what his Public Works Director David Fern and Mayor Insalaco presented Certificates of Appreciation to Adopt a Street participants. ANNOUNCEMENT OF CURRENT EVENTS Councilmember Wilson presented a short video on the Black Stallion Literacy Program and announced that first touch will be at Desert Vista Elementary School on February .4 at 8:30 a.m.and second touch will be on April 16 at the rodeo grounds. Councilmember Coleman announced the Boys Scouts of America will be celebrating their 100th Anniversary on February 10. are many scout projects up at Lost Dutchman State Park. There Mayor Insalaco announced American Cancer Society's Relay for Life will take place April 24 and 25 at Apache Junction High School. CITY MANAGER'S REPORT City Manager George Hoffman commented there would be two more presentations on partnerships and volunteers working for the city and then he would have a budgetary issue to address. Supervisory Librarian Tracie Compton gave a brief Powerpoint presentation on utilization of volunteers at the library. Parks Superintendent Nick Blake and Facility Manager Jamie Sullivan gave a Powerpoint presentation on the utilization of volunteers in the parks and recreation department and their partnerships with different organizations. Parks and Recreation Director Jeff Bell commented on the reduced costs,legal issues and reliability involved with volunteers. City Manager George Hoffman commented volunteer activity is not limited to these departments,but these have provided a good REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 2,2010 PAGE 3 OF 11 n n overview, services in these hard economic times.They are crucial to the city being able to provide He would like them to He wouldstartthinkingaboutthebudgetfornextfiscal like their direction year. in a few weeks on a fundamental policyissuethatwillstronglyinfluencethebalancedbudgethewill bring back to them.He summarized what he believes is on the horizon for revenues, date,highlighted steps to generate policy option of extending the .2%sales tax that was to sunset in September 2010. reviewed the expenditure reductions to revenue,and suggested a n Mayor Insalaco called for a ten minute break. Mayor Insalaco reconvened the meeting. PUBLIC HEARINGS APPLICATION FOR A TEMPORARY EXTENSION OF PREMISES FOR THE HITCHING POST PIZZA PUB )City Clerk Kathleen Connelly briefed the council on the item. Mayor Insalaco requested the The applicant was not present.applicant address the council. Councilmember Barker requested the information from the planning department be relayed to the applicant. City Clerk Kathleen Connellystatedshebelievedhehasalreadybeennotifiedbutshewill check on that. n Mayor Insalaco opened the There being no one wishing topublichearingontheitem, speak,he closed the public hearing and reopened the item to council discussion.There being no discussion,he called for a motion. Councilmember Barker MOVED THAT THE APPLICATION FOR A TEMPORARY EXTENSION OF PREMISES PERMIT FOR THE HITCHING POST PIZZA PUB,SUBMITTED BY MEHMOOD REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 2,2010 PAGE 4 OF 11 nn MOHIUDDIN,BE RECOMMENDED FOR APPROVAL TO THE ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL. Vice Mayor Eck SECONDED THE MOTION. VOTE:Unanimous. n The motion carried. APPLICATION FOR A NEW LICENSE, SERIES 14 LIQUOR LICENSE FOR LAWRENCE C.GARRETT VETERANS OF FOREIGN WARS (VFW)POST #7968 City Clerk Kathleen Connelly briefed the council on the item. Mayor Insalaco requested the applicant address the council. Mr.Frank Page addressed the council.He stated they are moving into the old Famous Sam's. They have been thinking about having a place where they could grow for the last 12 years and call home.Their numbers have increased tremendously.'He thinks they have been a good asset to the city over the years with their youth programs and everything else they have done.He requested approval of their application. Vice Mayor Eck commented he thinks they have a great location and good building, a lot farther away from where they were at. It is notn Mayor Insalaco opened the There being no one wishing topublichearingontheitem, speak,he closed the public hearing and reopened the item to council discussion.There being no discussion,he called for a motion. Councilmember Dietz MOVED THAT THE APPLICATION FOR A NEW LICENSE,CLUB,SERIES 14 LIQUOR LICENSE FOR LAWRENCE C.GARRETT VETERANS OF FOREIGN WARS POST REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 2,2010 PAGE 5 OF 11 n n #7968,SUBMITTED BY MIKE FERGUSON,BE RECOMMENDED FOR APPROVAL TO THE ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL. Councilmember Barker SECONDED THE MOTION. VOTE:Unanimous. The motion carried.n APPLICATION FOR A BINGO LICENSE FOR VFW POST #7968 ) City Clerk Kathleen Connelly briefed the council on the item'l Mayor Insalaco requested the The applicant had nothing to He then opened the public hearing on the item. applicant address the council, add.There being no one wishing to speak,he closed the public hearing and reopened the item to council discussion.There being no discussion,he called for a motion. Councilmember Barker MOVED THAT THE APPLICATION FOR A BINGO LICENSE FOR VFW POST #7968, SUBMITTED BY MIKE FERGUSON,BE RECOMMENDED FOR APPROVAL TO THE ARIZONA DEPARTMENT OF REVENUE,BINGO SECTION. Councilmember Wilson SECONDED THE MOTION. VOTE:Unanimous. n The motion carried. Councilmember Dietz commented they had changed their bingo times from 8:00 p.m.to 4:00 p.m. City Clerk Kathleen Connellystatedtheyhaveneverhadbingobefore. Councilmember Dietz asked if it is at 4:00 p.m. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 2,2010 PAGE 6 OF 11 n n Mr.Mike Ferguson stated it is at 3:00 p.m.on Monday and 4:00 p.m.on Thursday. RESOLUTION NO.09-60,AUTHORIZING THE SUBMISSION OF APPLICATIONS FOR FY 2010 STATE COMMUNITY DEVELOPMENT BLOCK GRANT REGIONAL ACCOUNT AND FY 2009 STATE SPECIAL PROJECTS FUNDS/RESOLUTION NO.09-62, COMMITTING LOCAL FUNDS AS LEVERAGE FOR FY 2009 STATE SPECIAL PROJECTS APPLICATION Program Coordinator Heather Patel briefed the council on the item. Councilmember Barker commented she had done a good job keeping them apprised of these proj ects. Mayor Insalaco opened the public hearing on the item. Mr.Elliott Fisher,547 E. Quail,Apache Junction,addressed the council.He commented these community development block grants have specific rules, and they have to abide by certain public hearings,of which this should comply,and nondiscrimination,all the usual government expected items.He commented on another gentleman having his owner-occupied housing application discriminated against and hoped it would not happen in the future.He has noticed there have been very difficult negotiations in city programs and activities and he hopes it is not discrimination.He warned them to keep the public hearings open.There is a tendency to cut people off at Call to the Public. Mayor Insalaco stated he thought he was off the subject. Mr.Elliott Fisher commented this is about community development block grants and their rules. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 2,2010 PAGE 7 OF 11 n n Mayor Insalaco stated he isgoingoffthesubject. Mr.Elliott Fisher then satdown. Mayor Insalaco closed thepublichearingwithnooneelsewishingtospeak,the item to council discussion, called for a motion. He reopened There being no discussion,he n Councilmember Coleman MOVED THAT RESOLUTION NO.09-60,A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,SUBMISSION OF APPLICATION(S)FOR FY 2010 STATE COMMUNITY DEVELOPMENT BLOCK GRANT REGIONAL ACCOUNT ("CDBG RA"),STATE SPECIAL PROJECT ("SSP")FUNDS,AND CERTIFYING THAT THE APPLICATION(S): DEVELOPMENT NEEDS;AND (2)IS NECESSARY FOR IMPLEMENTATION AND COMPLETION OF THE ACTIVITIES OUTLINED IN THE CDBG RA APPLICATION(S),BE APPROVED;AND AUTHORIZING THE FY 2009 (1)MEETS THE IDENTIFIED HOUSING AND COMMUNITY AND SSP I FURTHER MOVE THAT RESOLUTION NO.09-62,A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,COMMITTING LOCAL FUNDS AS LEVERAGE FOR FY 2009 STATE PROJECTS ("SSP")APPLICATION,BE APPROVED. ARIZONA, SPECIAL Councilmember Barker SECONDED THE MOTION. VOTE:Unanimous. n The motion carried. OLD BUSINESS None. NEW BUSINESS None. COUNCIL DIRECTION TO STAFF REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 2,2010 PAGE 8 OF 11 n n CITY-HOSTED PUBLIC FORUM UPDATING ECONOMIC DEVELOPMENT RELATED TOPICS) Economic Development Director Steve Filipowicz briefed the council on the item. ) Mayor Insalaco called for any discussion. n Councilmember Dietz commented they talked it out pretty well last night. Mayor Insalaco closed the discussion with no further comments and called for a motion. Councilmember Serdy MOVED THAT THE FOLLOWING DIRECTION BE GIVEN TO STAFF REGARDING CITY- HOSTED PUBLIC FORUM UPDATING ECONOMIC DEVELOPMENT RELATED TOPICS: PURPOSE OF UPDATING OUR COMMUNITY ON ECONOMIC DEVELOPMENT RELATED TOPICS OF INTEREST;THESE EVENTS WILL BE HELD IN THE COUNCIL CHAMBERS,SHOULD BE TELEVISED AND PLACED ON THE CITY'S WEBSITE;THE GENERAL APPROACH SHOULD BE AS OUTLINED BY THE ECONOMIC DEVELOPMENT DIRECTOR IN HIS MEMO ON JANUARY 21ST TO US; AND STAFF IS DIRECTED TO HOLD THESE TWO FORUMS WITHIN THE NEXT 60 DAYS. TO COUNCIL FOR DIRECTION FOR A POSSIBLE THIRD EVENT. OBJECTIVE OF THIS EVENT WOULD BE TO GATHER CREATIVITY,THOUGHTS AND IDEAS FROM THE COMMUNITY. TO STAFF AS WELL. I MOVE THAT THE CITY HOST TWO PUBLIC FORUMS FOR THE I FURTHER MOVE THAT AFTER THESE FORUMS,STAFF RETURN THE COUNCIL WOULD THEN GIVE DIRECTION Councilmember Barker SECONDEDnTHEMOTION. Unanimous.VOTE: The motion carried. SELECTION OF MEETING DATES,TIMES,LOCATIONS,AND PURPOSES Councilmember Dietz commented the executive session and work session for Monday,February 15, 2010,have been canceled due to the President's Holiday, then MOVED THAT AN EXECUTIVE SESSION AT 5:45 P.M.AND A WORK He REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 2,2010 PAGE 9 OF 11 on SESSION AT 7:00 P.M.BE HELD ON TUESDAY,FEBRUARY 16,2010,IN THE CITY COUNCIL CONFERENCE ROOM AND CITY COUNCIL CHAMBERS, RESPECTIVELY. Councilmember Barker SECONDED THE MOTION. VOTE:Unanimous. n The motion carried. CALL TO THE PUBLIC: Mr.Elliott Fisher,547 E. council regarding his concern about the mayor's comments and being denied a booth at Lost Dutchman Days. Quail,Apache Junction,addressed the ADJOURNMENT ■)Mayor Insalaco adjourned the meeting at 8:36 p.m. Consent Agenda Items are as follows: 1.Acceptance of Agenda. 2.Acceptance of Minutes of Regular Meeting of January 19,2010. 3.Appointment of candidate to fill one Library Board vacancy. 4.Consideration of Resolution No.09-58,approving an intergovernmental agreement with Pinal County for reimbursement of overtime and employment related expenses incurred due to Pinal County local law enforcement agency participation in the Governor's Office of Highway Safety contract No.2010-410-024 for the High Visibility Impaired Driving Enforcement Program. 5.Fifth Amendment to Cable System License Agreement between Mediacom and City of Apache Junction (Temporary Extension). ACCEPTED THIS 16TH DAY OF FEBRUARY,2010,BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA. n REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 2,2010 PAGE 10 OF 11 n SIGNED AND ATTESTED TO THIS 16TH DAY OF FEBRUARY,2010. JOHN S.INSALACO MayornATTEST: KATHLEEN CONNELLY City Clerk CITY COUNCIL MINUTES CERTIFICATION I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the regular meeting of the City Council of the City of Apache Junction,Arizona,held on the 2nd day of February,2010.I further certify that the meeting was duly called and held and that a quorum was present. Dated this 9th day of February,2010. — KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 2,2010 PAGE 11 OF 11 n n City ofApache Junction Home qfthe Superstition Mountains tgi Print TO:City Manager's Office Shane Kiesow,Pubiic Works Manager February 16,2010 FROM: DATE:n. Agenda Type : Council Priority Focus Area: Regular Agenda Community Infrastructure TITLE OF AGENDA ITEM: Consideration of award of bid for Project PW 2009-03 to M R Tanner Development and Construction for Delaware Drive Improvements in an amount not to exceed $186,147.50. ACTION REQUESTED: Recommendation for Approval DISCUSSION /BACKGROUND INFORMATION: Project PW 2009-03,improvements for Delaware Drive from Apache Trail to Superstition Boulevard was opened January 6,2010.Twenty-three bids,including base and alternative,were received,ranging from $169,225.00 to $361,806.00. Staff recommends award of bid PW 2009-03 to M R Tanner Development and Construction for their bid in the amount of $169,225.00,plus 10%contingency for a total of $186,147.50. FISCAL IMPACT: Budgeted Expenditure OPTIONS /ALTERNATIVES: RECOMMENDATION: Staff recommends award of bid PW 2009-03 to M R Tanner Development and Construction Inc.,in the amount of$169,225.00 plus 10%for unforeseen change orders of $16,922.50 for a total not to exceed $186,147.50. ATTACHMENTS: Click to download D Memo to Council D M R Tanner Agreement nn Public Works Department City of Apache Junction Home of the Superstition Mountains nJANUARY12,2010 MEMORANDUM TO:HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL THROUGH:GEORGE HOFFMAN,CITY MANAGER DAVID FERN,DIRECTOR OF PUBLIC WORKS FROM:GIAO PHAM,P.E.,CITY ENGINEER REGARDING:AWARD OF BID FOR PROJECT PW 2009-03 DELAWARE DRIVE IMPROVEMENTS Twenty-three bid packets were received and opened on Wednesday,January 6,2010,out of forty-six (46)packets e-mailed or picked-up.The base bids plus alternative ranged from $169,225.00 to $361,806.00. This project includes removal of asphalt pavement,installation of new asphalt pavement,base materials,adjustment of existing utilities and other related improvements.Work is scheduled to be completed by.the end of May 2010. Bid Opening Summary of three lowest bids: M R TANNER DEV.&CONST. ALR CONSTRUCTION KNOCHEL BROS.,INC. Base Bid $87,600.00 $87,682.00 $93,314.60 Full listing of all twenty-three bidders on attached page. The Public Works Department recommends award to M R Tanner Development «&Construction for theirbasebidandalternatebid,in the amount of $169,225.00. Alternative $81,625.00 $169,225.00 $84,890.00 $172,572.00 $82,278.00 $175,592.60 Total n RECOMMENDED MOTION:I MOVE TO AWARD BID PW 2009-03 TO M R TANNER DEVELOPMENT AND CONSTRUCTION IN THE AMOUNT OF $169,225.00,PLUS 10%FOR UNFORESEEN CHANGE ORDERS,$16,922.50,FOR A TOTAL OF $186,147.50. 575 E.Baseline Avenue,Apache Junction,AZ 85119 ♦Voice (480)982-1055 ♦FAX (480)983-5752 or (480)982-8005 n n Public Works Department City of Apache Junction Home of the Superstition Mountains n BID OPENING FOR DELAWARE DRIVE IMPROVEMENTS PROJECT -PW 2009-03 COMPANY ABC Asphalt ALR Construction Asphalt Services of Arizona Cactus Asphalt Caymus Corporation City Wide Contracting,LLC Combs Construction Company,Inc. Gunsight Construction Companies,LLC J.Banicki Construction,Inc JSA Construction Knochei Bros.,Inc. M &S Paving Construction Co.,Inc. Marham Contracting MR Tanner Dev.&Construction Nesbitt Contracting Co. Pat Hyle Contracting Ricor,Inc. RK Sanders,Inc. S &S Paving &Construction Specialized Surfacing Spire Engineering,LLC Swaine Asphalt Corporation Visus Inc. BASE BID LUMP SUM $150,759.23 $87,682.00 $172,837.50 $159,245.03 $199,870.98 $121,202.00 $106,976.70 $105,808.00 $121,294.00 $128,098.70 $93,314.60 $244,266.00 $121,916.00 $87,600.00 $133,605.50 $126,907.87 $121,096.20 $163,155.95 $119,000.00 $235,392.00 $137,941.00 $171,307.96 $155,558.00 ALTERNATIVE $117,644.20 $84,890.00 $107,745.00 $121,392.70 $94,685.00 $101,215.00 $82,550.00 $91,420.00 $81,363.80 $78,360.00 $82,278.00 $117,540.00 $74,442.00 $81,625.00 $84,890.00 $93,852.46 $75,095.00 $104,480.00 $84,890.00 $91,420.00 $71,830.00 $111,369.03 $89,461.00 TOTAL $268,403.43 $172,572.00 $280,582.50 $280,637.73 $294,555.98 $222,417.00 $189,526.70 $197,228.00 $202,657.80 $206,458.70 $175,592.60 $361,806.00 $196,358.00 $169,225.00 $218,495.50 $220,760.33 $196,191.20 $267,635.95 $203,890,00 $326,812.00 $209,771.00 $282,676.99 $245,019.00 575 E.Baseline Avenue,Apache Junction,AZ 85119 ♦Voice (480)982-1055 ♦FAX (480)983-5752 or (480)982-8005 nn City OF APACHE JUNCTION AGREEMENT FOR DELAWARE DRIVE IMPROVEMENTS APACHE TRAIL TO SUPERSTITION BLVD. PROJECT PW 2009-03 THIS AGREEMENT made and entered into by and between the CityofApacheJunction,an Arizona municipal corporation ("City")andM.R.Tanner Development and Construction, corporation ("Contractor"). Inc.an Arizona RECITALS A,In response to City's Notice Inviting Bid Proposals dated December,2009,and any addendums applicable thereto,Contractor submitted a proposal dated,January 6,2010,in which Contractor asserts its willingness,ability and qualifications to provide thisworkandservice. City has complied with the public bidding requirementsunderArizonaRevisedStatuteTitle34andApacheJunctionCitycodeArticle3-7. B. City and Contractor desire to set forth herein their respective responsibilities and the manner and terms upon whichContractorshallrendertheservices. C. NOW,THEREFORE,City retains Contractor to perform,and Contractor agrees to render the services in accordance with the terms and conditions set forth below: AGREEMENT 1.PROJECT DESCRIPTION:Delaware Drive will be improved for one half mile from Apache Trail to Superstition Boulevard. Street improvements will include the following:removal of existing asphalt pavement,installation of new asphalt pavement,adjustment of existing utilities and other street related improvements.All work shall be completed in accordance with the following (hereinafter referred to as the Contract Documents):!)the.construction plans entitled “City of Apache Junction Delaware Drive Improvements,PW 2009-03”;2) latest “Uniform Standard Specifications and Details for Public Works Construction”by the Maricopa Association of Governments the 1 n n and Standard Details of the City of Apache Junction;, plans entitled “Delaware Drive Improvements from ApacheSuperstitionBoulevard-Project No.PW 2009-03”'as shown anddescribedinthereferencedbiddocumentsandincludedhere inunderExhibitL. and 3)the Trail to 2.PAYMENTS &COMPLETION:The contract sum shall be the_total amount payable by City to the Contractor in the amount of OneHundred.Sixty-Nine Thousand Two Hundred Twenty-Five,Dollars and No^®^ts ($169,225.00)for the performance of the work under thecontractdocumentsexceptforchangesauthorizedbyproperlyexecutedchangeorders.Upon notice that the work is ready forfinalinspectionoracceptance,City representatives shall promptlycausetobemadeaninspection.When City finds the workacceptableundertheContractDocuments,City shall promptly submitforprocessingacertificateforpaymentstatingthattothebestofthexrknowledge,information and belief and-on the basis of itsobservationandinspection,the work has been completed inaccordancewiththeterrasandconditionsoftheContractDocumentsandthatpartialpaymentortheentirebalanceduethe-Contractor 'IS payable.No final payment_shall become due until the Contractorsubmitstotheallrequiredlienwaivers,releases and any otherdataestablishingpaymentorsatisfactionofallContractor’sobligations. I If any_Subcontractor refuses to-furnish a release orwaiverrequiredbyCity,Contractor may furnish a-bond satisfactorytotheCitytoindemnifyCityagainstanysuchlien.If any suchlienremainsunsatisfiedafterallpaymentsaremade,ContractorshallrefundtoCityallmoniesthatthelattermaybe'compelled topayindischargingsuchliens,including all costs and reasonableattorneysfees. 3.CONTRACT TIME; beginning work no later than March 1,2010 as,with completion nolaterthanMay28,2010.Upon failure to complete work within thetimespecified,the Contractor shall pay as liquidated damages forthelossofuseofthebenefitofthisprojectthesumasprovidedinTable108oftheMiA.G.Specifications per day for each day thework_remains imfinished.'This provision does not limit theliabilityofContractorforactualdamages,sustained by the CityaresultofanybreachofcontractorwarrantybytheContractor. 4.INDEPENDENT Contractor hereby fixes the time for n as Contractor:Contractor shall at all times during Contractor's performance of the services retain Contractor's status as an independent Contractor.Contractor's employees shallundernocircumstancesbeconsideredorheldtobeemployeesagentsofCity,and City shall have no obligation to pay orwithholdstateorfederaltaxes,or provide workers compensation orunemploymentinsurancefororonbehalfofthemorContractor. Contractor shall supervise and direct the work to be done using itsbestskillandattention. or Except as provided in this Agreement,Contractor shall be solely responsible for all construction means,methods,-techniques,sequences and procedures,and for coordinatingallportionsoftheworkrequiredbythecontractdocuments. Contractor shall be responsible to City for the acts and omissionsofitsemployees.Subcontractor's and their agents and employees 2 nn and other persons performing any of the work underdocument.any contract 5.LABOR AND MATERIALS:Unless otherwise provided in the contract documents,Contractor shall provide,pay and insure undertherequisitelawsandregulationsforalllabor,materials,equipment,tools and machinery,water,heat,utilities,transportation,other facilities and services necessary for theproperexecutionandcompletionoftheworkwhethertemporarypermanent,and whether or not incorporated or to be incorporatedinthework. nor 6,INSPECTIONS AMD QUALITY OF WORK:Contractor understands and specifically agrees that all work is to be performed pursuantto^Maricopa Association of Governments specifications and details("MAG"specifications and details")with CityContractoragreesthatitwillconductatleast one preconstructionmeetingbeforeanyworkcommences.While performingtheservices,Contractor shall exercise the reasonable professionalcareandskillcustomarilyexercisedbyreputedmembersofContractor's profession practicing in the Phoenix metropolitanarea,and shall use reasonable diligence and best judgment whileexercisingitsprofessionalskillandexpertise.Contractor shallalsoberesponsibleforallerrorsandomissionsContractorcommitsintheperformanceofthisAgreement.Contractor understands andagreesthatinspectionoftheworkbeingperformed.hereunder willoccurbyCity.Contractor agrees that City will have the exclusiverighttodetermine,in its sole discretion,whether the work hasbeenperformedinaccordancewiththeContractDocuments,includingMAGspecificationsanddetails.Contractor further agrees to makesuchcorrectionstotheworkasmaybedirectedbyCitytoconformtosaidContractDocumentsincludingMAGspecificationsanddetails,without requirement of Change Order or any additionalchargeorcosttoCitywhatsoever.Contractor further agrees tomakesuchcorrectionstotheworkwithinthetimeforcompletion ofworkasspecifiedinSection3aboveandshallnotbeentitledtoadditiona.1 time for completion of work for any correction workneededtobeperformedhereunder.Failure to perform correctionworkwithinthetimetocompleteworkasprovidedinSection3shallsubjectContractortoliquidateddamagesasprovidedtherein. s additions. n 7.WARRANTY:Contractor shall guarantee the work againstdefectiveworkmanshipormaterialsfora.period of one year fromthedateofitsfinalacceptanceunderthecontract;ordinary wearandtearandunusualabuseorneglectexcepted.Any omission onthepartofCitytocondemndefectiveworkormaterialsatthetimeofconstructionshallnotbedeemedanacceptance.andContractorwillberequiredtocorrectdefectiveworkormaterialsbeforefinalacceptance.Within one year from the dateacceptanceduetofaultsinworkmanshipormaterials,Contractor shall begin making the necessary repairs to thesatisfactionofcitywithinfourteen(14)calendar days of receiptofwrittennoticefromCity.Such work shall include the repair orreplacementofotherworkormaterialsdamagedoraffectedbymakingtheaboverepairsorcorrectiveworkallatnoadditional the 3 n cost to City.In the case of work materials or equipment for which warranties are required by the special provisions.Contractor shall provide or secure from the appropriate Siibcontractor or suppliersuchwarrantiesaddressedtoandinfavorofCityanddeliver to City prior to final acceptance of the work.Delivery of such warranties shall not relieve Contractor from any obligation assumed under any other provision of the contract.The warranties and guarantees provided in this subsection of the contract documents shall be in addition to and not in limitation of any other warrantees,guarantees or remedies required by law,and shall survive the expiration of this Agreement for the time periodmentionedabove. same 8 .TAXES:Contractor shall pay all license,sales, consumer,use and other similar taxes for the work or portionsthereofprovidedbyContractorwhicharelegallyenactedatthe time bids are received whether or not yet effective or subsequentlyapplicableduetoactsofjurisdictionsorbodiesotherthanCity. 9.PERMITS &FEES:Unless otherwise provided in the contract documents.Contractor shall secure and pay for all permits,governmental fees,licenses and inspections necessary fortheproperexecutionandcompletionofworkwhicharecustomarilysecuredafterexecutionofthecontractandwhicharelegallyrequired.Contractor shall give all notices and comply with all laws,ordinances,rules,regulations and lawful orders of public authority bearing on the performance of the work, permits for this work will be provided to Contractor at no cost. Contractor understands that the activity described herein constitutes ""doing business in the City of Apache Junction Contractor agrees to obtain a business tax license pursuant toArticle8-5 of the Apache Junction City Code from the City Clerk'sOfficeandkeepsuchlicensecurrentduringthetermofthis Agreement and after termination of this Agreement any time work is performed pursuant to the warranty provisions set forth in Section Any activity by Subcontractor's within the corporate Citylimits,will invoke the same business tax regulations on anySubcontractor's,and Contractor ensures its Subcontractor's will obtain any required business tax license. any City andII 5 .n 10 .SUPERINTENDENT;Contractor shall employ a competent project superintendent who shall be in attendance at the projectsiteduringtheprogressofthework.The superintendent shall represent and be the community agent of Contractor and communications given to the superintendent shall be as binding asifgiventoContractor.Important communications shall be confirmed in writing.The designated superintendent's contact information shall be provided to the Public Works Director or his designee in writing within five (5)working days after execution of this Agreement. 11.PROGRESS SCHEDULE:Contractor shall,immediately after entering into this Agreement,reaffirm the estimated progressscheduleassubmittedwiththebidproposal.Said progressscheduleshallbemaintainedandupdatedduringtheproject. 4 n 12.INDEMNIFICATION:Contractor shall defend indemnify andholdharmlessCity,its,agents,officers,officials and employees,from and against all claims,damages,losses and expenses(including but not limited to attorney fees,court costs and thecostofappellateproceedings)relating to,arising out of,alleged to have resulted from the acts,errors,mistakes,omissions,work or services of Contractor,its agents,employees,or any tier of Contractor's Subcontractors or any other person forwhoseacts,errors,mistakes,omissions,work or servicesContractormaybelegallyliable.The amount and type of insurancecoverage_requirements set forth herein will in no way be construedaslimitingthescopeoftheindemnityinthisparagraph. or n 13 .SUB-CONTRACTORS:All Subcontractors chosen by Contractor will be subject to City's approval.All SubcontractorsshallbeidentifiedbyContractorpriortoawardofcontract, make,no substitutions for any Subcontractor,person or entity previously selected without the approval of City. Contractor shall 14.GOVERNING LAW AND VENUE:The terms and conditions of this Agreement shall be governed by and interpreted in accordancewiththelawsoftheStateofArizona.Any action at law or inequitybroughtbyeitherpartyforthepurposeofenforcinga rightorrightsprovidedforinthisAgreement,shall be tried in a courtofcompetentjurisdictioninPinalCounty,State of Arizona,parties hereby waive all provisions of law providing for a changeofvenueinsuchproceedingtoanyothercounty.In the eventeitherpartyshallbringsuittoenforceanytermsofthis Agreement or to recover any damages for and on account of thebreachofanytermorconditioninthisAgreement,..... agreed that the prevailing party in such action shallcostsincludingreasonableattorneyfeestobedetermined by thecourtinsuchaction. The it is mutually .recover all 15.INSURANCE:Contractor,at its own expense,shall purchase and maintain the herein stipulated minimum insurance withcompaniesdulylicensedintheStateofArizona,possessing a current A.M.Best,Inc.Rating of B++6,or approved unlicensed intheStateofArizonawithpoliciesandformssatisfactorytoCity. n All insurance required herein shall be maintained in full force andeffectuntilallworkorservicerequiredtobeperformedunderthe terms of the Agreement is satisfactorily completed and formallyaccepted;failure to do so may,at the sole discretion of the CityconstituteamaterialbreachofthisAgreement. Contractor's insurance shall be primary insurance as respect toCity,and any insurance or self-insurance maintained•by City shallnotcontributetoit. Any failure to comply with the claim reporting provisions of theinsurancepoliciesoranybreachofaninsurancepolicywarrantyshallnotaffectcoverageaffordedundertheinsurancepolicies toprotectCity. 5 n The insurance policies,except Workers Compensation,shall contain waiver of transfer rights of recovery (subrogation)against City,its agents,officers,officials and employees for any claims arising out of Contractor's acts,errors,mistakes,omissions,work or services. The insurance policies may provide coverage which contain deductibles or self-insured retentions.Such deductible and/or self-insured retentions shall not be applicable with respect to the coverage provided to City under such policies.Contractor shall be solely responsible for the deductible and/or self-insured retention and City,at its option,may require Contractor to secure payment of such deductibles or self-insured retentions by a Surety Bond or an irrevocable and unconditional letter of credit. City reserves the right to request and to receive within ten (10) working days,certified copies of any or all of the herein required insurance policies and/or endorsements.City shall not be obligated,however,to review same or to advise Contractor of any deficiencies in such policies and endorsements,and such receipt shall not relieve Contractor from,or be deemed a waiver of City's right to insist on strict fulfillment of Contractor's obligations under this Agreement. The insurance policies,except Workers Compensation and Professional Liability,required by this Agreement,shall name City,its Mayor,Council,appointees,agents,officers,officials and employees as additional insured parties. REQUIRED COVERAGE Commercial General Liability Contractor shall maintain Commercial General Liability insurance with a limit of not less than $1,000,000 for each occurrence with a $2,000,000 Products/Completed Operations Aggregate and a $2,000,000 General Aggregate Limit.The policy shall include coverage for bodily injury,broad form property damage,personal injury, products and completed operations and blanket contractual coverage including,but not limited to,the liability assumed under the indemnification provisions of this Agreement which coverage will be at least as broad as Insurance Service Office,Inc.Policy Form CG 00011-03 or any replacement thereof. Such policy shall contain a severability of interest provision,and shall not contain a sunset provision or commutation clause,nor any provision which would serve to limit third party action over , claims. (^ The Commercial General Liability additional insured endorsement shall be at least as broad as the.Insurance Service Office Inc.'s Additional Insured Form CG 20101185,and shall include coverage for Contractor's operations and products and completed operations. 6 n n If required by this Agreement,if Contractor sublets any part ofthework,services or operations.Contractor shall purchase andmaintain,at all times during prosecution of the work,operations under this Agreement,an Owner and Contractor's Protective Liability insurance policy for bodily injury and property damage,including death,which may arise in the prosecution of the Contractor's work,service or operations underthisContract.Coverage shall be on an occurrence basis with alimitnotlessthan$1,000,000 per occurrence,and the policy shallbeissuedbythesameinsurancecompanythatissuesContractor'sGeneralLiabilityinsurance. Workers'Compensation Contractor shall carry Workers Compensation insurance to coverobligationsimposedbyfederalandstatestatuteshavingjurisdictionofContractor's employees engaged in the performanceoftheworkorservices;and Employer's Liability insurance of notlessthan$100,000 for each accident,$100,000 disease for eachemployee,and $500,000 disease policy limit. In case any work is subcontracted.Contractor will require allSubcontractorstoprovideWorkersCompensationandEmployer'sLiabilitytoatleastthesameextentasrequiredofContractor. Professional Liability If deemed applicable by the City Attorney,Contractor will maintainProfessionalLiabilityinsurancecoveringacts,errors,mistakesandomissionsarisingoutoftheworkorservicesperformedbyContractor,or any person employed by Contractor,with a limit ofnotlessthan$1,000,000 each claim. CERTIFICATE OF INSURANCE services or ■n Prior to commencing work or services under this Agreement,Contractor shall furnish the City with Certificates of Insurance,or formal endorsements as required by Agreement,issued byContractorsinsurer(s),as evidence that policies providing therequiredcoverages,conditions and limits required by thisAgreementareinfullforceandeffect. In the event any insurance policies required by this Agreementwrittenona"claims made''basis,coverage shall extend for two(2)years past completion and acceptance of the Contractor's workorservicesandasevidencedbyannualCertificatesofInsurance,to be filed with the City Clerk of City. If a policy does expire during the life of the Agreement,certificate must be sent to City thirty (30)calendar days prior totheexpirationdateandallrequiredinsuranceshallnotexpire,cancelled,or materially changed without a minimum thirty (30)calendar days written notice to City from Contractor.Certificates of Insurance shall be identified with bid serialnumberandtitle. ■n are a renewal be All 7 n This is a Lump Sum Contract.However, change orders may be processed as delineated herein.A changeorderisawrittenordertoContractor,approved by the Director of Public Works,issued after execution of the contract authorizing achangeintheworkoranadjustmentinthecontractsumorthe contract time.A change order signed by Contractor indicates its agreement therewith.City may,without invalidating the contract,order changes in the work within the general scope of the contract consisting of additions,deletions or other revisions,the contract sum and the contract being adjusted accordingly.All such changesintheworkshallbeauthorizedbychangeorderandshallbe performed under the applicable conditions of the contract documents.City's Director of Public Works shall have authority toorderminorchangesintheworknotinvolvinganadjustmentinthe contract sum or extension of contract time and not inconsistent with the intent of the contract documents.All such changes shall'be effected by written order and shall be binding upon City andContractor. 16.CHANGE ORDERS: n 17.SUCCESSORS &ASSIGNS:City and Contractor each bind themselves,their partners,successors,assigns and legalrepresentativestotheotherpartyheretoandtothepartners,successors,assigns and legal representatives of such other partyinrespecttoallcovenants,agreements and obligations contained in the contract documents.Neither party to the contract shall assign the contract or sublet it as a whole without the written consent of the other,nor shall the Contractor assign any moniesdueortobecomeduetoortobecomeduetoitwithoutthepreviouswrittenconsentofCity. 18.WRITTEN NOTICE:Written notice shall be deemed to have' been duly served if delivered in person to the individual or member of the firm or entity,or to an office of the corporation for whom it was intended or if delivered at or sent registered or certified mail,return receipt requested,and first class postage prepaid tothelastbusinessaddressknowntothemwhogivesthenotice. 19.CLAIMS FOR DAMAGES: n should either party to the contract suffer injury or damage to personal property because of any act or omission of the other party or of their employees oragentsforwhoseactstheyarelegallyliable,claims shall be made in writing to such other parties within a reasonable time after the first observance of such injury or damages. 20.PERFORMANCE BOND &LABOR &MATERIAL PAYMENT BOND: City shall have the right to require Contractor to furnish bonds covering the faithful performance of the contract and the paymentofallobligationsarisingthereunder.Attached are standard bond forms which must be completed by Contractor,and Contractor agreestoconformtoallprovisionssetforthinsuchforms. 21.SAFETY:Except as provided herein with respect to trench excavation and traffic regulations.Contractor and/or its Subcontractors shall be solely responsible for job safety at alltimes. 8 n n 22.RIGHTS &REMEDIES:The duties and obligations imposed by the contract documents and the rights and remedies available thereunder shall be in addition to and not a limitation of duties,obligations,rights and remedies otherwise imposed oravailablebylaw.No action or failure to act by City or Contractor shall constitute a waiver of any right or duty affordedanyofthemunderthecontract,nor shall any action or failure to act constitute an approval of or an acquiescence to any breachesthereunderexceptasmaybespecificallyagreedtoinwriting. any rS 23.TIME IS OF THE ESSENCE;All time limits stated in the contract documents are of the essence.Contractor shall beginworkonthedateofcommencementasdefinedinSection3above.It shall carry the work forward expeditiously.If Contractor is delayed at any time in the progress of the work by any act orneglectofCityorbyanyemployeeoftheCitynotspecificallydisclaimedherein,or by change orders in the work or any labordisputes,dire and unusual delay in transportation,adverse weather conditions not reasonably anticipated,unavoidable casualties,or any causes beyond the Contractor's control or by delay caused byCityorbyanyothercausewhichCitydeterminesmayjustifythedelay,the contract time shall be extended by change order for such reasonable time as City may determine,except as otherwise providedforinSection16asnotedabove.Any claim for extension of time shall be made in writing to the Director of Public Works not more than seven (7)calendar days after the commencement of the delay,otherwise said claim shall be waived by Contractor.In the case of a continuing delay,only one claim is necessary.Contractor shall provide an estimate of the probable effect of such delay on the progress of work.This section does not exclude the recovery ofdamagesfordelaybyeitherpartyundertheprovisionsofthe contract documents. 24.TERMINATION BY Contractor;If the work is stopped for a period of fifteen (15)calendar days under an order of any courtorotherpublicauthorityhavingjurisdictionorasaresultofan act of government such as declaration of national emergency makingmaterialunavailablethroughnoactorfaultofContractorora Siibcontractor or their agents or employees,Contractor may uponseven{7}additional calendar days,give written notice to City,terminate the contract and recover from City payment for all work executed and for any proven loss sustained upon any materials, equipment,tools,construction equipment and machinery includingreasonableprofitanddamage. n 25.TERMINATION BY City;If Contractor is adjudged bankrupt or if it makes a general assignment for the benefit of its creditors or if a receiver is appointed on account of its insolvency,of if it persistently or repeatedly refuses or fails except in case,for which extension of time is provided to supplyenoughproperlyskilledworksorpropermaterialsorlaboror persistently disregards laws,ordinance,rules,regulations or orders of any public authority having jurisdiction or otherwise is guilty of a substantial violation of a provision of the contract 9 nn documents.City upon certification by the Director of Public Works that sufficient cause exists to justify such action may withoutprejudicetoanyrightorremedyandaftergivingtheContractor and its surety if any,ten (10)calendar days written notice,terminate this contract and take possession of the site and of all materials,equipment,tools.construction equipment and machinerythereonownedbytheContractoraridmayfinishtheworkbywhatevermethoditmaydeemexpedient.In such case.Contractor shall not be entitled to receive any further payment until the work is finished.If the unpaid balance of the contract sum exceeds the cost of finishing the work such excess shall be paid to the Contractor.If such costs exceed the unpaid balance.Contractor shall pay the difference to City. Contractor or to City as the case may be,shall be certified by theCity's Director of Public Works and this obligation for paymentshallsurvivetheterminationofthiscontract. r) The amount to be paid to 2 6.RECORDS:Records of Contractor's labor,payroll and other costs pertaining to this Agreement shall be keptgenerallyrecognizedaccountingbasisandmadeavailable to Cityforinspectiononrequest.Contractor shall maintain records for a period of at least two (2)years after termination of this Agreement,and shall make such records available during that retention period for examination or audit by City personnel duringregularbusinesshours. on a 27.AMENDMENT:It is mutually understood and agreed that no alteration or variation of the terms and conditions of this Agreement shall be valid unless made in writing and signed by thepartieshereto,and that oral understandings or agreements not incorporated herein shall not be binding on the parties. If any part,term or provisions of this Agreement shall be held illegal,unenforceable or in conflict with any law,the validity of the remaining portions and provisionshereofshallnotbeaffected. 28.SEVERABILITY: 29.CONFLICT OF INTEREST:The provisions of A.R.S.§38-511 relating to cancellation of contracts due to conflicts of interest shall apply to this contract. 30 . understands and acknowledges the applicability to it of the American with Disabilities Act,the Immigration Reform and Control Act of 1986 and the Drug Free Workplace Act of 1989.The followingisonlyapplicabletoconstructioncontracts:The Contractor must also comply with A.R.S.§34-301 Works Prohibited",and A.R.S.§34-302, Requirements for Employees". Under the provisions of A.R.S.§41-4401,Contractor herebywarrantstotheCitythattheContractorandeachofits Subcontractors will comply with,and are contractually obligated tocomplywith,all Federal Immigration laws and regulations that COMPLIANCE WITH FEDERAL AND STATE LAWS;The Contractor Employment of Aliens on Public as amended,"Residence 10 n n relate to their employees andA.R.S.§23-214(A)(hereinafter "Contractor Immigration Warranty"). A breach of the Contractor Immigration Warranty shall constitute a material breach of this Contract and shall subject the Contractor to penalties up to and including termination of this Contract at the sole discretion of the City. The City retains the legal right to inspect the papers of anyContractororSubcontractorsemployeewhoworksonthisContract to ensure that the Contractor or Subcontractor is complying with the Contractor Immigration Warranty.Contractor agrees to assist the City in regard to any such inspections. The City may,at its sole discretion,conduct random verification of the employment records of the Contractor and any of Subcontractors to ensure compliance with Contractor's ImmigrationWarranty.Contractor agrees to assist the City in regard to anyrandomverificationsperformed. Neither the Contractor nor any of Subcontractor shall be deemed to have materially breached the Contractor Immigration Warranty if theContractororSubcontractorestablishesthatithascompliedwiththeemploymentverificationprovisionsprescribedbysections274A and 274B of the Federal Immigration and Nationality Act and the E- Verify requirements prescribed .by A.R.S.§23-214,Subsection A. The provisions of this Article must be included in any contract theContractorentersintowithanyandallofitsSubcontractorswho provide services under this Contract or any subcontract."Services" are defined as furnishing labor,time or effort in the State of Arizona by a Contractor or Subcontractor.Services include construction or maintenance of any structure,building or transportation facility or improvement to real property. n n 11 n IN WITNESS WHEREOF the parties hereto have caused this Agreement to be signed by their duly authorized representative as of this day of ,2010. M.R.TANNER DEVELOPMENT AND CONNSTRUCTION,INC. ; By: ; n 12 [ n n STATE OF ARIZONA ) )ss. COUNTY OF •—V"instrument was acknowledged before me this LDjr^i.day of,2010,by k'c^.t/ltoContractorintheabove-referenceoAgreeraentT^^as nWitnessmyhandandofficialseal.My Commission Expires:-^/Bd)J'Zdt (3 pjOTrtflY PUBLIC t I'ATt.QF ARIZONA Marleypa County THERYN K.HANSEN My Commission Expires 04/3C3/13 n 13 nn City OF APACHE JUNCTION an Arizona municipal corporation 1 .j I n By;JOHN S.INSALACO Its MAYOR ATTEST: Kathleen Connelly City Clerk APPROVED AS TO FORM: 1:Richard J.Stern City Attorney n i i 14 i n n STATE OF ARIZONA )ss. COUNTY OF PINAL ) The foregoing instrument was acknowledged before me this day of;/2 010,by ^,as (Name)(Title)of the City of Apache Junction,an Arizona municipal corporation,for and on behalf of said Corporation,in the above-referenced Agreement. Witness my hand and official seal. My Commission Expires: n Notary Public n ■j 15 n STATUTORY PAYMENT BOND PURSUANT TO TITLE 34, CHAPTER 2,ARTICLE 2,OF THE ARIZONA REVISED STATUTES (Penalty of this Bond MUST be 100%of the Contract Amount) KNOW ALL MEN BY THESE PRESENTS: That, Principal,and (hereinafter called the Principal),as ,a company /corporation holding a Certificate of Authority to transact surety business in the State of Arizona as issued by the V Director of the Department of Insurance pursuant to Title 20,Chapter 2, 1,with its principal office in the City of the Surety)are held and firmly bound unto the City of Apache Junction (hereinafter called the Obligee),in the amount of n Article (hereinafter called Dollars ),for the payment whereof,the said Principal and Surety bind executors,successors and assigns.themselves,their heirs,administrators, jointly and severally,firmly by these presents. WHEREAS, Obligee,dated contract is hereby referred to and made a part hereof as fully and to the extent as if copied at length herein. the Principal has entered into a certain written contract with the ,2010 todayof whi ch same NOW,THEREFORE,THE CONDITIONS OF THIS OBLIGATION IS SUCH,that if the said Principal shall promptly pay all moneys"due to all persons supplying labor or materials to Principal or^Principal's Sub-Contractors in the prosecution of the work provided for in said contract,this obligation shall be void.Otherwise it remains in full force and effect: PROVIDED,HOWEVER, 34,Chapter 2,Article 2, that this bond is executed pursuant to the provisions of Title of the Arizona Revised Statutes,all liabilities on this bond shall be determined in accordance with the provisions,conditions and limitations of said Title,Chapter and Article,n.were copies at length herein.to the same extent as if they The prevailing party in a suit on this bond shall recover as part of the judgment reasonable attorney fees as may be fixed by the judge of the court. Witness our hand this day of ,2010. PRINCIPAL SEAL BY: AGENCY OF RECORD AGENCY ADDRESS SURETY SEAL BY: 16 .-■V n n STATUTORY PERFORMANCE BOND PURSUANT TO TITLE 34, CHAPTER 2,_ARTICLE 2,OF THE ARIZONA REVISED STATUTES (Penalty of this Bond MUST be 100%of the Contract Amount) KNOW ALL MEN BY THESE PRESENTS: That, Principal,and (hereinafter called the Principal),as /a company /corporation holding a Certificate of Authority to transact surety business in the State of Arizona as issued by the Director of the Department of Insurance pursuant to (hereinafter called the Surety) are held and firmly bound unto the City of Apache Junction (hereinafter,called the Obligee),in the amount of .n Dollars ($ for the payment whereof,the said Principal and Surety bind themselves,their heirs, administrators,executors,successors and assigns,jointly and severally,firmly by these presents. ,), the Principal has entered into a certain written contract with the Obligee>dated ,20 WHEREAS, day of _which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. to NOW,THEREFORE,THE CONDITIONS OF THIS OBLIGATION IS SUCH,that if the Principal faithfully performs and fulfills all of the undertakings,covenants,terms,conditions and agreements of the contract during the original term of the contract and any extension of the contract,with or without notice to the surety,and during the life of any guaranty required under the contract,and also performs and fulfills all of the undertakings, covenants,terms,conditions and agreements of all duly authorized modifications of the contract that may hereafter be made,notice of which modifications to the surety being hereby waived,the above obligation is void, effect. Otherwise it remains in full force and PROVIDED,HOWEVER,that this bond is executed pursuant to the provisions of Title 34, Chapter 2,Article 2,of the Arizona Revised Statutes,and all liabilities on this bond shall be determined in accordance with the provisions of Title 34,Chapter 2,Article 2, Arizona Revised Statutes,to the extend as if they were copies at length in this agreement. .nTheprevailingpartyinasuitonthisbondshallrecoveraspartofthejudgement reasonable attorney fees as may be fixed by the judge of the court. Witness our hand this day of ,20 PRINCIPAL SEAL BY: AGENCY OF RECORD AGENCY ADDRESS SURETY BY: ATTORNEY IN FACT 17 nn City OF APACHE JUNCTION PROJECT NO.PW 2009-03 CERTIFICATE OF INSURANCE -■The certifies that the following insurance policies have been issued on behalf of: n NAME OF INSURED:ADDRESS OF INSURED: Type of Insurance Policy Nuinber Expire Date Effect. Date Limits of Liability Workman's Compensation 1.$100,000 Bach Accident; $100,000 Each Disease, $500,000 Disease Policy Limit Commercial General Liability 2.$1,000,000 Each Occurrence; $2,000,000 .Products /Completed Operations Aggregate;$2,000,000 General Aggregate Limit 3 Contractual Bodily Injury &Property Damage $1,000,000 Each Occurrence ■Professional4 $1,000,000 Each Claim Liability Automobile5 $1,000,000 Each OccurrenceBodilyInjury &Property Damage It is further agreed that these policies shall not expire,be canceled or changed until all work has been completed and the project has been accepted by the City.If a policy does expire during the life of the contract,a renewal Certificate of the required coverage must be sent to the City of Apache Junction not less than thirty (30)calendar days prior to expiration date.This Certificate is not;valid unless countersigned by an authorized representative of the Insurance Company.The Certificate of Insurance must also provide that the City,its Mayor,Council,appointees,officers, employees and agents,are additional insured parties. Countersigned by: Title: n Date: SUBSCRIBED AND SWORN TO before me this day of ,2010 by as Insurer. Notary Public My Commission Expires: 18 n nV- .EXH8BIT A lO o^x: no f *' ^IZO^ NOTICE INVITING BID PROPOSALS FOR DELAWARE DRIVE IMPROVEMENTS APACHE TRAIL TO SUPERSTITION BOULEVARD PROJECT NO.PW 2009-03 nDEPARTMENTOFPUBLICWORKS CITY OF APACHE JUNCTION 575 E.BASELINE AVENUE APACHE JUNCTION,ARIZONA 85119 -I--- V'ci.DECEMBER 2009 EMILE C.E. SCHMID i.m EXPIRES 12/31/09 nn DELAWARE DRIVE IMPROVEMENTS APACHE TRAIL TO SUPERSTITION BOULEVARD PROJECT NO.PW 2009-03 TABLE OF CONTENTS Page Table of Contents Notice Inviting Bid Proposals i-n iii 1-10InstructionstoBidders 1Definitions Project Examination of Bid Documents Qualifications of Bidders Disqualification of Bidders Preparation of Proposal Submission of Proposal Consideration of Proposal Progress Schedule Award of Contract Process Notice to Proceed Bonds &Certificates of Insurance Permits,Fees &Licenses Interpretation of Documents Completion Date &Liquidated Damages Indemnifications Subcontractors Meetings Performance Issuing an Unsatisfactory Performance Appraisal Warranties &Guarantees Prevailing Wage Utility Locations Acceptance of Project Certification Payment Compliance Calculations of Quantities Improvements Construction Staking Construction Testing Traffic Control City Sales Tax Compliance with Federal and State Laws 1. 12. 13 1-24. 25. 26. 2-37. 38. 39. 310. 311. 3-612. 613. 614. 615.i 616. 617. 718. 719. 720. 721. 722. 723. 7-824. 825. 826. 827. 828. 829. 830. 831. 932. 933. 9-1034. (Continued on page ii) 1 n n Table of Contents Page ii SPECIAL PROVISIONS 11-13 Exhibits nSub-Contractors List (Exhibit A) Surety Bid Bond (Exhibit B) Cost Proposal (Exhibit C) Similar Service History (Exhibit D) Progress Schedule (Exhibit E) Understanding &Agreement (Exhibit F) Certificate of Insurance (Exhibit G) Payment Bond (Exhibit H) Performance Bond (Exhibit f) Contractor Performance Review (Exhibit J) Sample Standard Contact (Exhibit K) Construction Plans (Exhibit L) 14 15 16-17 18 19 20 21 22 23 24 Included in Packet Rolled Separately o. EXPIRES 12/31/09 n nn Public Works Department Home of the Stcperstition Mountains n NOTICE INVITING BID PROPOSALS FOR DELAWARE DRIVE IMPROVEMENTS APACHE TRAIL TO SUPERSTITION BOULEVARD PROJECT NO.PW 2009-03 THE CITY OF APACHE JUNCTION,ARIZONA.INVITES SEALED BIDS FOR: Delaware Drive will be improved for half mile from Apache Trail to Superstition Boulevard. Improvements will include the following:approximately 6,401 square yards removal of asphalt pavement,installation of 6,530 square yards of new asphalt pavement,6,530 square yards of base material,adjustment of existing utilities and other street related improvements. All work under this contract shall be dona in accordance with these Bid Documents including:the Special Provisions herein,the construction plans entitled “City of Apache Junction Public Works Department Delaware Drive Improvements from Apache Trail to Superstation Boulevard,Project Number PW2009- 03”,the latest “Uniform Standard Specifications and Details for Public Works Construction”by the Maricopa Association of Governments,and Engineering Standards and Details,of the City of Apache Junction. Bid documents are available via email.Send request for plans to pubiicworks@ajcity.net. Additional information may be obtained front the Public Works Department,Senior Project Engineer,Mr.Emile Schmid at e-mail eschmid@aicity,net or 480-474-8515. Sealed bids will be accepted at the City Clerk’s Office,300 East Superstition Blvd,Apache Junction, until 2:00 PM.MST,January 6,2010,at which time and place all bids will be opened and read as a matter of public information.Any bids received after bid closing time will be rejected and returned unopened.Each bidder shall furnish the information required by the City as evidence of qualifications to provide the labor,materials,transportation,equipment and services required. Each bid shall be submitted on the proposal form{s)provided.Envelopes shall be marked “Delaware Drive Improvements from Apache Trail to Superstition Boulevard.Project No.PW 2009-03”.Each bid must be accompanied by a Cashier’s Check or Bid Bond in the amount of ten (10%)percent of the total amount of the bid,payable to the order of the City of Apache Junction,using the Surety Bid Bond form provided. The City of Apache Junction reserves the right to reject any and all bids and to waive technicalities and informalities. n 2 fKathleenConnelly City Clerk 575 E.Baseline Avenue,Apache Junction,AZ 85219 ♦Voice (480)982-1055 •FAX (480)983-5752 or (480)982-8005 n n INSTRUCTIONS TO BIDDERS DELAWARE DRIVE IMPROVEMENTS APACHE TRAIL TO SUPERSTITION BOULEVARD PROJECT NO.PW 2009-03 1.DEFINITIONS "Bidder"shall mean any person,corporation or other entity who submits a bid proposal to the City of Apache Junction pursuant to these documents. “City”shall mean the City of Apache Junction. "Contractor"shall mean the.person or entity to whom the contract is awarded. "Engineer"shall mean the City’s Engineer or designated representative. "Successful Bidder"shall mean the person or entity who submits a bid which the City determines is the lowest,most responsible and responsive bidder and to whom the City awards the bid. a.O b. c. d. e. 2.PROJECT Delaware Drive will be improved for one half mile from Apache Trail to Superstition Boulevard. Street improvements will include the following:removal of existing asphalt pavement, installation of new asphalt pavement,adjustment of existing utilities and other street related improvements. All work under this contract shall be done in accordance with these Bid Documents including: the Special Provisions herein,the construction plans entitled “City of Apache Junction Public Works Department Delaware Drive Improvements from Apache Trail to Superstation Boulevard, Project Number PW2009-03”,the latest “Uniform Standard Specifications and Details for Public Works Construction”by the Maricopa Association of Governments,and Engineering Standards and Details of the City of Apache Junction,all of which are hereinafter referred to as the Contract Documents.Refer to Exhibit C -Cost Proposal for a tabulation of construction items and quantities. n3.EXAMINATION OF BID DOCUMENTS The Bidder shall carefully examine and study the documents and specifications applicable to the award of a contract hereunder including the persoimel,materials and/or equipment which will be required to be furnished by the Successful Bidder.The submission of a proposal shall be prima facie evidence that the Bidder has made such an examination and unless an exception is noted in writing,intends to supply the materials,labor and/or equipment as submitted in accordance with the plans and specifications. 4.QUALIFICATION OF BIDDERS Each Bidder shall be licensed to do business in the State of Arizona,have a State Contractor’s license,and the Successful Bidder must also be licensed to do business in the City of Apache Junction and shall obtain a Privilege/tax License.Each Bidder shall also have sufficient personnel and equipment to provide the service required by the City,and shall have a history of providing satisfactory service to its customers.Each Bidder shall submit a list of at least three (3)customers including name,address and telephone number for whom similar work has been I nn completed in the last twelve (12)months and shall include a short description and location of the work using the form labeled Exhibit D. 5.DISQUALIFICATION OF BIDDERS Any one of the following is sufficient grounds for the disqualification of a Bidder and rejection of the bid: Submission of more than one proposal for the sanie materials or equipment from an individual,firm,partnership or corporation under the same or different names. Evidence of collusion among Bidders. Failure to fully corhplete all parts of this proposal or to submit the proposal in accordance with the requirements herein. Failure to meet the qualifications for bidding or provide evidence of such qualifications when requested. Failure to execute Agreement with City,with terms consistent in Proposed Agreement (Exhibit K). Past negative work history with the City and/or Failure to pay transaction privilege and construction taxes a. n b. c. d. e. f. 6.PREPARATION OF PROPOSAL All information requested on this Bid Proposal must be completed by the Bidder.The Bidder shall submit all -information on the required forms and documents.The information must be typed or printed in black ink and all numbers shall be in legible numerals.The Bidder must sign the proposal in black ink in the space provided.'' 7,SUBMISSION OF PROPOSAL This entire Bid document,when read and completed by the Bidder,shall be submitted yvith the proposal in a sealed envelope to the Apache Junction City Clerk’s office located at 300 East Superstition Blvd.,Apache Junction,Arizona 85119.All proposal forms,bond forms,contract agreement or special conditions shall be attached to this original copy of documents prior to filing with the City Clerk’s office.The envelope shall be plainly marked with the name of the project as denoted on the Notice Inviting Bid Proposals and name and address of the Bidder marked on the outside.When submitted by mail,the sealed proposal marked as indicated above, should be enclosed in an-additional envelope.Proposals subntitted by mail should be sent prepaid first class and certified return receipt requested.However,failure to do So shall not disqualify a bid.No proposal will be considered unless received on or before the time and at the place designated in the advertisement for bids containing the following: n To Be Completed With Bid (Exhibit A)Yes (Exhibit B)Yes (Exhibit C)Yes (Exhibit D)Yes (Exhibit E)Yes (Exhibit F)Yes (Exhibit G)No (Exhibit H)No 1.Subcontractors List 2.Surety Bid Bond Foim 3.Cost Proposal 4.Similar Service History 5.Progress Schedule 6.Understanding &Agreement 7.Certificate of Insurance 8.Payment Bond 2 n n ,9.Performance Bond 10.Contractor Performance Review 11.Proposed Agreement (Exhibit I) (Exhibit J) (Exhibit K) No No No 8.CONSIDERATION OF PROPOSALS The contract for this project shall be awarded based on the lowest responsive and responsibleBidder.The City’s evaluation of the Bid shall be the based on the correct summation of the prices shown on the cost proposal.Unless otherwise noted,the Bid shall include all labor, delivery and transportation costs and all appropriate taxes. The City reserves the right to waive technicalities or informalities’to reject any or all proposals, to accept the proposal deemed to be in the best interest of the City,or to reject the bid of any persons who have not satisfactorily performed under the terms of any prior or current contract with the City of Apache Junction. n 9.PROGRESS SCHEDULE A preliminary construction schedule indicating a sequence of work from start to finish shall be submitted with this Bid Proposal on the form labeled Exhibit E. 10.AWARD OF CONTRACT PROCESS The bid proposal that is the lowest dollar amount and is the most responsive and responsible shall be considered and voted on by the Apache Junction City Council at a regularly scheduled Council Hearing within sixty (60)calendar days after the opening of proposals.Award of construction contract will occur (or will occur in Council adjusted form)at the next available Council meeting,usually two weeks after the original Council Hearings.The decision of the City Council shall be final.Notice of Award to the Successful Bidder shall be confirmed to all Bidders by the City.Nothing herein shall be construed to require the City to award a contract. The City reserves the right to reject all bids.The Successful Bidder agrees to each and every term condition and obligation set forth in Exhibit K.Such terms,conditions,and obligations thereunder are non-negotiable. O11.NOTICE TO PROCEED The Notice of Award by the City to the Successful Bidder shall serve as the City's acceptance of the proposal.Notice to Proceed with ordering the materials or equipment,and scheduling work shall be obtained from the City in writing upon execution of the Agreement for construction and after the pre-construction conference,but in no case longer than ninety (90)days after Contract award. 12.BONDS &CERTIFICATES OF INSURANCE At the time of execution of the Standard Form of Contract (Exhibit K),the Successful BiddershallfiimishaPaymentBond,a Performance Bond and a notarized Certificate of Insurance or a certified copy of the policy in a form acceptable to the City,to include: The Contractor,at its own expense,shall purchase and maintain the herein stipulated minimum insurance with companies duly licensed in the State of Arizona,possessing a current A.M.Best, Inc.Rating of B-H-6,or approved unlicensed in the State of Arizona with policies and forms satisfactory to the City. 3 nn All insurance required herein shall be maintained in full force and effect until all work or service required to be performed under the terms of the,Agreement is satisfactorily completed and formally accepted;failure to do so may,at the sole discretion of the City constitute a material breach of this Agreement. The Contractor’s insurance shall be primary insurance as respect to the City,and any insurance or self-insurance maintained by the City shall not contribute to it n Any failure to comply with the claim reporting provisions of the insurance policies or any breach of an insurance policy warranty shall not affect coverage afforded under the insurance policies to protect the City. The insurance policies,except Workman's Compensation,shall contain waiver of transfer rights of recovery (subrogation)against the City,its agents,officers,officials and employees for any claims arising out of the Contractor’s acts,errors,mistakes,omissions,work or services. The insurance policies may provide coverage which contains deductibles or self-insured retentions.Such deductible and/or self-insured retentions shall not be applicable with respect to the coverage provided to the City under such policies.The Contractor shall be solely responsible for the,deductible and/or self-insured retention and the City,at its option,may require the Contractor to secure payment of such deductibles or self-insured retentions by a Surety Bond or an irrevocable and unconditional letter of credit. The City reserves the right to request and to receive within ten (10)working days,certified copies of any or all of the herein required insurance policies and/or endorsements.The City shall not be obligated,however,to review same or to advise Contractor of any deficiencies in such policies and endorsements,and such receipt shall not relieve Contractor from,or be deemed a waiver of the City’s right to insist on strict fulfillment of the Contractor’s obligations under this Agreenient. The insurance policies,except Workers’Compensation and Professional Liability,required by this A^eement,shall name the City,its agent,officers,officials and employees as additional insured parties.n REQUIRED COVERAGE Commercial General Liability Contractor shall maintain Commercial General Liability insurance with a limit of not less than $1,000,000 for each occurrence with a $2,000,000 Products/Comple ted Operations Aggregate and a $2,000,000 General Aggregate Limit.The policy shall include coverage for bodily injury, broad forrri property damage,personal injury,products and completed operations and blanket contractual coverage including,but not limited to,.the liability assumed under the indemnification provisions of this Agreement which coverage will be at least as broad as Insurance Service Office,Inc.Policy Form CG 00011-093 or any replacement thereof Such policy shall contain a severability of interest provision,and shall not contain a sunset provision or commutation clause,nor any provision which would serve to limit third party action over claims. The Commercial General Liability additional insured endorsement shall be at least as broad as 4 n n the Insurance Service Office Inc.’s Additional Insured,Form CG 20101185,and shall include coverage for Contractor’s operations and products and completed operations. If required by this Agreement,if the Contractor sublets any part of the work,services or operations,the Contractor shall purchase and maintain,at all times during prosecution of the work,services or operations under this Agreement,an Owner and the Contractor’s Protective Liability insurance policy for bodily injury and property damage,including death,which may arise in the prosecution of the Cpntractor’s work,service or operations under this Contract. Coverage shall be on an occurrence basis with a limit not less than $1,000,000 per occurrence, and the policy shall be issued by the same insurance company that issues the Contractor’s General Liability insurance.n Workers’Compensation The Contractor shall carry Workers’Compensation insurance to cover obligations imposed by federal and state statutes having jurisdiction of the Contractor’s employees engaged in the performance of the work or services;and Employer’s Liability insurance of not less than $100,000 for each accident,$100,000 disease for each employee,and $500,000 disease policy limit. In case any work is subcontracted,the Contractor will require subcontractor to provide Workers’ Compensation and Employer’s Liability to at least the same extent as required of the Contractor. Builder's Risk Fire Insurance with Extended Coverage lor Supplemental Contract!:The Contractor shall secure adequate insurance to protect itself and the City against damage to equipment,structures or materials from fire and hazards included in extended coverage endorsement or supplemental contract. Automobile Public Bodily Injury and Property Damage:The Contractor shall maintain automobile public liability insurance in the amount of not less than $1,000,000 for injury to one person,and $1,000,000 for one accident,and automobile property damage insurance in the amount of not less than $1,000,000 for one accident,to protect it from any and all claims arising from the use of the:(a)Contractor's own automobile and truck;(b)hired automobiles and trucks;(c)automobiles and trucks not owned by the Contractor,in the execution of the work included in this contract.Such insurance shall cover the use of automobiles and trucks both on and off the site of the project. n CERTIFICATE OF INSURANCE Prior to commencing work or services under the Agreement,Contractor shall furnish the City with Certificates of Insurance,or formal endorsements as required by Agreement,issued by the Contractor’s insurer(s),as evidence that policies;providing the required coverages,conditions and limits required by this Agreement are in full force and effect. In the event any insurance policies required by this Agreement are written on a “claims made” basis,coverage shall extend for two (2)years past completion and acceptance of the Contractor’s work or services and as evidenced by annual Certificates of Insurance,to be filed with the City Clerk of the City of Apache Junction,with one copy to be filed with the Apache Junction City Attorney. If a policy does expire during the life of the Agreement,a renewal certificate must be sent to City Clerk and a copy to the City Attorney thirty (30)calendar days prior to the expiration date. 5 n n All Certificates of Insurance shall he identified with bid serial number and title. 13.PERMITS,FEES &LICENSES The Contractor shall secure and pay for all applicable Federal,State,County or local permits and licenses including a City Business and Privilege License and shall comply with all applicable Federal,State,County or local laws,ordinances,regulations and safety standards.A City right- of-way Encroachment permit for this project will be issued to the Contractor at no cost.All Subcontractors shall be licensed to do business in the State of Arizona and the City of Apache Junction and shall also have a Privilege License. n INTERPRETATION OF DOCUMENTS14. Where a plan,specification or document appears ambiguous,or where any portion is not fully understood,the Contractor shall submit such question in writing to the Public Works Director. Verbal explanations shall not be binding. COMPLETION DATE &LIQUIDATED DAMAGES15. Based on a Notice to Proceed date of March 1,2010,this project shall be substantially completed by May 28,2010. Failure to complete by.May 28,2010 to the satisfaction of the Director of Public Works will cause a loss to the City.Bidder hereby acknowledges that such loss could cause City resulting damages.Consequently,liquidated damages per M.A.G Table 108 will be deducted from the final payment for each calendar day the work is incomplete after May 28,2010. 16.INDEMNIFICATIONS The Contractor shall defend,indemnify and hold harmless the City,its agents,officers,officials and employees,from and against tortious claims,damages,losses and expenses (including but not limited to attorneys fees,court costs and the cost of appellate proceedings),relating to, arising out of,or alleged to have resulted from the acts,errors,mistakes,omissions,work or services of Contractor,its agents,employees,or any tier of the Contractor’s subcontractor or any other person for whose acts,errors,mistakes,omissions,work or services the Contractor may be legally liable. n The amount and t5q)e of insurance coverage requirements set forth herein will in no way be construed as limiting the scope of the indemnity in this paragraph. SUBCONTRACTORS17. The Contractor shall list the names,addresses,telephone numbers and name of the principal of each subcontracting entity or person retained for the project on the form provided (Exhibit "A") in the Bid Proposal package.All such entities or persons shall be licensed to conduct business in the State of Arizona and the City of Apache Junction,Arizona.The City reserves the right to reject the choice of subcontractors. 6 n n 18.MEETINGS After the execution of the Standard Form of Contract,and before commencement of the work, the Contractor shall attend a pre-construction meeting at City Services Annex,Public Works office located at 575 East Baseline Avenue (or as instructed)in the City of Apache Junction,and with all other involved or concerned persons or subcontractors. 19.PERFORMANCE nTheContractorshallassuretheCitythatworkwillproceedasclosetoscheduleaspossible.If the Contractor fails to perform any portion of the required work,the City at its discretion,may issue a stop work order upon 24 hours written notice and terminate the contract.Upon such termination,the Contractor shall be paid the reasonable value of any completed work in any stage of the Contract which has been satisfactorily performed.Upon such termination,the Contractor shall render a final report on its work prior to receipt of final payment. 20.ISSUING AN UNSATISFACTORY PERFORMANCE APPRAISAL The City may perform periodic performance appraisals throughout the life of the contract.The Contractor shall receive written notice (Exhibit J)of any deficiencies.If the contractor fails or continues to fail to correct noted deficiencies in performance,The City may terminate the Contract and pay the Contractor as noted in Section 19 above. 21.WARRANTIES &GUARANTEES The Contractor shall warrant that all materials furnished will be new unless otherwise specified and approved in writing by the City and that all work will be of good quality free from defaults and defects and shall guarantee all work and materials for a period of one (1)year from the date of acceptance of the project.Should any portion of the work need replacement or repair due to construction methods or materials failure,the Contractor shall replace such work at no cost to the City.If the Contractor fails within a reasonable time to replace or repair any portion of the work deemed to be needed,the City may cause said work to be done and the Contractor agrees to pay all costs incurred therefore. n22.PREVAILING WAGE The rate of wage for all persons employed by the Contractor or any Subcontractor on the project shall not be less than the prevailing rate of wages for work of a similar nature in the City,as required by State or Federal law. 23.UTILITY LOCATIONS The Contractor is responsible for coordinating with private utilities and Blue Stake 602-263-1100 for all utility locations. 24.ACCEPTANCE OF PROJECT Upon receipt of notice from the Contractor that the project has been completed and is ready for final inspection and acceptance,the Director of Public Works or appointed representative shall make such ,inspections,and when found acceptable according to the plans and specifications, shall issue a final inspection report.The project shall not be acceptable nor shall final payment be made or become due until all lien waivers and other appropriate releases have been received 7 no and approved by the City,and all inspection report test results,certifications,and as-built record drawings have been received and approved by the City. 25.CERTIFICATION All subcontractors retained by the contractor and testing entities retained by the City shall each provide letters of certification confirming that all construction was done or performed in accordance with the project plans and specifications. 26.PAYMENTn The final contract sum shall be the total amount due to the Contractor as determined by the Cost Proposal (Exhibit C)plus authorized adjustments,less any darnages incurred due to the Contractor’s failure to duly conform to the requirements herein and less any previous payments. Monthly progress payments may be paid ^er the presentation of the Contractor’s request for payment,within thirty (30)calendar days after approval by the Director ,of Public Works,City Manager and City Finance Director.Partial payments shall be reduced by 10%for retention until final acceptance of the work.Final pa)Tnent will be made by the City only after Final Inspection and Acceptance of the work.Payments will be by check. 27.COMPLIANCE All work shall comply with all applicable City,County and State laws.Additionally,work shall be done and performed in accordance with the attached documents,all improvement plans as well as specifications,addendum and change orders.Records shall be retained and made accessible to the City for a period of 18 months after Final Acceptance. CALCULATIONS OF QUANTITIES28. The Contractor shall confirm quantities as shown on Exhibit C.After the bid opening,the City will compare quantities and cost proposals to other bidders and the Engineer’s estimate.The City may require clarification of large discrepancies.. 29.IMPROVEMENTS Improvements shall be those shown on the plans or modified by change orders. CONSTRUCTION STAKING30. The Contractor will be responsible for all construction staking. CONSTRUCTION TESTING31. The Contractor will provide construction testing for compaction and strength of all materials in accordance with Maricopa Association of Governments (MAG)Standard Specifications and the Special Provisions. The Contractor shall also be responsible for scheduling inspections with the City Engineer,or his representative at 480-982-1055.Inspection requests require 24 hours in advance notice -call Josh Warren at 480-682-7259. 8 n n i . 32.TRAFFIC CONTROL The Contractor shall be responsible for the safe flow of two-way traffic through the construction site at all times,and shall comply with the procedures outlined in the Traffic Barricade ManualonfileintheofficeoftheCity’s Public Works Department.All control devices shall be furnished by the Contractor.Residptial driveway access must be accomrnodated for the convenience of each property owner.Contractor shall hand-deliver written notification of impending construction to all affected residents and businesses 48 hours prior to start of work. The Contractor shall submit a traffic and barricading plan to the Engineer.This plan shall beavailableforreviewatthepre-construction conference.n33.CITY SALES TAX The City of Apache Junction taxes gross income received by a construction contractor within the City.The current City sales tax rate is 2.2 %.A city sales tax of 2.2 %is charged on materials, purchased within the City limits,and shall be included in the bid price.All contracting gross income subject to the tax shall be allowed a deduction of thirty-five per cent (35%).For furtherinformation,contact the City’s Business License Clerk,at 480-671-5070. Gross income derived from acting as a subcontractor shall be exempt.To qualify as aSubcontractor,the following must be met: The prime construction Contractor has provided the Subcontractor with a written declaration that it is liable for the tax on the project and provides the Subcontractor both its Arizona Transaction Privilege License number and City Privilege License number. An owner-builder provides the Subcontractor with a written declaration that: owner-builder is improving the property for sale;and owner-builder is liable for the tax;and owner-builder provides both Arizona and City Privilege License number. 1. 2. a) b) c) Taxes upon construction shall be reported on either a progressive billing (accrual)basis or cash receipts basis.Such option must be communicated by submittal in writing to City at the pre-construction meeting.n 34.COMPLIANCE WITH FEDERAL AND STATE LAWS The Contractor understands and acknowledges the applicability to it of the American with Disabilities Act,the Immigration Reform and Control Act of 1986 and the Dnig Free Workplace Act of 1989.The following is only applicable to construction contracts:The Contractor must also comply with A.R.S.§34-301,"Employment of Aliens on Public Works Prohibited",and A.R.S. §34-302,as amended,"Residence Requirements for Employees". Under the provisions of A.R.S;§41-4401,Contractor hereby warrants to the City that theContractorandeachofitsSubcontractorswillcomplywith,and are contractually obligated to comply with,all Federal Immigration laws and regulations that relate to their employees and A.R.S.§23-214(A)(hereinafter "Contractor Immigration Warranty"). A breach of the Contractor Immigration Warranty shall constitute a material breach of this Contract and shall subject the Contractor ot penalties up to and including termination of this Contract at the sole discretion of the City. 9 n i , The City retains the legal right to inspect the papers of any Contractor or Subcontractors employee who works on this Contract to ensure that the Contractor or Subcontractor is complying with the Contractor Immigration Warranty.Contractor agrees to assist the City in regard to any such inspections. The City may,at its sole discretion,conduct random verification of the employment records of the Contractor and any of subcontractors to ensure compliance with Contractor's Immigration Warranty.Contractor agrees to assist the City in regard to any random verifications performed. n Neither the Contractor nor any of Subcontractor shall be deemed to have materially breached the Contractor Immigration Warranty if the Contractor or Subcontractor establishes that it has complied with the employment verification provisions prescribed by Sections 274A and 274B of the Federal Immigration and Nationality Act and the E-Verily requirements prescribed by A.R.S. §23-214,Subsection A. The provisions of this Article must be included in any contract the Contractor enters into with any and all of its subcontractors who provide services under this Contract or any subcontract. "Services"are defined as furnishing labor,time or effort in the State of Arizona by a contractor or subcontractor.Services include construction or maintenance of any structure,building or transportation facility or improvement to real property. 1 10 n n SPECIAL PROVISIONS DELAWARE DRIVE IMPROVEMENTS APACHE TRAIL TO SUPERSTITION BOULEVARD PROJECT NO.PW2009-03 GENERAL REQUIREMENTS n CONTRACT STANDARD SPECIFICATIONS AND DRAWINGS: The following referenced Standard Specifications and Standard Drawings in the contract documentsrequiredforconstructionofthisproject: Maricopa Association of Governments Uniform Standard Specifications for Public WorksConstruction,1998 Arizona (Includes Revisions Through 2009) Maricopa Association of Governments Uniform Standard Details for Public Works Construction,1998 Arizona (Includes Revisions Through 2009) City ofApache Junction Engineering Design Guidelines and Policies Manual,November 2006 City of Apache Junction Traffic Barricade Manual,August 1986 Manual of Uniform Traffic Control Devices,Latest Edition PROGRESS MEETINGS: The Contractor shall schedule and administer progress meetings,construction foreman’s meetings andspeciallycalledmeetingsthroughoutprogressofthework.Attendees representing the Contractor,subcontractors and suppliers at such meetings shall be authorized to act on behalf of the entity eachrepresents.The Conti’actor shall: Make physical arrangements for meetings Preside at meetings Distribute written notice of specially called meetings a minimum of 1 working day in advanceRecordminutesincludingsignificantdecisionsandproceedingsPrepareformalminutesanddistributecopieswithin3workingdaystopartiesatoraffectedbysuchmeeting are 1. n2. 3. 4. 5. SCOPE OF WORK The scope of this project is to reconstruct the paved road surface (remove existing asphalt roadway,install new asphalt roadway)and other related construction associated with completing irhprovementsDelawareDrivefromApacheTrailtoSuperstitionBoulevard. Contractor to coordinate with Public Works Department to install Signing and Striping. The Contractor will be responsible for the cost of testing soil compaction,base course,concrete andasphaltonallconstructionitemsidentifiedontheplansasprovidedbyContractor. on 11 n The Contractor shall be responsible for the protection,a.djustment and coordinating the relocation of any utility encountered during excavation,rough grading and staking of forms throughout the construction of the project.Establishing all lines and grades necessary for Contractor work shall be the responsibility of the Contractor to stake,protect and verily for conformance to the contract documents. Miscellaneous items of work such as;sub-grade preparation,fine grading,soil compaction,water supply,grading alleys,testing,clean-up,mobilization,etc.not paid for under separate line items in the bid schedule,but necessary to complete the project in a workmanship manner,shall be included into the line items provided in the bid schedule.Miscellaneous items listed above may not be all-inclusive. n PROGRESS OF WORK The City anticipates issuing Notice to Proceed for March 1,2010,Contractor shall adhere to Progress Schedule provided on Exhibit E.Any deviations from this schedule shall be communicated to the City. CONSTRUCTION TIME The construction with clean-up work shall be completed within 90 calendar days after the Notice to Proceed date. THE FOLLOWING MAG SECTIONS ARE HEREBY MODIFIED TO INCLUDE: MAG Section 107 Legal Regulations and Responsibility To Public Section 108.5 Limitations of Operations: No construction activities involving vehicles or manually operated equipment with excessive noise will be allowed between the hours of 6:00 PM to 6:00 AM. MAG Section 201 Clearing and Grubbing Section 210.2 Imported Borrow; No source of borrow material has been designated for this project.The Contractor shall locate and secure all approvals at the source and for transport of borrow materials. Section 210.4 Measurement &Section 210.5 Payment: Borrow will NOT be measured for payment.It is considered incidental to project. MAG Section 340 Concrete Curb,Gutter,Sidewalk,Sidewalk Ramps,Driveway and Valley Gutter Section 340.3 Construction Methods: The Contractor shall do Sawcutting needed to match existing asphalt and repair damage to areas not shown to receive improvements on the plans caused by the Contractor’s operations.Sawcutting will not be measured for payment.Payment is considered incidental to project. MAG Section 345 Adjusting Frames,Valve Boxes and Water Meter Boxes Section 345.2 Adjusting Frames: Prior to disturbing any valve box during grading work,the Contractor shall identify any broken or damaged box to the Engineer.All boxes rejected by the Engineer as unacceptable for reuse shall be replaced by the appropriate utility at no cost to the Contractor.Grade adjustments will be made by the 12 n n- Contractor.The Contractor at no cost to the City shall replace boxes damaged by the Contractor’s operations.The Contractor is responsible for tieing all valve boxes and manholes in the project area and creating a list of these ties for future locating.This list of valve and manhole ties shall be provided to the City at no cost. Frames,covers,valve boxes and manholes within public right-of-way pavement shall be lowered to NOT higher than subgrade,plated and the ABC and AC constructed.After the AC is placed,the AC shall be sawcut and lowered frames,covers and manholes shall be adjusted to grade and concrete collared per Apache Junction Standard Detail AJ-422 for manholes and MAG Standard Detail 391.1 for valves.n MAG Section 350 Removal of Existing Improvements Section 350.1 Description: The Contractor shall cut the existing pavement to the approximate lines shown on the plans adequate to perform his work.Existing asphalt pavement required to be removed for construction,shall be removed and disposed of by the Contractor to the line established by the Contractor. MAG Section 401 Traffic Control Section 401.1 Description Add:The Contractor shall provide proper traffic control devices during their respective progress of the work to protect motorists,pedestrians,bicyclists and their items of work.The Contractor must ensure all areas under construction are adequately protected. MAG Section 424 Parkway Grading Section 424.3B Fine Grading A uniform slope from 5'behind the edge of asphalt shall not exceed 4:1.Slopes greater than 4:1 shall be flattened by extending parkway grading beyond 5'as needed to achieve the 4:1 maximum.No additional measurement or compensation will be made to the Contractor for this field alteration. n 13 n n EXHIBIT A SUB CONTRACTOR’S LIST PROJECT NO.PW 2009-03 (Complete and return with Bid Proposal) Sub-Gontractor #1 Sub-Contractor #2 n Trade:MlUlNfr Trade:>^DJUSTNgNTS Name of Firm:WSP.INC. Address:M.lyi Avie. PHOENIV,Ab B^017 Telephone: Principal .•J^ian Gjai/imonz Name of Firm:SFB2ACirVCDHR<Mtg<.ggOOP Address:12223 N.itfli sTgeer MOSN/X .A2 Telephone:/fal3ls^8^~*23'8S~ Principal:fkik MiiZ-tGch Sub-Contractor #3 Sub-Contractor #4 Trade;Trade; Name of Firm:Name ofFihn: Address:Address: Telephone;Telephone: Principal:Principal: n Sub-Contractor #5 Sub-Contractor #6 Trade:Trade: Name of Firm:Name of Firm: Address;Address: Telephone:Telephone: Principal:Principal: 14 nn EXHIBITS StfRETY BID BOND PROJECT NO.PW 2009-03 KNOW ALL MEN BY THESE PRESENT: M.R.Tanner Development &.ConstrucHon,Inc.-.as PrinEipal,(liereinafter called the. a coinpanjPcorporation holding a certificate of That we. Principal),and the Safeco insurance Company of America authority fd transact surety business in the State of Arizona as issued by the Director of the Department oTInsurance pursuant .to Title 20;Chapter 2,Article 1 as Surety,(hereafter called the Surety),are.Held and firmly bound unto the City of Apache function as Obligee,in the sum of ten percent (10%)of the total'amouilf of the bid of PrinoipaL submitted by him to the Citj'of Apache Junction for tiie work described below,for the payment of \vhich sum,will and truly to be made,the said Principal and.the said Surety,bind durseives;our heirs,executors,administrators, successors and assigns,jointiy and .severally,.fini.iiy by these presents,and i.ii conformance with A.R.S. n WHEREAS,the said Principal is herewith submitting its proposal for:Delaware Drive Improvements Apache Trail to Superstition Boulevard.Project No.PW 2009T)3. NOW,THEREFORE,if tlie Obligee shall accept the proposal of the Principal and the Principal shall enter into a contract with the Obligee in accordance with the terins of the:proposal and.give the bonds and certificates of insuraiiGfe as specified in the standard specifications with good and sufficient surety for iJie faithfal performance of the contract for the prompt payment of labor .and materials furnished in the prosecution of the contract or in the evept pf the failure of the Principal to enter into the contract and give the bonds and.certificates of insurance!if the Principal pays to the Obligee the difference not to exceed the-.penalty of the bond b.fetween the amount specified intheproposalandsuchlargeramountforwhichtheObligeemayin:good faith contract with another p^'to performthe.work.covered-by ititi proposal then this obligation is void.Otherwise it remains in full Three and effect providedhowever,that this bond is executed pursuanfto the provisions of Section 34-201,Arizona;Resnsed Statutes,and all liabilities on this,bond shall,be determined in accordance with the provision-s of the section to the extent a.s.if it were copied at length herein. Signed and'sealed this 3Qih December A.D.,20^day of M.R.Tannei^evelopment &Construction,Inc. Principal n preas Titli Witness; Safeco Insurance Company of America Surety DavioT^Jensen,Attomi ict Title- Witness: Brandy L.Baich 15 n n Safeco Insurance Company of America General Insurance Company of America 1001 4th Avenue Suite 1700 .Seattle.VVA 98154 POWER OF ATTORNEY »- ''NO,'-7646KNOWALLBYTHESEPRESENTS: That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA,each aWashingtoncorporation,does each hereby appoint - *ETHAN BAKER;BRANDY L BAICH;MARYANN CARAFELLO;TERRYCRULL;DAVID G.JENSEN;Phoenix,Arizona*n its true and lawful attorney(s)-in-fact,with full authority to execute on its behalf fidelity and surely bonds or undertakings and other documents of a similar character issued in the course of its business,and to bind the respective company thereby. IN WITNESS WHEREOF,SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and attested these presents March26th 2009thisdayof TimothyA.MIkolaiewski.Vice PresidentDexterR.Leqg,Secretary CERTIFICATE Extract from the By-Laws of SAFECO INSURANCE COMPANY OF AMEtyCA and of GENERAL INSURANCE COMPANY OF AMERICA: "Article V,Section 13;-FIDELITY AND SURETY BONDS ...the President,any Vice President,the Secretary,and any Assistant Vice President appointed for that purpose by'the officer in charge of surety operations,shall each have authority to appoint individuals as ^attomeyst-in-fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and- other documents of similar character issued by the company in the course of its business...On any instrument making or evidencing such appointment,the signatures may be affixed by facsimile.On any instrument conferring such authority,or on any bond or undertaking of the company,the seal,or a facsimile thereof,may be impressed or affixed or in any other manner reproduced; provided,however,that the seal shall not be necessary to the validity of any such instrument or undertaking." Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28,1970. "On any certificate executed by the Secretary or an assistant secretary of the Company setting out.(')The provisions of Article V,Section 13 of the By-Laws,and(ii)A copy ofthepower-of-attomey appointment,executed pursuant thereto,and (iii)Cerfitying that said power-of-attorne’y appointment is in full force and effect, the signature of the certifying officer may be by facsimile,and the seal of the Company may be a facsimile thereof." I,Dexter R.Legg ,Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA,do hereby certify that the foregoing extracts of the By-Laws and of a Resolution of the Board of Directors of these corporations,and of a Power of Attorney issued pursuant thereto,are true and correct,and that both the By-Laws,the Resolution and the Power of Attorney are still in full force and effect. IN WITNESS WHEREOF,I have hereunto set my hand and affixed the facsimile seal of said corporation n .2009December30thdayof Dexter R.Legg,Secretary WEB PDFS-0974/DS 3/09 nn >, EXHIBIT C COST PROPOSAL DELAWARE DRIVE IMPROVEMENTS APACHE TRAIL TO SUPERSTITION BOULEVARD PROJECT NO.PW 2009-03 FIRM:TANN6R.DajeU)PM£r'n^AME>OOWsmucnoM ,irvV.. ADDRESS:\%n uKST sm F=SDfto gnagsr TELEPHONE:(>3^-8Sot>Fax BASE BID UNIT PRICE* TOTAL COSTITEMDESCRIPTIONQUANTITYUNIT l§r!^iiiii IP Sawcur and Clean Joint per MAG Std.Specs 601.1 0^s1,830 LF \.0^8 - 2 Remove Existing Asphalt &Base Material &Dispose 6,401 SY 2Z.005 ^ Subgrade Preparation and Compaction per MAG Spec.301. $3 .6,530 eoSY1-ef.530 4 Construct 8”Aggregate Base per.MAG Specs 702.6,530 SY 5 s; 1,200 g $1.2005SlurryStormDrainPipe1LS e* 6 Adjust Water Meter to Grade per Arizona Water Company Specifications 1 EA »eqOOHW-s 7 Adjust Manhole to Grade 6 EA $2.520 8 Traffic Control per City of AJ &MUTCD iU51-^1 LS ^11.^7 *Above Unit Prices are for Purposes of Calculating cost of extra work orily.n ■87.600"TOTAL BASE LUMP SUM BID $ jagfTV S€0av37tteOJi&Mb.HUNbm\tmA&L ■»(SNIS Total Base Lump Sum Bid in Words //g /.po/0/7Date^^^i^ture 16 n n BID ALTERNATIVE 3-3/4”Asphalt Pavement,1-1/2”(A-12.5)Surface Course and 2-1/4”(A-19)Base Course per MAG Sec. Altl 81$SYn6,530 710. BID ALTERNATIVE LUMP SUM eififtiY oae Ttfeu&4Nb.<&iy-W;r?i)Bg3Ttoff<<rVFiue oau^fe ANb laao cet^r^ Total Alternative Lump Sum Bid in Words Date l(l.(2f>to Signature Print Title ESTiMATep.Name_j£SHiJWNM^ 17 nn EXHIBIT D SIMILAR SERVICE HISTORY PROJECT NO.PW 2009-03 Each Bidder shall submit a list of at least three (3)customers including name,address,contact person andtelephonenumberforwhomhehassimilarworkhasbeencompletedinthelasttwelve(12)months and shallincludeashortdescriptionandlocationofworkusingthisform. 1.Customer:Cm Of l>H0SMn( Name of Agency or Firm ■igiH.sr .PHcgMtx.,A? Address Muia BMotgy Contact Person Short Description of Work:saB6gAD&pegWeATIoN Pter BOAPS Telephone i ZOO,<JQOEHogNfjS, Location Start &Complete Date Cost 2.Customer:ciTVQ/gQtAhSfttgg. Name of Agency or FirmE.ctficA6og.Te^.cHANtxaiz..4?trz7r Address gex HAB.TMA»JI Telephone Short Description of Work:MtU.amp CftlSBUy STtisen Of crtAi^rxgfe. Contact Person 4 MlLUONiCHAfMDtgR.A^ Location MAgctf-Auaosr 2X)o<? Start &Complete Date Cost n3.Customer:POlJg HOMg^ Name of Agency or Firm ibJbl bmH PgaMgfeE Betoe .auirg loo sanseAie .Ag ftczto Address •p>pa scrtHgioee Contact Person Short Description of Work:SUB&RACie erSPABATloM ,ABC AMP RAUINfr Telephone ^2.1 HiiuosiroMAXBDADJUNE-7X>g -39»i;/Al£y TooFyLocationStart&Complete Date Cost 18 n n EXHIBIT E PROGRESS SCHEDULE DELAWARE DRIVE IMPROVEMENTS APACHE TRAIL TO SUPERSTITION BOULEVARD PROJECT NO.PW 2009-03 n ACTIVITY ANTICIPATED START DATE MOBILIZATION 3jll20lo if^jzoio 3/izlzolo S IzzfzolD BEGIN WORK MILL AC.AND ARC SUBCrPAce PgSMPAnoM PlAtg Afet RNiStA ABC SLURRY BAcmiL ^TDBM PPAlN PUCg A.C. n COMPLETION zjzHjloioFINALINSPECTIONANDACCEPTANCE 19 nn EXHIBIT F UNDERSTANDING AND AGREEMENT PROJECT PW 2009-03 (Complete and return with bid packet) PROPOSAL TO THE CITYS ENGINEER OR DIRECTOR OF PUBLIC WORKS OF THE CITY OF APACHE JUNCTION,ARIZONA: nIncompliancewiththeadvertisementforbids,and having examined these contract documents,site workandbeingfanuliarwiththeconditionstobemet,we hereby submit the following proposal for furnishing the materials,equipment,labor and provide everything necessary for the completion of the work listed.Wefurtheragreetoexecutethecontractdocumentsandfurnishtherequiredbondsandcertificatesofinsuranceforthecompletionofsaidworkatthelocationspecifiedandforthepricessetforthontheseinsidepagesandall applicable taxes amounting to $ef6H-1Y gagN Sb<HOMftCEO rfeW<fRiD\(Dollars),all inclusive. We understand that construction for this project shall be in accordance with the Plans and Specifications and shall be in compliance with all applicable Local,State,Federal and the City's codes and other requirements,except as otherwise required by the project plans and special provisions.We understand that this proposal shall be submitted with a proposal guarantee of cash,certified check,cashier's check or surety bond for an amount of not less than ten (10%)percent of the amount bid.We agreethatuponreceiptofnoticeofawardfromtheCity,we will enter into the Standard Form of Contract,individualAgreement,all terms which we have reviewed and will abide by as set forth in Exhibit J. WE HEREBY ACKNOWLEDGE receipt of and confirm this proposal is based on the following addenda: This proposal is submitted by M-R.TANNgIS tgUgQWgifrrtND tOMSTBOCnoKS organized under the laws of the State of consisting of trading such as ,a corporationMO a partnership ;or an individual and is the holder nofArizonaStateContractor's License No.lUgTb Classification:A~GglMgBAL Respectfully submitted by:M;E,.TANWEe bsuecapMSTstr AND OawsTBumoi^i.IMC. Firm 13?7 toesr SAN pgpgt,gnzeer MUjesr Mailing Address M. Phone 5eo.^7rea^. ATTEST: ■Qfficer Witness (if bidder is an individual) 20 n n EXHIBIT G CITY OF APACHE JUNCTION CERTIFICATE OF INSURANCE PROJECT NO.2009-03 The certifies that the following insurance policies have been issued on behalf of: NAME OF INSURED: ADDRESS OF INSURED: Limits ofTypeof Insurance Policy Number Effect. Date -Expire. Date Liability $100,000 Each Accident, $100,000 Each Disease, $50Q,00Q'DiseaseEolicyLitnit: Worlanan'g Compensation L $1,000,000 Each OGGurEeiioe;:;$2j0.00;0.00 ■■ Products/Completed Operations Aggregate; $2,000,000 General Aggregate Limit Commercial General Liability $1,000,000 Each Occurrence Contractual Bodily Injury &Property Damage 3. $1,000,000 Each Occurrence Automobile Bodily Injury &Property Damage 4. It is further agreed that these policies shall not expire,be canceled or changed until all work has been completed and the project has been accepted by the City of Apache Junction.If a policy does expire during the life of the contract,a renewal Certificate of the required coverage must be sent to the City of Apache Junction City Clerk and City Attorney not less than thirty (30)days prior to expiration date.This Certificate is not valid unless coimtersigned by an authorized representative of the Insurance Company. The Certificate of Insurance must also provide that the City,its officers,employees and agents are additional insured parties. Countersigned by: Title: Date: day of 20SUBSCRIBEDANDSWORNTObeforemethis by as Insurer. My Commission Expires:Notary Public 21 nn EXHIBIT H STATUTORY PAYMENT BOND PURSUANT TO TITLE 34, CHAPTER 2,ARTICLE 2,OF THE ARIZONA REVISED STATUTES (Penalty of this Bond MUST be 100%of the Contract Amount) KNOW ALL MEN BY THESE PRESENTS; That, (hereinafter called the Principal),as Principal,and /corporation holding a Certificate of Authority to transact surety business in the State of Arizona as issued by the Director of the Department of Insurance pursuant to Title 20,Chapter 2,Article 1,with its principal office in the (hereinafter called the Surety)are held and firmly bound unto the City of Apache ■.a company n City of Junction (hereinafter called the Obligee),in the amount of Dollars ($..),for the payment whereof,the said Principal and Surety bind themselves,their heirs,administrators,executors,successors and assigns,jointly and severally,firmly by these presents. day of which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW,THEREFORE,THE CONDITIONS OF THIS OBLIGATION IS SUCH,that if the said Principal shall promptly pay all moneys due to all persons supplying labor or materials to Principal or Principal's subcontractors in the prosecution of the work provided for in said contract,this obligation shall be void.Otherwise it remains in full force and effect; PROVIDED,HOWEVER,that this bond is executed pursuant to the provisions of Title 34,Chapter 2,Article 2,of the Arizona Revised Statutes,all liabilities on this bond shall be determined in accordance with the provisions, conditions and limitations of said Title,Chapter and Article,to the same extent as if they were copies at length herein. The prevailing party in a suit on this bond shall recover as part of the judgment reasonable attorney fees as may be fixed by the judge of the court. Witness our hand this day of WHEREAS,the Principal has entered into a certain written contract with the Obligee,dated ,20 to ,20 . n PRINCIPAL SEAL BY: AGENCY OF RECORD AGENCY ADDRESS SURETY SEAL BY; 22 n n EXHIBm STATUTORY PERFORMANCE BOND PURSUANT TO TITLE 34, CHAPTER 2,ARTICLE 2,OF THE ARIZONA REVISED STATUTES (Penalty of this Bond MUST be 100%of the Contract Amount) KNOW ALL MEN BY THESE PRESENTS: n That, (hereinafter called the Principal),as Principal,and j a company /corporation holding a Certificate of Authority to transact surety business in the State of Arizona as issued by the Director of the Department of Insurance pursuant to Title 20,Chapter 2,Article 1,with its principal office in the (hereinafter called the Surety)are held and firmly bound unto the City of Apache the amount of City of Junction (hereinafter called the Obligee),in Dollars ($.J,for the payment whereof,the said Principal and Surety bind themselves,their heirs,administrators,executors,successors and assigns,jointly and severally,firmly by these presents. WHEREAS,the Principal has entered into a certain written contract with the Obligee,dated day of which contract is hereby.,20.to referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW,THEREFORE,THE CONDITIONS OF THIS OBLIGATION IS SUCH,that if the Principal faithfully performs and fulfills all of the undertakings,covenants,terms,conditions and agreements of the contract during the original term of the contract and any extension of the contract,with or without notice to the surety,and during the life of any guaranty required under the contract,and also performs and fulfills all of the undertakings,covenants, terms,conditions and agreements of all duly authorized modifications of the contract that may hereafter be made, notice of which modifications to the surety being hereby waived,the above obligation is void.Otherwise it remains in full force and effect. PROVIDED,HOWEVER,that this bond is executed pursuant to the provisions of Title 34,Chapter 2,Article 2,of the Arizona Revised Statutes,and all liabilities on this bond shall be determined in accordance with the provisions of Title 34,Chapter 2,Article 2,Arizona Revised Statutes,to the extend as if they were copies at length in this agreement. n The prevailing party in a suit on this bond shall recover as part of the judgment reasonable attorney fees as may be fixed by the judge of the court. Witness our hand this day of _,20 . PRINCIPAL SEAL BY: AGENCY OF RECORD AGENCY ADDRESS SURETY BY: ATTORNEY IN FACT 23 nn 'f EXHIBIT J Contractor PERFORMANCE REVIEW Project Name: Construction Firm: Bid Amount:$ Notice to Proceed Date: Pre-Const.Date: Project Number: Project Manager/Engineer:— Final Construction Cost:$^ Accepted Date: Final Review: CRITERIA (5 =excellent.0 =poor) 1.Schedule (0-5 points) •Meeting Interim Milestones •Reliability and Conscientiousness •Staying on Schedule Despite Problems ♦Responsiveness to Technical Directions •Completion of Work on Time,Including Close-out n 2.Quality (0-5 points) •Quality and Completeness of Work •Compliance with Contract Requirements •Accuracy of Reports/Plans/Calculations •Appropriateness of Personnel Assigned 0 Technical Expertise 3.Problem Resolution (0-5 points) •Proactively Anticipates,and Mitigates Problems •Satisfactorily Resolves Problems •Prompt notification of Problems •Remains Objective •Effective Construction Recommended Solutions 4.Customer Service (0-5 points) •Understanding and commitment to Project Goals •Team Approach with the Engineer/Inspector •Positive Engineer/Inspector Feedback »Prompt Responses to Engineer/Inspector Requests•Courteous Interactions •Creative Service Strategies 5.Project Administration (0-5 points) •Within Budget •Workmanship •Change Orders •Competent Subs used nScore: RATING Circle One Performance Comments: EXCELLENT (25-23) GOOD (22-18) SATISFACTORY (17-13) UNSATISFACTORY (12-0) Prepared by:. Reviewed by; Title:' Title: ContractorTcONSTRUCTION PROJECT MANAGER ACKNnWT.Fnr.FivrirM'r Comments:~~"— Date: Date: Acknowledged by:Title:Date: 24 n n City ofApache Junction Home of the Superstition Motintains iS Print TO:City Manager's Office Shane Kiesow,Public Works Manager February 16,2010 FROM: DATE:n Agenda Type: Council Priority Focus Area: Regular Agenda Budgeted Operational Item TITLE OF AGENDA ITEM: Consideration of approval of the purchase of two replacement Ford Crown Victoria patrol vehicles from Five Star Ford in an amount not to exceed $51,451.68. ACTION REQUESTED: Recommendation for Approval DISCUSSION /BACKGROUND INFORMATION: Staff respectfully requests City Council approval to purchase two (2)Ford Crown Victorias from State Contract No. P7B/SCC070008-2 through Five Star Ford for an amount not to exceed $51,451.68 including tax as replacement vehicles to be used by the Police Department's Patrol Division. FISCAL IMPACT: Budgeted Expenditure OPTIONS/ALTERNATIVES: n RECOMMENDATION: Approval. ATTACHMENTS: Click to download D Police Department Vehicles nn Public Works Department City of Apache Junction Home of the Superstition Mountains n Date:February 4,2010 To:Mayor and Members of City Council Through George Hoffman,City Manager David Fern,Public Works Director From:Shane Kiesow,Public Works Manager Replacement Patrol VehiclesSubject: With the adoption of the Fiscal Year 2009-2010 City operating budget,the followingreplacementvehicleswereidentifiedandbudgetedforthePoliceDepartment. Consideration and direction for the purchase of these replacement vehicles was discussed attheFebruary1,2010 City Council work session.Staff now seeks City Council approval topurchasethesetwonewreplacementFordCrownVictoriasforthePoliceDepartment’s PatrolDivision.These new vehicles were identified to replace existing units 20-272 and 273 with125,000 and 114,000 miles respectively.This purchase would also mitigate the impact of thelossoftwopatrolvehiclesincurredoverthecourseofthispastyearduetocollisionsandflooding. The purchase of the patrol vehicles would be from State Contract #P7B/SCC070008-2 throughFiveStarFord.Amount for each vehicle would not exceed $25,725.84 including tax.Total forthetwowouldnotexceed$51,451.68 including tax. O 575 E.Baseline Avenue,Apache Junction,AZ 85219 ♦Voice (480)982-1055 ‘FAX (480)983-5752 or (480)982-8005 n n ROLL CALL VOTE NOTES: ff-fn iF/1 MEETING OFITEM# r SECONDED BY:MOTION BY: ABSTAINEDNOYES /COUNCILMEMBER SERDY COUNCILMEMBER DIETZ /COUNCILMEMBER WILSON /COUNCILMEMBER COLEMAN -SOUNCILMEWBER-BT^F^KER- MAYOR INSALACO n ABSTAINEDINFAVOROPPOSEDUNANIMOUS TOTAL CONSENT AGENDA ITEMS NO.1-4 I MOVE THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED;AND THAT THE AWARD OF BID FOR PROJECT PW 2009-03,IMPROVEMENTS FOR DELAWARE DRIVE FROM APACHE TRAIL TO SUPERSTITION BOULEVARD,BE AWARDED TO M R TANNER DEVELOPMENT AND CONSTRUCTION IN THE AMOUNT OF $169,225.00 PLUS 10%CONTINGENCY IN THE AMOUNT OF $16,922.50 FOR UNFORESEEN CHANGE ORDERS FOR A TOTAL AMOUNT OF $186,147.50;AND THAT AUTHORIZATION BE GIVEN TO THE MAYOR TO SIGN THE CONTRACT;AND n THAT APPROVAL BE GIVEN FOR THE PURCHASE OF TWO FORD CROWN VICTORIA PATROL VEHICLES FROM STATE CONTRACT NO.P7B/SCC070008-2 THROUGH FIVE STAR FORD FOR AN AMOUNT NOT TO EXCEED $51,451.68,INCLUDING TAX,AS REPLACEMENT VEHICLES TO BE USED BY THE POLICE DEPARTMENT PATROL DIVISION. n n City of Apache Junctio n Horn of the Superstition Mountains iHi Print TO:City Manager's Office Jeff Bell,Parks and Recreation Director February 16,2010 FROM: DATE: n Agenda Type: Council Priority Focus Area: Regular Agenda TITLE OF AGENDA ITEM: PRESENTATION OF DONATION FOR THE CITY OF APACHE JUNCTION 4TH OF JULY FIREWORKS FROM PINALCOUNTYSUPERVISORBRYANMARTYN. ACTION REQUESTED: DISCUSSION /BACKGROUND INFORMATION: Supervisor Martyn will be in attendance to present to the Mayor and Council a donation for fireworks for the 4th of July. FISCAL IMPACT: OPTIONS /ALTERNATIVES: RECOMMENDATION: n ATTACHMENTS: Click to download No Attachments Available n n City ofApache Junction Home of the Superstition Mountains igi Print TO:City Manager's Office George Hoffman,City Manager February 16,2010 FROM: DATE: n Agenda Type : Council Priority Focus Area: Reguiar Agenda TITLE OF AGENDA ITEM: MANAGER'S REPORT. ACTION REQUESTED: DISCUSSION /BACKGROUND INFORMATION: FISCAL IMPACT: OPTIONS /ALTERNATIVES: RECOMMENDATION: o ATTACHMENTS: Click to download No Attachments Available n n PUBLIC HEARING n For APPLICATION FOR AN TEMPORARY EXTENSION OF PREMISES FOR ELKS LODGE #2349 1. Will CITY CLERK KATHLEEN CONNELLY speak to the Council?2. Will the applicant or spokesperson please speak to the Council on this item?3. Is there anyone from the public who wishes to speak on this item?(Are there any Request to Speak”forms?) 4. 5.If not,this hearing is closed. 6.Is there any discussion? 7.Call for a motion. 8.Call for a second. 9.Roll call vote. n n Home of the Supersiitim Mountains iSj Print TO:City Manager's Office Kathy Connelly,City Clerk February 16,2010 FROM: DATE: n "Agenda Type: Council Priority Focus Area: Regular Agenda Required by Federal Law or State Statute TITLE OF AGENDA ITEM: APPLICATION FOR AN EXTENSION OF PREMISES FOR ELKS LODGE #2349. ACTION REQUESTED: Recommendation for Approval DISCUSSION /BACKGROUND INFORMATION: Elks Lodge #2349 is requesting a temporary extension of premises for Lost Dutchman Days on February 25 and 26,2010.The next step in the application process is a public hearing in front of the city council.The city council shall make a recommendation of approval or denial to be fonwarded to the Arizona Department of Liquor Licenses and Control. FISCAL IMPACT: OPTIONS /ALTERNATIVES: RECOMMENDATION: ATTACHMENTS: Click to download D cover memo D application D applicant letter D department memo Q planning recommendation D police department recommendation D fire district recommendation n n /J Home of the Superstition Mountains n FEBRUARY 3,2010 ^ylEMORANDUM TO:HONORABLE MAYOR AND CITY COUNCIL MEMBERS THROUGH;GEORGE R,HOFFMAN,CITY MANAGER THROUGH;KATHLEEN CONNELLY,CITY CLERK FROM;JAN MASON,DEPUTY CITY CLERK SUBJECT:AGENDA ITEM FOR FEBRUARY 16,2010: APPLICATION FOR AN EXTENSION OF PREMISES FOR ELKS LODGE #2349 An application for an extension of premises has been submitted by Mr.Denny M/alter of Elks Lodge #2349 for Lost Dutchman Days on February 25 and 26.2010 at 2455 N. Apache Trail,Apache Junction. Correspondence has been received from the planning division,police department and fire district,a copy of which is attached.The next step in the pTocedure is for the City .Counciltoholdapublichearingontheapplicationandmakearecommendationforapproval:or denial to be forv/arded to the State Department of Liquor Licenses and Control,n •Voice (480)982-8002 ^FA.X (4S0)982-7018 •TDD (480)983-0095 •www.ajcitj-.net300E.Stipcrslitlinn Boulevard,Apache Junction,AZ 85219 n ARJZONA DEPARTMENT OF LIQUOR LICENSES ^CONTROL 800 W Washington 5th Floor Phoenix AZ 85007-2934 www.azliquongov(602)542-S141 APPLtCATION FOR EXTENSION OF PPgMiSES/PATtO PERMIT THIS APPLICATION MUST BE RETURNED TO THE DEPARTMENT OF LIQUOR Q Permanent change of area of service -Give specific purpose of change: n P Temporary change for date(3)of: 1.Licensee's Name:4 ^Las'Firet2,Mailing Address:KO.Eg.Y -^^9^/9PA€:///^UcT 5.Business Phone:(^^0 )4 6.Do you understand Arizona Liquor Laws and Regulations?0 YES O NO FAX #] 8.Wnat security precautions will be taken to prevent liquor violations in the extended area?y^<J~ sss/r Zip LICENSE #:/V//00 ^ state 3.Business Name: A4.Business Address:rr-t i Residence Phone:(^10 )9^OS'^^ 7.Have you received approved Liquor Lav^Training?□NO^YES When? 9.Does this extension bring your premises within 3CH3 feel of a church or school?O YES O NO 10.IMPORTANT:ATTACH THE REVISED FLOOR PLAN CLEARLY DEPICTING YOUR LICENSED PREMISES AND WHAT YOUPROPOSETOADD. After completing sections 1-9,take this application to your focal Board of Supervisors,City Council or Designatetheirrecommendation.This recommendation is not binding on the Department of Liquor. This change in premises is RECOMMENDED by the local Board of Supervisors,City Council or Designate: ***« for (Authorized Signature)(Title)(Agenc>i) (Print ftiii natfie) 4I,I being ftrst duly sworn upon oatti,hereby depose,swear and declare, under penalty of perjury,that I am the APPLICANT making the foregoing application,Itiave read this application and the contents and all statements are true,correct and complete.-OQCountyofV-,--Lstateof SUBSCRIBED IN^Y PRESENCE AND SWORN TO before me this date SX‘\TE OF ARIZONAPinafCounty 03/0t/t3 Investigation RecommendatfonT^jApp'rovai CD Disapproval by: X___ Ilf IC'I C Day Month A YearjMiTMytom; (Slgrrature of NOTARY PUBLIC) Date: Director Signature required for Disapprovals.Date: 'Disabled individuals requiring special accommodatioa,please call the Departnieut(b'02)542-9927.LICOlOSOaQOoth Area Needed to for Lost Dutchman Days Lost Dutchman Blvd s-ftoirT -Exit I thfranceI I 1 MDoor I 3; i<o i SiQExtendedAreaRequestedr---3rn 13 IElksLodgeQ oaBIO)ra cf' i —Ir iFencedPatioI j Horse Shoe Tourney 3Bleachers i Securily Will be Posted Where Symbols Are m Roped Off Area 33 n Home of the Superstition Mountaim n January 15,2010 Denny L.Walter Apache Junction Elks Lodge #2349 P.O.Box 459 Apache Junction,AZ 85117 Dear Mr.Walter; Please be advised that your application for an Extension of Premises for Elks Lodge #2349 for the Lost Dutchman Days event to be held February 25 and February 26.2010, at the Elks Lodge,2455 N.Apache Trail (Highway 88),has been scheduled for a public hearing. The Apache Junction City Council will hold a public hearing on February 16,201Cs,at 7:00 p.m.in the City Council Chambers,300 E.Superstition Bivd.,Apache Junction,at which time recommendation for approval or disapproval will be made to be forwarded to Arizona Department of Liquor Licenses and Control.Your attendance is requested should council have any questions on this application.n If you have any questions concerning this matter,please contact my office at {480) 982-8002. Sincerely. Kathleen Connelly City Clerk yy ^'7-A •Voice (4S0)982-8002 •i-AX (480)982-7018 •TDD (180)983-0095 ■www.ajciw.nel 300 E,Superstition Boulevard.Apache Junction,kl 85219 nn Home of the Superstition Mountains n JANUARY 15,2010 DEPARTMENT OF PUBLfC SAFETY,ADMIN,SGT. PLANNING DIVISION APACHE JUNCTION FIRE DISTRICT MEMORANDUM TO; KATHLEEN CONNELLY,CITY CLERK M JAN MASON,DEPUTY CITY CLERK THROUGH: FROM: SUBJECT:APPLICATION FOR AN EXTENSION OF PREMISES FOR ELKS LODGE #2349 Mr.Denny L.Walter has submitted an application for a temporary extension of premises for Lost Dutchman Days to be held on Febaiary 25 and February 26,2010,at the Elks Lodge,2455 N,Apache Trail (Highway 88),Apache Junction. Please conduct the necessary inspections and submit your recommendation be email by Wednesday,February 3,in order for this item to be placed on the agenda for the City Council meeting of February 16,2010.n 'Voice (480)982-8002 •FAX (480)982-7018 •TDD (480)983-0095 •wwvv.ajcit>'.net 300 E.Superstition Boulevard,.Apache Junction,AZ 85219 n Janet Mason From: Sent: To: Yanet Ochoa lyochoa@AJCity.Net}Wednesday,February 03,2010 7:16 AM Fred Baker Janet Mason RE;Elks extension of premises Cc: Subject; Staff has no objections to Lhe extension of premises for’the Elk's Lodge during lost DutchmanDays. n Yanet Ochoa Assistant Planner 300 E.Superstition Blvd. City of Apache Junction vochojfeicity.net (460)474-2636 Fr'omr Fred Baker Sent:Tuesday,February 02,2019 9:45 Af-I To:Yanet Ochoa Cc;Janet Mason Subject:PW;Elks extension of premise.s Janet: Please r'evievr and comment to Jan Mason by Today,please.See belovi. Fred From:Janet Mason [mailto:jmason@ajcity,netJ Sent;Tuesday,February 02,2019 8:55 AM To:Brett Jackson;Dave Montgomery;Fred Baker Subject;Elks extension of premises I was out sick the week of 1/18/10 when this should have gone out but was inadvertently missed by my staff.Please except my apologies and return your recommendations to me no later than tomorrow if possible.Thanks. 1 nn Lieutenant -Bureau of Patrol February 2,20IG nSUBJECT;i Elks Lodge 2349 Temporary Extension Permit !Chief Jerald MonahanTO; I FROM:j Lieutenant Brett Jackson THROUGH:_]Captain Arnold^^ in revievrf of the one (1)page application for extension along with its premises drawing submitted by Latfree Wampler on behalf of Elks Lodge 2349 it is complete, in review of.the Police Department computer records Dennis Waiter,the Licensee and Louree Wampler show no significant contact with the Police Department.The Police Department has e;<perience no significant calis for service at the Elks Lodge,2455 N,Apache Trail in the pa.st twelve (12)months. The Police Department has no objections in granting the Elks Lodge premises extensions,which allows the extension of their premises on Thursday,February 25, 2010 and Friday,February 26,2010. n n n CFAI ■'Apache Junction Fire District 565 North Idaho Road,Apache Junction,AZ 85i19 Phone (480)982-4440,Fax (480)982-0183 www.ajfd.org n MEMORANDUM TO:Kathleen Connelly,City Clerk City of Apache Junction FROM:Dave Montgomery,Deputy Chief /Fire Marshal DATE:February 3,2010 SUBJECT:Application For Temporary Extension of Premises for Elks Lodge #2349 The Apache Junction Fire District has reviewed the submitted documentation for 2455 N.Apache Trail asrelatedtoeventstobeheldonFebruary25‘''&26“',2009.We would recommend approval of this application based,as always,on good practices for the general safety of all patrons and employees. Applicant shall ensure that all local fire and life safety codes and ordinances are adhered to for the duration of the event. Thank you for your notification on this matter. Dpm ATTN:Application n n RQl^CALL VOTE / NOTES: f n- MEETING OFITEM# M SECONDED BY:MOTION BY: ABSTAINEDNOES COUNCILMEMBER COLEMAN tCOUNCILMEMBERDIETZ COUNCILMEMBER SERDY -^UNC-ILMCMtiER BARKER^ COUNCILMEMBER WILSON AirtCEMAYOR-SCK. MAYOR INSALACO n ABSTAINEDINFAVOROPPOSEDUNANIM TOTAL ITEM NO.7 I MOVE THAT THE APPLICATION FOR A TEMPORARY EXTENSION OF PREMISES PERMIT FOR ELKS LODGE #2349,SUBMITTED BY DENNY WALTER,BE RECOMMENDED FOR (APPROVAL)OR (DENIAL)TO THE ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL. n PUBLIC HEARING n For APPLICATION FOR AN TEMPORARY EXTENSION OF PREMISES FOR LA RAZA STEAKS AND RIBS 1. 2,Will CITY CLERK KATHLEEN CONNELLY speak to the Council? Will the applicant or spokesperson please speak to the Council on this item?3. Is there anyone from the public who wishes to speak on this item?(Are there any Request to Speak”forms?) 4. If not,this hearing is closed.5. 6.Is there any discussion? 7.Call for a motion. 8.Call for a second. 9.Roll call vote. n nn City ofApache Junction Horn of the Superstition Mountains Print TO:City Manager's Office Kathy Connelly,City Clerk February 16,2010 FROM: DATE: n Agenda Type: Council Priority Focus Area: Regular Agenda Required by Federal Law or State Statute IITLE OF.AGENDA ITEM: APPLICATION FOR AN EXTENSION OF PREMISES PERMIT FOR LA RAZA STEAKS AND RIBS. ACTION REQUESTED: Recommendation for Approval DISCUSSION /BACKGROUND INFORMATION: La Raza Steaks and Ribs is requesting a temporary extension of premises permit for February 20,2010.A public hearing in front of the city council is the next step in the process.The city council shall give a recommendation for approval or denial to be forwarded to the Arizona Department of Liquor Licenses and Control. FISCAL IMPACT: Budgetary Approval Not Required OPTIONS /ALTERNATIVES: n RECOMMENDATION: ATTACHMENTS: Click to download □cover memo D application D aPDlicant letter D department memo D fire district recommendation D planning recommendation D police recommendation n n X" Home of the Superstition Mountains n FEBRUARY 1,2010 MEMORANDUM TO;HONORABLE MAYOR AND CITY COUNCIL MEMBERS THROUGH;GEORGE R.HOFFMAN.CITY MANAGER wTHROUGH:KATHLEEN CONNELLY,CITY CLERK JAN MASON,DEPUTY CITY CLERKFROM; SUBJECT:AGENDA ITEM FOR FEBRUARY 16.2010: APPLICATION FOR AN EXTENSION OF PREMISES/PATIO PERMIT FOR U\RA2A STEAKS & RIBS An application for an Extension of Premises/Patio Permit has been submitted by Ms.Bianca Martinez for La Raza Steaks &Ribs located at 495 W.Apache Trail in ApacheJunctionfortheirgrandopeningonFebruary20andforLostDutchmanDaysonFebruary27,2010. Correspondence has been received from Police Department.Fire District and PlanningDivision,a copy of which is attached.The next step in the procedure is for the CityCounciltoholdapublichearingontheapplicationandmakearecommendationfor approval or denial to be forwarded to the State Department of Liquor Licenses andControl. n KC.^rm •Voice (480)982-8002 •FAX (4S0)9S2-701S •TDD (480)983-0095 •www.ajcitj'.net300E.Superstition Boulevard:,Apache Junction,kZ 85219 n ! ARfZONA DEPARTIVIENT OF LIQUOR LICENSES &CONTROL 800 W Washington 5th Floor Phoenix A2 86007-2934 www.a2lic|UQr;gov (602)542-5141 APPLiCATIQN FOR EXTENSION OF PREMISES/PATtO PERMIT THIS APPLICATION MUST BE RETURNED TO THE DEPARTMENT OF LIQUOR o Permanent change of area of service -Give specific purpose of change: n ',— iLrai wTemporarychangefordate{s)of;i"s Alavtinft VLicensee's Name;1. Las(First Mid-ate Sj '’Snlf 1 T'}IT,-,i "-hrfJhn kf&t/ihyaingAddress2.I f ( Cly Swte 2i> U €2l'bS I ‘a.-t1'I !.3.Business Marne: Business Address;L;.;./4iT^jc'r/'i^H.??/;it>'.W--P/i'A' COUNTY Residence Phone:{(fi'Z }L- LICENSE #:^■rr-:^—T 4, City Sraie Zip 1 T 5BusinessPhone:(\'^L-5 ~7--7 I5.»!C -7 nFAX#(I6.Do you understand Arizona Liquor Lavirs and Regulations?O^VES O NO 7.Have you received approved Liquor Lav;Trainiirg?□NO 0|YES Vvihen?I- 8.What security precautions will be taken to prevent liquor violations in the extended area? i 'v!»iu i-i i[£■i'ii (7UT 9.Does this extension bring your premises vdthin 300 feet of a church or school?O YES '■L- {\ "s I C-'u--j'lV ef t iilc-'u-i y LAi ■i'YH-c c?,T bill &iCU.>ttkW<!I 17 10.IMPORTANT:ATTACH THE REVISED FLOOR PLAN CLEARLY DEPICTING YOUR LICENSED PREMISES AND WHAT YOU PROPOSE TO ADD, ‘After completing sections 1-9,take this application to your local Board of Supervisors,City Council or Designatefortheirrecommendation.This recommendation is not binding on the Department of Liquor. This change in premises is RECOMMENDED by the local Board of Supervisors,City Council or Designate; n (Ti«e)(Agency)(Authorized Signature) /ViJii g-Oi;'C;T .being first duly sworn upon oath,hereby depose.sv;ear and declare, {Print full name) under penalty of pequry,that I am the APPLICANT making the foregoing application.!have read this application and the contents and all statements are true,correct and complete. £-r" ■estate of County of ^i'-i7Sl;)1j'sCRIBED IN ?;IY PRESENCE AN:D SWORN TO hsrore ms this date INGFFfin V-i ^J2 trV31.2Crf log,•HA.} X r'l-rt ...Gvivty SuZA''.Pi.i HENI(Signatun 'lo Inrori■•TS.Month U YsisrDo'/ My commission e.xpires on: Investigation Recommendation Approval [31 Disapproval by: Director Signature required for Disapprovais ‘Disabled individuals requiring special accommodation,please tall the Dcpartment(fi02)542-9027. (S^nature cf NOTARY PUBLIC) Date: Date; t-ir oms lis.^uu'i cc -riI •i i -I tf A7fy(i N h\(liOT'O /L ■>-f yiy '■■\j >. ■<';1 u I \ sriSiK^■w -V c •2 ■\: :■- \‘X 6N ■N i slx■‘H.5 LX uA..3i!i-v.o;I N !'x.Li V■1 ]‘x ■V^‘- ■•HV‘^o \Ji j’'h }..■/>/AV •Xi -'x L".' r-^X i !'C-.i -N ■025>X''^■...'i i,vi4 / 5 >' !X ’■c 'I I i /i.?i /i II f /='X-''-i J mw 071 Vi.?ViI >; ii -ik!/>';'■.X-X/'^t-i:¥■>■Ki ■L LUliXiv/I I,IV n n Home of the Superstition Motmtains n January 27,2010 Bianca Martinez La Raza Steaks &Ribs 2681 E,Silversmith Trail San Tan Valley,AZ 85143 Dear Ms.Martinez: Application for Extension of Premises/Patio Permit for Liquor LicenseRe; Please be advised that your application for Extension of Premises/Patio Permit for a temporary change of area of service for the liquor license for La Raza Steaks &Ribs for February 20.2010,and February 27,2010,has been scheduled for a public hearing. The public hearing wiil be at the Apache Junction City Council regular meeting on February 16,2010,at 7;Q0 p.rn.,at the City Council Chambers,300 E.Superstition Bivd,, Apache Junction,at which time a recommendation for approval or disapproval will be made ot be forwarded to Arizona Department of Liquor Licenses and Control. n it is strongly recommended that you attend this meeting in the event that council has some questions on this application. If you have any questions concerning this matter,please contact my office at 982-8002. Sincerely, Kathieen Connelly Cih/Clerk »Voice (4S0)982-S0O2 *F,«{480)982-70i8 •TDD (480)983-009,^•www.ajcitjMiet 300 E,Superetition,BauJevard,Apache Junction,AZ 83219 nn Home of the Superstition Mo untains n JANUARY 27,2010 DEPARTMENT OF PUBLIC SAFETY PUkNNiNG DIVISION APACHE JUNCTION FIRE DISTRICT MEMORANDUM TO: KATHLEEN CONNELLY,CITY CLERKy JAN MASON,DEPUTY CITY CLERK APPLICATION FOR EXTENSION OF PREMISES FOR LA PvAZA STEAKS &RIBS THROUGH; FROM: SUBJECT: Ms.Blanca Martinez has submitted an application for a temporary extension of premises for February 20,2010,and Februany 27,2010 for La Raza Steaks &Ribs located at 495 VV.Apache Trail,Apache Junction,Arizona. Please conduct the necessary inspections and submit your recommendation by Wednesday,February 3,2010,in order for this to be heard at the city council meeting of February 16,2010.n •Voice (4 SO)982-8002 »FAX (4S0)982-7018 •TDD (480)983-0095 •vvww.ajciy.net 300 E,Supersiition Boulevard,Apache Junction,AZ 85219 nn Apache Junction Fire District 5S5 North Idaho Road,Apachs Junction,AZ 85119 Phone (48Q)982-4440,Fax (480)982-0183 ww/w.ajfd.org »X'.: pflOuptysgmNgy Emsst n MEMORANDUM TO:Kathleen Connelly,City Clerk City of Apache Junction FROM:Dave Montgomery,Deputy Chief /Fire Marshal DATE:January 29,2010 SUBJECT:Application For Temporary Extension of Premises La Raza Steaks &Ribs.495 W.Apache Trail.Apache Jet..AZ The Apache Junction Fire District has reviewed the submitted documentation for 495 W.Apache Trail as related to events to be held on Februaiy 20“'&27*2010.We would recommend approval of this application based,as always,on good practices for the general safety of all patrons and employees. Applicant shall ensure that all local fire and life safety codes and ordinances are adhered to for the duration of the event. Thank you for your notification on this matter. Dpm ATTN:Application n n Janet Mason From: Sent: Todd Kennedy Friday,January 29,2010 9:27 AM Fred Baker Janet Mason RE:La Raza Steaks &Ribs extension of premises application To: Cc; Subject: JaHj n Planning has no issues with this proposal. Todd C.Kennedy Assistant Planner City of Apache Junction 300 E.Superstition Blvd. Apache Junction,A2 85219 (480)474-5093 tkennedvfjalcitv .net From:Fred Baker Sent:Thursday,January 28,2018 10:55 Afl To:Todd Kennedy Cc:Janet Mason Subject:FW:La Raza Steaks &Ribs extension of premises application n Todd: Please r'eview and respond by February 3rd to Jan Mason. Fred Front:Janet Mason Sent;Thursday,January 28,2019 18:50 AM To;Carlena Lawson;Dave Montgomery;Fred Baker Cc:Jerald Monahan Subject:La Raza Steaks &Ribs extension of premises application 1 nn Apache Junction Police Department Interdepartmental Memo n DATE;01-29-2010 TO:Arnold Freeman -Patrol Commander THROUGH;Brett Jackson -Patrol Lieutenant FROM:Phil Freeman -Patrol Sergeant SUBJECT;Extension of Premesis Application,La Raza Sir's On 01-28-2010 1 conducted a review of the attached paperwork and evaluation of the site location for the temporary extension of premesis permit La Raza Steaks and Ribs located at 495 West Apache Trail.Upon looking at the site which is east of the business there should not be any issues.I asked what type of fencing they were going to be using and was told that they are going to rent a chain link fence,which is acceptable.There will also be a dedicated security person present in the area. Based on my review and inspection the business has met the requirements of the City of Apache Junction;Arizona Revised Statute 4-207.01 -Extension of Premesis requirements,and Arizona Administrative Code R19-1-311. I had to double check on the fencing requirements for a series 12 license {restaurant).No particular type of fence is regulated and the Liquor Board says that usually some cities set their own standard and I do not know what that is,probablyanengineeringmatter.The Liquor Board also recommends the barrier to be at least 4 feet in height but it is only a recommendation and not a requirement. Therefore,the The Apache Junction Police Department approves of the request for a temporary pemiit and recommends the application be forwarded to the Arizona Department of Liquor per City of Apache Junction procedure. n n ROLL CALL VOTE / r.yNOTES:t / L n ITEM#MEETING OF MOTION BY:SECONDED BY:A YES NO ABSTAINED COUNCILMEMBER DIETZ "OQUNCiyVICMDER BARKER' Viee-MAYeH-eett 7COUNCILMEMBERCOLEMAN ,7COUNCILMEMBERSERDY COUNCILMEMBER WILSON MAYOR INSALACO n ABSTAINEDUNANIMOUINFAVOROPPOSED TOTAL ITEM NO.8 I MOVE THAT THE APPLICATION FOR A TEMPORARY EXTENSION OF PREMISES PERMIT FOR LA RAZA STEAKS AND RIBS,SUBMITTED BY BLANCA MARTINEZ,BE RECOMMENDED FOR (APPROVAL)OR (DENIAL)TO THE ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL. n n PUBLIC HEARING n 1.For PUBLIC HEARING FOR APPEAL TO DEVELOPMENT FEE ORDINANCE Will DEVELOPMENT SERVICES DIRECTOR BRAD STEINKE speak to the Council? 2. Will the applicant or spokesperson please speak to the Council on this item?3. Is there anyone from the public who wishes to speak on this item?(Are there any Request to Speak”forms?) 4. 5.If not,this hearing is closed. Is there any discussion?6. 7.Call for a motion. 8.Call for a second. 9.Roll call vote. n nn City ofApache Junction Home of the Superstition Mountains iS Print TO:City Manager's Office Brad Steinke,Director of Development Services February 16,2010 FROM: DATE:n. Agenda Type: Council Priority Focus Area: Regular Agenda Community Development TITLE OF AGENDA ITEM: PUBLIC HEARING FOR APPEAL TO DEVELOPMENT FEE ORDINANCE. ACTION REQUESTED: No Recommendation DISCUSSION /BACKGROUND INFORMATION: Ms Debbie Johnson is requesting that the required $9,508 Development Fee for a proposed manufactured home located at 554 N.Acacia be waived by the City Council.This appeal is authorized pursuant to AJCC,Vol.I.,Land Development Code. Chapter 7,Article 7-1,Development Fees.§7-1-1(M).Relief Procedures and Hearings. FISCAL IMPACT: Budgetary Approval Not Required OPTIONS /ALTERNATIVES: City Code Requirement n’RECOMMENDATION: No recommendation by staff. ATTACHMENTS: Click to download D Cover Memo n n City of Apache Junction Development Services Department To:Mayor and City Council Brad Steinke,Director of Development Services February 3,2010 Development Fee Ordinance Appeal From: Date:n RE: On February 4,2010,the City received a written request from Debbie Johnson to waive the required $9,508 development fee for placement of a 1,600 square foot manufactured home on a vacant 1.25 acres single-family lot located at 554 N Acacia (see attached letter).Ms.Johnson is hoping that the Council will waive the fee due to her financial condition and the fact that a mobile home was previously placed on the property [Note:If the previous mobile home was replaced with another dwelling unit within a year of removal,no development fee would be required according to our code.As it turns out,the previous mobile home was removed approximately 2 years ago]. Article 7-1-1-M (Relief Procedures and Hearings)of the Land Development Code provides, among other things,that the City Council must hold a public hearing on the appeal within 45 days after received by the Development Fee Administrator (see attached code section regarding development fee appeals).The ordinance does not,however,apply standards or criteria to the Council’s review and determination of these types of appeals. Staff Recommendation: Development Services staff recommends that the City Council review the appellant’s request and take action to either approve,deny,or modify and approve the requested appeal by March 21, 2010. n 300 E.Superstition Boulevard «Apache Junction,AZ 85219 •Ph:(480)474-5082 •Fax (480)474-5102 nn Articie 7-1 Development Fees M.Relief Procedures and Hearings The developer who owes,has paid a development fee,or disputes the offset amount determined by the Development Fee Administrator may appeal to the Mayor and City Council.Such appeal must be filed with the Development Fee Administrator in writing:1)within (30)calendar days after the date the City notified the developer of an assessment or offset determination;or 2)within thirty (30)calendar days after the developer paid the development fee.In either case,any building permit issued before the appeal is filed shall be considered stayed until after the appeal process has concluded.Any work in progress completed during the appeal process shall be performed at the developer's own risk.Failure to pay the development fees as determined on appeal shall result in the withholding by the City of the Certificate of Occupancy of Developer's project.The City Council must hold a hearing on the appeal within forty^five (45)calendar days after received by the Development Fee Administrator.The Council's failure to hold a public hearing within the forty-five (45)calendar days absent a continuance request by the developer,shall result in the developer's position prevailing over the City's.The decision of the Mayor and City Couricif shall be considered the final administrative decision of the City. n 300 E.Superstition Boulevard •Apache Junction,AZ 85219 •Ph:(480)474-5082 •Fax (480)474-5102 n n Debbie A Johnson 1526 W 3^‘‘Street Tempe,AZ 85281 602-309-6952 cell The City of Apache Junction 300 E Superstition Blvd Apache Junction,AZ 85119 n Attention Council Members I am in the process of establishing my home in your city in doing so I am buying property andgroundsettingabrandnew1600squarefootmodularhomeonthepropertylocatedat554NAcacia,I recently learned I am being charged a Land impact fee of $9500. Some of the reasons for choosing this particular lot are because of the upgrades already on the lotsuchaswater,electric and an existing thousand gallon septic that is in good working order andtheaccesstoStatelandsandtheview.There are several homes already established and myhomewillbethelastoneonthisparticularpartofAcacia. On a personal note I am a country girl who has spent the last 15 years living in the city sodaysoffIfindmyselfoutinthecountyhikingorshoppingatthefarmersmarketandvisitingfriendswholiveinthearea.In August 2009 I started looking for a place I could call home;aplaceIcouldbehappywhenIretireandfinallyinDecemberIfoundthislot.I am lookingforwardtomovingoutofthecityandstartingagarden,walking through the state lands andfinallyexperiencingthetranquilityofdesertliving. I do not have monies for this unexpected fee and am hoping that because this is a lot that hasalreadybeenestablishedandhadastructureonitintherecentpastthatyouwillwavethisfee. Thank You for your consideration Debbie A Johnson Debbie A Johnson on n .300 E.Superstition Boulevard •Apache Junction,AZ 85219 •Ph:(480)474-5082 •Fax (480)474-5102 nn ROLL CALL VOTE VJ NOTES: st t7 MEETING OFITEM#t SECONDED BY:MOTION BY: ABSTAINEDYESNO COUNCILMEMBER SERDY /COUNCILMEMBER COLEMAN COUNCILMEMBER DIETZ 7COUNCILMEMBERWILSON €OUNCILMEMBerB7mER> WnrMAYDRTeK- MAYOR INSALACO UNANlMCy ABSTAINEDINFAVOROPPOSED TOTAL ITEM NO.9 PUBLIC HEARING ONLY -NO ACTION IS NECESSARY AT THIS TIME. n n PUBLIC HEARING n For PROPOSED ORDINANCE NO.1357,ADDING NEW SUBSECTION (K)TO APACHE JUNCTION CITY CODE,VOLUME 1,CHAPTER 4,FEES,ARTICLE 4-8, SECTION 4-8-1 1. Will PRESIDEING JUDGE JAMES HAZEL speak to the Council?2. Will the applicant or spokesperson please speak to the Council on this item? Is there anyone from the public who wishes to speak on this item?(Are there any Request to Speak”forms?) 3. 4. 6i If not,this hearing is closed.5. Is there any discussion?6. Call for a motion.7. 8.Call for a second. 9.Roll call vote. n- n n Home of the Superstition Mountains Print TO:City Manager's Office James W.Hazei,Presiding Judge February 16,2010 FROM: DATE:n Agenda Type: Council Priority Focus Area: Regular Agenda TITLE OF AGENDA ITEM: PRESENTATION AND CONSIDERATION OF ORDINANCE NO.1357,ADDING NEW SUBSECTION (K)TO APACHE JUNCTION CITY CODE,VOL.I,CHAPTER 4,FEES,ARTICLE 4-8,SECTION 4-8-1. ACTION REQUESTED: Recommendation for Approval DISCUSSION /BACKGROUND INFORMATION: Ordinance No.1357 will enact:1)a new municipal court supervised probation fee of $65 for individuals who are qualified andplacedonsupervisedprobation;2)a court monitoring fee of $50;3)a court verification fee of $50 for completiorr of court-ordered education,treatment and/or counseling;and 4)a $15 failure to appear fee for missed appointments with the court compliance officer.These fees are needed to offset the expenses for a court compliance officer which will in large part bepaidforthroughafederalgrant.The grant pays for the first two years of the employment related expenses,but year three must be provided by the City through the above-noted court fees. FISCAL IMPACT: Budgetary Approval Not Required OPTIONS /ALTERNATIVES: RECOMMENDATION: Adoption. ATTACHMENTS: Click to download D Ordinance No.1357 D Staff merfio n n ORDINANCE NO.1357 AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,AMENDING VOLUME I OF THE APACHE JUNCTION CITY CODE,CHAPTER 4,FEES,ARTICLE MUNICIPAL COURT FEE SCHEDULE SECTION 4-8-1 PROBATION fees,by adding a new subsection(k)creating a new PROBATION FEE. 4-8, o WHEREAS,the City of Apache Junction administers programs and services within the municipal court;and the cost of administering such programs and servicesandprosecutingviolatorswhobenefitfromtheseprogramsand services is a substantial burden on the court and the prosecutingunitoftheCityAttorney's Office;and in sentencing misdemeanors,the court has discretion to place misdemeanants on probation;and WHEREAS, WHEREAS, WHEREAS,A.R.S.§22-404(E)allows the Mayor and City Council for court ■programs and servicestosetmunicipalcourtfees resulting from misdemeanor convictions;and WHEREAS,A.R.S.§9-240(B)(29) Council to provide the manner punishment for violations of such laws;and allows the Mayor and City of prosecution and define the WHEREAS,A.R.S.§13-901(A)allows municipal courts to assess a monthly probation fee of at least $50.00 in supervised probationcases;and the Mayor and City Council accepted $138,774.00■infederalstimulusfundsundertheAmericanRecoveryandReinvestment Act of 2009 Edward Byrne Memorial Competition,through passage ofResolutionNo. Contract Award No.2009-SC-B9-0107;and WHEREAS,n 09-13 approving application for such funds (State WHEREAS, for three years;andthese funds will pay for a court compliance officer WHEREAS,a portion of the third year is anticipated to be paidoutofprobationfeeswhicharecollectedfromindividualsplacedonprobation;and NOW,THEREFORE,BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,AS FOLLOWS: ORDINANCE NO.1357 PAGE 1 OF 3 n n SECTION I IN GENERAL 1.That Apache Junction City Code Vol I,Chapter 4,Fees,Article 4-8-,Municipal Court Fee Schedule,be amended byaddingnewsubsection(K)to Section 4-8-1,Probation Fees, to read as follows: K)Probation Fees 1)Any person accepting probation and ordered to be screened for probation qualification shall pay the cost of such screening which if done by the Apache Junction Municipal Court probation monitor,shall be a fee of sixty-five dollars ($65.00). 2)The Municipal Court shall assess each defendant placed on court-monitored probation a monitoring fee of fifty dollars ($50.00)a month and shall assess defendants ordered to complete education, treatment and/or counseling a verification fee of fifty dollars ($50.00). 3)Any person,after accepting the terms of probation,who fails to appear at the time and place set by the probation officer for an appointment with a probation officer shall be assessed a missed appointment fee in the amount of fifteen dollars ($15.00). 4)A separate collection account will be established by the City Finance Department to accrue fees paid under this section. SECTION II REPEALING ANY CONFLICTING ORDINANCES All ordinances and parts of ordinances in conflict with the provisions of this ordinance or any part of the codes adopted herein by reference are hereby repealed. SECTION III PROVIDING FOR SEVERABILITY If any section,subsection,sentence,phrase,clause or portion of this ordinance or any part of the codes or regulations adopted herein by reference is for any reason held to be invalid or ORDINANCE NO.1357 PAGE 2 OF 3 nn unconstitutional by the decision of any court of competent jurisdiction,such decision shall not affect the validity of the remaining portions thereof. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,THIS 2010. DAY OF nSIGNEDANDATTESTEDTOTHIS,2010.DAY OF JOHN S.INSALACO Mayor ATTEST: KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM: RICHARD J.STERN City Attorney ORDINANCE NO.1357 PAGE 3 OF 3 n n To:Mayor,City Council and City Manager James Hazel,Presiding Magistrate February 1,2010 Probation service fee n From: Date: Subject: As you are aware,the Apache Junction Municipal Court was awarded a federal stimulusgranttofundacourtcomplianceofficer.The court is now in the process of hiring forthatposition.As I explained to council previously,the goal is to financially support yearthreeofthegrantfromfeespaidbythoseplacedonprobation. The proposed ordinance below creates the authority to charge probation service fees.These fees are necessary to avoid the use of any general fund revenues to support theprogram. If you have any questions about this report,please do not hesitate to contact me. n n n ROLL CALL VOTE /INOTES: li n 7 i)w7 MEETING OFITEM#/ SECONDED BY:MOTION BY: ABSTAINEDYESNO 7COUNCILMEMBERWILSON COUNCILMEMBER SERDY /COUNCILMEMBER COLEMAN ■VtOE-MAYOR-ECK eeUMCILMEMBEPr^ARKE-R 7^COUNCILMEMBER DIETZ MAYOR INSALACO n ABSTAINEDISINFAVOROPPOSEDUNANIM iTOTAL n n ROLL CALL VOTE NOTES: 1 n MEETINGXDFITEM# SECONDED BY:MOTION BY: ABSTAINEDYESNO ^CE-MAY-QE-EGH COUNCILMEMBER WILSON 'COOraiTrEMBER-BARt^ER COUNCILMEMBER SERDY .fCOUNCILMEMBERDIETZ COUNCILMEMBER COLEMAN MAYOR INSALACO n ABSTAINEDOPPOSEDUNANIMSINFAVOR TOTAL ITEM NO.10 I MOVE THAT ORDINANCE NO.1357 BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. (Call upon the city clerk to read Ordinance No.1357 by title only.Majority vote required.) I MOVE THAT ORDINANCE NO.1357,AS READ BY THE CITY CLERK,(BE APPROVED AND ADOPTED)OR (BE DENIED). I MOVE THAT ORDINANCE NO.1357,AS READ BY THE CITY CLERK,BE APPROVED AND ADOPTED WITH THE FOLLOWING AMENDMENTS: I n n a Home of the Superstition Mountains iHlj Print TO:City Manager's Office Roger S.Hacker,Grants Specialist February 16,2010 FROM: DATE:n. Agenda Type: Council Priority Focus Area: Regular Agenda Economic Development TITLE OF AGENDA ITEM: PROPOSED RESOLUTION NO.10-01 AUTHORIZING THE SUBMISSION OF AN ARIZONA DEPARTMENT OF ENVIRONMENTAL QUALITY GRANT APPLICATION. ACTION REQUESTED: Recommendation for Approval DISCUSSION /BACKGROUND INFORMATION: Staff respectfully requests that the City Council adopt Resolution No.10-01 which authorizes the submission of an Arizona Department of Environmental Quality State Response grant for $7,500.The grant will enable the City to conduct a Phase I and Phase II Environmental Site Assessment on a 240 ±acre plot of State Trust land.Further,the Resolution authorizes the City Manager,or his designee,to sign the application,contracts,and grant documents. The site,a portion of the Portalis development,is bounded by the Meridian Drive alignment to the west,Ironwood Road to the east,a Pinal county industrial island to the south (i.e.Houston Avenue)and Baseline Road to the north.Additionally,theCentralArizonaProjectcanalbisectstheeasternportionofthesite. The City is interested in planning the site as a business park or a light industrial site. ^FISCAL IMPACT: Budgetary Approval Not Required OPTIONS /ALTERNATIVES: RECOMMENDATION: Staff respectfully recommends the adoption of Resolution 10-01. The grant,which had to be submitted by January 30,2010,has been awarded to the City;implementation is pending thereturnofasignedcontact. The contract,which has been reviewed by the City Attorney,is contained as an attachment. ATTACHMENTS: Click to download D Staff Report □Attachment One:Resolution No.10-01 D Attachment Two:ADEQ Grant Contract n n City of Apache Junction Development Services Department MEMORANDUM DATE:February 2,2010 nTO:The Honorable Mayor and City Council THROUGH:George Hoffman,City Manager Brad Steinke,Development Services Director FROM:Roger S.Hacker,Grants Specialist SUBJECT:Brownfields Environmental Assessment Grant REQUEST Staff respectfully requests that the City Council adopt Resolution No.10-01.See Attachment One. Resolution No.10-01 authorizes the submission a grant application to the Arizona Department of Environmental Quality (“ADEQ”)for a $7,500 State Response grant that \vill enable the City to conduct a Phase I and Phase 11 Environmental Site Assessment on a 240 ±acre plot of State Trust land.The site,a portion of the Portales development,is bounded by the Meridian Drive alignment to the west,Ironwood Road to the east,a Pinal county industrial island to the south (i.e.Houston Avenue)and Baseline Road to the north.Additionally,the Central Arizona ProjectcanalbisectstheeasternportionoftheSite. Further,the resolution authorizes the City Manager,or his designee,to sign the application, contracts,and grant documents.n BACKGROUND The City is interested in planning the site as a business park that would accommodate business park/light industrial uses.Before such development could occur,there is an immediate need to resolve the environmental and geotechnical issues possibly associated with this property.The City is concerned that the property may have environmental constraints due to the previous use and abuse of the site and that of the adjacent industrial park site.The City has documented illegal dumping and abandoned vehicles on the property over the last twenty years.Further,the propertywaslikelyusedforcattlegrazinginthepastandanecdotalinformationsuggeststhatsomeform of geotechnical piping was installed on the subject property several years ago.Further,the property lies directly north of an older industrial park within a Pinal County island.This industrial area accommodates processes and outside storage of materials and equipment that could have impacted the subject property.Since the City has had no regulatory control or jurisdiction over this older industrial park,the City is concerned that possible contamination mayhavemigratedontothissite,and that past activities related to the industrial park may haveresultedindumpingonthesubjectproperty. n n Because of time constraints imposed by ADEQ,the grant was submitted on January 30,2010. The grant has been awarded to the City;implementation is pending the return of a signed contact.The contract,which has been reviewed by the City Attorney,is contained as Attachment Two. DISCUSSIONn The activities contained in this grant will be tools for the City to use in its economic development efforts.Specifically,the activities will enable the City and the State Land Department to identify any potential environmental issues that might hinder development of this site as a business park or light industrial site.If such issues are found,it might be possible through ADEQ to secure additional funds to mitigate such issues. RECOMMENDATION Staff respectfully recommends adoption of Resolution Number 10-01. ACTION REQUIRED Adoption of Resolution Number 10-01 and direction to staff to implement. Attachment One:Resolution Number 10-01 Attachment Two:Contract with ADEQ for Brownfields Environmental Assessment Grant n 2 n n RESOLUTION NO.10-01 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF'APACHE JUNCTION,ARIZONA,AUTHORIZING THE SUBMISSION OF AN APPLICATION FOR THE BROWNFIELDS PROGRAM FOR ENVIRONMENTAL ASSESSMENT THROUGH THE ARIZONA DEPARTMENT OF ENVIRONMENTAL QUALITY BROWNFIELDS STATE RESPONSE GRANT PROGRAM AND CERTIFYING THAT THE APPLICATION: MEETS THE COMMUNITY'S IDENTIFIED ENVIRONMENTAL ASSESSMENT NEEDS;AND (2)IS NECESSARY FOR IMPLEMENTATION AND COMPLETION OF THE'ACTIVITIES OUTLINED IN THE APPLICATION. n (1) the City of Apache Junction is desirous of undertaking economic development activities;and WHEREAS, WHEREAS,the State of Arizona is administering theEnvironmentalQualityBrownfieldsStateResponseGrant Program("State Brownfields Program");and WHEREAS,the State Brownfields Program requires that the requested Brownfield funds address community social, environmental,and economic needs;and the activities within this application help toaddressthecommunity's identified economic development needs; and WHEREAS, WHEREAS,a grantee of State Brownfields Program funds isrequiredtocomplywiththeProgramguidelinesandfederal statutes and regulations. nNOW,THEREFORE,BE IT RESOLVED by the Mayor and City Council of the City of Apache Junction Arizona,as follows; SECTION 1: Staff is authorized to submit an application to the State of Arizona Department of Environmental Quality,and that the City Manager,or his designee,is authorized to sign the application, contracts and grant documents for receipt and use of State Brownfield Program funds for: A Phase I and Phase II Environmental Site Assessment on a plot of State Trust land that is bounded by the Meridian Drive alignment to the west,Ironwood Road to the east,a Pinal county industrial island to the south (i.e.Houston ■ Avenue)and Baseline Road to the north. SECTION 2: RESOLUTION NO.10-01 PAGE 1 OF 2 nn The City Manager,or his designee,is authorized to take any and all actions necessary to implement and'complete the activities submitted in the application. SECTION 3: n The application for State Brownfields Program funds furthers the needs under State guidelines for addressing commuhity needs. SECTION 4: The City of Apache Junction shall comply with all State Brownfield Program guidelines,federal statutes and regulations applicable to the State Brownfield Program and certifications contained in the applications. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION THIS DAY OF 2010. SIGNED AND ATTESTED TO THIS DAY OF 2010. JOHN S.INSALACO Mayor ATTEST: KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM: n RICHARD J.STERN City Attorney RESOLUTION NO.10-01 PAGE 2 OF 2 n n GOVERNMENT SERVICES CONTRACT ARIZONA DEPARTMENT EVlO-0087ContractNo.: Effective Date:UPON EXECUTIONOFofEnvironmentalQuality ENVIRONMENTAL QUALITY June 30,2010TerminationDate: Contract Title;Phase I/II Environmental Site Assessment nGKANTr.r,CONTRACT ADMINISTRATOR City of Apache Junction 300 E.Superstition Boulevard Apache Junction,AZ 85119 Arizona Department of Environmental Quality Contracts and Procurement Section 1110 West Washington Street.Mail Code;6415A4 Phoenix.AZ 85007-2935BradSteinke,Director Development Services Department City of Apache Junction Phone Number.(480)982-8002 Fax Number (480)982-7018 Attn: Senior Procurement Specialist;Judy A.Junge,CPPB Phone Number;(602)771 -4776 Fax Number:(602)771-4439 THIS CONTRACT is between the STATE OF ARIZONA DEPARTMENT OF ENVIRONMENTAL QUALITY[hereinafter sometimes referred to as the “Department”or “ADEQ”],established and authorized to contract pursuant to A.R.S.§49-101,and the CITY OF APACHE JUNCTION [hereinafter sometimes referred to as the “Grantee”or “City “]. The purpose of this Agreement is to provide,through the ADEQ Brownfields State Response Grant,funding on behalf of the City of Apache Junction to conduct a Phase 1 Environmental Site Assessment,and if necessary a Phase 11 Environmental Site Assessment if adequate funds are available.The site is located on 240 vacant acres of State Trust Land bounded by MeridianDrivetothewest,ironwood Road to the east,Pinal County island land to the south,and Baseline Road to the north,within Citylimits. This document,including Agreement Terms,Scope of Work,Appendices,Amendments,and any modifications approved inaccordanceherewith,shall constitute the entire Contract between the parties and supersede all other understandings,oral or written. This Agreement contains the following documents; 1.Scope of Work 2.Special Terms and Conditions 3.Exhibit A -DBE Subcontractor Participation Form -6100-2 4.Exhibit B -DBE Subcontractor Performance Form -6100-3 5.Exhibit C -DBE Subcontractor Utilization Form -6100-4 6.Exhibit D -ADEQ Logo with Printing Credit 7.Exhibit E -Example of Project Signage n IN WITNESS WHEREOF,the parties hereto agree to carry out the terms of this Agreement. ARIZONA DEPARTMENT OF ENVIRONMENTAL QUALITYCITYOFAPACHEJUNCTION AitiandaE.StonerSSdJSiSr Director,Waste Programs Division ■no*■tub Die above referenced Contract is herel^r executed this Day of .20Dale n-O. EVlO-0087 SCOPE OF WORK 1.Description: The Arizona Department of Environmental Quality (ADEQ)will provide fundingbehalfoftheCityof-Apache Junction through its Brownfields State Response Grant(SRG)to conduct a Phase I Environmental Site Assessment (ESA),and possibly a PhaseIIESAofthevacant240acresitelocatednearMeridianDrivetothewest,IronwoodRoadtotheeast,Pinal County island land to the south,and Baseline Road to the north,within the City of Apache Junction.The Phase I and Phase II ESA shall be conducted byADEQonbehalfoftheCity.ADEQ,at the request of the City,will perform the projectmanagementfunctionfortheproject. Project Tasks ADEQ Responsibilities: Manage the funds allocated for this project for the performance of this contract. Select the project Contractor from the SCC060000-A4,State of Arizona Pollutants Contract.Contractor selection process from this list shall be in accordance with Federal and State Procurement Rules and Statutes.The corresponding Task Assignment numberisEVlO-0088. The Contractor shall be properly licensed or certified to perform the work,and shallcomplywithallapplicablelawsandguidelines.ADEQ shall be responsible for ensuringthattheContractorperformsworkinaccordancewiththecontractualrequirements.ThePhaseIESAwillbeperformedinaccordancewiththeEPAAllAppropriateInquiry(AAI)rule or ASTM International's El 527-05 "Standard Practice for Environmental Site Assessments.”If a Phase II ESA is required,a Sampling and Analysis Plan (SAP)shallbedevelopedbytheContractorandapprovedbyADEQandtheEPApriortoconductinganyfieldactivities.The Phase II ESA shall be conducted in conformance with acceptable industry standards as set forth in ASTM El 903,Standard Guide forEnviromnentalSiteAssessments,Phase II Environmental Site Assessments.If petroleumorpetroleumrelatedproductsarediscovered,ADEQ will perform a “Funding EligibilityDetermination”of the site to determine if the grant can be used to fund a Phase II ESA of this contract,or subsequent cleanup of petroleum contaminants. Document through photographs project progression from start to finish per the taskassignment.These images may be used by ADEQ,the Grantee or the Environmental Protection Agency (EPA).Photographs will be provided to ADEQ Brownfields ProgramonaCD(jpeg files)or DVD separate from the final project report. Erect signage on the property such as is shown in Exhibit E of this Agreement,if a PhaseIIESAisconducted. 1.1 onn 2. 2.1 2.2 2.3 2.4 2.5 2.6 2.7 Retain documentation of all grant expenditures upon completion of the project activitiestoinclude,but not be limited to.Contractor invoices. 1 -n ----n 2.8 Review and approve documents submitted for payment for performance of projectactivities,but not limited to the draft and final reports,invoices,and the communitynotificationandoutreachplandevelopedbytheCity,if necessary. The Grantee Responsibilities: Develop and implement a community notification and outreach plan,if a Phase II ESA isconductedatthesite.The plan (no more than five pages)must be approved by theADEQBrownfieldsprogrampriortoimplementation.ITie plan must include thefollowing:a)project overview/nature of the project;b)location of the project;c)whoandhowisthecommunitybenefitingfromthisproject;d)how will the community benotifiedaboutprojectstatus,e.g.notices in water bill,city council or board meetings, etc.;and e)discussion of regular frequency project updates. Summarize the activities the City of Apache Junction has conducted and which will conduct to notify the community located at or near the site of the assessment activities and final use of the site.Provide a mechanism for community members to provide comments to the City of Apache Junction about its plans to conduct Phase Tl ESA activities at the site. 3. 3.1 n 3..2 2 nn EVlO-0087 SPECIAL TERMS AND CONDITIONS 1.Definitions;The following definitions shall apply to the terms used in this Agreement,except where the context necessarily requires otherwise. n 1.1 Department”or “ADEQ”means the Arizona Department of Environmental Quality. 1.2 Agreement”or “Contract”means this written document between ADEQ and the Grantee. 1.3 ‘Grantee”or City means “City of Apache Junction.” 1.4 ‘Project”or “Program”means the work,or any portion thereof described in this Agreement. ‘Shall”means that which is mandatory.1.5 1.6 “Subcontract”means any Contract between the Grantee and a third party to provide all or a specified part of the activities which the Grantee has contracted with the Department to provide. 1.7 “Contract”means any Agreement,expressed or implied,between the Grantee and another party or between a Grantee and another party delegated or assigned,in whole or in part,the making or furnishing of any material or any service required for the performance of the Contract between the Grantee or ADEQ and the Grantee. 1.8 “Site”means the vacant 240 acre site bounded by Meridian Drive to the west,Ironwood Road to the east,Pinal County island land to the south,and Baseline Road to the north within the City of Apache Junction,Arizona. 1.9 ‘State”means the State of Arizona. 2.Access to Information;Subject to statutory confidentiality requirements of the Grantee and ADEQ,both parties to this Agreement shall have full,complete and equal access to data and information prepared under this Agreement on a no-charge basis. Conflict:In the event of a conflict between the provisions of this Section and those of Section 3.7 of the Uniform Terms and Conditions,Property of the State,the provisions of this Section shall prevail.httD://www.azdoa.gov/agencies/spo/docs and forms.asp. n 3. 4.Amendment:This Agreement may be modified only by written Contract Amendment signed by the Director of ADEQ or his designee,and the person duly authorized to act on behalf of the Grantee.Contract Amendments shall be executed with the same formalities as this Agreement. Executed copies of any Amendment shall be provided to both parties. 5.Amount of Agreement:Total funds available for this Contract shall not exceed $7,500,unless otherwise amended in accordance with Section 4 above.This funding is an initial amount of sponsorship from ADEQ on behalf of the City for this project. 3 .n n 6.Governing Law: 6.1 This Contract shall be governed by and construed in accordance with the laws of the State of Arizona. 6.2 Implied Consent Terms:Each provision of law and any terms required by law to be in this Contract are a part of this Contract as if fully stated in it. Assignment:Neither Party may assign any rights hereunder without the express,written,prior consent of the other Party. n 7. 8.Audit of Records: 8.1 Pursuant to A.R.S.§35-214 and §35-215,the Grantee shall retain and shall contractually require each subcontractor to retain all data,books and other records (“records”)relating to this Contract for a period of five years after completion of the Contract,any litigation,claim,negotiation, audit,cost recovery,or action involving the records has been completed.All records shall be subject to inspection and audit by the State at reasonable times.Upon request,the Grantee shall produce the original of any or all such records. The City of Apache Junction is considered the recipient of the Brownfields SRG funds.In the event records of this project are audited by the EPA or its designees,and any costs disallowed by the EPA SRG Guidelines are identified,those costs must be reimbursed directly to ADEQ within 30 days of a written request. 8.2 9.Cancellation of State Contracts:Both parties may cancel this Agreement,without penalty of further obligation,pursuant to A.R.S.§38-511. 10.Contract Term;The initial term of this Agreement shall be from the commencement of signatures by both parties through June 30,2010.The Agreement may be renegotiated for additional periods,by formal Contract Amendment,subject to the requirements and/or limitations by Federal or State regulations.n 11.Contract Extension:By mutual written amendment,this Contract may be extended for supplemental periods up to a maximum of 48 months.If ADEQ exercises such rights,all Terms and Conditions of the original Contract shall remain in effect and apply during the renewal period. 12.Amendments:This Agreement may be amended at any time upon mutual written agreement of both parties.No amendment of any of the terms of this Agreement shall be effective unless it is in writing and signed by the Designated Officers of the respective parties,or their designees. Effective Date:This Agreement shall become effective on the date this Agreement is signed by both parties. 13. 14.Indemnification;To the extent permitted by A.R.S.§41-621 and §35-154,the State of Arizona shall be indemnified and held harmless by the Grantee for its vicarious liability as a result of 4 nn entering into this Contract.Each party to this Contract is responsible for its own negligence. This provision shall not apply if the Grantee is an agency of the State of Arizona. Non-Availabilitv of Funds;Every payment obligation of the State under this Contract is conditioned upon the availability of funds appropriated or allocated for the payment of such obligation.If funds are not allocated and available for the continuance of this Contract,this Contract may be terminated by the State at the end of the period for which funds are available. No liability shall accrue to the State in the event this provision is exercised,and the State shall not be obligated or liable for any future payments or for any damages as a result of termination under this paragraph. Non-Discrimination;The Grantee shall comply with Executive Order 99-4,which mandates that all persons,regardless of race,color,religion,sex,age,national origin or political affiliation, shall have equal access to employment opportunities,and all other applicable State and Federal employment laws,rules,and regulations,including the Americans with Disabilities Act.The Grantee shall take affimiative action to ensure that applicants for employment and employees are not discriminated against due to race,creed,color,religion,sex,national origin or disability. 15. n 16. 17.Notices.Correspondence.Reports and Invoices: 17.1 All notices,correspondence,reports and invoices from the Grantee shall be sent to; Arizona Department of Environmental Quality Waste Programs Division Debi Goodwin,Brownfields Project Manager mow.Washington Street Phoenix,AZ 85007 (602)771-4453 Direct dgl@azdeq.gov All correspondence relating to the execution of the Contract,clarification of this Contract,and Contract Amendments shall be sent to: 17.2 n Arizona Department of Environmental Quality Judy A.Junge,CPPB,Senior Procurement Specialist mow.Washington Street Phoenix,AZ 85007 (602)771-4776 Direct iunge.iudv@,azdeq.gov 5 n n 17.3 All notices,correspondence,and reports from the Arizona Department of Environmental Qualityshallbesentto; Brad Steinke,Director Development Services Department City of Apache Junction 300 E.Superstition Boulevard Apache Junction,AZ 85119 (480)982-8002 Direct (480)982-7018 Fax bsteinke@aicitv.net n 17.4 Either party to this Agreement may designate a new Project Manager by filing a notice with theotherpartyinaccordancewiththesenoticerequirements. Ownership of Information:Title to all documents,reports,data,and other materials prepared bytheGranteeinperformanceofthisAgreementshallrestintheADEQ,except for copyrightedmaterialpreparedinadvanceofthisAgreementbytheGranteeattheexpenseoftheGrantee.The ADEQ shall have full and complete rights to reproduce,duplicate,disclose,perform andothewiseuseallinformationpreparedunderthisAgreement,except for copyrighted materialprovidedinthisSection.The Grantee shall have full and complete rights to reproduce,duplicate,disclose,perform and otherwise use all information prepared under this Agreement with theprovisionthatallreproduction,duplication,disclosures and literature shall contain acknowledgement to ADEQ. Payment and Reporting;Payment,if applicable,and reporting shall be in accordance with theScopeofWorkandSection17oftheAgreementTerms. Personnel: The Grantee represents that it employs,or shall through subcontract,secure all personnelrequiredfortheperformanceoftheservicesunderthisAgreement.Such personnel shall not beemployeesof,nor have any contractual relationship with ADEQ unless otherwise specifiedherein. Unless otherwise specified,all the services required hereunder shall be performed by the GranteeorunderthesupervisionoftheGrantee,and all personnel engaged in the work shall be fullyqualifiedandshallbeauthorizedunderstateandlocallawtoperformsuchservices!It is furtheragreedthattheGranteewarrantsthatitisfullyqualifiedandauthorizedunderstateandlocallaw to perform the services contemplated under this Agreement. Plipting Credit:Promotional materials,such as brochures,advertisements,press releases,videos,signs,maps,technical reports,etc.developed for the project,which are funded withADEQmonies,shall show credit to ADEQ.Such items shall include the following: Another project partially funded by the Arizona Department of Environmental Quality’sBrownfieldProgram,” 18. as 19. 20. 20.1 n 20.2 21. 21.1 6 -.nn 21.2 The logo format as shown in jExhibit D of this Agreement;and 21.3 all promotional material shall be printed on recycled paper with the statement “Printed on Recycled Paper”printed on the cover sheet. n 22.Project Review: It is the responsibility of ADEQ to review and observe the progress of this Project Therefore, ADEQ reserves the right to meet with the Grantee or its subcontractors at reasonable intervals for purposes of review of the work and the progress of the Project. 22.2 ADEQ reserves the right to review and approve any and all forms,questionnaires,brochures, training materials and other special purpose documents developed by the Grantee or its subcontractors for use in the Project.All documents shall be reviewed within five business days unless otherwise mutually agreed upon. 22.1 23.Draft Document Review: The Grantee shall allow the ADEQ Brownfields Program to review all draft material prior to finalizing the material for printing and distribution,including televisioh and radio commercials, brochures,advertisements,press releases,videos,signs,maps,technical reports and other printed material developed by the Grantee as part of this project. 23.1 24.Severability;The provisions of this Agreement are severable to the extent that any proyision or application to be invalid shall not affect any other provision or application of the Agreement, which shall remain in effect without the invalid provision or application. 25.Subcontracts: The Grantee shall hot enter into any subcontract or agreement relating to this Agreement without the prior written approval of ADEQ; 25.1 n 25.2 If approval to subcontract is granted,the Grantee shall provide ADEQ with a copy of each subcontract or agreement within 30 days of its effective date. 25.3 Subcontracts shall incorporate all terms and conditions contained herein. 26.Termination: 26.1 ADEQ or the Grantee may terminate this Agreement at any time,with or without cause,after giving 30 days written notice of termination to the Grantee or ADEQ,as appropriate.The notice shall specify the effective date of termination.In the event this Agreement is terminated,with or without cause,the equipment,instruments,housing,supplies,and other materials prepared in advance of this Agreement by the Grantee at the Grantee’s expense as provided in Section 15 of this Agreement,shall become property of ADEQ. 7 n n 26.2 In the event the Agreement is terminated,with or without cause,the Grantee shall deliver allfinishedorunfinisheddocuments,data,and reports prepared as a result of this Agreement toADEQ. If the Agreement is terminated,the Grantee shall be paid for all allowable costs incurred priorthedateoftermination,subject to audit verification by ADEQ or its duly authorizedrepresentative. Third Party Antitrust Violations:The Grantee assigns to the State any claim for overchargesresultingfromantitrustviolationstotheextentthatthose:violations concern materials or services supplied by third parties to the Grantee,toward fulfillment of this Contract. Brownfields SR.G Application:The Grantee’s Brownfield SRG application dated January 25,2010,is hereby incorporated into this Agreement by reference. Estimated Usage:Any Contract resulting from this Agreement shall be used on an as needed,ifneededbasis.ADEQ makes no guarantee as to the amount of work that may be performed underanyresultingContract. Changes:ADEQ reserves the right to add or delete related services and make other changeswithinthegeneralScope,of Work as may be deemed necessary to best serve the interests of theState.All changes shall be documented in advance by Contract Amendment signed by theADEQdesignatedauthorityandtheContractor. Lobbying:Contractor shall not engage in lobbying activities,as defined in 40 CFR pt.34 andA.R.S.§41-1231 et seq.,using monies awarded under this Agreement.Contractor shall disclose all lobbying activities to ADEQ or the other Eligible Agencies to the extent they are an actual orpotentialconflictofinterestorwheresuchactivitieswouldcreateanappearanceofimpropriety.Contractor shall implement and maintain adequate controls to assure that monies awarded under this Contract shall not be used for lobbying.All proposed subcontractors shall be subject to thesamelobbyingprovisionsstatedabove.Contractor must include anti-lobbying provisions in allContractswithsubcontractors. Offshore Performance of Work Prohibited;Due to security and identity protection concerns,allservicesunderthisContractshallbeperformedwithinthebordersoftheUnitedStates.All storage and processing of information shall be performed within the borders of the United States. This provision applies to work performed by subcontractors at all tiers. Federal Immigration and Nationality Act;The Contractor shall remain in compliance with allfederal,state and local immigration lavys and regulations relating to the immigration status oftheiremployeesduringthetermoftheContract.Further,the Contractor shall flow down this requirement to all subcontractors utilized during the term of the Contract.The State shall retain the right to perform random audits of Contractor and subcontractor records or to inspect papersofanyemployeethereoftoensurecompliance.Should the State determine that the Contractor and/or any subcontractor be found noncompliant,the State may pursue all remedies allowed bylaw,including,but not limited to;suspension of work,cancellation of the Contract and suspension and/or debarment of the Contractor. 26.3 to O 27. 28. 29. 30. 31. n 32. 33. 8 n 34.Compliance Requirements for A.R.S.§41-4401 Government Procurement:E-Verify Requirement: n 34.1 The Contractor warrants compliance with all Federal immigration laws and regulations relatingtoemployeesandwarrantsitscompliancewithSectionA.R.S.§23-214,Subsection A.(Thatsubsectionreads:“After December 31,2007,every employer,after hiring an employee,shallverifytheemploymenteligibilityoftheemployeethroughtheE-Verify program.) A breach of a warranty regarding compliance with immigration laws and regulations shallbedeemedamaterialbreachoftheContractandtheContractormaybesubjecttopenalties up toandincludingterminationoftheContract. Failure to comply with a State audit process to randomly verify the employment records ofContractorsandsubcontractorsshallbedeemedamaterialbreachofthecontractandthe contractor may be subject to penalties up to and including termination of the contract. The State Agency retains the legal right to inspect the papers of any employee who works on theContracttoensurethattheContractororsubcontractoriscomplyingwiththewarrantyunderparagraph34.1. Deliverables and Project Reporting:Per the ADEQ procedures,ail employees must ensure that any public outreach,written or verbal,illustrating the ADEQ logo must be referred to the Public Information Officer and or Publications Director for coordination and approval. A payment schedule shall be based on each individual project time line,reports and deliverables.A project update shall be submitted with each project's payment request. The cost of each tracking report will be mutually agreed upon,and payment shall be madeafterthetrackingreportissubmittedandapprovedbyADEQ.No advanced payments shall be authorized. 34.2 34.3 34.4 35. 35.1 35.2 n 36.Environmental Protection Agency (EPAI Solicitation Requirements: If subcontractors are to be used in the performance of this contract,prime contractors shall make a good faith effort to hire Disadvantaged Business Enterprises (DBE). An Offeror’s proposal shall provide written verification that they have hired or attempted to hireaDBE.Offeror shall provide the names of the DBE companies contacted and a point of contact with your bid/proposal.Failure to provide this information may result in a lower evaluation score. 36.1 36.2 36.3 The contractor shall not discriminate on the basis of race,color,national origin or sex in the performance of this contract.The contractor shall carry out applicable requirements of 40 CFR, part 33 in the award and administration of contracts awarded under the EPA financial assistance agreements.Failure by the contractor to carry out these requirements is a material breach of this contract which may result in the termination of this contract or other legally available remedies. 9 n T)-- 37.Environmental Protection Agency (EPA)Contract Administration Requirements: When a contracts funding is provided in full or in part by EPA grant money,all subcontractorsshallbepaidnolaterthan30daysaftertheprimecontractorispaidbyADEQ. ADEQ shall be notified in writing (within seven (7)days),if the prime contractor terminates aDisadvantagedBusihessEnterprise(DBE)subcontractor for convenience or performance issues.The prime contractor shall provide ADEQ with written information regarding a replacementsubcontractororiftheprimecontractorwillperformtheworkthemselves.Furthermore,when a DBE subcontractor is terminated or fails to complete its work under the subcontract,ADEQrequiresthattheprimecontractormakegoodfaitheffortstohireDBEsiftheychoosetohireanewsubcontractor. 37.1 37.2 n 38.See attached EPA documents. 38.1 Exhibit A -DBE Subcontractor Participation Form -6100-2 Exhibit B -DBE Subcontractor Performance Form -6100-3 Exhibit C -DBE Subcontractor Utilization Form -6100-4 38.2 38.3 39.Certification of Small Businesses and Disadvantaged Business Enterprises (DBE):It is highly recommended that small businesses and DBEs get certified as such.EPA reporting requirementshavechangedanditisinthebestinterestsofsuchbusinessestobecomecertifiedassoonas possible.Getting certified is typically free and does not take much of the small or DBE businesses time.Several certifying agencies are as follows;City of Phoenix,City of Tucson, Small Business Association (SBA),Arizona Department of Transportation (ADOT)and Environmental Protection Agency (EPA). n 10 nn Exhibit A 0MB Control No; Approved: Approval Expires Environmental Protection Agency Disadvantaged Business Enterprise Program DBE Subcontractor Participation Form NAME OF SUBCONTRATOR'PROJECT NAME ADDRESS CONTRACT NO. TELEPHONE NO.E-MAIL ADDRESS PRIME CONTRACTOR NAME Please use the space below to report any concerns regarding the EPA-funded project fe.g..reason forterminationbyprimecontractor,late payment,etc.): CONTRACT ITEM NO. ITEM OF WORK OR DESCRIPTION OF SERVICES RECEIVED FROM THE PRIME CONTRACTOR AMOUNT SUBCONTRACTOR WAS PAID BY PRIME CONTRACTOR Subcontractor Signature Title/Date 'Subcontractor is defined as a company,firm,joint venture,or individual who enters into an agreement with a contractor to provide services pursuant to an EPA award of financial assistance. EPA FORM 6100-2 (DBE Subcontractor Participation Form) 11 n n OMB Control No: Approved: Approval Expires Environmental Protection Agency n Disadvantaged Business Enterprise Program DBE Subcontractor Participation Form The public reporting and recordkeeping burden for this collection of information is estimated to averagefifteen(15)minutes.Burden means the total time,effort,or financial resources expended by persons to generate,maintain,retain,or disclose or provide information to or for a Federal agency.This includesthetimeneededtoreviewinstructions;develop,acquire,install,and utilize technology and systems forthepurposesofcollecting,validating,and verifying information,processing and maintaininginformation,and disclosing and providing information;adjust the existing ways to comply with anypreviouslyapplicableinstructionsandrequirements;train persoimel to be able to respond to a collectionofinformation;search data sources;complete and review the collection of information;and transmit or otherwise disclose the information.An agency shall not conduct or sponsor,and a person is not requiredtorespondto,a collection of information unless it displays a currently valid OMB control number. Send comments on the Agency’s need for this information,the accuracy of the provided burdenestimates,and any suggested methods for minimizing respondent burden,including the use of automatedcollectiontechniquestotheDirector,Collection Strategies Division,U.S.Environmental Protection Agency (2822),1200 Pennsylvania Ave.,NW,Washington,D.C.20460.Include the OMB control number in any correspondence.Do not send the completed EPA DBE Subcontractor Participation Form to this address. n 12 n n Exhibit B 0MB Control No; Approved: Approval Expires Environmental Protection Agencyn Disadvantaged Business Enterprise Program DBE Subcontractor Performance Form INAMEOFSUBCONTRATOR PROJECT NAME ADDRESS BID/PROPOSAL NO. TELEPHONE NO,E-MAIL ADDRESS PRIME CONTRACTOR NAME CONTRACT ITEM ITEM OF WORK OR DESCRIPTION OF SERVICES BID TO PRIME PRICE OF WORK SUBMITTED TO PRIME CONTRACTOR NO. n Currently certified as an MBE or WBE under EPA’s DBE Program Yes No Signature of Prime Contractor Date Print Name Title Signature of Subcontractor Date Print Name Title 'Subcontractor is defined as a company,firm,joint venture,or individual who enters into an agreement with a contractor to provide services pursuant to an EPA award of financial assistance. EPA FORM 6100-3 (DBE Subcontractor Performance Form) 13 n-n OMB Control No: Approved: Approval Expires Environmental Protection Agency n Disadvantaged Business Enterprise Program DBE Subcontractor Performance Form The public reporting and recordkeeping burden for this collection of information is estimated to average fifteen (15)minutes.Burden means the total time,effort,or financial resources expended by persons to generate,maintain,retain,or disclose or provide information to or for a Federal agency.This Includes the time needed to review instructions;develop,acquire,install,and utilize technology and systems for the purposes of collecting,validating,and verifying information,processing and maintaining information,and disclosing and providing information;adjust the existing ways to comply with any previously applicable instructions and requirements;train personnel to be able to respond to a collection of information;search data sources;complete and review the collection of information;and transmit or otherwise disclose the information.An agency shall not conduct or sponsor,and a person is not required to respond to,a collection of information unless it displays a currently valid OMB control number. Send comments on the Agency’s need for this information,the accuracy of the provided burden estimates,and any suggested methods for minimizing respondent burden,including the use of automated collection techniques to the Director,Collection Strategies Division,U.S.Environmental Protection Agency (2822),1200 Pennsylvania Ave.,NW,Washington,D.C.20460.Include the OMB control number in any correspondence.Do not send the completed EPA DBE Subcontractor Participation Form to this address. n 14 nn Exhibit C 0MB Control No: Approved: Approval Expires Environmental Protection Agencyn Disadvantaged Business Enterprise Program DB£Subcontractor Utilization Form BID/PROPOSAL NO.PROJECT NAME NAME OF PRIME BmDER/PROPOSER E-MAIL ADDRESS ADDRESS I FAX NO.TELEPHONE NO. The following subcontractors'will be used on this project: COMPANY NAME,ADDRESS,PHONE NUMBER,AND E-MAIL ADDRESS TYPE OF WORK TO BE PERFORMED ESTIMATED DOLLAR AMOUNT CURRENTLY CERTIFIED AS AN MBE OR WBE? I certily under penalty of perjury that the forgoing statements are true and correct.In the event of a replacement of a subcontractor,1 will adhere to tlie replacement requirements set forth in 40 CFR Part 33 Section 33.302(c). Signature of Prime Contractor Date Print Name Title 'Subcontractor is defined as a company,firm,joint venture,or individual who enters into an agreement with a contractor to provide services pursuant to an EPA award of financial assistance. EPA FORM 6100-4 (DBE Subcontractor Utilization Form) 15 n n OMB Control No; Approved: Approval Expires Environmental Protection Agency n Disadvantaged Business Enterprise Program DBE Subcontractor Utilization Form The public reporting and recordkeeping burden for this collection of information is estimated to average fifteen (15)minutes.Burden means the total time,effort,or financial resources expendedbypersonstogenerate,maintain,retain,or disclose or provide information to or for a Federal agency.This includes the time needed to review instructions;develop,acquire,install,and utilizetechnologyandsystemsforthepurposesofcollecting,validating,and verifying information,processing and maintaining information,and disclosing and providing information;adjust theexistingwaystocomplywithanypreviouslyapplicableinstructionsandrequirements;trainpersonneltobeabletorespondtoacollectionofinformation;search data sources;complete andreviewthecollectionofinformation;and transmit or oAerwise disclose the information.An agency may not conduct or sponsor,and a person is not required to respond to,a collection ofinformationunlessitdisplaysacurrentlyvalidOMBcontrolnumber. Send comments on the Agency’s need for this information,the accuracy of the provided burdenestimates,and any suggested methods for minimizing respondent burden,including the use ofautomatedcollectiontechniquestotheDirector,Collection Strategies Division,U.S.Environmental Protection Agency (2822),1200 Pennsylvania Ave.,NW,Washington,D.C.20460.Include the OMB control number in any correspondence.Do not send the completed EPADBESubcontractorParticipationFormtothisaddress.n 16 nn. EVlO-0087 Exhibit D ADEQ LOGO WITH PRINTING CREDIT ADEQ;Arizona Department^^JofEnvironmentalQuality n i Janice K.Brewer,Governor Benjamin H.Grumbles,Director n 17 EVlO-0087 Exhibit E Example of Project Signage ii%i?7.A M I ,.o!■: This property is beinq investigated tassesstheextentdl^contamination dtohistoricaloperationsatthissite Once assessment is complete,a cleanupplanwillbedevisedifnecessary r1h 5 J r. t'li TWBII iii Funding for this project is paid in part by t,\v tv-Arizona Department oHnvironmenlal QualitA- I.••.Kf.! $s.>7^•;savv:v,w t-S.■'■mr-n;■mmm im"' ■M.f■.y ‘Xf k'i AXthj.i.■{>/■X;I'f-i ’<5Ci’%i MM %.my•h.X ■x-•<<mmmmmmili 18 V-V V nn ROLL CALL VOTE INOTES: Z n V (i MEETING.OFITEM# SECONDED BY:MOTION BY: ABSTAINEDYESNO eeUNCILM^MBER DARKER fCOUNCILMEMBERCOLEMAN tCOUNCILMEMBERWILSON COUNCILMEMBER DIETZ -VieE-MAYOR ECK COUNCILMEMBER SERDY MAYOR INSALACO n ABSTAINEDINFAVOROPPOSEDUNANIMOUS TOTAL o ITEM NO.11 I MOVE THAT RESOLUTION NO.10-01,A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,AUTHORIZING THE SUBMISSION OF AN APPLICATION FOR THE BROWNFIELDS PROGRAM FOR ENVIRONMENTAL ASSESSMENT THROUGH THE ARIZONA DEPARTMENT OF ENVIRONMENTAL QUALITY BROWNFIELDS STATE RESPONSE GRANT PROGRAM AND CERTIFYING THAT THE APPLICATION:(1)MEETS THE COMMUNITY’S IDENTIFIED ENVIRONMENTAL ASSESSMENT NEEDS;AND (2)IS NECESSARY FOR IMPLEMENTATION AND COMPLETION OF THE ACTIVITIES OUTLINED IN THE APPLICATION,(BE APPROVED)OR (BE DENIED). nn City ofApache Junction Home of the Superstition Mountains Print TO:City Manager's Office Bryant Powell,Assistant City Manager February 16,2010 FROM: DATE:r\ Agenda Type : Council Priority Focus Area: Regular Agenda Community Infrastructure TITLE OF AGENDA ITEM: PRESENTATION AND DISCUSSION ON THE EXPANSION OF THE CENTRAL ARIZONA COLLEGE CAMPUS. ACTION REQUESTED: Presentation and Discussion DISCUSSION /BACKGROUND INFORMATION: Presentation and discussion by John Irvin of Central Arizona College (CAC)and City staff regarding CAC’s expansion planoverthenext30years. FISCAL IMPACT: OPTIONS /ALTERNATIVES- ^RECOMMENDATION; ATTACHMENTS: Click to download No Attachments Available V central arizona college superstition mountain campus master pian update august 2009 Current Aerial View of the Superstition Mountain Campus Presently bordered by: •Old West Highway (North)slanted road 3 •Idaho (West) •Winchester (East) •Broadway (South with land extending further south over Broadway) Current features: w Sir i 3 m yt-r It¥J •58,000 square feet on 58 acres •1,100 students -equivalent to 450 full-time students ft- fg^*,111-s.VjMmfti-S N »■»'{ Vt PtS* -1.••‘M •>t 3..g-i»*5X richarci +bauer.HePS ..■■■■-■■■ Proposed SMC Master Plan Concept •CAC is formally requesting the abandonment of Broadway Avenue from Idaho Road to Winchester Road by the Apache Junction City Council to facilitate the expansion of the Superstition Mountain Campus.(Yellow Arrow) •CAC will reimburse the city for installation of a traffic signal at the intersection of Old West Highway and Winchester Road (Green Arrow) and half-street improvement on Winchester. (Purple Arrow) •Concept includes more than 500,000 squarefeet,2,500 parking spaces to accommodate 5,000 3 full-time students. 3 Broadway•“fei V • ■'.'j t-i't•^-i-'','V-,vi'.--'v i t/-:ft •A».'ii;'5vyrL ;%•:’S'%t ■ { f i-i-.a*"V 1;M-Zm >•The SMC expansion could become the keystone of future economic development in Apache Junction. '1 ‘i mm 7'f-r « ■WM'■y<? ^2I.'j*it i:4 .V..I h i 'K'"‘a i</ 4 if V*.»'•CAC desires to create a “New Front Door”to the campus (Red Arrow). ■SM-f W.'i iii,' m V?:li • Pi -fTT ij 1>[V» 4 New Front Door -Future of the Superstition Mountain Campus View looking northeast from Broadway &Idaho enhances beauty of the region The abandonment of Broadway is necessary to fully develop this vision '■■'\\'\s )rT<^»,-■(V I ''4!i..i'L 't n;■s V-••->i;V.„V:\^v i \(■5 'A Immmm \'I j )!'.^sm^ccEs?^^’JENTflYMONUtW^II\•'V <A-■1 ;P./1-^;vK]“J ..'»i V Jit)X / JI/ i r !.;'V-y MULTI-PURPOSEs / /-f ( Jhs I rRECBKTIONALAREA,i /A •/a 'i ti\X \k'iJi ! 4'•i {■j: ? I ni I )RETENTION '-^f^»)ris■{fl :N.,3>'J'wiNCHismmo' Master Plan Concept -Rerouting of Broadway Avenue •Entrances and exits from Idaho (top of page)and Winchester (bottom left) •The master plan reroutes Broadway from Idaho to Winchester through the campus loop •Roadway will be owned and operated by CAC •Overhead utilities that currently exist along the CAC property line (on Winchester,Old West Highway &Broadway)will be placed underground. V '.jr?''FI i -* \fiIs\\t ,/I-J t\.I ^i‘fH!r ,\^m;V\\ ( J/11 ,\id!/'1 */ / * •)!'/I Dretention basin 2 /--I / t !J h I A ' !*I >>. .'U . ? I. 1-f ‘T',,I % 7/,/.Ifj r basin 1.Al ! 7f Helping Apache Junction manage Water Retention &Flow •CAC will install a water detention basin of 15 acre feet for offsite flow in addition to the required onsite retention. A\- •;i.‘■V.\/--Jl. I I .■K tc.. ./' n’-‘^1-''i '1 .-‘ vr::^- 1^-,- 3I•■,*••-I i. ;c-,;;-•• j"/ / n / .Q^y i! >rf '''..•N ,• V -A r /.Ij'..-\\..f i.hiV'V /-o,/■::■■'Jj- REIENTION -V'1--f ifiteoretion of existing campus with new ^.:3'■■'-^mcHEsm ! ROAD - -■i ‘-—.Lrlr<i-i-'t..--i- In the First Phase,CAC will •Fund the traffic signal at Old West Highway &Winchester Road Fund improvements along Winchester Place overhead utilities currently along Broadway underground Install at least 3 acre feet of water detention — Central Arizona College if % m central arizona college superstition mountain campus master plan update august 2009rJchard+bauar I ( ITEM NO.12 DISCUSSION ITEM ONLY -NO ACTION AT THIS TIME nn a Home of the Superstition Mountains Print TO:City Manager's Office George Hoffman,City Manager February 16,2010 FROM: DATE:n Agenda Type: Council Priority Focus Area: Regular Agenda TITLE OF AGENDA ITEM: PRESENTATION.DISCUSSION AND CONSIDERATION OF RESOLUTION NO.10-04 TO THE ARIZONA STATE PARKS BOARD SUPPORTING CAPITAL IMPROVEMENTS AT LOST DUTCHMAN STATE PARK. ACTION REQUESTED: DISCUSSION /BACKGROUND INFORMATION: Resolution No.10-04 to the Arizona State Parks Board would support capital improvements at Lost Dutchman State Park. FISCAL IMPACT: OPTIONS/ALTERNATIVES: RECOMMENDATION:n ATTACHMENTS: Click to download No Attachments Available nn ROLL CALL VOTE NOTES: Zi. n MEETING OFITEM#\ I SECONDED BY:MOTION BY: ABSTAINEDYESNO COUNCILMEMBER SERDY VICE MAYOR ECK .7COUNCILMEMBERDIETZ COUNCILMEMBER WILSON 7COUNCILMEMBERCOLEMAN COUNCILMEMBER BARKER MAYOR INSALACO n ABSTAINEDINFAVOROPPOSEDUNANIMO TOTAL ITEM NO.13 I MOVE THAT RESOLUTION NO.10-04,A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA, n Horn of the Superstition Mountains Print TO:City Manager's Office George Hoffman,City Manager February 16,2010 FROM: DATE:n Agenda Type : Council Priority Focus Area: Regular Agenda TITLE OF AGENDA ITEM: COUNCIL DIRECTION TO STAFF ON THE EXTENSION OF THE .2%CITY SALES TAX. ACTION REQUESTED: DISCUSSION /BACKGROUND INFORMATION: Council direction to staff on extending the .2%City sales tax to support City operations. FISCAL IMPACT: OPTIONS /ALTERNATIVES: RECOMMENDATION:o ATTACHMENTS: Click to download No Attachments Available nn ROLL CALL VOTE/.1^\ NOTES: n MEETINGLOFITEM# I AL V- SECONDED BY:MOTION BY: ABSTAINEDYESNO tCOUNCILMEMBERCOLEMAN COUNCILMEMBER DIETZ /COUNCILMEMBER SERDY ©OUWCItMEMBER-aAEKEB /COUNCILMEMBER WILSON C.VICE MAYQR-EGIC. MAYOR INSALACO n ABSTAINEDINFAVOROPPOSEDUNANIMi TOTAL ITEM NO.14 I MOVE THAT THE FOLLOWING DIRECTION BE GIVEN TO STAFF REGARDING THE EXTENSION OF THE .2%CITY SALES TAX: n n ROLL CALL VOTE NOTES: Z tn 77 \HiO MEETING OFITEMr \ SECONDED BY:MOTION BY: ABSTAINEDNOYESLv7COUNCILMEMBERDIETZ COUNCILMEMBER BARKER VICE MAYOR ECK aCOUNCILMEMBERCOLEMANT.fCOUNCILMEMBERSERDY COUNCILMEMBER WILSON MAYOR INSALACO n. ABSTAINEDOPPOSEDINFAVORUNANIMOUS TOTAL I ITEMS NO.15 &16 I MOVE THAT AN EXECUTIVE SESSION AT 5:45 P.M.AND A WORK SESSION AT 7:00 P.M.BE HELD ON MONDAY,MARCH 1,2010,IN THE CITY COUNCIL CONFERENCE ROOM AND CITY COUNCIL CHAMBERS RESPECTIVELY;AND THAT AN EXECUTIVE SESSION AT 5:45 P.M.BE HELD ON TUESDAY,MARCH 2, 2010,IN THE CITY COUNCIL CONFERENCE ROOM. ADJOURNMENT: I MOVE THAT THE MEETING BE ADJOURNED AT P.M. I n ROLL CALL WS REG. 1 V 1° SPEC. CITY COUNCIL. P / iii A P / A P I A �•r MAYOR INSALACO I�l VICE MAYOR ECK COUNCILMEMBER BARKER ( ir COUNCILMEMBER COLEMAN COUNCILMEMBER DIETZ 7 COUNCILMEMBER SERDY / COUNCILMEMBER WILSON V/ TOTAL 02/ CITY STAFF 9I(� City Manager George Hoffman Assistant City Manager Bryant Powell City Clerk Kathleen Connelly City Attorney Joel Stern ✓ Public Safety Director Jerald Monahan City Engineer Giao Pham Parks & Recreation Director Jeff Bell VVV Finance Director Donna Meinerts Public Works Director David Fern Development Svcs. Director Brad Steinke Human Resources Director Liz Riley Planning Manager Fred Baker Economic Development Director Steve Filipowicz Assistant ssisMatt t sby the City Manager ,� OTHERS 60/ OKI -pp , ffy2 Date: 1� - it City of Apache Junction Item No. Request to Speak Form or Call to The Public (One Form Per Item) Please fill out completely and return to the City Clerk prior to the conclusion of the City Manager's Report portion of the agenda. Do you wish to speak before Council on this item? YesX No❑ Only If Necessary ❑ ❑ I am in favor of the proposed Item. ❑ I am opposed to the proposed Item. Name (Print) Sof 5� 5 I evy1e Address City Zip Code 30\ `t cL - Telephone This information will be used by staff for follow-up, if necessary. Speakers are requested to directly address their agenda item and address their comments to the Mayor and City Council. Please limit Call to the Public comments to no more than three minutes and five minutes for Public Hearing items. 8/18/09 Date: a//b(t/7. City of Apache Junction Item No. Request to Speak Form or Call to The Public (One Form Per Item) Please fill out completely and return to the City Clerk prior to the conclusion of the City Manager's Report portion of the agenda. Do you wish to speak before Council on this item? Yes)( No Only If Necessary- !<1 am in favor of the proposed Item. ❑ I am opposed to the proposed Item. Name (Print) (q3'( 4. 4 3 Address City Zip Code oa --2 --t3t Telephone C , This information will be used by staff for follow-up, if necessary. Speakers are requested to directly address their agenda item and address their comments to the Mayor and City Council. Please limit Call to the Public comments to no more than three minutes and five minutes for Public Hearing items. 8/18/09 Date: Ua/ ��� City of Apache Junction Item No. Request to Speak Form or Call to The Public (One Form Per Item) Please fill out completely and return to the City Clerk prior to the conclusion of the City Manager's Report portion of the agenda. Do you wish to speak before Council on this item? Yes' No❑ Only If Necessary ❑ ' ❑ I am in favor of the proposed Item. ❑ I am opposed to the proposed Item. C/V-Pag) Name (Print) /2 ( 472- Address City Zip Code Telephone This information will be used by staff for follow-up, if necessary. Speakers are requested to directly address their agenda item and address their comments to the Mayor and City Council. Please limit Call to the Public comments to no more than three minutes and five minutes for Public Hearing items. 8/18/09 Date: fb City of Apache Junction Item No. Request to Speak Form or Call to The Public �f (One Form Per Item) Please fill out completely and return to the City Clerk prior to the conclusion of the City Manager's Report portion of the agenda. Do you wish to speak before Council on this item? Yek No❑ Only If Necessary ❑ E I am in favor of the proposed Item. ❑ I am opposed to the proposed Item. Name (Print) Arc 46.dc(--c, gcIig Address City Zip Code 6/ Telephone ' This information will be used by staff for follow-up, if necessary Speakers are requested to directly address their agenda item and address their comments to the Mayor and City Council. Please limit Call to the Public comments to no more than three minutes and five minutes for Public Hearing items. 8/18/09 Date: .p- 1 G tO City of Apache Junction Item No. Request to Speak Form or Call to The Public (One Form Per Item) Please fill out completely and return to the City Clerk prior to the conclusion of the City Manager's Report portion of the agenda. Do you wish to speak before Council on this item? Yeske:K No Only If Necessary E 1 am in favor of the proposed Item. ❑ I am opposed to the proposed Item. \-\<< i Name (Print) Address City Zip Code Telephone C This information will be used by staff for follow-up, if necessary. Speakers are requested to directly address their agenda item and address their comments to the Mayor and City Council Please limit Call to the Public comments to no more than three minutes and five minutes for Public Hearing items. 8/18/09