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HomeMy WebLinkAbout2010 06.01 City Council Regular AgendaPLEASE FILL OUT A “REC^.ST TO SPEAK”FORM IF YOU WISH TO ADDFf^THE COUNCIL AT CALL TO THEPUBLICORONANYNON-PUBLIC HEARING ,,cM. City ofApach Junction 'Home of'the Superstition Momitahis APACHE JUNCTION CITY COUNCIL CITY COUNCIL CHAMBERS 300 EAST SUPERSTITION BOULEVARD APACHE JUNCTION,ARIZONA 85219n REGULAR MEETING AGENDA June 1,2010 7:00 PM A.CALL TO ORDER. B.INVOCATION AND PLEDGE OF ALLEGIANCE, c.roll call D.CONSENT AGENDA. The Council may,at this time,take singie action on any or ail items listed as consent agenda items.These items may include,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 Council may remove anyitemfromtheConsentAgendafordiscussionandcauseaseparatevoteonthematterlaterinthe.agenda. Acceptance of Agenda.1. 2.Approval of Minutes of Regular Meeting of May 18,2010. 3.Consideration of PW 2009-04,Ironwood Drive Improvements,award of bid to Visus Engineering Construction,Inc.in the amount of $534,600.00. Ironwood Drive Improvements from Tepee Street to Lost Dutchman Boulevard Project PW 2009-04 includes.removal of asphalt pavement,installation of new asphalt pavement,base material,adjustment of existing utilities and other'street related improvements. Bid was advertised and twelve responses were received.Base bids ranged from $486,000.00 to $644,253.66. The Public Works Department recommends award to Visus Engineering Construction,Inc.for their base bid in the amount of $486,000.00 plus 10%for unforeseen changes for a total of $534,600.00. Consideration of Proposed Resolution No.10-13,authorizing the use of local funds as leverage for the City's Fiscal Year 2010 Community Development Block Grant application. As part of the application requirements for submission of a Community Development Block Grant application,a resolution is required if local funds are to be used as leverage.Resolution No.10-13 reflects $88,356.00 as local leverage for the Plaza Drive Redevelopment project. n... 4. E.AWARDS,PRESENTATIONS AND PROCLAMATIONS. Awards,presentations from other organizations,proclamations issued by the mayor,and acknowledgement of distinguished guests and visitors,and staff presentation of receipt of grant or donated funds are permitted at this time. 5.PRESENTATION OF DONATION TO THE CITY BY THE LOST DUTCHMAN MARATHON COMMITTEE. ‘Lost Dutchman Marathon,Ihc.has requested time to present donations to the Park and Recreation Department Scholarship Fund and Apache Junction .Police Department Auxiliary. 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 J such items except for clarifying comments ^sai^Jed to substance,time and location n G.CITY MANAGER’S REPORT. 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 clarificationinquiries. 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.AllremarksshallbeaddressedtotheCouncilasawholeandnottoanymemberthereof.Such remarks shall be limited to five (5)minutes unlessadditionaltimeisgrantedbytheMayor.This time limitation shall not apply to applicants and their agents appearing before the Council. nNone. OLD BUSINESS. The Council shall consider any business that has been previously considered and which is still unfinished to include those items previouslypostponedortabled.No member of the public shall be permitted to speak on these items unless invited to do so by the Mayor after firstsubmittingawritteprequest-to-speak form with the City Clerk. None. J-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 invitedtodosobytheMayorafterfirstsubmittingawrittenrequest-to-speak form with the City Clerk. PRESENTATION AND DISCUSSION ON HOUSE BILL 2246 (REPRESENTATIVE BIGGS),FIREWORKSLEGISLATIONANDLOCALREGULATION. Representatives from the Apache Junction Fire District will provide an overview of the newly passed House Bill 2246 and its effects to the City of Apache Junction. PRESENTATION AND DISCUSSION ON THE FISCAL YEAR (FY)2009-2010 COUNCIL WORK PLAN. City Council adopted its FY 2009-10 Work Plan in August 2009.Staff will provide a summary of the accomplishments of City Councilwithregardtothisworkplan. PRESENTATION AND DISCUSSION ON RESOLUTION NO.10-17 AUTHORIZING THE SUBMISSION OF AGRANTAPPLICATIONTOTHEBUREAUOFJUSTICEASSISTANCEFISCALYEAR2010BYRNEMEMORIALJUSTICEASSISTANCEGRANT(JAG). Staff respectfully requests the adoption of Resolution No.10-17 which w/ould authorize the submission of a grant application($17,625.00)to obtain electronic ticketing equipment and related software.The Resolution also stipulates that the City may provide 'up to $470.00 In cash to match the funds provided by the grant.The total cost of the project is $18,094.00. To fulfill grant stipulations,the Resolution will be brought back for consideration at the public hearing portion of the June 15,2010councilmeeting. K.COUNeiL DIRECTION TO STAFF. This item allows the Mayor and City Council to direct staff on specifically listed matters. 10. 7. 8. 9. COUNCIL DIRECTION TO STAFF ON TRANSPORTATION EQUITY ACT FOR THE 21ST CENTURY (TEA-21)PROPOSED STATE PROJECTS FOR ROUND 18 FUNDING. Staff respectfully requests that the City Council review and discuss the TEA-21 State projects presented by staff.If the Council decides to submit a State project in this round of funding,staff will seek adoption of a resolution authorizing submission of the grantapplicationduringtheJune15,2010 City Council meeting.■ 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,JUNE 14,2010. EXECUTIVE SESSION AT 5:45 P.M.FOR TUESDAY,JUNE 15,2010.OTHER MEETINGS IF NECESSARY. Wl-CALL TO PUBLIC. 11. 12. \ n nAtthistimethepubiichastheprivi.^^j to address the Council with requests,communica.,.is,comments or suggestions relating to City business that are not listed on the agenda.All speakers must have already submitted a written "Request to Speak’’form to the City Clerk no later than the conclusion of the City Manager’s Report portion of the agenda.If there is a group speaking on the same item,they should select a spokesperson.All such remarks shall be addressed to the Council as a whole and not to any member thereof.The Mayor is authorized to ask a speaker to stop speaking and leave the podium or to adjourn the meeting if anyone becomes disorderly,uncivil,makes personal attacks or continues to speak about items that are not within the jurisdiction of the city after being warned such issues are beyond the jurisdiction of the city to act.The Council may not answer questions of the speaker,discuss the matter with one another,but may,at the,conclusion:1)respond to criticism by a speaker;2)ask the City Manager to review a matter;3)ask the City Manager to place the matter on a future agenda.Each speaker must approach the podium,speak into the microphone,provide their name and address.There is a three (3)minute time limit per speaker. N.ADJOURNMENT. ny Copies of this agenda and additional information regarding any of the items listed above may be obtained from the City Clerk’s office: 300 East Superstition Boulevard,Apache Junction,AZ Monday through Friday,8:00 a.m.to 5:00 p.m.,excluding holidays 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. r) n n CITY COUNCIL REGULAR MEETING MAY 18,2010 The regular meeting of the City Council of the City of Apache Junction,Arizona,was held on May 18,2010,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 7:04 p.m. INVOCATION Councilmember Coleman gave the Invocation. PLEDGE OF ALLEGIANCE Councilmember Wilson led the Pledge of Allegiance. ROLL CALL Councilmembers Present:Mayor Insalaco vice Mayor Eck Councilmember Barker Councilmember Coleman Councilmember Dietz Councilmember Serdy ■‘Councilmember Wilson n staff Present:Assistant City Manager Bryant Powell- City Clerk Kathleen Connelly City Attorney Joel Stern Captain Tom Kelly Public Works Director David Fern Others Present:Administrative Assistant Barbara Duft Captain Troy Mullender REGULAR MEETING OF THE CITY COUNCIL MAY 18,2010 PAGE 1 OF 6 nn ACCEPTANCE OF CONSENT AGENDA Vice Mayor Eck MOVED THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED;AND THAT APPROVAL BE GIVEN TO RESOLUTION NO.10-11,APPROVING THE' SUBMITTAL OF A GRANT APPLICATION TO THE AK-CHIN INDIAN COMMUNITY FOR PROPOSITION 202 FUNDS;AND THAT APPROVAL BE GIVEN TO THE SEVENTH AMENDMENT TO THE CABLE SYSTEM LICENSE AGREEMENT BETWEEN THE CITY OF APACHE JUNCTION AND MEDIACOM,A TEMPORARY EXTENSION UNTIL JUNE 15,2010,TO NEGOTIATE TERMS AND CONDITIONS FOR ANOTHER LICENSE TERM;AND THAT AUTHORIZATION BE GIVEN FOR THE MAYOR TO SIGN-THE AMENDMENT PENDING APPROVAL AS TO FORM BY THE CITY ATTORNEY. n CounciImember Dietz SECONDED THE MOTION. VOTE:Unanimous. The motion carried. AWARDS,PRESENTATIONS AND COMMUNICATIONS Mayor Insalaco requested a video originally on^You Tube and entitled "Stand by Me Around the World"be played for the audience. Councilmember Barker stated this was shown on PBS. hour show and they showed exactly how they filmed it,where they went and how long it took. It was an It was an incredible show. nANNOUNCEMENTOFCURRENTEVENTS None. CITY MANAGER'S REPORT Assistant City Manager Bryant Powell commented the city manager is at his daughter's concert,and that the city has been awarded $171,699 from Arizona Department of Commerce Energy Efficiency Conservation Block Grants for energy related projects, be used for an energy audit in order to create a list of It will REGULAR MEETING OF THE CITY COUNCIL MAY 18,2010 PAGE 2 OF 6 n n projects to be completed with the remainder of the -funds. added the magazine My Ford,the national Ford magazine,had a picture of the Superstition Mountains on the cover with additional comments on the Apache Junction community in an article. He ■ Captain Tom Kelly gave an update■on Canine Officer Senna. n Councilmember Dietz commented that with the training Senna,and the handler go through,the handler would pick up on anything where she would be deteriorating..„ Captain Tom Kelly stated there have not been any signs of that. He would be the first one to report that..They do not want to put her,the handler,or any other police officers or anyone in jeopardy'when the dog should start'to fail.They want to be sure the animal continues to succeed and excel.The more exposure they have to different situations,that will be warranted-as they go along. Councilmember Dietz commented he thinks they have done a wonderful job. Captain Tom Kelly stated they appreciate their support. Councilmember Barker commented she would like to have seen her. Captain Tom Kelly stated he can make that happen for them,as long as there-is hot a quorum when they do it.If the city manager or assistant city manager wishes him to do so,he can definitely make her available to them.It is not conducive to have the dog come into the council chambers for a variety of reasons. n Councilmember Dietz commented she was introduced to them at the very beginning. Vice Mayor Eck commented he saw her the other night at 4 Sons and she was about to take his head off because she did not'know who he was. Captain Tom Kelly stated if she does not know who you are, do not want to go and try to pet her. you REGULAR MEETING OF THE CITY COUNCIL MAY 18,2010 PAGE 3 OF 6 nn PUBLIC HEARINGS None.. OLD BUSINESS None. NEW BUSINESS n APPOINTMENT TO VACANCY AND POSSIBLE REAPPOINTMENTS TO SUPERSTITION MOUNTAINS COMMUNITY FACILITIES DISTRICT NO.1 -) There was general It was determined they could make'fill all three positions with one motion. ) discussion on the number of motions needed. Mayor Insalaco called for a motion. Councilmember Barker MOVED THAT CLARK SMITHSON BE APPOINTED TO THE SUPERSTITION MOUNTAINS COMMUNITY FACILITIES.DISTRICT NO.1 TO FILL THE REMAINDER OF THE TERM FOR THE VACANCY CREATED WITH THE RESIGNATION OF DAN AUSTIN, AND BE REAPPOINTED FOR A TERM TO EXPIRE ON JULY 7,2016;FOR REAPPOINMENT,SHE MOVED THAT PAT RICHMOND AND RAY SODEN BE REAPPOINTED TO THE SUPERSTITION MOUNTAINS COMMUNITY FACILITIES DISTRICT NO.1 FOR TERMS TO EXPIRE ON JULY 7,2016..She added that they had really quality candidates for this.This was very difficult.It was one of the hardest ones they have done. Councilmember Dietz SECONDED ^THE MOTION. VOTE:Unanimous. .Councilmember Wilson reiterated that they had some very qualified people in the applications and it was a very difficult decision.\ The motion carried. REGULAR MEETING OF THE CITY COUNCIL MAY 18,2010 PAGE 4 OF 6 n n COUNCIL DIRECTION TO STAFF None. SELECTION OF MEETING DATES,TIMES,LOCATIONS,AND PURPOSES Councilmember Dietz MOVED THAT WE WILL NOT BE HAVING AN EXECUTIVE SESSION AT 5:45 P.M.AND A WORK SESSION AT 7:00 P.M.ON MONDAY,MAY 31,2010;n BUT THAT AN EXECUTIVE SESSION AT 5:45 P.M.BE HELD ON TUESDAY, JUNE 1,2010,IN THE CITY COUNCIL CHAMBERS. Vice Mayor Eck SECONDED THE MOTION. VOTE:Unanimous. The motion carried. CALL TO THE PUBLIC: None. ADJOURNMENT Mayor Insalaco adjourned the meeting at 7:40 p.m. Consent Agenda Items are as follows: 1.Acceptance of Agenda.n 2.Acceptance of Minutes of Regular Meeting of May 4,2010. 3.Consideration of Resolution No.10-11 authorizing the submission of a grant application to Ak-Chin Indian Community for the removal and replacement of the office ceiling in the Apache Junction Animal Control Shelter. 4.Consideration of Seventh Amendment to Cable System License Agreement Between Mediacom and City of Apache Junction (Temporary Extension). REGULAR MEETING OF THE CITY COUNCIL MAY 18,2010 PAGE 5 OF 6 j on ACCEPTED THIS 1ST DAY OF JUNE,2010,BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA. SIGNED AND ATTESTED TO THIS 1ST DAY OF JUNE,2010. JOHN S.INSALACO Mayor n ATTEST: 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 18th day of May,2010. duly called and held and that a quorum was present. I further certify that the meeting was Dated this 20th day of May,2010. A, 24,nKATHLEENCONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL MAY 18,2010 PAGE 6 OF 6 n n Ci^ofApache Junction Home of the Superstition Mountains Print TO:City Manager's Office Giao Pham,P.E.City Engineer June 1,2010 FROM: DATE: n Agenda Type: Council Priority Focus Area: Regular Agenda Community Infrastructure TITLE OF AGENDA ITEM: Consideration of PW 2009-04,Ironwood Drive Improvements,award of bid to Visus Engineering Construction,Inc.in the amount of $534,600.00. ACTION REQUESTED: Recommendation for Approval DISCUSSION /BACKGROUND INFORMATION: Ironwood Drive improvements from Tepee Street to Lost Dutchman Boulevard Project PW 2009-04 includes removal of asphalt pavement,installation of new asphalt pavement,base material,adjustment of existing utilities and other street related improvements.Bid was advertised and twelve responses were received.Base bids ranged from $486,000.00 to$644,253.66. The Public Works Department recommends award to Visus Engineering Construction,Inc.for their base bid in the amount of $486,000.00 plus 10%for unforeseen changes for a total of $534,600.00. FISCAL IMPACT: Budgeted Expenditure n OPTIONS /ALTERNATIVES: RECOMMENDATION: Public Works Department recommends to award bid PW 2009-04 to Visus Engineering Construction,Inc.in the amount of $486,000.00,plus 10%for unforeseen change orders,$48,600.00,for a total of $534,600.00. ATTACHMENTS: Click to download D Memo,to Council D Visus Agreement n o Public Works Department City of Apache Junction Home of the Superstition Mountains May 17,2010 ■n Memorandum to:Honorable Mayor and Members of the Council Through:George Hoffman,City Manager David Fern,Director of Public Works From:Giab Pham,P.E.^City Engineer Regarding:Award of Bid for Project PW 2009-04 Ironwood Drive Improvements Twelve bid packets were received and opened on Tuesday,April 27,2010,out of forty-three (43)packetse-mailed or picked-up.The base bids ranged from $486,000.00 to $644,253.66.Base Bid plus twoalternativesrangedfrom$640,400.00 to $956,854.50. This project includes removal of asphalt pavement,installation of new asphalt pavement,base materials,curb,gutter,sidewalk,adjustment of existing utilities and other related improvements.Work is scheduled to be completed in December 2010. Base Bid Opening Summary Visus Engineering Construction,Inc. RK Sanders,Inc./Steelform Engineering Opinion of Probable Cost Total $486,000.00 $644,253.66 $481,697.00 nSeeattachedpageforcompletelistingofalltwelvebids. The Public Works Department recommends award to Visus Engineering Construction,Inc.for their basebid,in the amount of $486,000.00.Public Works recommends Rejection of Alternative 1 $146,000.00 and Alternative 2 for $8,400.00. RECOMMENDED MOTION:I MOVE TO AWARD BID PW 2009-04 TO VISUS ENGINEERING CONSTRUCTION,INC.IN THE AMOUNT OF $486,000.00,PLUS 10%FOR UNFORESEEN CHANGE ORDERS,$48,600.00,FOR A TOTAL OF $534,600.00. 575 E.Baseline Avenue,Apache Junction,AZ 85119 ♦Voice (480)982-1055 •FAX (480)983-5752 or (480)982-8005 3 3 COMPANY Nesbitt Contracting Co. Construction 70,inc RK Sanders,inc /Steelform SPiRE Engineering,LLC Knochei Bros.,Inc Combs Construction DCS Contract!ng,I nc. City Wide Contracting,LLC. Gunsight Construction ALR Construction Valley Rain Construction Visus,Inc. BASE LUMP SUM BIO $642,984.50 $641,170.20 $644,253.66 $615,962.00 $502,943.50 $511,474.50 $490,048.30 $537,238.00 $486,209.00 $490,960.52 $497,443.00 $486,000.00 ALTERNATIVE 1 $305,980.00 $248,492.50 $191,212.00 $160,990.00 $264,344.00 $218,997.50 $232,330.50 $184,225.00 $202,140.00 $168,503.00 $160,980.00 $146,000.00 ALTERNATIVE 2 $7,890.00 $9,300.00 $8,700.00 $10,600.00 $11,076.00 $8,000.00 $8,800.00 $6,600.00 $7,600.00 $7,549.00 $7,372'00 $8,400.00 TOTAL $956,854.50 $898,962.70 $844,165.66 $787,552.00 $778,363.50 $73^72.00 $731,178.80 $728,063.00 $695,949^00 $667,012^52 $665,795.00 $640,400.00 3 $481,697.00Engineer's Cost Estimate $218,510.00 $13,600.00 $713,807.00 3 on CITY OF APACHE JUNCTION AGREEMENT WITH VISUS ENGINEERING qONSTRUCTION FOR IRONWOOD DRIVE IMPROVEMENTS TEPEE street to LOST DUTCHMAN BOULEVARD PROJECT PW 2009-04 THIS AGREEMENT made and entered into by and between the City of Apache Junction,an Arizona municipal-corporation ("City")and Visus Engineering Construction,Inc.an Arizona corporation ("Contractor")- RECITALS In response to City's Notice Inviting Bid Proposals dated April,2010,and any addendums applicable thereto,Contractor siibmitted a proposal dated,April 27,2010,in which Contractor asserts its willingness,ability and qualifications to provide this work and service. A, City has cortplied with the public bidding requirements under Arizona Revised Statute Title 34 and Apache Junction City code Article 3-7. B. C.City and Contractor desire to set forth herein their respective responsibilities and the manner and terms upon which Contractor shall render the se2rvices. n 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:Ironwood Drive Improvements consist of half -street improvements for ohe-half mile from Tepee Street to Lost Dutchman Boulevard.Half Street improvements will include the following:removal of existing asphalt pavement,installation of curb and gutter,sidewalk,driveways, ADA accessible-ramps,asphalt pavement,adjustmetit 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):1)the.construdtion plans entitled “City of Apache Junction Ironwood Drive I 1 n n Improvements PW 2009-04”;2) Specifications and Details for Public,Works Construction”by theMaricopaAssdciationofGovernmentsandStandardDetailsofthe City of Apache Junction;and 3),the plans entitled “Ironwood Drive_Itnprovements,-Project No.PW 2009-04”as shown and described in the referenced bid documents and included here in. under Exhibits. the latest “Uniform Standard n 2-PAYMENTS &_COMPLETION:The contract sura shall be the / total amount payable by City to the Contractor in the amount of Four hundred eighty six thousand Dollars and No Cents ($4B6;000.oo)\ for the performance of the work under the contract documents exceptforchangesauthorizedbyproperlyexecutedchangeorders.Uponnoticethattheworkisreadyfor.final inspection or acceptance.City representatives shall promptly cause to be made an inspection.When City finds the work acceptable under the Contract Documents,City shall promptly submit for processing a certificate for paymentstatingthattothebestoftheirknowledge,information and belief and on the basis of its observation and inspection,the work has been completed in accordance with the terms and conditions of the ,■Contract Documents,and that partial payment or the entire balance’ due the Contractor is payable.No final payment shall become due until the Contractor siibmits to the all required lien waivers,releases .and any other data establishing payment or satisfaction of all Contractor's obligations'..If any Subcontractor refuses to furnish a release or waiver required.by City,Contractor mayfurnishabondsatisfactoryto'the City to indemnify City againstanysuchlien.If 'any such lien remains unsatisfied after all • payments are made.Contractor shall refund to City all monies that the latter may be compelled to pay in discharging such liens',■including all costs and reasonable attorneys fees.. 3.CONTRACT TIMEi,Contractor hereby fixes the time for beginning';work no later than June 7,2010 as,with completion nolaterthanDecember3,2010..Upon failure to complete work within the time specified,the Contractor shall pay as liquidated damagesforthelossofuseofthebenefitOfthisprojectthesum-as provided in Table 108 of the M.A.G.Specifications per day for eachdaytheworkremainsunfinished.This provision does not limit the liability of Contractor for actual damages sustained by the 'City as a result of any breach of contract -or warranty by the Contractor-. 4*INDEPENDENT Contractor;Contractor shall at all times during Contractor's performance of the services retain Contractor's status as an independent Contractor.Contractor's employees shall under no circumstances be,considered or held to.be employees or -agents of City,and City shall have'no obligation to pay orwithholdstateor-federal taxes^or provide workers compensation orunemploymentinsurancefordronbehalfofthemorContractor.■ Contractor shall supervise and direct the work to be done using its-best skill and attention.:^cept as provided in this Agreement, Contractor shall be solely responsible for all construction.mean s,•- methods,’techniques,sequences and procedures,and for coordinating all portions of the work required by the contract documents. n 2 nn Contractor shall he responsible to City for the acts and omissions of:its employees.Subcontractor's and their agents and employees and other persons performing any of the work under any contract document. 5.LABOR AND M&TERIALS;Unless otherwise provided in the contract documents.Contractor shall provide,pay and insure under the requisite'laws and regulations for all labor,materials, equipment,tools and machinery,water,heat,utilities, ■'transportation,other facilities and services necessary for the :proper execution and completion of the work whether temporary or permanent,and whether or not incorporated or to be incorporated in the work. n 6.INSPECTIONS AUD QUALITY OF WORK;Contractor understands and specifically agrees that all work is to be performed pursuant to Maricopa Association of Governments specifications and details, {"■MAG"specifications and details")with City's additions. Contractor agrees that it will conduct at least one pre construction meeting before any work commences.While,performing the services.Contractor shall ,exercise the reasonable professional care and skill customarily exercised by reputed members of ' Contractor's profession.practicing in the Phoenix metropolitan area,and shall use reasonable diligence and best jud^ent w:hile exercising its professional skill and expertise.Contractor shall' also be responsible for all errors and.omissions Contractor commits in the performance of this Agreement.Contractor understands and agrees that inspection of the work being performed hereunder will occur by City.Contractor agrees that City will have the exclusive right to determine,in its sole discretion,whether the work has been performed in accordance with the Contract Documents,including MAG specifications and details.Contractor further agrees to make such corrections to the work as may be directed by City to conform to said Contract Documents including MAG specifications and details,without requirement of Change Order or any additional charge or cost to City whatsoever.Contractor further-agrees to make such corrections to the work within the time for.completion of work as specified in Section 3 above and .shall not be entitled to additional time for.completion of work for any correction work needed to be performed hereunder.,Failure to perform correction work within the time to complete work as provided in Section 3 shall subject Contractor to liquidated damages as provided therein. .7..WARRANTY;Contractor shall guarantee the work against defective workmanship or materials for a period of one year from the date of its final acceptance under the contract;ordinary wear and tear-and unusual abuse or neglect excepted.Any omission,on the part of City to condemn defective work or materials at the time of const2niction shall not be deemed an acceptance,and Contractor will be required to correct defective work of materials at any time before final acceptance.Within one year from the date of final acceptance due to faults in workmanship or materials,the ■Contractor shall begin making the necessary repairs to the satisfaction of City within fourteen (14)calendar days of receiptof-written notice from City.Such work shall include the repair or' n 3 o n replacement of other work or materials damaged or affected by making the above repairs or.-corrective work all at no additional 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 Subcontractor or supplier such warranties addressed to and in favor of City and deliver same 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 of remedies required by law,and shall suryive the expiration of this Agreement for the time period mentioned above. n ,8.TAXES;Contractor shall pay all license,sales, consumer,use and other similar,taxes for the work or portions thereof provided by Contractor which are legally enacted at the time bids are received whether or not yet effective or subsequently applicable.due to acts of jurisdictions or bodies other than City. 9.PERMITS &FEES;Unless otherwise provided in the contract documents,Contractor shall.secure and pay for all permits,governmental.'fees.,licenses and inspections necessary for the proper execution and completion of -work which are customarily secured after execution of the contract-and which are .legally required.Contractor shall give all notices and comply with all laws,ordinances,rules,regulations and lawful orders of any p;iblic authority bearing-on the performance of the work..City 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''and - Contractor agrees to obtain a business tax license pursuant to - Article 8-5 of the Apache Junction City Code from the City Clerk.'s Office‘and keep such licen'se current during the term of this Agreement and after termination of this Agreement any time work_isperformedpursuanttothewarrantyprovisionssetforthinSection 5.-Any activity by Subcontractor's within the corporate City limits.,will invoke,the same business tax regulations on any Subcontractor's,and Contractor ensures its Subcontractor's will obtain.any required business tax license. 10.5TJPERINTEMDBHT;Contractor shall employ a competent project superintendent who shall be in attendance at the project site.during the progress of the work.The superintendent shall represent and be the community ,agent of Contractor and communications given to the superintendent shall be as binding as if given to Contractor.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 SCHEDDliB!Contractor shall,immediately after entering into this Agreement,reaffirm the■estimated progress 4. n n schedule as submitted with,the bid proposal.Sadd progressscheduleshallbemaintainedandupdatedduringthe-project,.- 12.INDEMNIFICATION;Contractor shall defend indemnify and hold,harmless City,its,agents,officers,officials and emjjloyees,from and against all claims,damages,losses and expenses(including but not limited to attorney fees,court costs and the cost of appellate proceedings)relating to,arising out of,orallegedtohaveresultedfromtheacts,errors,mistakes,omissions,work or services of Contractor,its agents,employees,or any tier of Contractor's Subcontractors or any other person for■whose acts',errors,mistakes,,omissions,work or services Contractor may be .legally liable.The amoiuit and type of insurancecoveragerequirementssetforthhereinwillinnowaybeconstrued as-limiting the scope of the indemnity in this paragraph. n 13..SHE-CONTRACTORS;,All Subcontractors chosen by Contractor will be subject to City's approval.All Subcontractors shall ‘be identified by Contractor prior to'award of contract. Contractor shall make no substitutions for any Subcontractor,person or entity previously selected without the approval of City. 14-GOVERNING LAW AND VENUE;The terms and conditions of this Agreement shall be governed by and interpreted in accordance with the laws of the State of Arizona.Any action at law or in equity brought by either party for the purpose of enforcing a rightorrightsprovidedforinthisAgreement,shall'be tried in a court TheofcompetentjurisdictipninPinalCounty,State of Arizona, parties hereby waive all provisions of law providing for a-changeofvenueinsuchproceedingtoanyothercounty.In the event either party shall bring suit to enforce any terms of this Agreement or to recover any damages for and on account of the breach of any term or condition in this Agreement,it is mutuallyagreedthattheprevailing'party in such action shall recover all costs including reasonable attorney fees to be determined by thecourtinsuchaction.n 15.INSURANCE: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-f-fS,or approved unlicensed in the State of Arizona with policies and forms satisfactory to City. 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 formallyaccepted;failure to do so may,at the sole discretion'of the City■constitute a material breach of this Agreement. Contractor's insurance shall be primary insurance as respect toCity,and any insurance or:self-insurance maintained by City shallnotcontributetoit. Any failure to cottply with the claim reporting provisions of the . insurance policies of any breach of an insurance policy warranty 5 n n shall not affect coverage afforded under the insurance policies to protect City. 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 reser-ves 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. n REQUIRED COVERAGE Commercial General Liabilityn 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 Prpducts/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 coyerage for Contractor's operations and products and completed operations, 6 nn 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,'services or operations under this Agreement,an Owner and Contractor'sProtectiveLiability,insurance policy for bodily injury and property damage,including death,which may arise in the' prosecution of the Contractor's v;ork,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 shallbeissuedbythesameinsurancecompanythatissuesContractor's General Liability insurance. Workers'Compensation Contractor shall carry Workers Compensation insurance to cover obligations imposed by federal and state statutes having - .jurisdiction of Contractor's employees engaged in the performanceoftheworkorservices;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.Contractor will require allSubcontractorstoprovideWorkersCompensationandEmployer'sLiabilitytoatleastthesameextentasrequiredofContractor. Professional Liability If deemed applicable by the City Attorney,Contractor will maintain Professional Liability insurance covering acts,errors,mistakes and omissions arising out of the work or services performed by Contractor,or any person employed by Contractor,with a limit of not less than $1,000,000 each claim. n CERTIFICATE OF INSURANCE o 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 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 City. If a policy does expire during the life of the Agreement,-a renewal certificate must be.sent to City thirty (30)calendar days prior totheexpirationdateandallrequiredinsuranceshallnotexpire,becancelled,or materially changed without a minimum thirty (30)calendar days written,notice,to City from Contractor,All ,.Certificates'of Insurance shall-be identified with bid serial' number and title... .7 n n 16.CHZmGE ORDEjRS: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 achangein-the work or an adjustment in'the contract suta or the 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 toorderminorchangesintheworknotinvolvingaiiadjustmentinthe contract sum or extension of contract time and not inconsistent with the intent of the contract documents.All such changes shallbeeffectedbywrittenorderandshallbebindinguponCityandContractor. n 17.SUCCESSORS &ASSIGNS:•City and Contractor each bind themselves,their partners,successors,assigns and legalrepresentativestotheotherpartyheretoandtothepartners,successors,assigns and legal representatives of such other party■in respect to all covenants,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 moniesdueortobecomeduetoortobecomeduetoitwithoutthe-previouswritten-consent of City. 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 tothelastbusinessaddress,known to them who gives,the notice. 19.CLAIMS FOR DAMAGES;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 or agents for whose acts they are legally liable,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 PA'QiIENT BOND: City shall have the right to require Contractor to furnish'bonds covering the faithful performance.of the contract and the payment of all obligations arising thereunder.Attached are standard bond forms which must be pon^jieted by Contractor,and Contractor agreestoconformtoallprovisionsset.forth in such forms. 21.SAFETY:.Except as provided herein with respect to trench excavation and traffic regulations.Contractor and/or its n 8 on Subcontractors shall be solely responsible for job safety at all times. 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 any duties,obligations,rights and remedies otherwise imposed or available by law.No action or failure to act.by City or Contractor shall constitute a waiver of any.right or duty afforded any of them under'the contract,nor shall any action or failure to act constitute an approval of or an acquiescence to any breachesthereunderexceptasmaybe.specifically agreed to in writing. 23.TIME IS OF THE ESSENCE;All time limits stated in the contract documents are of the essence.Contractor shall begin work on the date of commencement as defined in Section 3 above.It shall carry the work forward expeditiously.If Contractor is delayed at any time in the progress of the work by any act or neglect of City or by any employee of the City not specifically disclaimed herein,or by change orders in the work or any labor disputes,,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 by City or by any other cause which City determines may justify the delay,the contract time shall be extended by change order for such reasonable time as City may determine,except as otherwise provided for in Section 16 as noted above.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 of damages for delay by either party under the provisions of the contract documents. O n 24.TERMINATION BY Contractor;If the work is stopped for a period of fifteen (15)calendar days under an-order of any court .or other public authority having jurisdiction or as a result of an act of government such as declaration of national emergency making material unavailable through no act or fault of Contractor or a Subcontractor or their agents or employees.Contractor may upon seven C7)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 including ■reasonable profit and damage. ,25.TERMINATION BY City; 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 supply enough properly skilled works or proper materials or labor or persistently disregards laws,ordinance,rules,regulations or If Contractor is adjudged 9 n o orders of any public authority'having jurisdiction or otherwise is guilty of a substantial violation of a.provision of the contract documents.City upon certification by the Director of Public-Works that sufficient cause exists -to justify-such action may without prejudice to any right or remedy and after giving the Contractor 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 machinery thereon owned by the Contractor and may finish the work by whatever method it may deem esipedient.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.The amount to be paid to Contractor or to City as the case may be,shall be certified by the City's Director of Public Works and this obligation'for payment shall survive the termination of this contract.- n 26.RECOBDS:Records of Contractor's labor,payroll and other costs pertaining to this Agreement shall be kept on a generally recognized accounting basis and made available to City for inspection on request,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 during regular business hours-.‘' 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 .the ■ parties hereto.,and that oral understandings or agreements not incorporated herein shall not be binding on the parties. 28.SEVERABILITY:.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 provisions hereof shall not be affected. n 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. 29. 30.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 Drug 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.§34-30.2,as amended,"Residence .Requirements for Employees". Under the provisions of A.R.S.§41-4401,Contractor hereby warrants to'the City that the Contractor and each of its 1 10 o Subcontractors will comply with,and are contractually obligated to comply with,all Fedisral 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 tliis Contract and shall subject the Contractor to penalties up to and including termination of this Contract at the sole discretion of the City. n 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 re<Jords of the Contractor and any of Subcontractors to ensure compliance with Contractor’s Immigration Warranty,Contracto]'agrees to assist the City in regard to any random verifications performed. Neither the Contract<)r nor any of Subcontractor shall be deemed to have materially breacihed the Contractor Immigration Warranty if the Contractor or Siibcont.ractor establishes that it has complied with the employment verit;cation provisions prescribed by sections 274A and 274E of the Fedejal Immigration and Nationality Act and the E- Verify requirements,{rescribed by A.R.S.§23-214,Subsection A. The provisions of this Article must be included in any contract the Contractor enters,int o with any and all of its Subcontractors who provide services undsr 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 11 n n IN WITNESS WHEREOF the parties hereto have caused this Agreement to be g40ned by their duly authorized representative as of,this ,2010. 'day of mi7 'VISOS ENGINEERING CONSTRUCTION,INC. n By: Cj^Title: f n 12 o n )STATE OF ARIZONA )COUNTY OF y/day ofacknowledged/before me this ced J^ree'ment/'• foregoing instrument was 2010, r in the above-refer asby nwitnessmyhandandofficialseal. My Commission Expires: Sonya L.DungyNotaryPubtic-ArizonaMaricopaCounwCommiasbnExpiresffl26/2 11 { n 13 n n City OF APACHE JUNCTION ■ an Arizona municipal corporation n By:JOHN S.INSALACO Its MAYOR ATTEST: Kathleen Connelly City Clerk APPROVED AS TO FORM: 'o26-2010 Richard J.Stern City Attorney n 14 nn STATE OF ARIZONA )ss. COUNTY OF PINAL ) The foregoing instrument was acknowledged before are this ,2010,by-(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; day of ,as (Name) n Notary Public r) 15 n n BOND NO. PREMIUM NO. WARRANTY BOND (City of Apache Junction) PROJECT NO. WHEREAS,the City of Apache Junction (hereafter “City”)andn (hereafter “Principal”)have entered into an agreement (“Agreement”)dated 20 ,whereby Principal agreed to install and complete certain designated public improvements as a condition of relating to j at Principal's own expense and which Agreement is hereby referred to and made a part hereof;and WHEREAS,Principal is required under the terms of the Agreement to furnish warranty security for the work performed pursuant to the Agreement in the amount of ten percent (10%)of the original amount of the security deposit to guarantee replacement and repair of the improvements as described in tha Agreement for a period of one year following final acceptance of said improvements. NOW,THEREFORE,we.Principal,and .(“Surety”),are held and firmly bound unto City in the penal sum of )lawful money of the United States,for the payment of which we bind ourselves,our heirs,successors,executors,and administrators,jointly and severally. ($. The condition of this obligation is such that if Principal shall indemnify City for all loss that City may sustain by reason of any defective materials or workmanship which become apparent during the period of one-year from and after acceptance of the improvements by the City,then this obligation snail be null and void;otherwise,this obligation shall remain in full force and effeot. As a part of the obligation secured hereby and in addition to the face amount specified,costs and reasonable expenses and fees shall be included,including reasonable attorneys'fees incurred by City in successfully enforcing the obligation,all to be taxed as costs and included in any Judgment rendered. Surety shall provide City with thirty (30)days'written notice of Principal's default prior ot Surety terminating,suspending or revoking the bond. In witness whereof,this instrument has been duty executed by Principal’s and Surety on ■.20 ■ n i SuretyPrincipal By Attomey-in-Fact Address 18 on Arizom \TMAfworkforyou Certificate of insurance Certificate Mailed To:Name of Insured; CITY OF APACHE JUNCTION 575 E BASELINE AVENUE APACHE JUNCTION AZ 85219 Visus 1831 N Rochester Mesa AZ 85205 Date Issued: Certificate Number;148 344161 05/19/2010 Policy Number: Origin Date: Expiration Date: Liability Limits; 01/24/2004 01/01/2011 1000/1000/1000 (000 Omitted) Proof of Coverage Description of Operations STREET OR ROAD CONST;PAV /REPAV,STREET OR ROAD CONST:SUB SURFACE Job Number:PW 2009-04 Location:Ironwood Drive Improvements Tepee to Lost Dutchman Will be renewed for the next policy period unless we are otherwise directed by our policyholder;It IS agreed that waiver of subrogation is effective only as respects to the above Certificate Holder for^theprojectdescribedherein.This agreement shall not operate directly or indirectly to benefit ariy otherpersonororganization.Should the above policy be canceled by the SCF ARIZONA before the expiration date thereof,the SCFARIZONAwillendeavortomail30dayswrittennoticetotheabove’named Certificate Holder,but failuretomailsuchnoticeshallimposenoobligationorliabilityofanykindupontheSCFARIZONA.’n This Certificate is issued as a matter of information only and confers no irghts upon the certificate holder,Thiscertificatedoesnotamend,extend or alter the coverage afforded by the policy listed hereon.This is to certifyaworkers’compensation policy has been issued to the insured listed hereon and is in force for the periodreferenced. Certificate issued To: City of Apache Junction 575 E Baselitie Avenue Apache Junction AZ 85219 Authorized Representative •61-810WB 01/20/2006 n n DATS IMM/DD/YYYY} 05/19/10ACORDCERTIFICATEOFLIABILITYINSURANCEOPIDTAVISUS-2 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORlVIATIO^ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATEHOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND ORALTERTHECOVERAGEAFFORDEDBYTHEPOLICIESBELOW PRODUCER THE MAHONEY GROUP -MESA 1835 South Extension Road Mesa AZ 85210-5942 Phone:480-730-4920 NAIC#INSURERS AFFORDING COVERAGEFax:480-730-4929 10677INSUREDINSURERhCinainna-fai Inauranoa Congany 20443INSURERS:Continental Casualty Congany INSURER C:Visas Engineering1831H.RochesterMesaAZ85205.. Const,Inc.O'Insurer D; INSURER E COVERAGES THE POLICIES OF INSURANCE LISTEOBELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH.THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POUCIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. IPoucYSXPlRATION DATEIMMIDOm')IR5R-AUU’gN5RC LIMJTSPOLICYNUMBERLTRTYPEOFINSURANCE Si,000,000EACHOCCURRENCEGENERALLIABILITY X COMMERCIAL GENERAL LIABILfTY ^CLAIMS MADE OCCUR UAMAUblOKbNIbU PREMISES (Ea occarence)12/15/09 12/15/10 $500,000CPP0823509A $10,000MEDEXP(Any one person) $1,000,000PERSONAL&ADV INJURY $2,000,000GENERALAGGREGATE PRODUCTS-COMP/OP A(M $2,000,000GEN'L AGGREGATE LIMIT APPUES PER; PRO- JECTPOLICYX LOG AUTOMOBILE LIABILITY X ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS COMBINED SINGLE LIMIT (Ea accident)'$1,000,00012/15/09 12/15/10CPA0823509A^ BODILY INJURY (Per person)$ iXHIREOAUTOSBODILYINJURY (Per accident)S X NON-OWNED AUTOS ! PROPERTY DAMAGE (Per accident)$ AUTO ONLY -EA ACCIDENT SGARAGELIASiLITY EAACC SANYAUTOOTHERTHAN AUTO ONLY;AGG $ 34,000,000EACHOCCURRENCEEXCESSIUMBRELLALIABILITY Xl OCCUR 3 4,000,00012/15/09 12/15/104012487117 AGGREGATEBCLAIMSMADE S snDEDUCTIBLE RETENTION $S rwcsTSTTrITORYLIMITS OTH ERWORKERSCOMPENSATIONAND EMPLOYERS'LIABIUTY ANY PROPRIETOR/PARTNER/EXECUnVE officer/member EXCLUDED? If yes,.describe underSPECIALPROVISIONS belcw • $ELEACHACClDENr E.L.DISEASE -EA EMPLOYEE % EL DISEASE -POUCY LIMIT S OTHER 500,000 5,000 12/15/09 12/15/10 LimitRented/Leased Equipment DESCRIPTION OF OPERATIONS /LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS Project name:Ironwood Drive In^arovement -Tepee Street to Lost Dutchman Blvd.The City of J^ache Junction,its Mayor,Council,Appointees,Offices, enployees and agents are included as additional insured. CPP0823509A Ded CANCELLATIONCERTIFICATEHOLDER SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING INSURERWILLENDEAVORTOMAIL ^ NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO.SO SHALL IMPOSE NO OBLISATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR REPRESENTATIVES.^ C- DAYS WRITTEN City of Apache Junction300E.Superstition Boulevard Apache Junction AZ 85219 -CJUui- ©ACORD CORPORATION 988ACORD25(2001/08) n.n important If the certificate holder is an ADDITIONAL INSURED,the policy{ies)must be endorsed.A statementonthiscertificatedoesnotconferrightstothecertificateholderinlieuofsuchendorsement(s). If SUBROGATION,IS WAIVED,subject to the terms and conditions of the policy,certain policies mayrequireanendorsement.A statement on this certificate does not confer irghts to the certificateholderinlieuofsuchendQrsement(s). n DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s),authorized representative or producer,and the certificate holder,nor does itaffirmativelyornegativelyamend,extend or alter the coverage afforded by the policies listed thereon. n ACORp 25 (2001/08) n n o ■ Bond No.A2C66729 SrATOrOKY PERFORJiANCS BOND .pXJRSUftNX TO T1TI»E 34,CHAPTER 2,ARTICLE 2r OF THE ARIZONA REVISED STATUTES(Penalty of this Bond MUST ba 100%of the Contract AmWh) KNOW ALL MEN BY THESE PRESENTS: Visu's Engineering Construction.Inc. the dSSL surety business in the State,of Arizona as issued by.°£Insurance pursuant to (hereinafter called the Surety}^ Oblloapf bomd unto the City of Apathe Junction (hereinafter called the ^obliges),in the amount of Four Hundred Eighty Six Thousand and nn/1f)n.for the payment whereof,the said Principaladministrators,executors,successors andpresents. as n .Dollars (5 486.000.001andSuretybindthemselves,their heirs,assigns,jointly and severally,firmly by these WHEREAS,the Principal hasday.of April 27 .^nm i made a part,hereof as fully ranwoodtera—contract with the Obligee,datedq|ffPW gMO-^which contract is hereby referred to andIdtothesameextentasifcopiedatlengthherein.Project #PW 2009-04 OBLIGATION IS SUCH,that if the Princinal under the contract,and also performs and fulfills all of the uudertakinos ^S?^t th^rmav ^S^eements of all duly authorized modifications of'thehereafterbemade,notice of which modifications to the surety beinahereby.waived,the above obligation is void.Other^^ise it remains in fuinorL nnd iH’ an effect: ?haptS°2 “SSe ?^of''the ^ecuted pursuant to the provisions of -Title 34,shat?Ho Lhe Arizona Revised statutes,-and all liabilities,on this bondshallbedeterminedinaccordancewiththeprovisionsofTitle34,Chapter 2 Articl-SSSi?!statutes,to th..=rt.=d .=U my were ooplew at'l^fh L thSJjg ^on this bond shall recover as part of the judgei^treasonableattorneyfeesasmaybefixedbythejudgeofthecourt.^ Witness our hand this 4th .m /I# A.<f::r fcl•.r«day of May ,2010 "•fi. •-12©:■^•/Visus Enaineerino Construction.Inc.■isi:.7PRINCIPAL SE| n The Mahoney Grpiip C0OBY:AGENCY OF RECORD 20410 N.19th Avenue #170.Phoenix,AZ 85027 A(3ENCy ADDRESS Merchants Bonding Company (Mutual) SURETY \i 17 I on .Bond No.AZC68729 STATOTOHY PAYMENT-BOUB,CHAPTER 2,ARTICLE'-2,(Penalty of this Bond PURSUANT TO TITLE 34,^^20NA REVISED STATUTESMUSThe100%of the Contract Amount) KNOW ALL MEN BY THESE presents: That,Visus Engineering Construction:Inc..Principal,and BondingcompanWMutiiaii-_.(i^erelnafter called the ,Principal),asAuthoritytotransactsuretybusiness^-Certificate ofDirectoroftheDepartmentofTnanr-^n^'ate of Arizona as issued by thel,.v.ith its 20^.chapter 2,Ltiolethe-surety)are held and'firmly -boSnd Sto thf^r ^(hereinafter called rointly and ssverally,firmly by thLi prSnia"and assigns, o WHEREAS,the'Principal has rObligee,dated 27th of April nm «. SdlSfsSi OBblG^TIOf,IS SBCH.th.f ifmaterialstoPriLSlorPrincipS^J^Iub^coSr^^J persons supplying-laborworfc_provided for in said contract thf^r,K?“^prosecution of theremainsinfull.force and effect:■/rgation shall be void.Otherwise it 34?™^te?°2^^rticir2^^S ®^^^^ted pursuant to the provisions’of Titlethisbo^Se all'uabiliSefIxmitafcroucofsaidTitle,Chapter \conditions andwerecopiesatlengthherein,^^Article,to the same extent aa if thfivJn: entered into a ce:the which ■ sameasfullyandtothe the said • or on ?l;^^^nSgToTt?s witness our hand this 4th ^jgy Visus Engineering Construction,Inc. ludgmecourt. May principal The Maho ney Group AGENCY OP RECORDAGENCYADDRESS 20410 n:19th Avenue #170,Phoenix.A2 85027 BY •Merchants Bonding Company (Mutual) SURE Lynn 18 n n o- Merchant^^ BONDING COMPANY POWER OF ATTORNEY Know All Persons By The^Presents,that the MERCHANTS BONDING COMPANY (MUTUAL),a corporation duly organized underthelawsoftheStateofIowa,and having Its principal office in the City of Des Moines,County of Polk,Slate of Iowa,hath made,constituted and appointed,and does by these presents make,constitute and appoint Michael J.Mesenbrink,Carolyn Sinti,Jeri Lynn Thompson,David J.Hickman,Maria Lucero,Jennifer L.Benton,Dawn Fykes n Phoenix.of AZandStateof its true and lawful Attorney-in-Fact,with full powerandauthorityherebyconferredinHsname,place and stead,to sign,execute,acknowledge and deliver in'its behalf as surety anyandallbonds,undertakings,recognizances or other written obligations in the nature thereof,subject to the limitation that any suchinstrumentshallnotexceedtheamountof:- SEVEN MILLION FIVE HUNDRED THOUSAND ($7,500,000.00)DOLLARS and tQ bind the MERCHANTS BONDING COMPANY (MUTUAL)thereby as fully and to the same extent as if such bond orundertakingwassignedbythedulyauthorizedofficersoftheMERCHANTSBONDINGCOMPANY(MUTUAL),and all the acts ofsaidAftomey-in-Fact,pursuarit to the authority herein given,are hereby rafified and confirmed. This Power-oFAttomey is made and executed pursuant to and by authority of the following Amended Substituted and Restated By-Laws adopted by the Board of Directors of the MERCHANTS BONDING COMPANY (MUTUAL)on November 16,200ZARTICLEII,SECTION 8 -The Chairman of the Board or President or any Vice President or Secretary shall have power andauthoritytoappointAltomeys-in-Faot,and to authorize them to execute on behalf of the Company,and attach.fhe Seal of theCompanythereto,bonds and undertakings,recognizances,contracts of indemnity and other writings obligatory in the nature thereof. ARTICLE II,SECTION 9 -The signature of any authorized officer and the Seal of the Company may be affoced by efcsimlletoanyPowerofAttorneyorCertificationthereofauthorizingtheexecutfonanddeliveryofanybond,undertaking,recognizance,or other suretyship obligations of the Company,and such signature and seal when so used shall have the same force and effect as though manually fixed.' In Witness Whereof,MERCHANTS BONDING COMPANY (MUTUAL)has caused these presents to be signed by its President anditscorporatesealtobeheretoaffixed,lhis22ndday of May ,2009. MERCHANTS BONDING COMPANY (MUTUAU. a •iCp 1933 %A Ol STATE OF IOWA COUNTY OF POLK ss.Presiaefltf^i-\•••••• On this22nd day of May ,2009 .before me appeared Larry Taylor,to me personally known,who being by me duly swoheisPresidentoftheMERCHANTSBONDINGCOMPANY(MUTUAL),the co^ration described in the foregoing instrument,andthaftfi Se^affixed to the said instrument is the Corporate Seal of the said Corporation and that the said instrument was signed and sealed in behalfofsaidCorporationbyauthorityofitsBoardofDirectors.o In Testimony Whereof,I have hereunto set my hand and affixed my Official Seal at the City of Des Moines.Iowa,the day and year firstabovewritten. CINDY SMYTH Commission Number 173604 JvomiypuDm!.pax county,rows STATE OF IOWA COUNTY OF POLK ss. ■I,Wi|am Wfamer,Jr..Secretary of the MERCHANTS BONDING COMPANY (MUTUAL),do hereby certify that the above and foregoingisatru^and cotred copy of the POWER-OF-ATTORNEY executed by said MERCHANTS BONDING COMPANY (MUTUAL),which isstilltrifUll.fotce and eteol and has not been amended or revoked. 'Jn Witness Whereof,I have hereunto set my hand and affixed the seal of the Company on this 4fh day of May ,2010. i •••♦••V •SB*. 1933 ‘-Secretary<5. PdA OdOl (1/09) n n City ofApache Junction Home of the Superstition Mountains iSi Print TO:City Manager's Office Heather Patel,Program Coordinator June 1,2010 FROM: DATE: n'Agenda Type: Councii Priority Focus Area: Regular Agenda Community Development TITLE OF AGENDA ITEM: Consideration of Proposed Resolution No.10-13,authorizing the use of local funds as leverage for the City's Fiscal Year 2010 Community Development Block Grant application. ACTION REQUESTED: Recommendation for Approval DISCUSSION /BACKGROUND INFORMATION: As part of the application requirements for submission of a Community Development Block Grant application,a resolution is required if local funds are to be used as leverage.Resolution No.10-13 refiects $88,356.00 as local leverage for the Plaza Drive Redevelopment project. FISCAL IMPACT: Budgeted Expenditure OPTIONS /ALTERNATIVES: Federal Law Requirement n'RECOMMENDATION: Staff respectfully requests that Council approve.Resolution No.10-13 authorizing the use of leverage funds for the submission of the City’s Fiscal Year 20l 0 Community Development Block Grant Regional Account application. ATTACHMENTS: Click to download D Staff Report D Resolution No.10-13 n O City of Apache Junction Development Services Deportment MEMORANDUM n DATE:May 20,2010 TO:The Honorable Mayor and City Council THROUGH:George Hoffman,City Manager Brad Steihke,Development Services Director Roger Hacker,Grants Specialist FROM:Heather Patel,Program Coordinator SUBJECT:Fiscal Year 2010 Community Development Block Grant Application - Resolution Number 10-13 (Commitment of Leverage Funds) REQUEST Staff respectfully requests that the City Council approve Resolution Number 10-13 authorizing the useofleveragefundsforthesubmissionoftheCity’s Fiscal Year 2010 (“FYIO”)Community Development Block Grant Regional Account (“CDBG RA”)application. BACKGROUND The City of Apache Junction is eligible to submit applications to the Arizona Department of Housing(“ADpH”)for CDBG funding. The City of Apache Junction is anticipating receiving $279,269 in FYIO CDBG RA funds to be used over a two year period of time (January 2011 -December 2012).These funds are guaranteed to the community as long as a viable project is submitted for funding to ADOH.The City may retain up to18%of these funds for administrative costs.This application is due June 1,2010. On November 12,2009 a public meeting was held to solicit input from the public on potential projectsforthesubmissionofanapplication.Technical assistance was provided to the community untilNovember29,2009 to help formulate projects for consideration and to determine if potential projectsmettherequirementsoftheCDBGprogram.Additionally,on November 12,2009 The LeadershipTeammettodiscusspotentialprojectsforpresentationtoCouncil. On November 30,2009 staff presented the proposed projects for Council’s review and discussion. .n n n During the December 15,2009 Council Meeting a public hearing was held to gain input from the public and from the Council on potential projects for the submission of the FY 2010 CDBG RA application.At that time the City Council selected Plaza Drive Improvements to be submitted for funding to the Arizona Department of Housing. On February 2,2010,the Mayor and City Council adopted Resolution No.09-60 authorizing the submission of a FY 2010 CDBG RA application for Plaza Drive Improvements.n DISCUSSION As part of the application requirements for submission of a CDBG RA application,a resolution is required that commits local leverage to the project.Resolution No.10-13 reflects leverage funds allocated to the FY 2010 CDBG RA application.The City will provide $88,356.00 as leverage to the project.Below is a breakdown of those costs. Staff time as in-kind leverage Construction paid through the City’s Redevelopment District Fund Miscellaneous administrative costs $21,875 $65,481 $1,000* *The miscellaneous administrative costs will be paid for by the Redevelopment District Funds. RECOMMENDATION Staff respectfully requests that Council consider for approval Resolution Number 10-13. ACTION REQUIRED Consideration for approval under the consent agenda Attachment 1:Resolution Number 10-13 (Commitment of Leverage Funds) n 2 on RESOLUTION NO.10-13 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,.COMMITTING LOCAL FUNDS AS LEVERAGE FORA FY 2010 COMMUNITY DEVELOPMENT,BLOCK GRANT REGIONAL ACCOUNT ("CDBG")APPLICATION.n WHEREAS,the City.of Apache Junction has adoptedResolutionNumber09-60 which authorizes submission of.an application(s)to .the State of Arizona,Department of Housing("ADOH")for Community development Block Grant funding;and WHEREAS,that application indicates that $88,356 will be- committed by the City of Apache Junction as leveraged funds,in the form of cash or resources .to be used to complete the project;and WHEREAS,the CDBG Program requires that all local leveraged funds/resources be committed in the form of a resolution by the governing body,and that such a commitmentcontainanopinionbytheapplicant's legal counsel that the leveraged funds represent a binding commitment,legallyenforceableunderStatelaws. NOW,THEREFORE,BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,AS FOLLOWS: 1)The Mayor and City Council hereby commit $88,356 in funds and resources to the CDBG Program,to be used for projectcosts,contingent upon the receipt of the FY2010 CDBG Regional Account assistance. 2)That the Mayor and City Council of the City of ApacheJunctionherebyfindthatthiscommitmentislegallybindingbasedonthelegalopinionoftheCityattorney,and that such funds will be available for an audit at the termination of the grant,if so required by ADOH. O RESOLUTION NO.10-13 PAGE 1 OF 2 n n 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. n JOHN INSALACO Mayor ATTEST: KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM: RICHARD J.STERN City Attorney n RESOLUTION NO.10-13 PAGE 2 OF 2 n n ROLL CALL VOTE NOTES: n m / I/ MEETING OFITEM# SECONDED BY:MOTION BY: ABSTAINEDNOYES .7COUNCILMEMBERCOLEMAN7COUNCILMEMBERDIETZ 7COUNCILMEMBERSERDY 7COUNCILMEMBERBARKER 7COUNCILMEMBERWILSON7VICEMAYORECK MAYOR INSALACO .n ABSTAINEDUNANIM^S OPPOSEDINFAVOR TOTAL CONSENT AGENDA ITEMS NO.1-4 I MOVE THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED;AND O'THAT THE AWARD OF BID FOR PW 2009-04,IRONWOOD DRIVE IMPROVEMENTS, BE AWARDED TO VISUS ENGINEERING CONSTRUCTION,INC.IN THE AMOUNT OF $486,000.00 PLUS 10%IN THE AMOUNT OF $48,600 FOR UNFORESEEN CHANGE ORDERS FOR A TOTAL AMOUNT OF $534,600.00;AND THAT AUTHORIZATION BE GIVEN TO THE MAYOR TO SIGN THE AGREEMENT;AND THAT RESOLUTION NO.10-13,A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,COMMITTING LOCAL FUNDS AS LEVERAGE FOR A FY 2010 COMMUNITY DEVELOPMENT BLOCK GRANT REGIONAL ACCOUNT (“CDBG”)APPLICATION,BE APPROVED. nn City ofApache Junction Home of ibe Superstition Mountains a Print TO:City Manager's Office Parks and Recreation Department June 1,2010 FROM: DATE:n Agenda Type: Council Priority Focus Area: Reguiar Agenda TITLE OF AGENDA iTEM: PRESENTATION OF DONATION TO THE CITY BY THE LOST DUTCHMAN MARATHON COMMITTEE. ACTION REQUESTED: DLSCUSSLQN./BACKGROUND INFORMATION: Lost Dutchman Marathon,Inc.has requested time to present donations to the Park and Recreation Department Scholarship Fund and Apache Junction Police Department Auxiliary. FISCAL IMPACT: OPTIONS /ALTERNATIVES: ^RECOMMENDATION: ATTACHMENTS: Click to download No Attachments Available nn Ci^ofApache Junction Home of the Superstition Mountains iSi Print TO:City Manager's Office George Hoffman,City Manager June 1,2010 FROM: DATE:n Agenda Type: Council Priority Focus Area: Reguiar Agenda TITLE OF AGENDA iTEM: MANAGER'S REPORT. A REQUESTED: DISCUSSION /BACKGROUND INFORMATION: FISCAL IMPACT: OPTIONS /ALTERNATIVES: RECOMMENDATION: n ATTACHMENTS: Click to download No Attachments Available Borne qftk SMpenfiiion Moimtains S Print TO:City Manager's Office George Hoffman,City Manager June 1,2010 FROM; DATE: n' Agenda Type : Councii Priority Focus Area; Reguiar Agenda Pubiic Safety TITLE OF AGENDA ITEM: PRESENTATION AND DISCUSSION ON HOUSE BILL 2246 (REPRESENTATIVE BIGGS),FIREWORKS LEGISLATIONANDLOCALREGULATION. ACTION REQUESTED: Presentation and Discussion DISCUSSION /BACKGROUND INFORMATION: Representatives from the Apache Junction Fire District will provide an overview of the newly passed House Bill 2246 and itseffectstotheCityofApacheJunction. FISCAL IMPACT: Budgetary Approval Not Required OPTIONS /ALTERNATIVES: RECOMMENDATION: House Bill 2246 allows people who are 16 or older to buy and use ground and hand-held fireworks such as sparklers,glowworms,snakes,ground spinners and toy smoke devices.It is still illegal for people to purchase or use any fireworks,noveltiesorpyrotechnicsthatdesignedorintendedtoriseintotheair,explode,detonate in the air or fly above the ground without apermit. HB 2246 allows any city or town in Arizona to override the law.Important for public to know that just because you canpurchasethemsomewheredoesn't mean that your city permits them to be used. THE LAW DOES NOT GO INTO EFFECT UNTIL DECEMBER 1,2010.That means that no changes are in place for July 4thin2010. ATTACHMENTS: Click to download El HB2246 n (D House Engrossed State of Arizona House of Representatives Forty-ninth Legislature Second Regular Session 2010 n HOUSE BILL 2246 AN ACT AMENDING.SECTIONS 36-1601,36-1605,AND 36-1606*ARIZONA REVISED STATUTES: AMENDING TITLE 36.CHAPTER 13.ARTICLE 1.ARIZONA REVISED STATUTES.BY ADDING SECTIONS 36-1609 AND 36-1610;AMENDING SECTION 37-623.02,ARIZONA REVISED STATUTES;RELATING TO FIREWORKS. (TEXT OF BILL BEGINS ON NEXT PAGE) n i nn H.B.2246 1'Be it enacted by the Legislature,of the State of Arizona: Section 1.Section 36-1601,Arizona Revised Statutes,is amended to2 3 read: 36-1601.Definitions In this article,unless the context otherwise requires: 1."CONSUMER FIREWORK"MEANS SMALL FIREWORK DEVICES THAT CONTAIN 7 RESTRICTED AMOUNTS OF PYROTECHNIC COMPOSITION DESIGNED PRIMARILY TO PRODUCE 8 VISIBLE OR AUDIBLE EFFECTS BY COMBUSTION AND THAT COMPLY WITH THE 9 CONSTRUCTION,CHEMICAL COMPOSITION AND LABELING REGULATIONS PRESCRIBED IN 10 49 CODE OF FEDERAL REGULATIONS PART 172 AND 173^REGULATIONS OF THE UNITED 11 STATES CONSUMER PRODUCT SAFETY COMMISSION AS PRESCRIBED IN 16 CODE OF FEDERAL' 12 REGULATIONS PARTS 1500 AND 1507 AND THE AMERICAN PYROTECHNICS ASSOCIATION 13 STANDARD 87-1,STANDARD FOR CONSTRUCTION AND APPROVAL FOR TRANSPORTATION OF 14 FIREWORKS,NOVELTIES AND THEATRICAL PYROTECHNICS,DECEMBER 1,2001 VERSION. 2."DISPLAY FIREWORK"MEANS LARGE FIREWORK DEVICES THAT ARE EXPLOSIVE ' 16 MATERIALS INTENDED FOR USE IN FIREWORKS DISPLAYS AND DESIGNED TO PRODUCE 17 VISIBLE OR AUDIBLE EFFECTS BY COMBUSTION,DEFLAGRATION OR DETONATION AS . 18 PRESCRIBED BY 49 CODE OF FEDERAL REGULATIONS PART 172,'REGULATIONS OF THE 19 UNITED STATES CONSUMER PRODUCT SAFETY COMMISSION AS PRESCRIBED IN 16 CODE OF 20 FEDERAL REGULATIONS PARTS 1500 AND 1507 AND THE AMERICAN PYROTECHNICS 21 ASSOCIATION STANDARD 87-1,STANDARD FOR CONSTRUCTION AND APPROVAL FOR 22 TRANSPORTATION OF FIREWORKS,NOVELTIES AND THEATRICAL PYROTECHNICS,DECEMBER 23 1,2001 VERSION. Irv 3."Fireworks": (a)Means any combustible or explosive composition,substance or 26 combination of substances,or any article prepared for the purpose of 27 -producing a visible or audible effect by combustion,explosion,deflagration 28 or detonation,and toy cannons in--which explosives-are-used,the—type-of- 29 balloon which requires fire underneath to propel it,firGcrackGrs-,torpGdoos, 30 skyrockets,roman-candles,daygo bombs,sparklers or other fireworks of like 31 construction,fi-reworl<s-containing any explosive or combustible compound-,and' 32 any-tablet or other device—containing an cxp-Tbsivc substance THAT IS A 33 CONSUMER FIREWORK OR DISPLAY FIREWORK, (b)Does not include: (i)Toy pistols,toy canes,toy guns or other devices in which paper 36 caps containing not more'than twenty-five hundredths grains of explosive .37 compound are used if constructed so that the hand cannot come in contact with 38 the cap when in place for the explosion, (ii)Toy pistol paper caps that contain less than twenty-hundred ths' 40 grains of explosive mixture,or fixed ammunition or primers therefor, (iii)Federally deregulated novelty items THAT ARE known as snappers, 42 snap caps,party poppers,glow worms,SNAKES,TOY SMOKE DEVICES AND 43 SPARKLERS that contain-4ess than twenty-five hundredths grains of explosive 4.4 cempoim-d-. 4 5n6 15 24 25 n 34 j35 39 41 -J n n H.B.2246 1 4.Governing body"means THE board of supervisors of a county as 2 to the area within the county but without the corporate limits of an 3 incorporated city or town-r-and means THE governing body of an incorporated 4 city or town as to the area within its corporate limits. 5."PERMISSIBLE CONSUMER FIREWORKS": (a)MEANS THE FOLLOWING TYPES OF CONSUMER FIREWORKS AS DEFINED BY THE 7 AMERICAN PYROTECHNICS ASSOCIATION STANDARD 87-1,STANDARD FOR CONSTRUCTION AND APPROVAL FOR TRANSPORTATION.OF FIREWORKS.NOVELTIES AND THEATRICAL 9 PYROTECHNICS,DECEMBER 1,2001 VERSION: .(i)GROUND AND HAND-HELD SPARKLING DEVICES, (ii)CYLINDRICAL FOUNTAINS, (iii)CONE FOUNTAINS. It 5 n6 8 10 11 12 13 (iv)ILLUMINATING TORCHES.. (V)WHEELS., (Vi)GROUND SPINNERS, (vii)FLITTER SPARKLERS, (viii)TOY SMOKE DEVICES, (ix)WIRE SPARKLERS OR DIPPED.STICKS. (X)MULTIPLE TUBE FIREWORKS DEVICES AND PYROTECHNIC ARTICLES, (b)DOES NOT INCLUDE ANYTHING THAT IS DESIGNED OR INTENDED TO RISE 21.INTO THE AIR AND EXPLODE OR TO DETONATE IN THE AIR OR TO FLY ABOVE THE 22 GROUND,INCLUDING.FOR EXAMPLE,FIREWORK ITEMS COMMONLY KNOWN AS BOTTLE 23 ROCKETS.SKY ROCKETS,MISSILE-TYPE ROCKETS,HELICOPTERS.TORPEDOES.ROMAN 24 CANDLES AND JUMPING JACKS. 3-r 6.."Person"includes AN individual,partnership,firm or 14 15 16 17 18 19 20 25 26 corporation. Sec.2.Section 36-1605,Arizona Revised Statutes,is amended to read: 36-1605.Permitted uses This article -shall not be construed to DO,ES.NOT prohibit: The sale at wholesale by a resident wholesaler,dealer or jobber of fireworks wh-ich.THAT are not prohibited by this article. 2.The sale of fireworks which THAT are to be and are shipped directly 27 28 29 30 1. n31 32 33 out of the state. 34 3.The use of fireworks by railroads or other transportation agencies for signal purposes or illumination. 4.The sale or use of explosives for blasting or other,legitimate industrial purposes. 5.The use of fireworks or explosives,or both,by farmers,ranchers and their employees,and by state and federal employees who manage wildlife resources,to rally,drive or otherwise disperse concentrations of wildlife for the purpose of protecting property or wildlife. 6.THE SALE OF PERMISSIBLE CONSUMER FIREWORKS BY A RETAIL ESTABLISHMENT IF THE RETAIL,ESTABLISHMENT COMPLIES WITH THE RULES ADOPTED PURSUANT TO SECTION 36-1609. 35 36 37 38 39 40 41 42 43 44 2 nn H.B.2246 1 7,THE USE OF PERMISSIBLE CONSUMER FIREWORKS BY THE GENERAL PUBLIC, 2 UNLESS THE USE IS PROHIBITED BY A GOVERNING BODY OF AN INCORPORATED CITY OR 3 TOWN.- Sec.3'.^Section 36-1606,Arizona Revised Statutes,is amended to read: 36-1606.Consumer fireworks rdquiation:state preemption: further regulation of fireworks bv local ■jurisdiction ' THE SALE AND USE OF PERMISSIBLE CONSUMER FIREWORKS ARE OF STATEWIDE 9 CONCERN.THE REGULATION OF PERMISSIBLE CONSUMER FIREWORKS PURSUANT TO THIS 10 ARTICLE AND THEIR USE IS NOT SUBJECT TO FURTHER REGULATION BY A GOVERNING 11 BODY,EXCEPT THAT AN INCORPORATED CITY OR TOWN MAY REGULATE THE USE OF' 12 PERMISSIBLE CONSUMER FIREWORKS WITHIN ITS CORPORATE LIMITS AND A COUNTY MAY 13 REGULATE THE USE OF PERMISSIBLE CONSUMER FIREWORKS WITHIN THE UNINCORPORATED 4 5n6 7 8 14 AREAS OF THE COUNTY DURING TIMES WHEN THERE IS A REASONABLE RISK OF WILDFIRES 15 IN THE IMMEDIATE COUNTY.This article shall-rvet-bo construed to DOES NOT 16 prohibit the imposition by municipal ordinance of further regulations and 17 prohibitions ttpon-ON the sale,use and possession of fireworks within an 18 incorporated city or towrv OTHER THAN PERMISSIBLE CONSUMER FIREWORKS BY A 19 GOVERNING BODY.No sUch city or -town A GOVERNING BODY shall NOT permit or 20 authorize the sale,use or possession of any fireworks in violation of this 21 article.. Sec.4.Title 36,chapter 13,article 1,Arizona Revised Statutes,is 23 amended by adding sections 36-1609 and 36-16i0,to read: 36-1609.State fire marshal:adoption of code:sale of permissible consumer fireworks A.THE STATE FIRE MARSHAL SHALL ADOPT RULES PURSUANT TO TITLE 41, 27 CHAPTER 6 TO CARRY OUT THIS ARTICLE,INCLUDING A RULE THAT ADOPTS THE 28 NATIONAL FIRE PROTECTION ASSOCIATION CODE FOR THE MANUFACTURE,’ 29 TRANSPORTATION,STORAGE AND RETAIL SALES OF FIREWORKS AND PYROTECHNIC 30 ARTICLES,2006 EDITION.A PERSON WHO SELLS PERMISSIBLE CONSUMER FIREWORKS TO 31 THE PUBLIC SHALL COMPLY WITH THOSE RULES RELATING TO THE STORAGE OF CONSUMER , 32 FIREWORKS AND RELATING TO THE RETAIL SALES OF CONSUMER FIREWORKS BEFORE 33 SELLING PERMISSIBLE CONSUMER FIREWORKS TO THE PUBLIC. B.A PERSON SHALL NOT SELL OR PERMIT OR AUTHORIZE THE SALE OF. 35 PERMISSIBLE CONSUMER FIREWORKS TO A PERSON WHO IS UNDER SIXTEEN YEARS OF AGE. 36-1610.Prohibited use of fireworks on state land:'civil penalty A.THE STATE FIRE MARSHAL MAY IMPOSE A CIVIL PENALTY OF ONE THOUSAND , 39 DOLLARS FOR EACH INCIDENT OF PROHIBITED,USE OF FIREWORKS ON StATE LAND IN; 40 VIOLATION OF THIS ARTICLE. B.THE STATE FIRE MARSHAL SHALL DEPOSIT,PURSUANT TO SECTIONS 35-146 42 AND 35-147,CIVIL PENALTIES COLLECTED PURSUANT TO THIS SECTION IN THE FIRE 43 SUPPRESSION REVOLVING FUND ESTABLISHED BY SECTION 37-623.02. 22 24 25 26 n 34 36 37 38 41 3 n n H.B.2246 1.Sec.5.Section 37-623.02,Arizona Revised Statutes,is amended to 2 read: 3 37-623.02.Emergencies:prohibiting fireworks:liabilities and expenses:fire suppression revolving fund A.On request of the state forester,the governor may authorize the 6 state forester to incur liabilities for suppressing wildland fires and 7 responding to other unplanned all risk activities from unrestricted monies in 8 the state general fund whether or not the legislature is in session. The state forester has the authority to prohibit the use of fireworks during times of high fire potential in.the unincorporated areas of11thestate. 4 5 n 9 •B. 10 12 C.The state forester or the state forester's designee shall 13 .all liabilities incurred and expenditures made under this section and shall report the expenditures to the department of administration for audit according to department of administration rules.The state forester shall transmit a copy of the report to the state emergency council. Liabilities incurred under this section are subject to,the following limitations: review 14 15 16 17 D. 18 19 1.Wildland fire suppression or.other unplanned all risk.emergencyliabilitiesshallnotexceedthreemilliondollarsofstategeneralfund monies pursuant to subsection A of this section in a fiscal year for costs associated with suppressing wildland fires,supporting other unplanned allriskactivitiessuchasfire,flood,earthquake,wind and hazardous material responses and preparing for periods of extreme fire danger and pre-positionequipmentandotherfiresuppressionresourcestoprovideforenhanced initial attack on wildland fires. 20 21 22 23 24 25 26 The state forester shall not incur nonreimbursable liabilities for support of nonfire all risk activities.-The governor shall determine when periods of extreme fire danger exist and must approve any expenditure for pre-positioning activities. 2.If the funding authorization in paragraph 1 of this subsection is 31 exhausted,or if the nonreimbursable liabilities incurred exceed the cash balance of the fire suppression revolving fund,the state forester shall not incur additional 1iabi1ities without the consent of a majority of the state emergency council as authorized by section 35-192. _E.The.state forester shall process and pay claims for reimbursement for wildland fire suppression services as follows: 1.Except as provided by paragraph 2 of this:subsection,within thirtydaysafterreceivingacompleteandcorrectclaimforwildlandfire suppression services,the state forester shall pay the claim from available monies that have not been committed to the payment of other wildfire expenses. 27 28 29 30 n32. 33 34 35 36 37 38 39. 40 41 42 2.Within thirty days after receiving a complete and correct claim for wildland fire suppression services,on federal lands,the state forester shall complete the processing of the claim and forward the claim to the appropriatefederalagency. 43 44 45 4 nn H.B.2246 1 3.For any valid claim other than for federal reimbursement,if there is insufficient funding in the fire suppression revolving fund,the holder of the unpaid claim shall be issued a certificate pursuant to section 35-189. F.No later than December 31 of each year the state forester shall submit a report to the joint legislative budget committee and the governor detailing the specific uses of all monies authorized to be expended from the fire suppression revolving fund and any additional monies authorized by the governor to prepare for periods of extreme fire danger and pre-position equipment and other fire suppression resources to provide for enhanced initial attack on wildland fires. G.Monies received for suppressing wildland fires,pre-positioning equipment and firefighting resources and other unplanned all risk activities may be used for the purposes of section 37-623 and this section. H.The state forester shall adopt rules for administering the wildland fire suppression monies authorized under this section,subject to approval of the governor. I.The state forester may require reimbursement from cities and other political subdivisions of this state and state and federal agencies for costs incurred in the suppression of wildland fires,pre-suppression or unplanned all risk activities.Reimbursement shall be based on the terms and conditions in cooperative agreements,land ownership or negligence.The state forester may require reimbursement from individuals or businesses only for costs incurred in the suppression of wildland fires or unplanned all risk activities caused by their negligence or criminal acts. J.A-THE fire suppression revolving fund is established fo-r-deposit e#CONSISTING OF CIVIL PENALTIES COLLECTED PURSUANT TO SECTION 36-1610 AND monies received by the state forester for wildland fire suppression and pre-positioning equipment and resources and for payment for activities related to combating wildland fires and supporting other unplanned all risk activities such as fire,flood,earthquake,wind and hazardous material responses.The state forester shall not incur nonreimbursable liabilities for support of nonfire all risk activities.The state forester shall administer the fund,and all monies received for these activities shall be deposited,pursuant to sections 35-146 and 35-147,in the fund.Monies in the fire suppression revolving fund are continuously appropriated to the state forester,except that if the unobligated balance of the fund exceeds two million dollars at the end of any calendar year,the excess shall be transferred to the state general fund.Monies in the fire suppression revolving fund are otherwise exempt from the provisions of section 35-190 relating to lapsing of appropriations. 2 3 4 5 n 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 n 31 32 33 34 35 36 37 38 39 40 5 ITEM NO.7 DISCUSSION ITEM ONLY n n City ofApache Junction Home of the Superstition Mountains ^Print TO:City Manager's Office Ruth Giese,Assistant to the City Manager June 1,2010 FROM: DATE: n Agenda Type: Council Priority Focus Area: Regular Agenda Organizational Development TITLE OF AGENDA ITEM: PRESENTATION AND DISCUSSION ON THE FISCAL YEAR (FY)2009-2010 COUNCIL WORK PLAN. ACTION REQUESTED: Presentation and Discussion DISCUSSION /BACKGROUND INFORMATION: City Council adopted its FY 2009-10 Work Plan in August 2009.Staff will provide a summary of the accompiishments of CityCounciiwithregardtothisworkplan. FISCAL IMPACT: NS /ALTERNATIVES: RECOMMENDATION: ATTACHMENTS: Click to download No AttachmentsAvailable ^6*'''r- n n 6/7/2010 ■1 •City General Plan ... •Public Spaces in Downtown (Focal Point) •Citywide Housing Survey :. (•Enhancement of Entrance to City ; ,•Amend Board of Adjustment AuthOrity( 7 5 --Amendments to Various Zoning Regulations such as -home based businesses -cargo containers. ■'.semi-truck parking .-' 1 n n 6/7/2010 ,•Street Maintenance Plan Reconstruction of Ironwood Drive .'Neighborhood Traffic Calming .. '1 Construction of PD parking lot expansiori and . •command vehicle parking structure,■,.•'• ;Street'a'nd Transpoi^tlon Strategic Plan .■ ••■.Bike.Bputes,Bike Paths;trails and Sidewalk Closure Sections : r'XlWHWi5r|?TT"ntFtE'' ;i ■AJPD strategic Plan •Participated in Safe Routes to.Schools Grant Program (received funds for Patrol overtime ^-and equipment.) '•Participated in the Pinal Cpurity Regional DUl, ’'Task Force,-. .)--(EnhahGed the SWAT Team and the traffic unit with,ujDgraded equipment .,•,' .•Expanded the use of volunteer resources '- ,•Business Watch Program continued to grow. •Participated in community events throughout .the year,l.ei,October being Domestic Violence “Awareness Month.'.;"i. >,Added,Crirne Mapping on-line-service and ,•’■’.'updated the AJPD Web pages ^ 2 y nVn 6/7/2010 •Employees &Volunteers Pre-Employment :; Fingerprinting/Background Checks/Dr.ug ''Screening.'. •Update of Personnel Rules •Volunteers and Workers Compensation .t ^■V Downtown Revitalization and Implementation ,Strategy,with G&G Downtown Updates. •IGA approval of CAC Campus Expansion Plan .•/Presentation on ED Chapter of General plan ■ED Public Forums (2)■,.,' ; •ADOC/ADEQ grant for analysis of possible "city- sponsored”Business Park ,-: SMMHC Groundbreaking •CGI Community videos (telling the story)■ •City-lead effort to save Lost Dutchman State - ■•Park,.,'.^. 3 f -ttnn6/7/2010 REVENUE •Created Corporate Partnership Office ^ .•:35 grants submitted to date,20 granted '.. tdtaiihg$2.4miiiion .\’ ■;v Awaiting notification on 13 grants totaling ■■additiohal $1.4 million '''' 4grants submitted in 08/09,but funded in i /’ ;09/10 totaling $414,157 i :•• :•Total American Recovery and Reinvestment Act :furiding received in FY 08-09 and FY 09-10::::/-$2!628,514 ..i; 4 '■o ITEM NO.8 DISCUSSION ITEM ONLY [S Print TO:City Manager's Office Jerald L.Monahan,Chief of Police June 1,2010 FROM: DATE: Agenda Type : Council Priority Focus Area: Reguiar Agenda Public Safety TITLE OF AGENDA iTEM: PRESENTATION AND DISCUSSION ON RESOLUTION NO.10-17 AUTHORIZING THE SUBMISSION OF A GRANTAPPLICATIONTOTHEBUREAUOFJUSTICEASSISTANCEFISCALYEAR2010BYRNEMEMORIALJUSTICEASSISTANCEGRANT(JAG). ACTION REQUESTED: Presentation and Discussion DISCUSSION /BACKGROUND INFORMATION; Staff respectfully requests the adoption of Resolution No.10-17 which would authorize the submission of a grant application($17,625.00)to.-obtain electronic ticketing equipment and related software.The Resdiution also stipulates that the City mayprovideupto$470.00 in cash to match the ,funds provided by the grant.The total cost of the project is $18,094.00. To fulfill grant stipulations,the Resolution will be brought back for consideration at the public hearing portion of the June 15,2010 council meeting. FISCAL IMPACT: Budgetary Approval Not Required ^OPTIONS /ALTERNATIVES: Policy Discussion (list specific options/alternatives) RECOMMENDATION: Council has the following options: 1.Approve the project as presented. 2.Request additional information. 3.Not approve the project as presented.. ATTACHMENTS: Click to download 0 Staff Report 0 Resolution Number 10-17 0 Project Budget on City of Apache Junction Department of Public Safety MEMORANDUM DATE:May 19,2010 The Honorable Mayor and City Council George Hoffman,City Manager Jerald Monahan,Director of Public Safety/Chief of Police Bureau of Justice Assistance Fiscal Year 2010 Edward ByrneMemorialJusticeAssistanceGrant(JAG)Application TO: nTHROUGH: FROM: SUBJECT: REQUEST Staff respectfully requests the City Council to adopt Resolution 10-17 authorizing thesubmissionofaBureauofJusticeAssistance(“BJA”)Fiscal Year 2010 Edward ByrneMemorialJusticeAssistanceGrant(“JAG”)application. The Resolution stipulates that the City is applying for $17,625 to obtain electronicticketingequipment(“E-Ticket”)and related software for use by the Police Department’sTrafficDivision.Further,the Resolution stipulates that the City may provide up to $470incashtomatchthefundsprovidedbythegrant.The total cost of the project is$18,094. Last,the Resolution stipulates that the Mayor and City Council have approved thesubmissionoftheprojectforfundingandthattheCityManager,or his designee,hasbeenappointedtoconductallnegotiationsandtoexecuteandsubmitallnecessarydocuments.n See Attachment 1 for a copy of the Resolution.The resolution is a mandated portion oftheapplication. BACKGROUND The Department of Justice makes Edward Byrne Memorial Justice Assistance Grantfundsavailabletostatesandlocalgovernmentsbasedonthestate’s population,thestate’s Part 1 violent crime rate,and the state’s crime expenditure.Based on thesecalculations,the City of Apache Junction was awarded $17,625. These funds can be used for a number purposes including supporting local lawenforcementprogramsandagencies.Local governments can use the funds “to supportabroadrangeofactivitiestopreventandcontrolcrimebasedontheirlocalneedsandconditions.” Page 1 of 2 n n To meet grant guidelines,the City Council will be provided with a draft of the applicationnolaterthanMay30,2010.Further,it is respectfully requested that the City Council conduct a public hearing regarding this grant application during the June 16,2010 CityCouncilmeeting. DISCUSSION After reviewing Byrne JAG guidelines and current Departmental needs,the Command Staff at the Police Department decided that the funds could best be used to purchase an additional three (3)electronic ticketing units. Earlier this year,four (4)electronic ticketing devises were obtained with American Recovery and Reinvestment Act of 2009 (“ARRA”)funds.Two (2)units are being utilized by the Motor Units and two (2)are utilized by patrol shift officers. Utilization of the E-Ticket equipment: 1)Reduces an officer’s risk by decreasing contact time 2)Encourages correct Arizona statute charging resulting in fewer amendments having to be filed by court personnel 3)Reduces incorrect/incomplete citations resulting in fewer amendments having to be filed by court personnel 4)Eliminate illegible handwriting 5)Reduces the use of paper ticket books which use multiple copies per ticket 6)Eliminates the need for manual entry by Records personnel 7)Eliminates the need for manual entry by Court personnel The E-Ticket units have enhanced traffic enforcement capability in addition to saving time and money to the taxpayers of Apache Junction.The enhancement resulted in reduced frustration between Court personnel.Police personnel,and Records personnel with regards to incorrect and illegible citations. The project must be completed by September 30,2014.See Attachment 2 for the Project Budget. n RECOMMENDATION Staff respectfully recommends that Council approve Resolution Nurtiber 10-17. ACTION REQUIRED Adoption of Resolution Number 10-17 and direction to staff to implement. Attachment 1:Resolution Number 10-17 Attachment 2:Project Budget Page 2 of 2 nn Attachment 1 RESOLUTION NO.10-17 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,APPROVING SUBMISSION OF A PROPOSAL FOR EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE,GRANT ("JAG")PROGRAM (FY ■ 2010)FUNDS;AND APPOINTING THE CITY MANAGER,OR HIS DESIGNEE,TO CONDUCT ALL NEGOTIATIONS AND EXECUTE ALL RELATED DOCUMENTS ASSOCIATED WITH THE SUBMITTAL. n WHEREAS,the U.S.Department Of Justice,Office of Justice Programs.Bureau of'Justice Assistance is seeking applications for funding under the Edward Byrne Memorial Justice Assistance ("JAG")Program from state,local,and tribal agencies for projects relating to the prevention or reduction of crime and violence ;and WHEREAS,the City of Apache Junction,Arizona,through its Department of Public Safety,is interested in submitting a project to be considered for funding in the form of reimbursable grants from the U.S.Department Of Justice, Office of Justice Programs Bureau of Justice Assistance. NOW,-THEREFORE,BE IT RESOLVED by the Mayor and City Council of the City of Apache Junction,Arizona,as follows: 1)That approval’of the submission of the proposal for the project under consideration is granted'.‘ 2)That the Apache Junction City Manager,or his designee, is appointed agent for the City of Apache Junction,to conduct all negotiations and to execute and submit all documents and any other necessary or critical instruments in connection with such submittal. n3)The Apache Junction City Manager,or his designee-,is authorized to sign an application for receipt and use of these funds in an -amount of $17,625 for the acquisition of three (3)electronic ticketing units and related software. 4)The City may expend up to $470 in cash to match the funds provided by the grant. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,THIS DAY OF .,2010. SIGNED AND ATTESTED TO THIS DAY OF ,,2010. RESOLUTION NO.10-17 PAGE 1 OF 2 n n JOHN S.INSALACO Mayor ATTEST: n KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM: RICHARD J.STERN City Attorney n RESOLUTION NO.10-17 PAGE 2 OF 2 nn Attachment 2:Project Budget Budget Narrative I.Revenue FY 2010 Byrne JAG Grant City cash match 17,625.00 469.20 TOTAL $18,094.20 n II.Expenditure:Equipment Acquisition Descrintinn Model Quantity Unit Cost Extended Cost EQUIPMENT 14,093.97 Pocket Citation Interm ec Intermec reader Printer 3 1,399.00 2,299.99 225.00 774.00 4,197.00 6,899.97 675.00 2,322.00 CN3 3 CN3 3 Zebra RW420 3 SUPPLIES 99.00 Thermal paper Zebra RW420 1 99.00 99.00 EXTENDED WARRANTIES 1,602.00 Handheld unit Printer 3 303.00 231.00 909.00 693.003 ANNUAL MAINTENANCE 750.00 nSoftwareupdates PROJECT MANAGEMENT 299.85 Software licensure 3 99.85 299.85 SHIPPING AND HANDLING 225.18 SALES TAX 16%)1024.20 TOTAL $18,094.20 Page 1 of3 n n Attachment 2:Project Budget 500 Fairway Drive,Suite 204 Oesrfieid Beach,Florida 33441IW.,954-354-3000 (Main) 954-354-3001 (Fax) www.ap5.us Proposal Date:5/19/2010ADVANCEDPUBLICSAFETY A TrirrWe comoanv n (Agency Details Contact:Captain Arnold Freeman Agency Name:Apache Junction Police Department Address:300 East Superstition Blvd. City,State &Zip:/\pache Junction,AZ 85119 Order No:0067000000IS6iX Contact Name:David Kennedy (954)354-3000x244 dkennedy@3ps.us QTY PRODUCT NAME PRODUCT DESCRIPTION UNIT PRICE TOTAL PRICE 3 PocketCitation Electronic traffic citation for handheld device $1,399.00 $4,197.00 IntermecCN3 vr/Bluetooth &802.1 Ib/g,2D Imager, Extended Battery, QWERTY Keypad, No6PS(NoWAN) Intemiec CN3 w/Bluetooth,&302.1 Ib/g,2D Imager,Extended Battery,QWERTY Keypad,USB Cradle,Line Cord,110 Volt PS,USB Cable 3 $2,299.99 $6,899,97 Intermec CN3 Magstripe Reader 3 3-Track Magstripe Reader for the Intennec CN3 $225.00 $675.00 3 Intermec CN3 Extended Warranty -3 Year Bronze Medallion Complete Intemiec CN3 Extended Warranty -3 Year Bronze Medallion Complete.Comprehensive Service Plan with 5-day turnaround time. $303.00 $909.00 3 Zebra RW420 Printer w/ Bluetooth (110-volt Power Supply) $2,322.00ZebraRW420thermalprinterw/Bluetooth $774.00 3 Zebra RW420 Extended Warranty -3 Year Care Advantage w/ Comprehensive No Hassle W'arranty covering all the labor and parts required to keep printer operating at high perfonnance levels.All Zebra equipment returned for service under this agreement will receive a complete preventative maintenance procedure and will be returned at no additional cost. $231.00 $693.00 n 1 Themial Paper Case (Zebra QL/RW42Q)Case (36 rolls)of Top Coated High-Quality Paper Rolls (80') $99,00 $99.00 1 Annual Maintenance Annual Maintenance $750.00 $750.00 1 Project Management Dedicated Project Manager assigned from PO through Software Acceptance.Provides single point of contact. $299,85 $299.85 1 Shipping &Handling Shipping &Handling $225.18 $225.18 1 Tax Tax $1,024.20 $1,024.20 NET TOTAL (USD)$18,094.20 Page 2 of3 n n AMachment 2:Project Budget Note: Pricing is guaranteed until June 30,2010 nTermsandConditions Ail Customer purchase orders for APS products and services are subject to APS’End User License AgreementandTermsandConditionsofSale,which can be viewed at http://www.aps:us/downioads/agreement.pdf.Such terms,along with any additional terms and conditions agreed to and accepted by APS in Customer’spurchaseorderorotherwisestipulatedinwriting,shall prevail over any differing dr conflicting terms in thisProposal.Payment Terms are Ship &Invoice. n Pages of3 I n ITEM NO.9 I MOVE THAT RESOLUTIO: cdOi^CIL OF THE CITY OFSUBMtS-SiON OF A PROPOSAL'ASSISTAI^E^RANT (“JAG”)PROCITYMANAGERxQRHISDESIGNEE TiEXECUTEALLREbVCEDDOCUMENTS APPROVED)OR (BE DENIED). NO.10-17,A RESOLUTION OF THE MAx^fOR AND CITY IZONA,APPROVING fR MEMORIAL JUSTICE S;AND APPOINT Tgotiations a E SUBMITTAL,TBE CHE JUNCTION,. m EDWARD BY .M(FY 2010)FUN ^CONDUCT ALL GIATED WITH GTHE I I nn City ofApache Junction Home of the Superstition Mountains Si Print TO:City Manager's Office Roger S.Hacker,Program Resource Manager June1,2010 FROM: DATE: n Agenda Type: Council Priority Focus Area: Regular Agenda Community Infrastructure TITLE OF AGENDA ITEM: COUNCIL DIRECTION TO STAFF ON TRANSPORTATION EQUITY ACT FOR THE 21 ST CENTURY (TEA-21)PROPOSEDSTATEPROJECTSFORROUND18FUNDING. ACTION REQUESTED: Presentation and Discussion DISCUSSION /BACKGROUND INFORMATION: Staff respectfully requests that the City Council review and discuss the TEA-21 State projects presented by staff.If the Council decides to submit a State project in this round of funding,staff will seek adoption of a resolution authorizingsubmissionofthegrantapplicationduring,the June 15,2010 City Council meeting. FISCAL IMPACT: Budgetary Approval Not Required OPTIONS /ALTERNATIVES: Policy Discussion (list specific options/alternatives) RECOMMENDATION: Council can: 1.Select a State project presented to Council by staff. 2.Select a State project not contained on the list of proposed projects.3.Direct staff to conduct additional research and report back on June 14,2010. 4.Decide not to submit a State application for Round 18 funding. ATTACHMENTS: Click to download D Staff Report D Proposed TEA-21 State Projects fRound 18f D City Council Questions May f7.2010 Worksession n n City of Apache Junction Development Services Department MEMORANDUM DATE:May 20,2010 TO:The Honorable Mayor and City Council George Hoffman,City Manager Brad Steinke,Development Services Director Roger Hacker,Revenue Resources Manager Transportation Equity Act for 21®*Century (“TEA-2T’)Round 18 Funding nTHROUGH: FROM: SUBJECT: REQUEST Staff respectfully requests that the City Council review and discuss possible State TEA-21 projects for Round 18 funding.See Attachment 1 for a discussion of proposedprojects. At the conclusion of the discussion,staff requests that Council select the project to be submitted.Staff will seek the adoption of a resolution authorizing submission of the State application during the June 15,2010 City Council meeting. BACKGROUND Local Project During the May 17,2010 work session,the City Council selected the North ApacheTrail:Landscaping/Streetscape project for submission.This is an enhancement projectalongNorthApacheTrailfromApacheTrailtoIdahoRoad. State Projects During the May 17,2010 work session,the City Council deferred the selection of the State project to be submitted until the June 1,2010 City Council meeting. State projects under consideration include: City’s East Entrance/ADOT Storage Yard Enhancements A multiphased project to enhance the area around the ADOT yard on the City’s eastern entrance. n nn Old West Highway and Idaho Road (Highway 88)Intersection Enhancements A project to irhprove the safety and aesthetics of the intersection thus enhancing one of the main gateways to the City’s central business district. Idaho Road Enhancements A phased enhancement project along Idaho from US 60 to North Apache Trail. n Highway 88 and Superstition Boulevard Roundabout and Enhancements The installation of a roundabout with the subsequent installation of enhancements to improve the aesthetics and safety of this major intersection. Additional Information Requested City Council asked staff to conduct additional research on some of the projects. See Attachment 2 for a summary of the additional information requested. DISCUSSION See Attachment 1. RECOMMENDATION Council’s options include; 1.Select a project presented by staff. 2.Select a project not contained on the list of proposed projects. 3.Direct staff to research an alternative,project(s)and report back on June 14, 2010. 4.Decide not to submit a State application. n ACTION REQUIRED 1.Review and discussion of possible State projects. 2.Selection of the State prpject to be submitted. 3.Direction to staff to begin preparation or to conduct further research, 4.Direction to staff to spend no further time on this project. Attachment 1:Proposed 2010 State TEA-21 Projects Attachment 2:Information Requested During May 17,2010 City Council Meeting Page 2 of 2 n n Attachment! 2010 Prpposed TEA-21 State Projects 1.City's East Entrance/ADOT Storage Yard Enhancements See Pages '1-11.■ O2.Old West'Highway and Idaho Road(Highway 88)Intersection: Landscaping and drainage improvements See Page 12.■- 3.Idaho Road:Landscaping,median,and crosswalk enhancements See Pages 12-13. 4.Hwy.88 and Superstition Blvd Roundabout and■Enhancements See Pages 13-14 1.City's East Entrance/ADOT Storage Yard Enhancements Concept:A multiphase project to enhance the area around the ADOT yard on the City's eastern entrance.Currently,the area does not present an attractive entrance to the City from the east. •Phase I:Coordinate with ADOT the flattening of’the heaped asphalt milling stack.Completed.' •Phase II:Remove weeds/debris back from exit all the way to Goldfield.Completed by Parks staff and volunteers,. However,weeds will continue to be an ongoing problem: there. n •Phase III:Install signage if merchant/City ongoing ad cost payment/agreements can be achieved.To be initiated. •Perhaps a more decorative type.of signage could be utilized as opposed to the standard blue gas/fobd/lodging freeway , signage •Phase IV:Design and construct second exit lane for exit; ADOT approval required.City would have to pay the $5-10 million cost since traffic does not support the extra ramp. Page 1 of 14 n n Could Include: 1.Landscaping 2.Cacti 3.Decomposed granite 4.Directional signage 5.Informational signage 6.Screening to hide the ADOT storage area 7.Informational center and parking area 8.An IGA with ADOT for City crews to maintain the ramp if additional ort-going operation and maintenance costs justify the appearance improvement. n: Points to Consider: 1.Within limits of ADOT right-of-way. 2.How do ADOT's plans for the US 60 bypass and the 802 impact this project? The ADOT Regional Engineer has spoken to the ADQT consultant performing the US 60 reroute study, it would be years before that project would be funded/constructed and that the project would have minimal impacts on an enhancement project at the US 60 and Old West Highway. The consultant said that Based on this discussion,the Regional Engineer would recommend including this as one of the City's high priority projects.The Regional Engineer indicated that he would certainly be interested in supporting it as a State Funded project.Ifn city staff did some additional research with ADOT regarding the "life expectancy"of TEA 21 projects and potential liability to the City if a TEA 21 project was removed before the end of its-expected life.ADOT staff indicated that: •The "life’expectancy"of enhancement projects depends on the enhancement project.All projects should be designed with 20 years in mind,but some types of projects simply don't make it that long.For this type of proposed enhancement project,which is to construct landscaping,DG, and otherwise dress up the eastern entrance in Apache Junction,he don't believe the expected life of these improvements would realistically be much more than 10 or 15 years. Page 2 of 14 n n •ADOT currently does not believe that the US 60 Bypass would impact the proposed Transportation Enhancement project.If the City of Apache Junction were to proceed with constructing the enhancement project based on this information,and then for some reason the US 60 Bypassalignmentwererevisedsothatitdidimpactthe enhancements,he believes that the responsibility would be, on ADOT to reconstruct the enhancements.Especially since the City had done due diligence to verify with ADOT whether the improvements would be impacted by a future project.n 3.Ideas may be restricted by ADOT which may limit objects or types of landscape within so manyfeettoedgeoftraveledpavement. 4.Subject to ADOT approval. 5.There may be unforeseen costs;utility clearances,irrigation water supply,electrical or other such items. 6.Public Works Director met with the contractor that ADOT has authorized to install informational signage approaching Exit ADOT has specific signage requirements for the types of signs allowed and their location.Those requirements are attached at the end of this section.This information shows the required layout for such signs;installation of these signs is contingent upon securing an adequate number of merchants agreeing to advertise/associated approval from ADOT. clear zone"requirements 199. The cost for installation of theise signs is $200-,$800/sign depending on size and number of colors.The on going rental cost is $1,856-$2,456/year. The City would have to assume a coordinating role with ADOT regarding the installation of these signs.The City would work with merchants and the sign vendor to coordinate the project.Merchants would be liable for the installation costs and the on-going rental costs.Council could decide to participate in the funding of the sign installations/rental costs.A public/private partnership could be developed. Anecdotally,one merchant,that already has EB signage alongUS60,told the Public Works Director that his marketing group decided that the cost of the ad sign installation .and on-going rental was a justified expenditure for east bound traffic but not for westbound traffic.Like minded merchants may be interested in securing signage if the City committed to offset some of the costs. 7.ADOT/CAAG suggests that 1)There are very specific requirements for visitor centers listed bn the ADOT website. City should review that material as the requirements are 'biffsrent for staffed and stand alone centers.2)Information at visitor centers cannot include business information only Page 3 of 14 O n n Apache Junction information.3)Use the phrase "way finding signage in the grant application.4)Application must show connectivity. 8.$1 million maximum.No match required.No cost overrun liability.Maintenance responsibility. tt n Arizona Rural Logo Sign Program (Gas,Food,LooGiiyG,Camping G Attraction) ATTRACTION Ari/fliin 2 Ml ITours14Ml 3x1 p nLODGING FOOD I DAYS inn Little Daisy Motel :L .suBiunv' .SUBUJRV' .SUBUJRV'2 Ml 2 Mltravelocigc| n Comfort Inn icfC2Ml 2 Ml Arizona Logo Sign Group A DIVISION OF LOGO SIGNS OF AMERICA.INC. P.O.Box 61S34 •Phoenix,Arizona 85082 1-800-637-1432 www.arizonaIogo.com info @ arizonalogo.com Expanded Highway Prognunx of fAmzomroGo^Sign Group ^OCST\ESVKION UP UMShSIGNS OF -.W-LWCA.INC. Page 4 of 14 n n Arizona Rural Logo Sign Program An Effective Program for Arizona Rural Highway Motorists and Providers OF Rural Highway Motorist Services The Arizona Legislature and Governor,with administrative support from the Arizona Department ofTransportation(ADOT),have improved rural highway motorist service assistance in Arizona. The Arizona Rural Logo Sign Program has been developed to enable certain providers of rural highway motorist services to effectively and economically inform rural highway motorist on designated highways , of available services. Providers of services to motorists on designated rural highways can now display their logo alongsidethehighwaynearintersectionsorinterchangesforruralhighwaymotoriststosee,making highway travel in Arizona more enjoyable. Criteria FOR Rural Logo Sign Program Participation n a.Conformity with Laws Each business identified by attaching a logo sign on a specific service information sign shall havefurnishedwrittenandnotarizedcertificationtoADOT,through the contractor,of its conformity with allapplicablefederal,state arid local laws,ordinances,rules and regulations;and shall not be in breach of that certifioation.Such cartificatiori shall be provided before the lease is approved.'This.bookletparticipationrequirements,refer to theofwhichisavailablefromArizonaLogoonlyhighlightscertainparticipationrequirements.For all ADOT administrative Rule (R17-3-902 through 906),a copy Sign Group by request,and to the lease agreement. B.Sign Location Requirements Specific sen/ice information signs shall be installed between the previous interchange or intersection and a minimum of 300 feet in advance of the intersection from which the services are available.The spacing between signs shall be at least 200 Logo signs should not bs provided for a qualified business if the business is visible from a point on the travel^way300feet trom the intersection. C.Type OF Services Permitted The types ol services permitted shall be limited to "GAS”,“FOOD"."LODGING",“CAMPING”,and “ATTRACTION".The following criteria must be met to qualify to display a logo sign bn a specific ‘service information sign:'. A.“GAS”senrice business shall provide: .(1)Fuel,oil,arid water lor public purchase and use. (2)Restroom facilities and drinking water ■ ■(3)Telephone available lor emergencies to the public during hours of operation.■ 1.Prirfiaty gas business ,-;.(a)Located withiri three miles of an exit ramp terminal(b)Incontinuousoperkiori.toprovideservicesatleast12hoursperday, seven days per wieek.■•' 2i Secoridary gas'business ‘; (a)Located within 15 rhiles of an exit ramp terminal, (b)In continuous operation to provide services at least eight hours.per day,live consecutive days per week. B.“FOOD"service business shall provide:; (1)Restroom facilities for customers. (2)Telephone available'for emergencies to the public during hours ol operation. (3)If a food service business is part of a food court located within a shopping mall,the shopping mall may qualify as the responsible operator if the food court complies vrith (1)and (2)above and has .clearly identifiable on-premise signing consistent with the logo sign that is sufficient to guide, motorists directly to the entrance to the food court. o f Pages of 14 n n types OF Services Permitted (CONT’D)■ 1.Primary food business; (a)Located within three miles of an exit ramp terminal, (b)Is open for operation no later than 7 a.m. (c)Provide seating for at least 20 persons, (d)In continuous operation to provide senrice at least three meals per day (breakfast,lunch,and dinner)at least six (6)days par week. 2.Secondary food business: (a)'Located within 15 miles of an exit ramp'terminal, (b)In continuous operation to serve at least two meals par day (either breakfast and lunch,or lunch and dinner)for a minimum of five consecutive days per week. n C."LODGING”service business shall provide: (1)Five or more units of sleeping'accommodations. (2)Telephone available for emergencies to the public during hours the lobby is open for registration 1,Primary lodging business; (a)Located within three miles of .an exit ramp terminal. 2.Secondary lodging business: (a)Located within 15 miles of an exit ramp terminal. :D.“CAMPING’’service business shall provide;(1)Be able to accotnm'bdale all common types of travel trailers and recreational vehicles. (2)Be equipped to handle a minimum of 15 travel trailers or recreational vehicles. (3)Be available on’a year.rbund basis unless camping in the general area is of a seasonal nature in which case the facilities in'questions shall be open to the public 24 hours per day,7 days per week during the entire season. (4)Drinking water and a'sewer hook-up or dumping station. 1.Primary camping business: (a)Within five miles of an exit ramp terminal. 2.Secondarif camping business; (a).WUhipIS miles of an exit ramp terminal. E."ATTRACTION”service business shall provide:(1)Derive less than 50%bf its sales’frbm the sale of alcohol consumed on the premises,or gambling. (2)Derive more than 50%of its sates or visitors during the normal business season from motorists not residing within a 25 mile radius ol the Business. (3)Provide at least 10 parking spaces. (4)Provide restroom facilities'and dririking water. (5)Be in continuous operation at least six hours per day,six days per week,except; a.An arena attraction shall hold events at loast 28 days annually;b.A cultural attraction shall be open at least 180 days annually:c.An educational attractibn shall operate at least six hours per day,five days per week. (6)Have a minimum annual attendance of 5,000 except If the attraction business operatesbn a seasonal basis,the attraction shall have a minimum annual attendance of 2,500. (7)Meet the definition of attraction in the Rule. 1;Primary attraclion-Business (a)Located within three miles of an Exit Ramp Terminal. ,2.Secondary attraction Business , (a).Located vvithih 15 miles of an Exit Ramp Terminal. S0con(/ary bus/ness lease limitations.For a secondary business,the lessor may enter into a lease for up to five years,or renew a lease for up to five years,writh the following etrms: (1)The responsible operator is guaranteed a term of two years,providing the responsible operator complies with all other terms of the lease; (2)After the two year period,the lessor shall terminate the Lease and remove the logo sign if another business with higher priority requests lease space for a logo sign;and (3)The lessor shall notify the responsible operator at least six months before terminating the lease and removing the logo sign.D.Community Logo Sign Plan ADOT requires that ALSO develop a Community Logo Plan with certain municipalities before-specific service informatidn signs'and logo signs can be placed. n Page 6 of 14 n n Exhibit 6.19 APPENDIX A SHEET T OF 1 NO SCALE n o TYPICAL SPECIFIC SERVICE SIGN APPLICATION, Page 7 of 14 n n n .(Gas,F I,Lodging,Camping and ArmAcnoN)im f:-ism I54LODGING-EXIT 44 j ’ I<s!XIW •n 'H''.mmb n Arizona Logo Sign Group A Division of Logo Signs of America,Inc. P.O.Box 61834:•Phoenix,Arizona 85082 *(Mil nA\•1-800-637-1432 (Corporate Office) 1-888-332-5646 (Sales) www.arizonaldgo.cominfo@arizonalogo.com § -T|[5iC^S ©P^'MlRlCA ‘Of Page 8 of 14 n n Criteria for Interstate Logo Sign Program Participation Confomjly wHh Laws.Bach bcsinesa/responsifcle operator (for the purposes of this Program highlight section tho terms “business"et%do^rmor are imerchangoabia)idenjified by displaying a logo sign on a specife service information sign shall certify lo the state its(federal,state,and localj without regard to arce,religion,color,sox.or national origin,and shallnotbeirtbreachofftetMrtificanon.This booklet enfy Mghlic^certah partidpaton requiremanla.Refer to the Arizona Depa^ent ofgan^tiaEjon (ADOTl RuIeKhereirafter referted to as the Rule)available from Arfeona Logo Sign Group iipm request,for ^intorstaio Logo nDtstancaotServicss.The mMinnmi distoncB tha!ierdco tacSifies caii be otcated from tUd main traveled way lb duality otr a lodo aldn sdailbeinacooidandewithlheRule.butnoltoereeedlSmitesIneHhercJrectloa '^y lur a ,ugo aan anaa Tire types of services pennMed shall be limited ot -GAS."■FOdD,"TODGINQ,"•CAMPING."andATTRACnON.,To qualify .for displ^on a specific sorvico information sign: A.-GAS'’servtce business shall provkte(f Fuel,oil,end water for puKic purchase and use.(2 Restroom etcilifies arxj drinWng water(3 Telephone available for errtergertetes to tho public durfrn hours of operation.1.Primary gas business(a)Located witt^n three miles of an oxit ramp tonn'nal(b)In continuous oporatlon to provide sstvices at feast 12 hours per day.seven days per week.•2.Secoixlary gas business;■.,.>(a)Located witfin 15 mOcs of an exit ramp tomdnal.(b)In continuous operation to provide sanrices el least sight hours per day,five consecutive days per B.“FOOD”serviee business shall provide:(1)Reslrodm facllilies (or cuslomers.(2}Telephone available for emergencies ot the pubftc duriog house of operation.(3)If.a food scfvko business is part ol a food court located within a shopping mail.Ihe shopping mail may qualify as the,responsible operator il the lowj court compfieswith (1)and (2)above and has eJearty jdonafiabio on-promtse signingconsistent'mlh ttto logo sign that Is suffident to guide motorists di-ecily to the entrance to the food court1.Prfnftary k>od business:(a)Located wfihin three miles of an exit armp terminal,fb)is open for q»ratIon no later than 7 a.tn.(c>Provide seating for at least 20 persons.(tO In continuous operation to provkle service at least throe moals per day (breakfast,lunch,ar>ddinner]at least six (6)da^.par week.2.Secondary food business:‘;(a)Located within 15 rniles of an oxh ramp terminal.,(b)In conlfnuous operation lo serve al least two meals per day (either breakfast and lunch,or lunch^....artd dinrter)for a miremum of five consecutwe days per week.•.C."LODGINQ”service business shall provide:.(1)Fivo or mare units of sleeping acc^vnodations.(2)T^ephone available for emergencies to the public cfejtfng hours the lobby is open lor registration1.Primary lodging bu^ess;••..’(a)Located within three miles of an oxtc ramp terminal.2.Secondary Itsdging business:-.(a)Located withinTSmles Of an exit ramp terminal.D.XAMPING"service buolnesa ahan provide:(1)Be able to accommoc^la ail common types of,travel IraSers and recreational vehicles.(2)Be'equipped ot handle a minimum of 15 travel traRefsdr recfdatiohal vohldDS(3)Be avaifabio on a year round basis unless camptng in the generai area is of a seasonal nature in which case thelacifeii^in questions shall be open to the public 24 hours per day.7 days per week during the entire season.(4)Drinking water and a sower hook up or dumping station.I.Primary cam^g business:•(a)Within five miles ol an exit ramp terminal.2.Secondary camping business:.(a)Within 15 mites of an exit armp terminal.E.•ATTRACTION'*service business Shall provide:<t)Derive lass than 50%of its .sales from the sale of alcohol ccrisumed on the premises,or gambling(2)Derive more than 50%of its sates or visitors during ;hb normal business season from motorists not resldino wtthioa25mileradiusofthebusiness.^(3)Provide at least 10 parking spaces.(4)Provide restroom fanlili&s and drinking water..(5)Bein continucus'operalionatleMtalx hours perday,six daysperweek,exceptat.An arena attraction shall hold events at etas!2d days annually:b.A cultural attraction shall be open at toast 180 days annually;c.An educational attraclicn shall operate at least six hours per <fay.five days por week.(6)Hava a mifwnum annual attendance of 6,000 exc^t if tho atbactfon business.se^onal basis,the attraction shall have a minimum annual attendance ol 2.500.(7)Meet the definRion of attraction kt the Rule. 1.Primary attraction business (a)Located wHhln three mites oi an exit ramp terminal.2.Secondary attraction buwness Located wititin IS miles of an exit ramp termite. n St basin .For a secondary business,tho lessor may enter into a etase for ot live years,or renew a lease forbptoifveyears,with'the foUowIng etrms:"^^\ho operator Is guaranteed a twm of two years,providr^the responsible operator complies wiBiall other terms of {2}After iho two year period,the lessor shall terminate the lease end remove the Jrao sign If another business with hiohsr orlcrifvrequestsleasespaceforalogosign;and ^«y-The lessor shall notify the responsihte operator at least six months boforo terminating the lease and romovfng the logo sign. y Page 9 of 14 n n n REQUIREMENTS FOR DISPLAYING INTERSTATE LOGO SIGNS r First and last month of lease are required as a deposit. Signed lease and signed draft authorization card for bank withdrawal of monthly payments. 5%discount available for yearly payment in advance with,order.Quarterly payment option is also available. Logo sign with high intensityor diamond grade scotchlite copy is lobe provided by customer at its own expense.Arizona Logo Sign Group will prpvide this service at rates outlined on separate sheets provided.The customers may provide their own iogo sign{s)provided that it conforms to current specifications of the Arizona Department of Trarisportation (ADOT). Please ask your Arizona Logo Sign Group representative for further details about providing your own logo sign(s).Arizona Logo Sign Group must approve all artvrork in writing for customer's logo sign(s), whether logo sign(s)are provided by the customer or Arizona Logo Sign Group,No logo sign(s)shall be installed until they have been approved. The eligibility of logo sign(s)on the specific service information sign(s)is determined by a- Rule set forth by ADOT (hereinafter referred to as the Rule).Certain Rule provisions are contained in the lease;;The complete Rule is available from Arizona Logo Sign Group upon requestEligibleresponsible operators for LOGO signs shall be selected by a lirst come,first serve” rule until the maximum number of permissibjelogosigns is reached.The term “first come,first serve”is interpreted to be a furictipn;6f distance,'rather than time.In other words,there may be more businesses eligible for signing within the mileage limit than the number of logo signs permitted on a specific seMce information sign.Those businesses nearest the exit ramp terminal of an intefchange'with the crossroad vyiji be given first priority for signing,subject to certain other requirements as coritained in the Rule.The determination of distance shall be based on applicable official government fight-pf-way maps or plans,as to the location of aterminus:all center points,and diiveway location of a particular business. A 72-hour decision period will be allowed after presentation to potential advertisers.During that tifne,signed leases'with deposits will be accepted,wnth eligibility determined by the Rula ^ No lease is considered valid or “iri effect”unless it is ‘1ully executed,"that is,signed by the President of Arizona Logo Sign Group as well as the legal representative of the customer. This sheet is used to highlight the main questions regarding the program.For specific information and explanations,refer to the le^e document and the Rule, 1. 2. 3. 4. 5. 6. 7. o 8. 9. Page 10 of 14 n n n o n o 2.Old West Highway and Idaho Road (Highway 88) Intersection Enhancements Concept:Improve the safety and aesthetics of the intersection, enhance one of the main gateways'to the City's central business district. n Could Include: 1.Decorative,'improved crosswalks 2.Landscaping■and decomposed granite 3.Irrigation systems (sized for future additional phases) 4.Improved drainage (secondary feature) 5.Safety features such as decorative medians to mitigate the dangers of the intersection Points to Consider: 1.ADOT right-of-way.$1 million. 2.Opportunity to address some existing safety concerns of intersection. 3.Chance to'start revitalization of Old West Highway median landscape.''' 4.Subject to ADOT approval. 5.Unforeseen costs;utility clearances,irrigation water supply, electrical,etc. 6.Long-term maintenance commitment. 3 .Idaho Road Enhancements Concept:A phased enhancement project along Idaho from US 60 to. North Apache Trail.n Could Include: 1.Landscaping 2.Site furniture 3.Trash receptacles 4.Scenic view area 5.Raised medians 6.Decorative crosswalks at existing locations Points to Consider: 1.City bears no responsibility for match,design,'or over run costs.-■, Page 12 of 14 n n 2.$1 million is the maximum. 3.$1 million would provide possibly 1/2 mile to 1 mile of landscaped medians.Co-st variables include:utility relocations,extent of landscaping,utilities for landscape irrigation systems. 4.Is there space along Idaho for these enhancements? 5.Will ADOT approve of such enhancements? 6.Will the private sector contribute anything? 7.Project probably would need to be done in phases. 8.If this project is funded,future TEA-21 funds could not be requested until 2012 at the earliest.Is the City willing to wait that long for the next phase to be considered?Is the City willing to continue this project if TEA-21 funding is,not obtained?Is the City willing to spend its .funds to complete subsequent phases of the project? 9.Idaho is the gateway to:Portalis,.downtown,retail,chain of lakes.It is important to make a positive statement! 10.This project would enhance the curb appeal of the city thus supporting city's economic development efforts. 11.City responsible to maintain. 12.Raised medians may interfere with private driveways causing design challenges. 13.Would there need to be a uniform wall running along private property and Idaho Road right-of-way to better separate public and private facilities?Would private property owners be willing to cost share on the wall -or gift/sell additional frontage property for right-of-way? 14.Concentrate efforts on Southern to Broadway;make statement! 15.Tie into future plans at CAC.Entrance to CAC campus? 16.Complement what is planned/suggested for south of Superstition. Check plans. 17.Complement what has already been done by Fire District. 18 .Mural/design on existing walls. 19.Can the grant include consultant fees for design suggestions? 4.Highway 88 and Superstition Blvd Roundabout and Intersection Enhancements n n Concept:Installation of a roundabout.Subsequent installation of enhancements to improve the aesthetics and safety of a majorintersectionbytheCityandCountyComplexes. Could Include: 1.Roundabout 2.Decorated,improved crosswalks 3.Landscaping and decomposed granite/rock 4.Safety features to mitigate the dangers of the intersection Page 13 of 14 nn 5."Welcome to Apache Junction"signage with art/sculpture. Points to Consider: 1.Possible future realignment .'and-signalization of intersection. 2,Help extend City Hall landscape theme east to Hwy.88. 3.Help spruce up Pinal County Complex Hwy.88 frontage. 4.Help tie in existing landscape at-Hwy.88 and N.Apache Trail. 5.ADOT District Maintenance Engineer to check on the availability of Hazard Elimination Safety and District Minor funds for the installation of the roundabout. 6.City needs to get this 'project onto CAAG's 5 year plan. n n Page 14 of 14 n n Attachment 2 2010 Proposed TEA-21 Projects Questions To Be Researched 1.City's East Entrance/ADOT Storage Yard Enhancements n Question 1:Could a shared use path be included in this project? Answer 1:ADOT would consider supporting a multi-use path on the US 60 off ramp,but the City or County would have to agree to maintain it.Also,ADOT would have to insure that the project location is on ADOT property.Not on property in which ADOT has only a lease or easement.Multi-use paths are owned by the local government.They are placed on ADOT Right of Way through an encroachment permit.The city or county has to complete an application for encroachment permit.There is no permit fee. They have to include proof of insurance and copies of any appropriate plans.If the project is federal funds,then the local government office assists them with a Joint Project Agreement and an encroachment permit. (ADOT District Engineer/Public Works Director) Additional Information from Public Works Director: ADOT and City staff have approached this project in a phased approach as shown below: Phase I:Asphalt Stockpile Flattening Status:Large scale work completed. Phase II:Community Clean Up Effort using ADOT/City/Volunteers Status:Large scale work competed. Discussion:Longer term.City would have to look at adding City staff time to improve the weed control on the exit ramp because ADOT is typically not funded to trim rural area ramps.City staff would defer to ADOT on whether it is feasible for ADOT to increase its trimming in this period of declining revenue. Page 1 of 3 nn Phase III:Entry Monument Status:Evaluation stage. Phase IV:Double Off Ramp, This would be a $5-10 million project that would have to be funded by the City because ADOT traffic volumes do not support a double off ramp.This phase is probably not possible= unless it is important enough to Council to decide to bond the project or get a loan to pay for it. Discussion: n QueS'ti.on 2:Would this phase require that any work done with an earlier TEA 21 grant be ripped out?If so.City may be financial liable for removing a TEA 21 project-before the conclusion of the project's "life expectancy".Per discussions with ADOT staff, life expectancy for a TEA 21 project as envisioned here could be as little as 10 years and,as much as 15-20 years. Answer 2:My guess is that ADOT will not prioritize/allocate money for this location for well over that time frame.There is a US 60 realignment starting about at Mountain View heading EB that may impact this location a bit based on whatever final ADOT ramp design works out to;however,I don't think ADOT has funded the realignment project as yet.It may be very long term unless public private partnership or other alternative funding mechanisms become available to ADOT/others.(Public Works Director) 2.Way Finding Signage System Question 1:what is the Yuma program? n Answer 1:This question was being researched at the time the staff report was submitted. 3.In^l^nentation of City's Trail/Bike Plan Question 1:Could this be a State project by beginning implementation on a State ROW (e.g.Idaho Road)? Answer 1:ADOT would consider supporting a multi-use path on Idaho Road,but the City or County would have to agree to maintain it.Also,ADOT would have to insure that the project location is on ADOT property,not on property in which ADOT has only a lease or easement.Multi-use paths are owned by the local government.They are placed on ADOT Right of Way through an Page 2 of 3 n n encroachment permit.The city or county has to complete an application for encroachment permit.There is no permit fee. They have to include proof of insurance and copies of any appropriate plans.If the project is federal funds,then the local government office assists them with a Joint Project Agreement and an encroachment permit. (ADOT District Engineer/Public Works Director) Questions 2-4:is it a bad idea to start this project on State ROW?n Are there any other State ROWs that could be included in an initial implementation phase? Realistically,what could be done with $1 million on Idaho? Answers 2-4:Realistically, funded in light of potential costs and there may be some difficult design matters to resolve. this one may have to be joint I will defer to the ADOT District Engineer on numbers and whether what I propose below is feasible within ADOT required roadwaydesign/clearance distances.We must remember that it is ADOT's roadway. However,entry corridor coming into the City ties with the community's long term hope to improve ADOT Idaho Road entry way.This roadway is old and also currently needs roadway rehabilitation, ways towards outside edge multi-use trail type of improvement goal.The storm drain that ADOT installed with this project in1990(+/-)would help with outside edge of roadway drainageconsiderations. I'm thinking a million dollars would go,quite a. O' As example:a multi-use concrete or decomposed granite rock surface multi-use path could be constructed (many unknown relocation costs),in the 9.5-11.5 .(+/-)feet of ROW remainingtheoutsideedgesofsidewalksononeorbothsidesoftheroad. Alternatively,4.5 LF of roadway expansion on each side with reconstruction of curb.gutter and sidewalk on outside edges would make for bicycle lane installation on the outside edge of,the This would be quite a bit more expensive than An alternative on roadway, installing something in,current open,ROW. approach,if Council consensus is to go this way even with bignumbers,would be to look at whatever we are short on ADOT estimated funds needed for complete.job to be split out into phases (approximately 11,000 LF from north of US 60 to SR 88;As small as US 60 to Southern;to Broadway to Old West Highway to SR88).(Public Works Director) Page 3 of 3 nn ROLL CALL VOTE NOT /iL y Mi n 01'\Q MEETING OF_^ITEM# SECONDED BY:MOTION BY: NO ABSTAINEDYES 7COUNCILMEMBERDIETZ COUNCILMEMBER BARKER 7VICEMAYORECK COUNCILMEMBER COLEMAN 7COUNCILMEMBERSERDY 7COUNCILMEMBERWILSON2MAYORINSALACO n IN FAVOR OPPOSED ABSTAINEDUNANin^yUSTOTAL / - ITEM NO.10 I MOVE THAT THE FOLLOWING DIRECTION BE GIVEN TO STAFF REGARDING THE TRANSPORTATION EQUITY ACT OF THE 21ST CENTURY (TEA-21)PROPOSED STATE PROJECTS FOR ROUND 18 FUNDING: 1 nn ROLL CALL VOTE y NOTES: z— MEETING OFITEM# |A:SECONDED BY:MOTION BY: ABSTAINEDNOYES 7COUNCILMEMBERSERDY 7VICEMAYORECK yCOUNCILMEMBERDIETZ 7COUNCILMEMBERWILSON yCOUNCILMEMBERCOLEMAN COUNCILMEMBER BARKER MAYOR INSALACO n ABSTAINEDOPPOSEDINFAVORUNANIM^^STOTAL ITEM NO.tl I MOVE THAT AN EXECUTIVE SESSION AT 5:45 P.M.AND A WORK SESSION AT 7:00 P.M.BE HELD ON MONDAY,JUNE 14,2010,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,JUNE 15,2010, IN THE CITY COUNCIL CONFERENCE ROOM. ADJOURNMENT: I MOVE THAT THE MEETING BE ADJOURNED AT P.M. X ROLL CALL = z WS: h REG SPEC CITY COUNCIL P / A P / A P / A MAYOR INSALACO V VICE MAYOR ECK f/ COUNCILMEMBER BARKER ✓ COUNCILMEMBER COLEMAN V COUNCILMEMBER DIETZ COUNCILMEMBER SERDY >/ COUNCILMEMBER WILSON j/ TOTAL c ki CITY STAFF: VIA City Manager George Hoffman Assistant City Manager Bryant Powell City Clerk Kathleen Connelly V City Attorney Joel Stern Public Safety Director Jerald Monahan .�• City Engineer Giao Pham Parks & Recreation Director Jeff Bell 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 to the City Manager Matt Busby f !1 e/ OTHERS. , 1,11" \II, oi?4/- Y � f 163-) Date: (; -/-- /0 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? Ye No❑ Only If Necessary ❑ Ei I am in favor of the proposed Item. ❑ I am opposed to the proposed Item. JVTJY Name (Print) 9. " - P/itIR 4 v Se7 Address City Zip Code ?9 3 - 3 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