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HomeMy WebLinkAbout2011 03.01 City Council Regular Agenda PLEASE FILL OUT A"REO` ,;T TO SPEAK"FORM IF YOU WISH TO ADDRE 1HE COUNCIL AT CALL TO THE PUBLIC OR ON ANY NON-PUBLIC HEARING ITEM (7.07.4,C 2 0 o f Junction p ache Home of the .S`i,pei:I tiofr Mountains gRf20Nr APACHE JUNCTION CITY COUNCIL CITY COUNCIL CHAMBERS 300 EAST SUPERSTITION BOULEVARD APACHE JUNCTION,ARIZONA 85219 REGULAR MEETING AGENDA March 1, 2011 7:00 PM a14 • tw'''::W"-3.'. .w..rcM"x2� ,r����'.... rnf :"�+�'s" 'dk'� .:�`��..n.,.....;d7.w..�',�°ua«,t� _..,...li7car`"�.'»3�.. ,.. A. CALL TO ORDER. B. INVOCATION AND PLEDGE OF ALLEGIANCE. c• ROLL CALL. D. CONSENT AGENDA. The Council may, at this time,take single action on any or all 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 any item from the Consent Agenda for discussion and cause a separate vote on the matter later in the agenda 1. Acceptance of Agenda. 2. Approval of Minutes of Regular Meeting of February 15,2011. 3. Consideration of award of contract to Nesbitt Contracting Co.,Inc.for the Winchester Road Improvements,PW 2010- 07,in an amount not to exceed$1,001,546.12. Staff respectfully requests council approval to enter into a contract with Nesbitt Contracting Co., Inc.for the Winchester Rd Improvement Project, PW2010-07, in an amount not to exceed$1,001,546 12 The total amount includes 10%for unforeseen change orders 4. Consideration of Resolution No. 11-02,authorizing the city to enter into an intergovernmental agreement with Arizona Department of Transportation(ADOT)for the construction of landform rock art graphic at Idaho Road and US 60 traffic interchange. Staff respectfully requests entering into an IGA with ADOT for the construction of Iandform rock art graphics at Idaho Road/US 60 interchange through the use of Transportation Enhancement funds awarded the city in 2009 Resolution No 11-02 authorizes the city to enter into the intergovernmental agreement with ADOT to construct the landform rock art graphics at Idaho Road/US 60 interchange 5. Consideration of an agreement with Southwest Slurry Seal for the street maintenance slurry sealing of select city streets in an amount not to exceed$300,429.80. Staff respectfully requests city council approval of the Southwest Slurry Seal agreement through Pinal County cooperative contract #EC09-002 for the street maintenance slurry sealing of selected streets throughout the city to be performed this spring in the amount of$273,118.00 with a 10%contingency of$27,311 80 for a total not to exceed amount of$300,429 80 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 None F• ANNOUNCEMENT OF CURRENT EVENTS. The Mayor or any member of Council may at this time present a brief summary of current events However, no discussion shall take place on such items except for clarifying comments related to substance,time and location G CITY MANAGER'S REPORT. The City Manager, members of City staff or those individuals designated by the Manager may present information pertinent to items under consideration or information related to the operation of the City There shall however be no discussion at this time except for clarification inquiries 6 MANAGER'S REPORT H. PUBLIC HEARINGS. Public hearings required by applicable law shall be conducted by the Council and any person shall be given the opportunity to speak All remarks shall be addressed to the Council as a whole and not to any member thereof Such remarks shall be limited to five(5)minutes unless additional time is granted by the Mayor This time limitation shall not apply to applicants and their agents appearing before the Council. 7 PUBLIC HEARING,SELECTION AND DIRECTION TO STAFF REGARDING SUBMITTAL OF APPLICATIONS FOR FISCAL YEAR 2011 COMMUNITY DEVELOPMENT BLOCK GRANT AND FISCAL YEARS 2010/2011 STATE SPECIAL PROJECT GRANTS. Recent information from the Arizona Department of Housing regarding the CDBG and SSP grant programs requires the city to reconsider the projects to be submitted as grant applications and to conduct an additional public hearing to determine which projects to submit for funding At the conclusion of the public hearing,the city council will need to select the project(s)for submission as CDBG and SSP grant applications I. OLD BUSINESS. The Council shall consider any business that has been previously considered and which is still unfinished to include those items previously postponed or tabled No member of the public shall be permitted to speak on these items unless invited to do so by the Mayor after first submitting a written request-to-speak form with the City Clerk. None NEW BUSINESS. The Council shall consider any business not yet considered No member of the public shall be permitted to speak on these items unless invited to do so by the Mayor after first submitting a written request-to-speak form with the City Clerk None K. COUNCIL DIRECTION TO STAFF. ,... This item allows the Mayor and City Council to direct staff on specifically listed matters None L. SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES: 8. EXECUTIVE SESSION AT 5:45 P.M.AND WORK SESSION AT 7.00 P M.FOR MONDAY,MARCH 14,2011 9. EXECUTIVE SESSION AT 5:45 P.M.FOR TUESDAY,MARCH 15,2011 OTHER MEETINGS IF NECESSARY M. CALL TO PUBLIC. At this time the public has the privilege to address the Council with requests,communications,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. 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 .+w CITY COUNCIL REGULAR MEETING FEBRUARY 15, 2011 The regular meeting of the City Council of the City of Apache Junction, Arizona, was held on February 15, 2011, at the Apache Junction City Council Chambers pursuant to the notice required by law. CALL TO ORDER Mayor Insalaco called the meeting to order at 7 : 00 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 Dietz Councilmember Barker Councilmember Coleman Councilmember Eck Councilmember Serdy Councilmember Wilson Staff Present : City Manager George Hoffman Assistant City Manager Bryant Powell City Clerk Kathleen Connelly City Attorney Joel Stern Public Safety Director Jerald Monahan Planning Manager Fred Baker Others Present : Senior Planner Rudy Esquivias REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 15, 2011 PAGE 1 OF 19 ACCEPTANCE OF CONSENT AGENDA Vice Mayor Dietz MOVED THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED; AND THAT RESOLUTION NO. 11-05, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, DESIGNATING POLLING PLACES AND VOTING DISTRICTS AND THE TIMES THAT SUCH POLLS WILL BE OPEN; APPOINTING ELECTION OFFICIALS AND FIXING THEIR RATE OF COMPENSATION, BE APPROVED. Councilmember Barker SECONDED THE MOTION. VOTE: Unanimous . The motion carried. ANNOUNCEMENT OF CURRENT EVENTS Mayor Insalaco welcomed Boy Scout Troop 354 from Apache Junction. Councilmember Wilson announced the weekend before last they had the 4th annual Carriage Driving Competition in Apache Junction. It was the largest number of entries they have had, having 47 entries . Many were from outside the valley, including Flagstaff and Benson. The exhibitors commented they enjoyed the facilities and the surrounding area, and complimented the parks and recreation department for attending to their needs . However, there were many people that came to view the competition but there were no seats. He suggested they have some bleachers set up next year for them. Councilmember Wilson thanked parks and recreation for the Salt River Brass concert . They did a very good job. Everyone in attendance enjoyed it . Councilmember Wilson announced Cole' s Farrier, Feed and Vet Supply, 9100 East Old West Highway, is offering to take all paper and boxes to be recycled, plus the twine from bales of hay. They have found a market for the twine. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 15, 2011 PAGE 2 OF 19 Councilmember Barker congratulated the police department on their Adopt-A-Pet event on Saturday morning. It was very crowded and had lots of pretty dogs and cats . They did a great job. Councilmember Eck commented there is a recycling canister just south of Walgreen' s by Blockbuster that is for shoes and clothing. He also saw another one taking paper products on the east side of Meridian south of Broadway. Councilmember Coleman announced next Sunday is the Lost Dutchman Marathon. He was told today people are coming from as far away as Australia to participate. They are also sending them information on Lost Dutchman Days AWARDS, PRESENTATIONS AND COMMUNICATIONS None. CITY MANAGER' S REPORT City Manager George Hoffman thanked Councilmembers Barker and Coleman for being active in the legislative process, commented on the library winning a $70, 000 grant for investor education, the brochures sent out by and visitors attending the Visitor Information Center in 2010, the beginning of construction on Plaza Drive, Captain Troy Mullender being invited to participate in the FBI National Academy, and read a letter from Lucy Young, president of the board of directors of Friends of Apache Junction regarding the recent fundraising events for the parks and recreation department. PUBLIC HEARINGS APPLICATION FOR A TEMPORARY EXTENSION OF PREMISES FOR JAKES-0- MINE SALOON City Clerk Kathleen Connelly briefed the council on the item Mayor Insalaco requested the applicant address the council. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 15, 2011 PAGE 3 OF 19 Ms . Liz Reynolds addressed the council . She stated they want to make a difference in the community. This event is for one of their long time friends . He lost his woman, house and dog. They are raffling off his motorcycle at $2 a ticket . All monies will go to Charlie. They will need some extra room for the event . Mayor Insalaco opened the public hearing on the item. There being no one wishing to speak, he closed the public hearing and reopened the item to council discussion. There being no further discussion, he called for a motion. Councilmember Barker MOVED THAT THE APPLICATION FOR A TEMPORARY EXTENSION OF PREMISES FOR JAKES-O-MINE SALOON FOR FEBRUARY 27, 2011, SUBMITTED BY MONA E. REYNOLDS, BE RECOMMENDED FOR APPROVAL TO THE ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL. Vice Mayor Dietz SECONDED THE MOTION. VOTE: Unanimous . The motion carried. APPEAL OF CERTAIN LANDSCAPING REQUIREMENTS FROM MURPHY OIL FUEL DISPENSING STATION LOCATED AT THE SOUTHWEST CORNER OF APACHE TRAIL AND DELAWARE DRIVE Planning Manager Fred "ow Baker briefed the council on the item. Mayor Insalaco asked if there will be big trees in the landscaping that will be hitting wires . It seems every place they have had them, Salt River Project has been topping them and makes them look like umbrellas . Planning Manager Fred Baker stated the lines are on Apache Trail and are way above it . The lines on Delaware are on the other side of the street. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 15, 2011 PAGE 4 OF 19 Mayor Insalaco requested the applicant address the council . Mr. Kevin Parker of Greenburg Farrell, 1600 N. 80th Street, Scottsdale, addressed the council. He introduced Glenn Wright of Tennessee who is with Murphy Oil . Mr. Glenn Wright, Murphy Oil, Ask 141 Eagles Glen Drive, Franklin, Tennessee, addressed the council . Murphy Oil is a south Arkansas-based company in existence since the 1920' s . In 1961 they started purchasing wells and funding wildcat drillers and became Murphy Oil, buying out other oil companies and refineries at the time. He briefed the council on some of their facilities worldwide. About 15 years ago they started projects with WalMart. Their prices will be competitive with the local market. They have come up with an atypical canopy design to match what they are trying to do in Arizona . This will be the first station in Arizona; they are also looking at Show Low. Vice Mayor Dietz commented he likes what they are doing with the station. It has the accent they are looking for. Mr. Glenn Wright stated it seems to fit in with that area, particularly with what Starbuck' s did across the street . He thinks it makes a very unique and fitting site. Mayor Insalaco stated he will let this council be the first one to welcome him to the 'El' community. Mr. Glenn Wright thanked him and stated they are glad to be here. Councilmember Serdy commented they want to see all the businesses filled in the city. He asked what happened to the business before and if there was a problem how they could keep it from happening again. Mr. Glenn Wright stated initially, probably 1992 or 1993, several companies went to REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 15, 2011 PAGE 5 OF 19 WalMart with this same plan, whereby WalMart would lease a piece of their property to the company and the company would build, operate and maintain a station. They would be a lessor. Rather than give his company all of the stations that they should have, they gave the northeast stations to Sunoco and 12 to 15 stations in the west to Fasaro. His company' s vision on how to run these stations was born in England and France when they saw that during the 80' s the hypermarkets like WalMart on steroids, independent gasoline stations with 8 pumps would go in there and garner 50% of the total gasoline sales . They did not feel they could do that well here with the cost margin differences in Europe, but they felt they could make a winner out of it . They tried to build a nice unit at an economical price and go to the public with the savings . They are not tight but they are conservative. They have a nice design that would fit in 99. 9% of the cases . He thinks Fasaro had 15-20 units at their peak, his company has over 1, 100 . There are 1, 200 to 1, 300 stations over the last 10 to 15 years with a program that brings something for his company and something for the city that they go into. It has been fortunate for them and beneficial wherever they have gone. Councilmember Serdy asked if this is the same company that does Murphy' s Oil Soap. Mr. Glenn Wright stated it is not Murphy Oil is strictly a finished product, a retailer, wholesaler and shipper of oil . Councilmember Eck commented he really likes the design. Usually when they lose a station a 6 foot fence goes up with barbed wire at the top. It is aesthetically unpleasing. The fence has been down for some time now, but it is a waste of a good location. He is glad to see them coming in. Their design is great . Mr. Glenn Wright stated they tried to tell WalMart to go 100% with them but they would not listen. Mayor Insalaco opened the public hearing on the item. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 15, 2011 PAGE 6 OF 19 Mr. Elliott Fisher, 547 E. Quail, Apache Junction, addressed the council . He agrees with Mr. Eck about the eyesore situation. A similar situation is at Idaho and the Trail . He is concerned with the oil business market with electric cars coming, and what the exit strategy would be if they have to go. He would like some kind of commitment that they would clean up the site and pull out the tanks . He thinks some of the other empty stations are sitting simply because it is so expensive to clean up the Environmental Protection Agency problem. Mayor Insalaco closed the public hearing with no one else wishing to speak. He reopened the item to council discussion. There being no further discussion, he called for a motion. Councilmember Eck MOVED THAT THE APPEAL OF CERTAIN LANDSCAPE REQUIREMENTS FROM MURPHY OIL FUEL DISPENSING STATION, LOCATED AT THE SOUTHWEST CORNER OF APACHE TRAIL AND DELAWARE DRIVE, BE APPROVED. Councilmember Barker SECONDED THE MOTION. VOTE: Unanimous . The motion carried. RESOLUTION NO. 11-03, ADOPTING BY REFERENCE THE TEXT AMENDMENT PERTAINING TO HOSPITAL SIGNS AS AN lik APPROVED BY ORDINANCE NO. 1373, CASE AM-3-10/ORDINANCE NO. 1373, CASE AM-3-10, AMENDING THE ZONING ORDINANCE TO ALLOW HOSPITALS WHICH OFFER 24-HOUR EMERGENCY MEDICAL CARE TO HAVE PERMANENT SIGNS IN THE CITY RIGHT-OF-WAY, SUBJECT TO CONDITIONS, AND OTHER AMENDMENTS RELATED THERETO ) Senior Planner Rudy Esquivias briefed the council on the item. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 15, 2011 PAGE 7 OF 19 Councilmember Barker stated this is exactly what we talked about. Mayor Insalaco opened the public hearing on the item. Mr. Elliott Fisher, 547 E. Quail, Apache Junction, addressed the council . He stated this is what happens when you approve something politically; they now have to worry about getting customers into the hospital. They put it in a quasi-residential area and want to sign it up to make it fly. He believes they are doing it selectively and for their own purposes . They should think about things first before they put them in the wrong place. Mayor Insalaco closed the public hearing with no one else wishing to speak. He reopened the item to council discussion. There being no further discussion, he called for a motion. Councilmember Barker MOVED THAT RESOLUTION NO. 11-03, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, DECLARING AS A PUBLIC RECORD THAT CERTAIN DOCUMENT FILED WITH THE CITY CLERK ENTITLED "CASE AM-3-10 : AMENDMENTS TO THE APACHE JUNCTION CITY CODE, VOLUME II LAND DEVELOPMENT CODE, CHAPTER 1 ZONING ORDINANCE, PERTAINING TO SIGNS FOR HOSPITALS" WHICH WAS ALSO ADOPTED BY REFERENCE AS AN EXHIBIT TO ORDINANCE NO. 1373, BE APPROVED. Councilmember Coleman SECONDED THE MOTION. VOTE: Unanimous . The motion carried. Vice Mayor Dietz MOVED THAT ORDINANCE NO. 1373 BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilmember Eck SECONDED THE MOTION. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 15, 2011 PAGE 8 OF 19 VOTE• Unanimous . The motion carried. City Clerk Kathleen Connelly read the ordinance by title only. Vice Mayor Dietz MOVED THAT ORDINANCE NO. 1373, AS READ BY THE CITY CLERK, BE APPROVED. Councilmember Eck SECONDED THE MOTION. VOTE: Unanimous . The motion carried. RESOLUTION 11-04, DECLARING THE TEXT AMENDMENT LANGUAGE ATTACHED TO ORDINANCE NO. 1372, PERTAINING TO MEDICAL MARIJUANA USES IN THE CITY OF APACHE JUNCTION, AS A PUBLIC RECORD/ORDINANCE NO. 1372, AMENDING THE "DEFINITIONS" AND "GENERAL PROVISIONS" SECTIONS OF THE CITY' S ZONING ORDINANCE TO DEFINE, PERMIT AND REGULATE MEDICAL MARIJUANA USES IN THE CITY ) Senior Planner Rudy Esquivias briefed the council on the item. Auk Vice Mayor Dietz asked if there is a 25 mile radius . Senior Planner Rudy Esquivias stated that has to do with a designated caregiver or qualified patient growing marijuana in their own house. There is also a provision here that says that if for whatever reason we do not get a dispensary right away, a person can apply to the state department of health services to get a card to allow him or her to grow marijuana in his own residence. However, their residence must be at least 25 miles from the nearest dispensary. That is the only condition under which a person may be able to REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 15, 2011 PAGE 9 OF 19 cultivate up to 12 marijuana plants at home . A caregiver can administer marijuana for up to 5 patients in his or her care and that caregiver can grow up to 12 plants for each patient. Conceivably, a caregiver in this area could grow up to 60 plants for patients in outlying areas The city is proposing to close that loophole by saying that even if they are a caregiver living in the city and there is a dispensary within 25 miles of the caregiver' s home, then they cannot grow it . The loophole was left in the state legislation and they are trying to close it . He continued with his briefing. There was general discussion on the location of the proposed changes in the council packet . Councilmember Barker asked if the proposed changes would have to be added in the motion. Senior Planner Rudy Esquivias stated that is correct . Councilmember Coleman asked if it can be done by reference. City Attorney Joel Stern stated they can make reference to the memo as written by Mr. Esquivias . Vice Mayor Dietz commented that is dated February 15. It would be the easiest way. Councilmember Eck asked if p the total allocation for the state is around 100 . Senior Planner Rudy Esquivias commented the statewide number is basically one for every 10 pharmacies in the state. That adds up to about 120 stores statewide. A more thorough analysis was recently done, looking at health analysis zones and where the greatest need is . They are recommending through a map disbursing the 120 facilities all over the state. The City of Mesa may get so many, the City of Phoenix will get so many, and Apache Junction one. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 15, 2011 PAGE 10 OF 19 Councilmember Eck commented he thinks those are going to be by volume. Phoenix will probably have 12 or 15 . It will probably not be an issue for us if we have one here. There will probably not be room for a second for years . Senior Planner Rudy Esquivias stated that is what staff believes as well . oak Mayor Insalaco opened the public hearing on the item. Mr. Elliott Fisher, 547 E. Quail, Apache Junction, addressed the council . He asked what good one station in the city will do for all these people that supposedly need the substance for their care . They are also cutting out the caregiver provision wherein the state said the caregiver could have 60 plants . He believed cutting out that competition would raise the price more. If the city is truly for this thing, more than one would be appropriate . It looks like when they have one that they are eliminating competition. It seems to be a trend in the state regarding caregivers . He asked why they are going to have a dispensary with so many stipulations . Mr. Clark Smithson, 1700 S Weaver Drive, Apache Junction, addressed the council. He requested they adopt the CCD district as suggested by staff. He is also concerned about the infusion issue. He requested that they eliminate it if it is allowed to be eliminated by the state at some point . He does not see how anyone can easily regulate how much is going into each product in order to give the correct dosage approved by the state. He was also concerned with having other facilities in the city, such as bakeries, to be used after hours for that . He could see additional problems with that in the future. Mr. Aaron Olson, 535 E. Quail, Apache Junction, addressed the council . He is concerned about the trend seen in California wherein people who do not need the marijuana are sitting around in the parks and on the streets smoking marijuana. He is concerned about the infused products, especially the lollipops that could be mistaken by REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 15, 2011 PAGE 11 OF 19 children as something that would be a treat for them. He does not want them lying around on the street where a child could pick them up and ingest them. Ms . Dina DiGuiseppe, 320 S. Muleshoe, Apache Junction, addressed the council . She left the meeting in Tempe about the Department of Health Services issues . She stated the issues discussed were making it more affordable, cutting down on the abuse, changing the lottery, growing marijuana in a house, and infusion. She would like to see safety. She asked where they would be locating the dispensary. She would like to bring the information to the board. The police and community should know what is going on. It will be dispensed to patients, not potheads . It will be monitored to make sure a doctor is not overprescribing. She stated the plants would have to be grown inside and suggested geothermal energy be looked at They are trying to reduce cost and hope to hire veterans . Mr. Tim (last name not given) , 105 S . 97th Street, Mesa, addressed the council He was concerned about alcohol dispensaries around the city He would like to deal with alcohol abuse first He would like to see them side by side with the marijuana dispensaries. Mr. Rob Evans, 1434 N. Cortez, Apache Junction, addressed the council . He commented the state rules are not written. He cautioned everyone about assumptions that are made until the rules are finalized, which is not until around May. Councilmember Barker stated they will be finalized on April 1 . Mr. Rob Evans stated it is difficult for them to create policy when the state defining policy has yet to be established. Mayor Insalaco closed the public hearing with no one else wishing to speak. He reopened the item to council discussion. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 15, 2011 PAGE 12 OF 19 Councilmember Eck commented people need to remember that this is here because of the public vote and now they have to deal with it . The city is new to this; it is not something they deal with everyday. Mayor Insalaco commented it is new to the state. Councilmember Eck commented the voters voted it in and now they have to do their best to make sure that it is not overused or abused. Councilmember Wilson commented they are dealing with the zoning issues, not with how the laws will be enforced or how it will be handled. Those are all state responsibilities . This is strictly the zoning. Councilmember Barker commented it is important for the people here to understand that we are state-mandated to have a dispensary if they allocate it to this area. If they say this is an area where there will be a dispensary, then there will be one. They are making the choice, not the city. This is totally state dictated. The city does not have a say so in that . The city has a say so in what part of the city they will have these dispensaries in That is the decision they are making at this point . It is what specific part of the city and how do they want to handle it as a city. The state rules will overturn ours . Anything that the state has that is more than ours we have to follow. We do not have that choice. Vice Mayor Dietz commented the state rules will be done by April 1 . Councilmember Barker commented the state is supposed to be finished by April 1 . If we do not have something in place, then we have to follow everything they say. Senior Planner Rudy Esquivias stated the only land use provision in the state law is that a dispensary or cultivation facility has to be 500 feet from a public or private school . Everything else is the doctors, REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 15, 2011 PAGE 13 OF 19 patients, definitions and operating issues. We deal with the land use issues, the state deals with the operating issues . Mr. Evans is correct . The rules are changing on a daily basis. The state hopes to have their operating rules finalized by April 1 . We have tried very hard to gain an understanding of the law and craft our provisions so that we are obeying the letter of the law. If we need to make a couple of adjustments once the state finalizes their rules, we can always come back for amendments . Vice Mayor Dietz commented he wanted to make sure that what they are doing this evening will not interfere with the changes that are still going on with the state. Senior Planner Rudy Esquivias stated not has he understands them. Councilmember Coleman asked what would happen if a charter school goes in after the fact and within the limits . Senior Planner Rudy Esquivias stated he believes the dispensary would be grandfathered. They cannot initially locate within 500 feet of a school, but if they are up, operating and in business and a charter school moves in, they would be grandfathered. Vice Mayor Dietz asked if a charter school would actually move in within the limit . City Attorney Joel Stern r. stated a charter school could move in wherever they have the zoning. They are treated like public schools . They cannot out a charter school just because a dispensary is located in a certain commercial block. A charter school may show up next to one. Councilmember Coleman commented at least then it would be their choice. City Attorney Joel Stern agreed. They choose where they want to locate, what rent they want to pay or if they want to buy a piece of property next to REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 15, 2011 PAGE 14 OF 19 it . If they do not pass anything, what will apply is the text that was approved by the voters and the Department of Health Services rules . That is all that will apply, which is a lot . If they have no restrictions on distances and zoning 'areas, then they will have problems . Come April 1 when the Department of Health Services regulations are ready to go and someone applies with the city and we do not have an ordinance that is already in effect, then they basically beat the deadline and these rules .s. will not be applicable to them if they are not yet in effect. The ordinance is effective 30 days thereafter. Councilmember Coleman asked if there are federal laws prohibiting the use of marijuana. City Attorney Joel Stern stated there are federal laws that say having possession of marijuana is a felony. The United States Attorney has said they are aware of this but they will only go after the big illegal users, producers and cartels. They are not too concerned about an individual who is smoking a joint walking down a sidewalk. Councilmember Barker stated but you can do that according to the state in public. City Attorney Joel Stern that is correct. Councilmember Barker commented that they then cannot be walking down the street smoking a joint . Mayor Insalaco stated the feds are not going to come after them for that . City Attorney Joel Stern stated they are not going to have a United States marshal arrest someone on the sidewalk. It is not going to happen. He has heard a theory that anyone associated with or allowing these things to happen is in a conspiracy. They are breaking the law and should be prosecuted. That would mean any police officer that allows it . He has heard these arguments, but the federal government is not going to do that with the current administration. It is not going to happen. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 15, 2011 PAGE 15 OF 19 Planning Manager Fred Baker commented there is a memorandum from the United States Attorney' s Office that this really applies to medical marijuana. All the other marijuana laws are in place and they will be enforced. They are relaxing the enforcement of medical marijuana laws . Mayor Insalaco closed the discussion with no further comments and called for a motion. Councilmember Barker MOVED THAT RESOLUTION NO. 11-04, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, DECLARING AS A PUBLIC RECORD THAT CERTAIN DOCUMENT FILED WITH THE CITY CLERK ENTITLED "CASE AM-4-10 : AMENDMENTS TO THE APACHE JUNCTION CITY CODE, VOLUME II LAND DEVELOPMENT CODE, CHAPTER 1 ZONING ORDINANCE, PERTAINING TO MEDICAL MARIJUANA USES"; WHICH WAS ALSO ADOPTED BY REFERENCE AS AN EXHIBIT TO ORDINANCE NO. 1372, BE APPROVED. Vice Mayor Dietz SECONDED THE MOTION. VOTE. Unanimous . The motion carried. Councilmember Barker MOVED THAT ORDINANCE NO. 1372 BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Vice Mayor Dietz SECONDED THE MOTION VOTE: Unanimous . The motion carried. City Clerk Kathleen Connelly read the ordinance by title only. Councilmember Barker MOVED THAT ORDINANCE NO. 1372, AS READ BY THE CITY CLERK, BE APPROVED REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 15, 2011 PAGE 16 OF 19 AND ADOPTED WITH THE AMENDMENTS INCLUDED IN THE FEBRUARY 15, 2011 COVER MEMO WRITTEN BY MR. ESQUIVIAS. Councilmember Wilson SECONDED THE MOTION. VOTE: Unanimous . The motion carried. OLD BUSINESS None. NEW BUSINESS None. COUNCIL DIRECTION TO STAFF None. SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES Councilmember Eck MOVED THAT AN EXECUTIVE SESSION AT 5 : 45 P.M. AND A WORK SESSION AT 7 : 00 P.M. BE HELD ON MONDAY, FEBRUARY 28, 2011, IN THE CITY COUNCIL CONFERENCE ROOM AND CITY COUNCIL CHAMBERS, RESPECTIVELY; AND THAT AN EXECUTIVE SESSION AT 5 : 45 P.M. BE HELD ON TUESDAY, MARCH 1, 2011, IN THE CITY COUNCIL CONFERENCE ROOM. Asir Councilmember Barker SECONDED THE MOTION. VOTE: Unanimous . The motion carried. CALL TO THE PUBLIC: REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 15, 2011 PAGE 17 OF 19 Mr. Aaron Michael Olsen, 535 E. Quail, Apache Junction, addressed the council regarding his concern for illegally operating taxi cabs in the city. Mr. Ron Beemer, 1841 E. Tepee, Apache Junction, addressed the council regarding the horsemen' s association sponsoring a candidate forum at the boys and girls club on March 2 . Mr. Elliott Fisher, 547 E. Quail, Apache Junction, addressed the ^' council regarding his belief of an improper sample balloting, the zoning for medical marijuana, and his intention to refer the medical marijuana ordinance. Councilmember Barker requested the city attorney and city manager address Mr. Olson' s issue with him. ADJOURNMENT Mayor Insalaco adjourned the meeting at 8 : 25 p.m. Consent Agenda Items are as follows: 1 Acceptance of Agenda. 2 . Approval of Minutes of Regular Meeting of February 1, 2011 . 3 Consideration of Resolution No. 11-05, Designating polling places and voting districts, appointing election boards and fixing their rate of compensation. ACCEPTED THIS 1ST DAY OF MARCH, 2011, BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA. SIGNED AND ATTESTED TO THIS 1ST DAY OF MARCH, 2011 . JOHN S . INSALACO Mayor REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 15, 2011 PAGE 18 OF 19 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 15th day of February, 2011 . I further certify that the meeting was duly called and held and that a quorum was present . Dated this 23rd day of February, 2011 . 1. KATHLEEN CONNELLY ( I City Clerk rr REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 15, 2011 PAGE 19 OF 19 PQACNE d 1 C), City of Apache Junction r�'y `r �= Home of the Superstition Al olrntain.y 4RrzoN* Print TO: City Manager's Office FROM: Giao Pham, P.E., Interim Public Works Director DATE: March 1, 2011 Amb Agenda Type : Regular Agenda Council Priority Focus Area: Community Infrastructure TITLE OF AGENDA ITEM: Consideration of award of contract to Nesbitt Contracting Co., Inc for the Winchester Road Improvements, PW 2010-07, in an amount not to exceed$1,001,546.12. ACTION REQUESTED: Recommendation for Approval DISCUSSION/ BACKGROUND INFORMATION: Staff respectfully requests council approval to enter into a contract with Nesbitt Contracting Co., Inc.for the Winchester Rd Improvement Project, PW2010-07, in an amount not to exceed $1,001,546.12 The total amount includes 10%for unforeseen change orders FISCAL IMPACT: Budgeted Expenditure OPTIONS/ALTERNATIVES: RECOMMENDATION: Approval. ATTACHMENTS: Click to download 0 Memo to Council 0 Construction Contract vs)ACHE IO y Public WorkslDeeparttment UI• 0 etely 0/14/44 tholeSejos Home of the Superstition Mountains 'QRI ZONa February 15,2011 Memorandum to: Honorable Mayor and Members of the Council Through: George Hoffman,City Manager From: Giao Pham,P.E.,Interim Public Works Director Regarding: Award of Bid for Project PW 2010-07 Winchester Road Improvements The Winchester Road Improvements consist of full street improvements for one half mile from 16th Avenue to Old West Highway. Full street improvements will include the following removal of existing asphalt pavement including base materials, installation of new base material and asphalt pavement, curb and gutter, sidewalk, driveways, ADA Accessible ramps, three 4'Xl0' concrete box culvert with wing walls,concrete scuppers,hand rails,installation of streetlights,trenching,conduits,pull boxes,adjustment of existing utilities,signing and striping and other street related improvements. Ten(10)bid packets were received and opened on Wednesday,February 2,2011,out of forty-one(41) packets e-mailed or picked-up The bids ranged from$910,496.47 to$1,242,636.55. See attached page for complete listing of all ten bids. Bid Opening Summary Total Nesbitt Contracting Co.,Inc. $910,496.47 Visus Engineering $929,800 00 Markham Contracting $934,150.00 Engineering Estimate $1,000,000 00 The Public Works Department recommends award to Nesbitt Contracting Co., Inc for their bid in the amount of$910,496.47. RECOMMENDED MOTION: I MOVE TO AWARD BID PW 2010-07 TO NESBITT CONTRACTING CO.,INC. IN THE AMOUNT OF$910,496.47 PLUS 10% FOR UNFORESEEN CHANGE ORDERS,$91,049.65,FOR A TOTAL OF$1,001,546.12. 575 E Baseline Avenue, Apache Junction, AZ 85119 • Voice (480)982-1055 • FAX (480)983-5752 or(480)982-8005 COMPANY BID TOTALS Nesbitt Contracting $910,496.47 Visus Engineering $929,800.00 Markham Contracting $934,150.00 Construction 70 Inc $967,375.75 Gunsight Construction $974,755.60 CPC Construction $1,016,416.73 Ricor Inc. $1,107,837 40 Knochel Bros. Inc. $1,175,075.30 Spire Engineering $1,187,872.53 Bison Contracting Inc $1,242,636.55 Engineer's Cost Estimate $1,000,000.00 City OF APACHE JUNCTION AGREEMENT FOR WINCHESTER ROAD IMPROVEMENTS PROJECT PW 2010-07 THIS AGREEMENT made and entered into by and between the City of Apache Junction, an Arizona municipal corporation ("City") and Nesbitt Contracting Co. , Inc an Arizona corporation ("Contractor") . RECITALS A, In response to City' s Notice Inviting Bid Proposals dated January 19, 2011, and any addendums applicable thereto, Contractor submitted a proposal dated, February 2, 2011, in which Contractor asserts its willingness, ability and qualifications to provide this work and service. B. City has complied with the public bidding requirements under Arizona Revised Statute Title 34 and Apache Junction City code Article 3-7 . C. City and Contractor desire to set forth herein their respective responsibilities and the manner and terms upon which Contractor shall render the services . 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: Winchester Road Improvements consist of full street improvements for one half mile from 16th Avenue to Old West Highway Full street improvements will include the following• removal of existing asphalt pavement including base materials, installation of new base material and asphalt pavement, curb and gutter, sidewalk, driveways, ADA Accessible ramps, three 4'X10' concrete box culvert with wing walls, concrete scuppers, hand rails, installation of streetlights, trenching, conduits, pull boxes, adjustment of existing utilities, signing and striping and other street related improvements. All work shall be completed in accordance with the following (hereinafter referred to as the Contract Documents) : 1) the construction plans entitled "City of Apache Junction Winchester 1 Pik Road Improvements PW 2010-07"; 2) the latest "Uniform Standard Specifications and Details for Public Works Construction" by the Maricopa Association of Governments and Standard Details of the City of Apache Junction; and 3) the plans entitled "Winchester Road Improvements- Project No PW 2010-07 as shown and described in the referenced bid documents and included here in under Exhibits. 2. PAYMENTS & COMPLETION: The contract sum shall be the ^ total amount payable by City to the Contractor in the amount of Nine Hundred Ten Thousand Four Hundred Ninety-six Dollars and Forty-seven Cents ($ 910, 496.47) for the performance of the work under the contract documents except for changes authorized by properly executed change orders. Upon notice that the work is ready for 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 payment stating that to the best of their knowledge, 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 submits 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 may furnish a bond satisfactory to the City to indemnify City against any such lien. 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 TIME: Contractor hereby fixes the time for beginning work no later than March 2, 2011 as, with completion no later than May 31, 2011 . Upon failure to complete work within the /m\ time specified, the Contractor shall pay as liquidated damages for the loss of use of the benefit of this project the sum as provided in Table 108 of the M.A.G. Specifications per day for each day the work remains unfinished. 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 or withhold state or federal taxes, or provide workers compensation or unemployment insurance for or on behalf of them or Contractor. Contractor shall supervise and direct the work to be done using its best skill and attention. Except as provided in this Agreement, Contractor shall be solely responsible for all construction means, methods, techniques, sequences and procedures, and for coordinating all portions of the work required by the contract documents. 2 eS Contractor shall be 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 MATERIALS: 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 6. INSPECTIONS AND 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 judgment while 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 construction shall not be deemed an acceptance. and Contractor will be required to correct defective work or 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 receipt of written notice from City. Such work shall include the repair or 3 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 or remedies required by law, and shall survive the expiration of this Agreement for the time period mentioned above. If the Contractor fails within a reasonable time to replace or repair any portion of the work deemed to be needed, the City may cause said work to be done and the Contractor agrees to pay all costs incurred, or the 'City may use the Warranty Bond to pay for costs incurred. 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 public authority bearing on the performance of the work. City permits for this work will be provided to Contractor at no cost. es 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 license current during the term of this Agreement and after termination of this Agreement any time work is performed pursuant to the warranty provisions set forth in Section 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. SUPERINTENDENT: 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 4 information shall be provided to the Public Works Director or his designee in writing within five (5) working days after execution of this Agreement. 11. PROGRESS SCHEDULE: Contractor shall, immediately after entering into this Agreement, reaffirm the estimated progress schedule as submitted with the bid proposal. Said progress schedule shall be maintained and updated during the project. 12. INDEMNIFICATION: Contractor shall defend indemnify and ems hold harmless City, its, agents, officers, officials and employees, from and against all claims, damages, losses and expenses (including but not limited to attorney fees, court costs and the cost of appellate proceedings) relating to, arising out of, or alleged to have resulted from the acts, errors, mistakes, omissions, work or services of Contractor, its agents, employees, or any tier of Contractor' s Subcontractors or any other person for whose acts, errors, mistakes, omissions, work or services Contractor may be legally liable. The amount and type of insurance coverage requirements set forth herein will in no way be construed as limiting the scope of the indemnity in this paragraph. 13. SUBCONTRACTORS: 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 right or rights provided for in this Agreement, shall be tried in a court of competent jurisdiction in Pinal County, State of Arizona. The parties hereby waive all provisions of law providing for a change of venue in such proceeding to any other county. 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 mutually agreed that the prevailing party in such action shall recover all costs including reasonable attorney fees to be determined by the court in such action. 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++6, 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 formally accepted; failure to do so may, at the sole discretion of the City constitute a material breach of this Agreement. 5 OIN Contractor' s insurance shall be primary insurance as respect to City, and any insurance or self-insurance maintained by City shall not contribute to it. Any failure to comply with the claim reporting provisions of the insurance policies or any breach of an insurance policy warranty shall not affect coverage afforded under the insurance policies to protect 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 reserves the right to request and to receive within ten (10) working days, certified copies of any or all of the herein required insurance policies and/or endorsements. City shall not be obligated, however, to review same or to advise Contractor of any deficiencies in such policies and endorsements, and such receipt shall not relieve Contractor from, or be deemed a waiver of City' s right to insist on strict fulfillment of Contractor' s obligations under this Agreement. The insurance policies, except Workers Compensation and Professional Liability, required by this Agreement, shall name City, its Mayor, Council, appointees, agents, officers, officials and employees as additional insured parties. REQUIRED COVERAGE Commercial General Liability Contractor shall maintain Commercial General Liability insurance with a limit of not less than $1, 000, 000 for each occurrence with a $2, 000, 000 Products/Completed Operations Aggregate and a $2, 000, 000 General Aggregate Limit. The policy shall include coverage for bodily injury, broad form property damage, personal injury, products and completed operations and blanket contractual coverage including, but not limited to, the liability assumed under the indemnification provisions of this Agreement which coverage will be at least as broad as Insurance Service Office, Inc. Policy Form CG 00011-03 or any replacement thereof. Such policy shall contain a severability of interest provision, and shall not contain a sunset provision or commutation clause, nor any 6 emS provision which would serve to limit third party action over claims. The Commercial General Liability additional insured endorsement shall be at least as broad as the Insurance Service Office Inc. ' s Additional Insured Form CG 20101185, and shall include coverage for Contractor' s operations and products and completed operations. If required by this Agreement, if Contractor sublets any part of ^ the work, services or operations, Contractor shall purchase and maintain, at all times during prosecution of the work, services or operations under this Agreement, an Owner and Contractor' s Protective Liability insurance policy for bodily injury and property damage, including death, which may arise in the prosecution of the Contractor' s work, service or operations under this Contract. Coverage shall be on an occurrence basis with a limit not less than $1, 000, 000 per occurrence, and the policy shall be issued by the same insurance company that issues Contractor' 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 performance of the work or services; and Employer' s Liability insurance of not less than $100, 000 for each accident, $100, 000 disease for each employee, and $500, 000 disease policy limit. In case any work is subcontracted, Contractor will require all Subcontractors to provide Workers Compensation and Employer's Liability to at least the same extent as required of Contractor 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. CERTIFICATE OF INSURANCE 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 by Contractors insurer (s) , as evidence that policies providing the required coverages, conditions and limits required by this Agreement are in full force and effect. In the event any insurance policies required by this Agreement are written on a "claims made" basis, coverage shall extend for two (2) years past completion and acceptance of the Contractor' s work or services and as evidenced by annual Certificates of Insurance, to be filed with the City Clerk of City. 7 If a policy does expire during the life of the Agreement, a renewal certificate must be sent to City thirty (30) calendar days prior to the expiration date and all required insurance shall not expire, be cancelled, 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. At the close of the project when the work has been accepted by the City, the Contractor shallprovide a WarrantyBond in the amount of Y ten percent (10%) of the Performance Bond. The Warranty Bond shall be held bythe CityduringWarrantyPeriod. 16. CHANGE ORDERS: This is a Lump Sum Contract. However, change orders may be processed as delineated herein. A change order is a written order to Contractor, approved by the Director of Public Works, issued after execution of the contract authorizing a change in the work or an adjustment in the contract sum 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 changes in the work shall be authorized by change order and shall be performed under the applicable conditions of the contract documents. City' s Director of Public Works shall have authority to order minor changes in the work not involving an adjustment in the contract sum or extension of contract time and not inconsistent with the intent of the contract documents. All such changes shall be effected by written order and shall be binding upon City and Contractor. 17. SUCCESSORS & ASSIGNS. City and Contractor each bind themselves, their partners, successors, assigns and legal representatives to the other party hereto and to the partners, 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 monies due or to become due to or to become due to it without the previous written 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 to the last business address 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 8 001 made in writing to such other parties within a reasonable time after the first observance of such injury or damages. 20 . PERFORMANCE BOND & LABOR & MATERIAL PAYMENT BOND: City shall have the right to require Contractor to furnish bonds covering the faithful performance of the contract and the payment of all obligations arising thereunder. Attached are standard bond forms which must be completed by Contractor, and Contractor agrees to conform to all provisions set forth in such forms emS 21 SAFETY: Except as provided herein with respect to trench excavation and traffic regulations, Contractor and/or its Subcontractors shall be solely responsible for job safety at 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 breaches thereunder except as may be specifically agreed to in writing. 23 ENFORCED DELAYS (FORCE MAJEURE) 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. Neither City nor Consultant, as the case may be, shall be considered not to have performed its obligations under this Agreement in the event of enforced delay (an "Enforced Delay") due to causes beyond its control and without its fault or negligence or failure to comply with Applicable Laws, including, but not restricted to, acts of God, fires, floods, epidemics, pandemics, quarantine, restrictions, embargoes, labor disputes, and unusually severe weather or the delays of subconsultants or materialmen due to such causes, acts of a public enemy, war, terrorism or act of terror (including but not limited to bio-terrorism or eco- terrorism) , nuclear radiation, blockade, insurrection, riot, labor strike or interruption, extortion, sabotage, or similar occurrence or any exercise of the power of eminent domain of any governmental body on behalf of any public entity, or a declaration of moratorium or similar hiatus (whether permanent or temporary) by any public entity directly affecting the Project. In no event will Enforced Delay include any delay resulting from unavailability for any reason of labor shortages, or the unavailability for any reason of particular consultants, subconsultants, vendors or investors desired by Consultant in connection with the Project. Consultant agrees that Consultant alone will bear all risks of delay which are not Enforced Delay In the event of the occurrence of any such Enforced Delay, the time or times for performance of the obligations of the Party claiming delay shall be extended for a period of the Enforced Delay; provided, however, that the Party 9 elk elk seeking the benefit of the provisions of this Section shall, within thirty (30) calendar days after such Party knows or should know of any such Enforced Delay, first notify the other Party of the specific delay in writing and claim the right to an extension for the period of the Enforced Delay; and provided further that in no event shall a period of Enforced Delay exceed ninety (90) calendar days. 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 (7) additional calendar days, give written notice to City, terminate the contract and recover from City payment for all work executed and for any proven loss sustained upon any materials, equipment, tools, construction equipment and machinery including reasonable profit and damage. 25. TERMINATION BY City: If Contractor is adjudged bankrupt or if it makes a general assignment for the benefit of its creditors or if a receiver is appointed on account of its insolvency, of if it persistently or repeatedly refuses or fails except in case for which extension of time is provided to supply enough properly skilled works or proper materials or labor or persistently disregards laws, ordinance, rules, regulations or orders of any public authority having jurisdiction or otherwise is guilty of a substantial violation of a provision of the contract 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 expedient. 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. 26. RECORDS: 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. 10 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. 29 CONFLICT OF INTEREST: The provisions of A R S § 38-511 relating to cancellation of contracts due to conflicts of interest shall apply to this contract. 30. 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 § 34-302, 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 Subcontractors will comply with, and are contractually obligated to comply with, all Federal Immigration laws and regulations that relate to their employees and A.R.S. § 23-214 (A) (hereinafter "Contractor Immigration Warranty") . A breach of the Contractor Immigration Warranty shall constitute a material breach of this Contract and shall subject the Contractor to penalties up to and including termination of this Contract at the sole discretion of the City. The City retains the legal right to inspect the papers of any Contractor or Subcontractors employee who works on this Contract to ensure that the Contractor or Subcontractor is complying with the Contractor Immigration Warranty. Contractor agrees to assist the City in regard to any such inspections. The City may, at its sole discretion, conduct random verification of the employment records of the Contractor and any of Subcontractors to ensure compliance with Contractor's Immigration Warranty. Contractor agrees to assist the City in regard to any random verifications performed. Neither the Contractor nor any of Subcontractor shall be deemed to have materially breached the Contractor Immigration Warranty if the Contractor or Subcontractor establishes that it has complied with the employment verification provisions prescribed by sections 274A and 274B of the Federal Immigration and Nationality Act and the E- Verify requirements prescribed by A.R.S. § 23-214, Subsection A. 11 The provisions of this Article must be included in any contract the Contractor enters into with any and all of its Subcontractors who provide services under this Contract or any subcontract. "Services" are defined as furnishing labor, time or effort in the State of Arizona by a Contractor or Subcontractor Services include construction or maintenance of any structure, building or transportation facility or improvement to real property. p 12 IN WITNESS WHEREOF the parties hereto have caused this Agreement to be signed by their duly authorized representative as of this day of , 2011 . Nesbitt Contracting Co. , Inc. By: Title: STATE OF ARIZONA ss . COUNTY OF The foregoing instrument was acknowledged before me this day of 2011, by as Contractor in the above-referenced Agreement. Witness my hand and official seal . My Commission Expires . Notary Public 13 City OF APACHE JUNCTION an Arizona municipal corporation By: JOHN S. INSALACO ..k Its MAYOR ATTEST: Kathleen Connelly City Clerk APPROVED AS TO FORM: Richard J. Stern City Attorney STATE OF ARIZONA ) ss . COUNTY OF PINAL ) The foregoing instrument was acknowledged before me this day of , 2011, by , as (Name) (Title) of the City of Apache Junction, an Arizona municipal corporation, for and on behalf of said Corporation. in the above-referenced Agreement. Witness my hand and official seal . My Commission Expires: Notary Public 14 STATUTORY PAYMENT BOND PURSUANT TO TITLE 34, CHAPTER 2, ARTICLE 2, OF THE ARIZONA REVISED STATUTES (Penalty of this Bond MUST be 100% of the Contract Amount) KNOW ALL MEN BY THESE PRESENTS- That, (hereinafter called the Principal) , as Principal, and , a company /corporation holding a Certificate of Authority to transact surety business in the State of Arizona as issued by the Director of the Department of Insurance pursuant to Title 20, Chapter 2, Article 1, with its principal office in the City of (hereinafter called the Surety) are held and firmly bound unto the City of Apache Junction (hereinafter called the Obligee) , in the amount of Dollars ($ ) , for the payment whereof, the said Principal and Surety bind themselves, their heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated day of , 2011 to which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein NOW, THEREFORE, THE CONDITIONS OF THIS OBLIGATION IS SUCH, that if the said Principal shall promptly pay all moneys due to all persons supplying labor or materials to Principal or Principal's Sub-Contractors in the prosecution of the work provided for in said contract, this obligation shall be void Otherwise it remains in full force and effect- PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Title 34, Chapter 2, Article 2, of the Arizona Revised Statutes, all liabilities on this bond shall be determined in accordance with the provisions, conditions and limitations of said Title, Chapter and Article, to the same extent as if they were copies at length herein. The prevailing party in a suit on this bond shall recover as part of the judgment reasonable attorney fees as may be fixed by the judge of the court. Witness our hand this day of , 2011 PRINCIPAL SEAL BY. AGENCY OF RECORD AGENCY ADDRESS SURETY SEAL BY. 15 STATUTORY PERFORMANCE BOND PURSUANT TO TITLE 34, CHAPTER 2, ARTICLE 2, OF THE ARIZONA REVISED STATUTES (Penalty of this Bond MUST be 100% of the Contract Amount) KNOW ALL MEN BY THESE PRESENTS• That, (hereinafter called the Principal) , as Principal, and , a company /corporation holding a Certificate of Authority to transact surety business in the State of Arizona as issued by the Director of the Department of Insurance pursuant to (hereinafter called the Surety) ^ are held and firmly bound unto the City of Apache Junction (hereinafter called the Obligee) , in the amount of Dollars ($ ), for the payment whereof, the said Principal and Surety bind themselves, their heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated day of ,20 to which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein NOW, THEREFORE, THE CONDITIONS OF THIS OBLIGATION IS SUCH, that if the Principal faithfully performs and fulfills all of the undertakings, covenants, terms, conditions and agreements of the contract during the original term of the contract and any extension of the contract, with or without notice to the surety, and during the life of any guaranty required under the contract, and also performs and fulfills all of the undertakings, covenants, terms, conditions and agreements of all duly authorized modifications of the contract that may hereafter be made, notice of which modifications to the surety being hereby waived, the above obligation is void Otherwise it remains in full force and effect PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Title 34, Chapter 2, Article 2, of the Arizona Revised Statutes, and all liabilities on this bond shall be determined in accordance with the provisions of Title 34, Chapter 2, Article 2, Arizona Revised Statutes, to the extend as if they were copies at length in this agreement. The prevailing party in a suit on this bond shall recover as part of the judgement reasonable attorney fees as may be fixed by the judge of the court Witness our hand this day of , 20 PRINCIPAL SEAL BY: AGENCY OF RECORD AGENCY ADDRESS SURETY BY: ATTORNEY IN FACT 16 CITY OF APACHE JUNCTION WARRANTY BOND PROJECT NO.PW2010-07 BOND NO PREMIUM NO WHEREAS, the City of Apache Junction (hereafter"City") and (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 , 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 the 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 shall be null and void, otherwise, this obligation shall remain in full force and effect 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 to Surety terminating, suspending or revoking the bond. In witness whereof, this instrument has been duly executed by Principal's and Surety on , 20 Principal Surety By Attorney-in-Fact Address 17 City OF APACHE JUNCTION PROJECT NO. PW2010-07 CERTIFICATE OF INSURANCE The certifies that the following insurance policies have been issued on behalf of. NAME OF INSURED: ADDRESS OF INSURED• Type of Policy Effect Expire Limits of Insurance Number Date Date Liability 1 . Workman's $100,000 Each Accident, Compensation $100,000 Each Disease, $500,000 Disease Policy Limit 2 . Commercial $1,000,000 Each Occurrence, General $2,000,000 Products Liability /Completed Operations Aggregate; $2,000,000 General Aggregate Limit 3 Contractual $1, 000, 000 Each Bodily Injury Occurrence & Property Damage 4 Professional $1, 000, 000 Each Claim . Liability 5 Automobile $1, 000, 000 Each . Bodily Injury Occurrence & Property Damage It is further agreed that these policies shall not expire, be canceled or changed until all work has been completed and the project has been accepted by the City If a policy does expire during the life of the contract, a renewal Certificate of the required coverage must be sent to the City of es Apache Junction not less than thirty (30) calendar days prior to expiration date. This Certificate is not valid unless countersigned by an authorized representative of the Insurance Company. The Certificate of Insurance must also provide that the City, its Mayor, Council, appointees, officers, employees and agents, are additional insured parties. Date: Countersigned by: Title: SUBSCRIBED AND SWORN TO before me this _ day of ,2011 by as Insurer. Notary Public My Commission Expires 18 Pp ACHE 04 'Po City of Apache Junction U Z Home o‘f the Superstition Aioun/uns 4PizON* g Print TO: City Manager's Office FROM: Shane Kiesow, Public Works Manager DATE: March 1, 2011 Agenda Type . Regular Agenda Council Priority Focus Area: Community Infrastructure TITLE OF AGENDA ITEM: Consideration of Resolution No. 11-02, authorizing the city to enter into an intergovernmental agreement with Arizona Department of Transportation (ADOT) for the construction of landform rock art graphic at Idaho Road and US 60 traffic interchange. ACTION REQUESTED: Recommendation for Approval DISCUSSION/ BACKGROUND INFORMATION: Staff respectfully requests entering into an IGA with ADOT for the construction of landform rock art graphics at Idaho Road/US 60 interchange through the use of Transportation Enhancement funds awarded the city in 2009. Resolution No 11-02 authorizes the city to enter into the intergovernmental agreement with ADOT to construct the landform rock art graphics at Idaho Road/US 60 interchange. FISCAL IMPACT: Budgetary Approval Not Required —•OPTIONS/ALTERNATIVES: RECOMMENDATION: Approval ATTACHMENTS: Click to download ❑ Memo to Council D Resolution 11-02 *pi ach .k ti Public Works Department ° City of Apache Junction 1OV Home of the Superstition Mountains a Date' February 16, 2011 To Mayor and Members of City Council Thru. George Hoffman, City Manager Giao Pham, Interim Public Works Director From. Shane Kiesow, Public Works Director Subject. Consideration of IGA With ADOT Staff requests City Council to give consideration for approval to allow the Mayor to enter into an IGA with ADOT for the construction of landform rock graphics at the Idaho Rd /US 60 traffic interchange. All the work will be funded through Federal Transportation Enhancement funds granted to the City in late 2009 for the graphic of the "coyote" Staff discussed the details of this IGA with Council at the February 14`h City Council Work Session. 575 E Baseline Avenue, Apache Junction, AZ 85219 • Voice (480) 982-1055 • FAX (480) 983-5752 or(480) 982-8005 RESOLUTION NO. 11-02 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AUTHORIZING THE CITY TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT WITH ARIZONA DEPARTMENT OF TRANSPORTATION FOR THE DESIGN, CONSTRUCTION AND MAINTENANCE OF A LANDFORM GRAPHIC ON U S. 60 AT IDAHO ROAD WHEREAS, the State of Arizona ("State") and the City of Apache Junction, an Arizona municipal corporation ("City") , desire to enter into an Intergovernmental Agreement ("IGA") allowing City to participate in the design, construction and maintenance of a landform graphic at the US 60 interchange at Idaho Road; and WHEREAS, City' s participation in maintaining these improvements will benefit City by enhancing and beautifying the freeway exits within City limits; and WHEREAS, the parties have crafted a written agreement which sets forth the conditions for such arrangement; and WHEREAS, pursuant to A.R.S. § 11-952 (A) and § 28-401, public entities may enter into agreements with each other for joint or cooperative activities. 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 approve the intergovernmental agreement set forth in Attachment A between the City of Apache Junction and the Arizona Department of Transportation and the Mayor is hereby authorized to sign the agreement on behalf of the City. 2) The City Manager and/or his designee is authorized and directed to take all steps necessary to carry out the purpose and intent of this resolution. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS DAY OF 2011. SIGNED AND ATTESTED TO THIS DAY OF , 2011. RESOLUTION NO. 11-02 PAGE 1 OF 2 JOHN S. INSALACO Mayor ATTEST: p KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM: RICHARD J. STERN City Attorney RESOLUTION NO. 11-02 PAGE 2 OF 2 ATTACHMENT A ADOT File No.: IGA/JPA 10-153-I AG Contract No P0012011000103 Project No TEA 060-C(206) Project. Landform Graphics Four quadrants of Idaho Road and US60, MP 196 TRACS No.: H8032 01 D &01 C Budget Source. 75311 &75312 INTERGOVERNMENTAL AGREEMENT BETWEEN THE STATE OF ARIZONA AND CITY OF APACHE JUNCTION THIS AGREEMENT is entered into this date 2011, pursuant to the Arizona Revised Statutes § 11-951 through § 11-954, as amended, between the STATE OF ARIZONA, acting by and through its DEPARTMENT OF TRANSPORTATION (the "State") and the CITY OF APACHE JUNCTION, acting by and through its MAYOR and CITY COUNCIL (the "City") The State and the City are collectively referred to as "Parties" I. RECITALS 1 The State is empowered by Arizona Revised Statutes § 28-401 to enter into this Agreement and has delegated to the undersigned the authority to execute this Agreement on behalf of the State 2 The City is empowered by Arizona Revised Statutes § 48-572 to enter into this Agreement and has by resolution, a copy of which is attached hereto and made a part hereof, resolved to enter into this Agreement on behalf of the City 3 Congress has authorized appropriations for, but not limited to, twelve eligible categories of Transportation Enhancement (TE) activities and TE funds have been requested from the Federal Highway Administration (FHWA) through the State for a project within the boundary of the City and described more fully below of this Section 4 The interest of the State in this project is the acquisition of Federal funds for the use and benefit of the City The State is requesting the Federal funds to be authorized for the project by reason of Federal law and regulations 5 The State will design and construct landform graphics in all four quadrants of Idaho Road and US 60 traffic Interchange MP 196 in the City of Apache Junction The City will maintain the landform graphics, hereinafter referred to as the"Project" THEREFORE, in consideration of the mutual covenants expressed herein, it is agreed as follows Page 4 IGA/JPA 10-153-I II. SCOPE OF WORK 1 The State will a Submit a program to the Federal Highway Administration (FHWA) containing the above mentioned Project with the recommendation that it be approved for design and construction b Prepare design plans, specifications and an estimate for the Project and submit them to the City for comments as appropriate The Project will be constructed by the State using Federal funds c Proceed to advertise for, receive and open bids with the aid and consent of the City and the FHWA. Enter into a contract(s) with a firm(s) to whom the award is made for the construction of the Project. Such Project is to be performed, completed, accepted and paid for in accordance with the instructions and requirements and the Standard Specifications for Road and Bridge construction of the Arizona Department of Transportation Request the maximum Federal funds available including construction engineering and administration costs d. Not be obligated to maintain the Project should the City fail to budget or provide for the proper and perpetual maintenance as set forth in this Agreement. 2. The City will a Review the design documents required for construction of the Project, and provide comments to the State as appropriate. b Be obligated to incur the cost increase of said work due to unforeseen conditions or circumstances required by the change in the extent or scope of the work called for by the City, in this Agreement,any such changes additions or deletions must require the prior approval of the State c Upon completion of construction, the City shall provide for, at its own cost and as an annual item in its budget, perpetual and proper maintenance of said project d Be responsible for maintaining the landform graphics in all four quadrants by keeping surfaces reasonable clean of gravels and other debris, repairing cracks and defects in the graphic surfaces, be responsible for any repairs necessary to the landform graphics. e Be responsible for the ongoing maintenance which shall include but not be limited to keeping the surface and surrounding areas free of all debris, undesirable weeds, grasses, trash and litter that might be necessary for the components of the Project f Obtain, per established ADOT's Phoenix District procedures a valid permit for the routine/normal maintenance and emergency maintenance work provided by the City within the State's rights of way. g Conduct all maintenance work in a manner to minimize traffic congestion and interference with through-traffic. All traffic control will meet the requirements of the Manual on Uniformed Traffic Control Devices(MUTCD)for Streets and Highways, as per Arizona Revised Statutes§28-641. III. MISCELLANEOUS PROVISIONS 1. The terms, conditions and provisions of this Agreement shall remain in full force and effect until completion of said Project However, any provisions for the landform graphic maintenance shall be provided by the City in perpetuity. This Agreement may be cancelled at any time prior to the award of the Project construction contract, upon a(30)day written notice to the either Party It is understood and agreed that, in the event the City terminates this Agreement, the State shall in no Page 5 IGA/JPA 10-153-I way be obligated to maintain said Project 2 Each party (as "indemnitor") agrees to indemnify, defend, and hold harmless the other party(as "indemnitee")from and against any and all claims, losses, liability, costs or other expenses(including, but not limited to, reasonable attorneys' fees) (hereinafter collectively referred to as "claims") arising out of bodily injury of any person (including death), property damage and any other claims (including, but not limited to, claims of derivative or vicarious liability), which are caused by the act, omission, negligence, misconduct or other fault of the indemnitor, its officers, officials, agents, employees or volunteers 3. This Agreement shall become effective upon signing and dating of the Determination Letter by the State's Attorney General 4 The cost of the Project under this Agreement includes applicable indirect costs approved by the Federal Highway Administration(FHWA) 5 The City warrants compliance with the Federal Funding Accountability and Transparency Act of 2006 and associated 2008 amendments and with Arizona Revised Statutes§41-725. 6. This Agreement may be cancelled in accordance with Arizona Revised Statutes§38-511 7 To the extent applicable under law, the provisions set forth in Arizona Revised Statutes § 35-214 and § 35-215 shall apply to this Agreement 8 In the event of any controversy which may arise out of this Agreement, the Parties hereto agree to abide by required arbitration as is set forth for public works contracts in Arizona Revised Statutes§ 12- 1518 9 All notices or demands upon any party to this Agreement shall be in writing and shall be delivered in person or sent by mail, addressed as follows Arizona Department of Transportation City of Apache Junction Joint Project Administration Public Works 205 S 174h Avenue, Mail Drop 637E 575 E Baseline Ave Phoenix, Arizona 85007 Apache Junction 85119 (602) 712-7124 (602)712-3132 Fax Public Works Manager, Shane Kiesow .•� skiesow@alcity net 10 This Agreement is subject to all applicable provisions of the Americans with Disabilities Act (Public Law 101-336, 42 U S C. 12101-12213) and all applicable Federal regulations under the Act, including 28 CFR Parts 35 and 36 The Parties to this Agreement shall comply with Executive Order Number 99-4 issued by the Governor of the State of Arizona and incorporated herein by reference regarding"Non-Discrimination" 11 Non-Availability of Funds Every payment obligation of the State under this Agreement is conditioned upon the availability of funds appropriated or allocated for the payment of such obligations If funds are not allocated and available for the continuance of this Agreement, this Agreement may be terminated by the State at the end of the period for which the funds are available No liability shall accrue to the State in the event this provision is exercised, and the State shall not be obligated or liable for any future payments as a result of termination under this paragraph 12 Compliance requirements for Arizona Revised Statutes§41-4401—immigration laws and E- Venfy requirement a Compliance with all Federal immigration laws and regulations relating to employees and warrants its compliance with Arizona Revised Statutes§23-214, Subsection A Page 6 IGA/JPA 10-153-I b. A breach of a warranty regarding compliance with immigration laws and regulations shall be deemed a material breach of the contract, the Parties may be subject to penalties up to and including termination of the Agreement c The Parties shall retain the legal right to inspect the papers of any employee who works on the Project to ensure that the contractor or subcontractor is complying with the warranty under paragraph (a) 13 Pursuant to Arizona Revised Statutes § 35-391 06 and § 35-393 06, each Party certifies that it does not have a scrutinized business operation in Sudan or Iran For the purpose of this Section the term "scrutinized business operations" shall have the meanings set forth in Arizona Revised Statutes § 35-391 and/or§ 35-393, as applicable If any Party determines that another Party submitted a false certification, that Party may impose remedies as provided by law including terminating this Agreement 14 In accordance with Arizona Revised Statutes § 11-952 (D) attached hereto and incorporated herein is the written determination of each party's legal counsel and that the Parties are authorized under the laws of this State to enter into this Agreement and that the Agreement is in proper form IN WITNESS WHEREOF, the Parties have executed this Agreement the day and year first above written. CITY OF APACHE JUNCTION STATE OF ARIZONA Department of Transportation By By JOHN S INSALACO SAM MAROUFKHANI, P E Mayor of Apache Junction Deputy State Engineer, Development ATTEST. By KATHY CONNELLY Clerk of Apache Junction January 3rd, 2011-Iy r- JPA 10-153-I ATTORNEY APPROVAL FORM FOR THE CITY OF APACHE JUNCTION I have reviewed the above referenced Intergovernmental Agreement between the State of Arizona, acting by and through its DEPARTMENT OF TRANSPORTATION, and the CITY OF APACHE JUNCTION, an Agreement among public agencies which, has been reviewed pursuant to Arizona Revised Statutes § 11-951 through § 11-954 and declare this Agreement to be in proper form and within the powers and authority granted to the CITY under the laws of the State of Arizona No opinion is expressed as to the authority of the State to enter into this Agreement r�r DATED this day of �.�pye, j , 2011 s� City Attorney AN. O� PpACH�FaG2 z City of Apache Junction Home qf the ,Superstition Mountains 4R1200- E3 Print TO: City Manager's Office FROM: Shane Kiesow, Public Works Manager DATE: March 1, 2011 Agenda Type : Regular Agenda Council Priority Focus Area: Budgeted Operational Item TITLE OF AGENDA ITEM: Consideration of an agreement with Southwest Slurry Seal for the street maintenance slurry sealing of select city streets in an amount not to exceed$300,429.80. ACTION REQUESTED: Recommendation for Approval DISCUSSION/ BACKGROUND INFORMATION: Staff respectfully requests city council approval of the Southwest Slurry Seal agreement through Pinal County cooperative contract#EC09-002 for the street maintenance slurry sealing of selected streets throughout the city to be performed this spring in the amount of$273,118.00 with a 10%contingency of$27,311 80 for a total not to exceed amount of$300,429 80. FISCAL IMPACT: Budgeted Expenditure OPTIONS/ALTERNATIVES: RECOMMENDATION: Approval ATTACHMENTS: Click to download D Memo to Council CI SWSS Agreement pp NCH .k °y Public Works Department . 21 City of Apache oO' Junction Home of the Superstition Mountains Date* February 16, 2011 To Mayor and Members of City Council Thru George Hoffman, City Manager Giao Pham, Interim Public Works Director From. Shane Kiesow, Public Works Manager Subject Consideration of Contract with Southwest Slurry Seal Staff requests City Council to give consideration for approval to allow the Mayor to enter into contract with Southwest Slurry Seal for the street maintenance slurry sealing of select streets throughout the city as was discussed/presented at the February 14th City Council work session The work will be through Pinal County cooperative contract#EC09-002 for$273,118.00 with a 10% contingency of$27,311 80 for a total not to exceed amount of$300,429 80 to be performed this Spring 575 E Baseline Avenue, Apache Junction, AZ 85219 • Voice (480) 982-1055 • FAX (480) 983-5752 or(480) 982-8005 CITY OF APACHE JUNCTION AGREEMENT FOR MATERIALS AND LABOR PROJECT: PW# 2010-23 "2010 SWSS Slurry Seal Project" ImN THIS AGREEMENT made and entered into by and between the CITY OF APACHE JUNCTION ("City") , an Arizona municipal corporation, and Southwest Slurry Seal, Inc. , an Arizona corporation ("Contractor") , sometimes collectively referred to as the "Parties". RECITALS A. Contractor asserts its willingness, ability and qualifications to provide the work and service called for in Pinal County Contract #EC09-002 and Contractor's estimate dated December 9, 2010 B. City and Contractor desire to set forth herein their respective responsibilities and the manner and terms upon which Contractor shall render such services. C. City has complied with the public bidding requirements under Arizona Revised Statutes Title 34 and Apache Junction City Code Vol. I, Chapter 3, Administration, Article 3-7, Procurement Procedures. AGREEMENT NOW, THEREFORE, City retains Contractor to perform, and OmN Contractor agrees to render the services in accordance with the terms and conditions set forth as follows: 1 PROJECT DESCRIPTION: Contractor shall do and perform or cause to be done and performed in a good workmanlike manner, the work in accordance with and as more fully described in Pinal County Contract #EC09-002 and Contractor' s estimate dated December 9, 2010 including, but not limited to: A. Application of Type II Polymer Modified Slurry Seal to: a. Ironwood Estates Subdivision and 36th Ave. from Desert View Dr. to Ironwood Dr. b. Delaware Dr. ; Apache Trail to Broadway Ave. c. Tomahawk Rd. ; US 60 to Baseline Ave. d. Cimmarron Subdivision. e. Apache Junction Industrial Park area. f. Ocotillo Dr. area. 1 - B. Approximate square yards of roads to be treated, 161, 000. C. Traffic control including uniformed police to be included. 2. PAYMENTS & COMPLETION: The contract sum shall be the total amount payable by the City to the Contractor in the amount not to exceed three hundred thousand four hundred and twenty-nine dollars and eighty cents ($300, 429. 80) for the performance of the work under the contract documents except for changes authorized by properly executed change orders. All contracts will be operable for their full term at the rates quoted in the initial bid proposal, unless otherwise extended in writing by the City. Upon notice that the work is ready for final inspection or acceptance, City representative 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 payment stating that to the best of their knowledge, 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 submits 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 may furnish a bond satisfactory to the owner to indemnify City against any such lien. 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 TERM: Contractor hereby fixes the time for completing the said work by June 30, 2011. This provision does not limit the liability of the Contractor for actual damages sustained by the City as a result of any breach of contract or warranty by the Contractor. Extensions may be approved at times as the Parties mutually deem fit. 4. LABOR AND MATERIALS: 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. 5. INSPECTIONS AND QUALITY OF WORK: 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 2 --01\ Documents. Contractor further agrees to make such corrections to the work as may be directed by City to conform to said Contract Documents without requirement of Change Order or any additional charge or cost to City whatsoever. 6. 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 construction shall not be deemed an acceptance and Contractor will be required to correct defective work or 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 receipt of written notice from City. Such work shall include the repair or 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 sub-contractor 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 or remedies required by law, and shall survive the expiration of this Agreement for the time period mentioned above. 7. 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. 8. 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 public authority bearing on the performance of the work. Contractor understands that the activity described herein constitutes "doingbusiness in the Cityof Apache Junction" and p Contractor agrees to obtain a business tax license pursuant to Article 8-5 of the Apache Junction City Code and keep such license current during the term of this Agreement and after termination of this Agreement any time work is performed pursuant 3 r - -iON -- - to the warranty provisions set forth in Section 6. Any activity by subcontractors within the corporate city limits, will invoke the same business tax regulations on any subcontractors, and Contractor ensures its subcontractors will obtain any required business tax license. 9. 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 /IN be employees or agents of City, and City shall have no obligation to pay or withhold state or federal taxes, or provide workers compensation or unemployment insurance for or on behalf of them or Contractor. Contractor shall supervise and direct the delivery of the materials using its best skill and attention. Except as provided in this Agreement, Contractor shall be solely responsible for all construction means, methods, techniques, sequences and procedures, and for coordinating all portions of the work required by the contract documents. Contractor shall be responsible to City for the acts and omissions of its employees, sub-contractors and their agents and employees and other persons providing any of the materials under any contract document. 10. SUPERINTENDENT: 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 shall be designated for each project and communicated to the City before work is performed. 11 PROGRESS SCHEDULE: Contractor shall, immediately after entering into this Agreement, generate an estimated progress OIN schedule. Said progress schedule shall be maintained and updated during the project. Work may progress during regular City business hours only if it is determined by City not to disturb normal operations. 12. INDEMNIFICATIONS: Contractor shall defend indemnify and hold harmless City, its, agents, officers, officials and employees, from and against tortious 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, or alleged to have resulted from the acts, errors, mistakes, omissions, work or services of Contractor, its agents, employees, or any tier of Contractor' s subcontractor or any other person for whose acts, errors, mistakes, omissions, work or services Contractor may be legally liable. The amount and type of insurance coverage requirements set forth herein will in no way be construed as limiting the scope of the indemnity in this paragraph. 4 13. SUBCONTRACTORS: 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 eIN 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 right or rights provided for in this Agreement, shall be tried in a court of competent jurisdiction in Pinal County, State of Arizona. The parties hereby waive all provisions of law providing for a change of venue in such proceeding to any other county. 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 mutually agreed that the prevailing party in such action shall recover all costs including reasonable attorney fees to be determined by the court in such action. 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++6, 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 formally accepted; 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 to City, and any insurance or self-insurance maintained by City shall not contribute to it. Any failure to comply with the claim reporting provisions of the insurance policies or any breach of an insurance policy warranty shall not affect coverage afforded under the insurance policies to protect 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 contains 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 5 shall be solely responsible for the deductible and/or self- insured retention and City, at its option, may require Contractor to secure payment of such deductibles or self-insured retentions by a Surety Bond or an irrevocable and unconditional letter of credit. City reserves the right to request and to receive within ten (10) working days, certified copies of any or all of the herein required insurance policies and/or endorsements. City shall not be obligated, however, to review same or to advise Contractor of any deficiencies in such policies and endorsements, and such receipt shall not relieve Contractor from, or be deemed a waiver of City's right to insist on strict fulfillment of Contractor' s obligations under this Agreement. The insurance policies, except Workers Compensation, required by this Agreement, shall name City, its agent, officers, officials and employees as additional insured parties. REQUIRED COVERAGE Commercial General Liability Contractor shall maintain Commercial General Liability insurance with a limit of not less than $1, 000, 000 for each occurrence with a $2, 000, 000 Products/Completed Operations Aggregate and a $2,000, 000 General Aggregate Limit. The policy shall include coverage for bodily injury,broad form property damage, personal injury, products and completed operations and blanket contractual coverage including, but not limited to, the liability assumed under the indemnification provisions of this Agreement which coverage will be at least as broad as Insurance Service Office, Inc Policy Form CG 00011-93 or any replacement thereof. Such policy shall contain a severability of interest provision, and shall not contain a sunset provision or commutation clause, nor any provision which would serve to limit third party action over claims. The Commercial General Liability additional insured endorsement shall be at least as broad as the Insurance Service Office Inc. 's Additional Insured, Form CG 20101185, and shall include coverage for Contractor' s operations and products and completed operations. If required by this Agreement, if Contractor sublets any part of the work, services or operations, Contractor shall purchase and maintain, at all times during prosecution of the work, services or operations under this Agreement, City and Contractor' s Protective Liability insurance policy for bodily injury and property damage, including death, which may arise in the prosecution of the Contractor's work, service or operations under this Contract. Coverage shall be on an occurrence basis with a limit not less than $1, 000, 000 per occurrence, and the policy shall be issued by the same insurance company that issues Contractor's General Liability insurance. 6 - /N 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 performance of the work or services; and Employer's Liability insurance of not less than $100,000 for each accident, $100, 000 disease for each employee, and $500, 000 disease policy limit. In case any work is subcontracted, Contractor will require subcontractor to provide Workers Compensation and Employer' s Liability to at least the same extent as required of Contractor. CERTIFICATE OF INSURANCE 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 by Contractor' s insurer(s) , as evidence that policies providing the required coverages, conditions and limits required by this Agreement are in full force and effect. In the event any insurance policies required by this Agreement are written on a "claims made" basis, coverage shall extend for two (2) years past completion and acceptance of the Contractor's work or services and as evidenced by annual Certificates of Insurance, to be filed with the City Clerk of City If a policy does expire during the life of the Agreement, a renewal certificate must be sent to City thirty (30) days prior to the expiration date. All Certificates of Insurance shall be identified with bid serial number and title. Insurance required herein shall not expire, be canceled, or /1 materially changed without thirty (30) days prior written notice to City. 16. CHANGE ORDERS: A change order is a written order to Contractor, approved by the City representative, issued after execution of the contract authorizing a change in the work or an adjustment in the contract sum or the contract time. A change order signed by Contractor indicates his 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 changes in the work shall be authorized by change order and shall be performed under the applicable conditions of the contract documents. The City representative shall have authority to order minor changes in the work not involving an adjustment in the contract sum or extension of contract time and not inconsistent with the intent of the contract documents. All such changes shall be 7 effected by written order and shall be binding upon City and Contractor. 17. SUCCESSORS & ASSIGNS: City and Contractor each bind themselves, their partners, successors, assigns and legal representatives to the other party hereto and to the partners, 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 monies due or to become due to or to become due to it without the previous written 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 to the last business address 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. LABOR & MATERIAL PAYMENT 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 hereunder. Attached are standard bond forms which must be completed by Contractor, and Contractor agrees to conform to all provisions set forth in such forms 21. SAFETY. Contractor and/or its 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 hereunder 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 breaches hereunder except as may be specifically agreed to in writing. 23. TIME IS OF THE ESSENCE: Contractor 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 8 ■ /'�� - - 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. Any claim for delay or extension of time shall be made to the City representative within the same work day, 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. 24. TERMINATION BY CONTRACTOR: Contractor may terminate this Agreement if City as not paid any undisputed amount due after forty-five (45) days of not being paid such sums after being notified by City. Contractor shall provide Notice of Termination to city fifteen (15) working days before such termination takes effect by certified U S. Mail. 25. TERMINATION BY CITY: City shall be permitted to terminate this Agreement if in the discretion of the Public Works Director or his or her designee, believes Contractor has failed to meet the terms of this Agreement. City shall provide Notice of Termination to Contractor fifteen (15) working days before such termination takes effect by Certified U.S. Mail. 26. RECORDS. 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. The representatives of the Parties (signatory for Contractor noted below or his or her designee, and the City Manager, or his or her designee) shall be authorized to execute future amendments or extensions of this Agreement. 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. 9 29. CONFLICT OF INTEREST: The provisions of A.R.S § 38- 511 relating to cancellation of contracts due 'to conflicts of interest shall apply to this contract 30. 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 Arizona Public Records Act, the Conflicts of Interest law, and federal and state environmental laws. The following is only applicable to construction contracts: The Contractor must also comply with A.R.S. § 34-301, "Employment of Aliens on Public Works Prohibited", and A.R.S. § 34-302, as amended, "Residence Requirements for Employees". Under the provisions of A.R.S. § 41-4401, Contractor hereby warrants to the City that the Contractor and each of its subcontractors ("Subcontractors") will comply with, and are contractually obligated to comply with, all Federal immigration laws and regulations that relate to their employees and A.R. S. § 23-214 (A) (hereinafter "Contractor Immigration Warranty") . A breach of the Contractor Immigration Warranty shall constitute a material breach of this Contract and shall subject the Contractor to penalties up to and including termination of this Contract at the sole discretion of the City. The City retains the legal right to inspect the papers of any Contractor or Subcontractor' s employee who works on this Contract to ensure that the Contractor or Subcontractor is complying with the Contractor Immigration Warranty. Contractor agrees to assist the City in regard to any such inspections The City may, at its sole discretion, conduct random verification of the employment records of the Contractor and any of ems Subcontractors to ensure compliance with Contractor' s Immigration Warranty. Contractor agrees to assist the City in regard to any random verifications performed. Neither the Contractor nor any of Subcontractors shall be deemed to have materially breached the Contractor Immigration Warranty if the Contractor or Subcontractor establishes that it has complied with the employment verification provisions prescribed by sections 274A and 274B of the Federal Immigration and Nationality Act and the E-Verify requirements prescribed by A.R.S. § 23-214, Subsection A. The provisions of this Article must be included in any contract the Contractor enters into with any and all of its Subcontractors who provide services under this Contract or any subcontract. "Services" are defined as furnishing labor, time or effort in the State of Arizona by a contractor or subcontractor. Services include construction or maintenance of any structure, building or transportation facility or improvement to real property. 10 IN WITNESS WHEREOF the parties hereto have caused this Agreement to be signed by their duly authorized representative as of this day of , 2011. Contractor: By: -- Title : Pres< rya f CITY OF APACHE JUNCTION an Arizona municipal corporation By: John S. Insalaco Title: City Mayor ATTEST: Kathleen Connelly City Clerk APPROVED AS TO FORM: Richard J Stern City Attorney 11 CERTIFICATE OF INSURANCE CITY OF APACHE JUNCTION PROJECT. PW# 2010-23 The certifies that the following insurance policies have been issued on behalf of- NAME OF INSURED: ADDRESS OF INSURED• Type of Policy Effect. Expire Limits of Insurance Number Date Date Liability 1. Workman's $100,000 Each Accident; Compensation $100,000 Each Disease, $500,000 Disease Policy Limit 2. Commercial $1,000,000 Each General Occurrence; $2,000,000 Liability Products/Completed Operations Aggregate; $2,000,000 General Aggregate Limit 3. Contractual $1,000,000 Each Bodily Injury & Occurrence Property Damage 4. Automobile $1,000,000 Each Bodily Injury & Occurrence Property Damage It is further agreed that these policies shall not expire, be canceled or changed until all work has been completed and the project has been accepted by the City of Apache Junction. If a policy does expire during the life of the contract, a renewal Certificate of the required coverage must be sent to the City of Apache Junction not less than thirty (30) calendar days prior to expiration date. This Certificate /'1, is not valid unless countersigned by an authorized representative of the Insurance Company. The Certificate of Insurance must also provide that the City, its officers, employees and agents are additional insured parties. Date• Countersigned by- Title. SUBSCRIBED AND SWORN TO before me this day of 2011 by as Insurer. Notary Public My Commission Expires. 12 ROLL CALL VOTE NOTES: Aimik '$ )/ ITEM # MEETING OF MOTION BY. SECONDED BY: YES NO ABSTAINED COUNCILMEMBER COLEMAN COUNCILMEMBER ECK COUNCILMEMBER SERDY COUNCILMEMBER BARKER COUNCILMEMBER WILSON VICE MAYOR DIETZ MAYOR INSALACO UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL .... CONSENT AGENDA ITEMS NO. 1-5 I MOVE THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED, AND THAT THE AWARD OF BID FOR PW 2010-07, WINCHESTER ROAD IMPROVEMENTS, BE AWARDED TO NESBITT CONTRACTING CO. IN THE AMOUNT OF $910,496.97 PLUS 10%FOR UNFORESEEN CHANGE ORDERS IN THE AMOUNT OF $91,049 65 FOR A TOTAL AMOUNT OF $1,001 546.12, AND THAT AUTHORIZATION BE GIVEN FOR THE MAYOR TO SIGN THE AGREEMENT PENDING APPROVAL AS TO FINAL FORM BY THE CITY ATTORNEY; AND THAT RESOLUTION NO 11-02, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AUTHORIZING THE CITY TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT WITH ARIZONA DEPARTMENT OF TRANSPORTATION FOR THE DESIGN, CONSTRUCTION AND MAINTENANCE OF A LANDFORM GRAPHIC ON U.S. 60 AT IDAHO ROAD, BE APPROVED, AND THAT AUTHORIZATION BE GIVEN FOR THE MAYOR TO SIGN THE INTERGOVERNMENTAL AGREEMENT; AND THAT THE PROFESSIONAL SERVICES AGREEMENT BETWEEN SOUTHWEST SLURRY SEAL AND THE CITY OF APACHE JUNCTION FOR STREET MAINTENANCE SLURRY SEALING OF SELECT CITY STREETS IN THE AMOUNT OF $273,118.00 PLUS 10% CONTINGENCY IN THE AMOUNT OF $27,311.80 FOR A TOTAL AMOUNT NOT TO EXCEED $300,429 80, BE APPROVED; AND THAT AUTHORIZATION BE GIVEN FOR THE MAYOR TO SIGN THE AGREEMENT. git1/4CHE , 0 City ofApache Junction Home of the .S iiperstition Il l ountains A,pjzON* g Print TO: City Manager's Office FROM: George Hoffman, City Manager DATE: March 1, 2011 Agenda Type Regular Agenda Council Priority Focus Area: TITLE OF AGENDA ITEM: MANAGER'S REPORT. ACTION REQUESTED: DISCUSSION/BACKGROUND INFORMATION: FISCAL IMPACT: OPTIONS/ALTERNATIVES: RECOMMENDATION: ATTACHMENTS: Click to download No Attachments Available PUBLIC HEARING 1. For PUBLIC HEARING, SELECTION AND DIRECTON TO STAFF REGARDING SUBMITTAL OF APPLICATIONS FOR FISCAL YEAR 2011 COMMUNITY DEVELOPMENT BLOCK GRANT AND FISCAL YEARS 2010/2011 STATE SPECIAL PROJECT GRANTS. 2. Will PROGRAM COORDINATOR HEATHER PATEL speak to the Council? 3. Will the applicant or spokesperson please speak to the Council on this item? 4. Is there anyone from the public who wishes to speak on this item? (Are there any "Request to Speak" forms?) 5. If not, this hearing is closed. 6. Is there any discussion? 7. Call for a motion. 8. Call for a second. 9. Roll call vote. Pp AC kf�G dt.yn� City of Apache junction z Home of the.SupetYlition Al oiiittcutts 4PfZON� "Print TO. City Manager's Office FROM. Heather Patel, Program Coordinator DATE. March 1,2011 — Agenda Type . Regular Agenda Council Priority Focus Area: Community Infrastructure TITLE OF AGENDA ITEM: PUBLIC HEARING, SELECTION AND DIRECTION TO STAFF REGARDING SUBMITTAL OF APPLICATIONS FOR FISCAL YEAR 2011 COMMUNITY DEVELOPMENT BLOCK GRANT AND FISCAL YEARS 2010/2011 STATE SPECIAL PROJECT GRANTS. ACTION REQUESTED: Recommendation for Approval DISCUSSION/BACKGROUND INFORMATION: Recent information from the Arizona Department of Housing regarding the CDBG and SSP grant programs requires the city to reconsider the projects to be submitted as grant applications and to conduct an additional public hearing to determine which projects to submit for funding.At the conclusion of the public hearing, the city council will need to select the project(s)for submission as CDBG and SSP grant applications FISCAL IMPACT: Budgeted Expenditure OPTIONS/ALTERNATIVES: Federal Law Requirement RECOMMENDATION. — 1 Old West Highway Sidewalk Improvements (curb, gutter,sidewalk) Combine two projects into one application Improve the Highway west of Idaho Road on the north side of the road (in front of the old Circle K and medical plaza) and between Quik Trip and College on the south side of the road Best suited as FY11 CDBG application Or Old West Highway Sidewalk Improvements (curb, gutter, sidewalk): Improve Highway just east of Idaho Road on the north side of the road (across from College on the west side of Winchester). Submit as either FY11 CDBG project($80,000 leverage would be required) or as a FY10/11 SSP application (project is significantly less than maximum funding allowed under program). 2. North Apache Trail Improvement If broken up into phases, project is best suited as FY10/11 SSP application 3. Plaza Drive (Phase 2) Postpone for future grant considerations 4. Housing Rehabilitation Could be submitted under either program ATTACHMENTS: Click to download 0 Staff Report p Proposed Projects Pp ACHE a City of Apache Junction Development Services Department MEMORANDUM DATE: February 17, 2011 TO: The Honorable Mayor and City Council THROUGH: George Hoffman, City Manager Brad Steinke, Development Services Director Roger Hacker, Revenue Resources Manager FROM: Heather Patel, Program Coordinator SUBJECT: Fiscal Year 2011 Community Development Block Grant Program including State Special Project Funds for the Fiscal Years 2010/2011 —Public Hearing REQUEST Staff respectfully requests that the City Council. 1. Conduct a public hearing to receive input and discuss potential projects for the utilization of Community Development Block Grant Regional Account("CDBG")funds for Fiscal Year 2011 ("FY11")and State Special Project("SSP") funds for Fiscal Year 2010/2011 ("FY 10/11"); 2 Select the project(s)to be submitted and designate which project will be submitted for CDBG FY 11 funding and which will be submitted for SSP for FY10/11 funding; and 3. Direct staff to begin the preparation of the application (s)and all relevant materials required for application submission. Both Programs are Federal grant programs administered by the Arizona Department of Housing ("ADOH"). The CDBG funding is allocated to the community as long as a viable project is submitted, whereas the SSP funding is a statewide competitive application process. BACKGROUND Since 1974,the United States Department of Housing and Urban Development("HUD")has provided assistance to local communities through the CDBG and SSP Programs. These Programs were established to help communities address the following national objectives p 1) Meet the needs of low and moderate income citizens, 2) Prevent/eliminate slums and blight in a community, and/or 3) Address urgent needs to the health/welfare of a community A community can use the funds to address one of the national objectives or can direct the funds to a non-profit organization Apache Junction has participated in the CDBG program since 1982 The City of Apache Junction is eligible to submit applications to the Arizona Department of Housing for both the CDBG and SSP funding The City of Apache Junction is anticipating receiving approximately$140,000 in CDBG funds to be used over a two year period of time (January 2012—December 2013) These funds are guaranteed to the community as long as a viable project is submitted for funding to ADOH. The City may retain up to 18%of these funds for administrative costs This application is due June 1, 2011 In years past, the City partnered with the Town of Payson to receive double funding every other year. The City has chosen to end that partnership as of the FY 1 1 due to anticipated changes in the CDBG program The City of Apache Junction is anticipating submitting an application (s) for the SSP funds which the City may request up to $300,000 per application to be used over a two year period of time These funds are a statewide competitive grant The City may retain up to 18% of these funds for administrative costs The application is due June 1, 2011 Crucial to the CDBG and SSP programs is the involvement of local citizens and elected officials In fact, to participate in the programs and receive funds a community must be able to document that citizens and officials have been given the opportunity to discuss community needs and suggest possible projects Ultimately, the decision on which CDBG and SSP projects will be submitted rests with the elected officials in a community. To assist communities in meeting the requirements for public participation, ADOH has established a mandatory public participation process. Failure to meet the public participation requirements will result in the disqualification of the City from the programs and an inability to receive funds. FY10 SSP The FY10 SSP public participation process began on November 12, 2009 with a public meeting and discussion with the Leadership Team On November 30, 2009 staff presented the proposed projects for Council's review and discussion. 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 SSP funding. At that time, the City Council recommended that a project selection for FY10 SSP be held until the summer of 2010 for further evaluation and discussion. Staff returned to Council on July 6, 2010 to advise the Council of the revised list of projects for consideration based upon additional research These projects included- 1) Downtown Redevelopment Project(Commercial Rehabilitation)= $300,000 2) Rehabilitation of Safe House= $66,000 2 3) Sewer Connections= $200,000 4) Downtown Redevelopment Project(Plaza Drive improvements)= $300,000 On September 7, 2010 during a public meeting, the Council decided to complete Phase Two of Plaza Drive improvements FY11 CDBG and FY11 SSP The FYI I CDBG and FYI 1 SSP process began on October 19, 2010 with a public meeting Additionally, on October 28, 2010 The Leadership Team met to discuss potential projects. On January 4, 2011 during a public meeting,the Council decided to submit the following applications 1) FY11 CDBG funding to install sidewalks along Old West Highway 2) FYI I SSP funding to complete improvements to North Apache Trail Although the City has conducted the public participation process for the FYI 1 CDBG and two separate fiscal years of SSP funding (FY10 and FY11), recent information provided by ADOH indicated that the FY10 SSP program was eliminated and the funding was placed in the FY11 SSP program. It is the City's intention to submit two applications under the FY10/1 1 SSP program although funding for both is unlikely As a result, a new public hearing will be required to clarify the available funding and the proposed projects. During the public hearing, staff will discuss the following. 1) Objectives of CDBG o Projects that address low income residents, slum and blight, or an urgent need 2) Eligible sample projects o Housing rehabilitation, infrastructure, public safety, senior center, ADA compliance 3) Previous projects completed o www ajcity.net/cdbg 4) Funds available o FY11 CDBG=$140,000 o FY10/1 1 SSP=$300,000/each application 5) Grievance procedure o www.ajcity.net/cdbg 6) Recap the proposed projects (staff recommendations) o FY11 CDBG—Old West Highway sidewalks o FY 10/11 SSP—North Apache Trail Improvements o Plaza Drive Phase 2 and Housing Rehabilitation remain as viable projects 7) Council will be asked to select projects for application submission DISCUSSION A public hearing is required by the Arizona Department of Housing to provide the public an additional opportunity to present potential projects to the City Council for consideration Staff respectfully requests that Council take into consideration those projects found as eligible in Attachment 1 and those 3 projects presented during the public hearing as potential projects for submittal Council's direction will enable City staff to prepare and submit the application(s) in a complete and timely manner. RECOMMENDATION Staff respectfully recommends that Council 1. Conduct a public hearing and review the proposed projects, 2 Select the project(s)to be submitted and designate which project will be submitted for FY11 CDBG funding and FY10/11 SSP funding, and 3. Direct staff to begin the preparation of the application (s)and all relevant materials required for application submission ACTION REQUIRED Staff respectfully requests that the City Council take the following actions 1) Convening a public hearing, 2) Selection of project(s) to be submitted as grant applications, and 3) Council direction to staff to begin the preparation of the application(s). ATTACHMENTS Attachment 1 Proposed Projects 4 Attachment 1 Proposed Projects for FY11 CDBG and FY10/11 SSP 1. Old West Highway Sidewalk Improvements a. Installation of approx. 580 I.f. of curb & gutter and sidewalk along Old West Highway just west of Idaho Road on the north side of the road. This location is in front of the old Circle K and medical plaza. ,. Estimated cost = $78,103 30, and b. Installation of approx. 145 I.f. of curb & gutter and sidewalk along Old West Highway between Quuk Trip and CAC on the south side of the road. Estimated cost $21,646.90. Recommendation: Combined $99,750.20, these two projects work well under the FY11 CDBG application. The total grant funding is $140,000 which would include engineering and administrative costs. b Or c Installation of approx. 1156 If of curb & gutter - u' and sidewalk along Old West Highway just east of Idaho Road on the north side of the road. This location is across the street from CAC on Y,,Y the west side of Winchester. Estimated cost = $180,898.30. Recommendation: This option is eligible under both grant programs. Under the FY11 CDBG program, leverage of approx. $80,000 would be required. Under the FY10/11 SSP program, this option is significantly less than the maximum grant amount of $300,000. Therefore reducing the City's access to the funding available. 2. North Apache Trail Improvements Improvements are to be determined and specified once construction plans and engineering design have been completed. Potential components may include but is not limited to a) installation of approx 8,779 s f. of sidewalk, b) installation of 229 I.f. of curb & gutter, c) installation of 26 lights; d) paving of North Apache Trail between the Phelps Drive and Old West Hwy/Apache Trail interchange heading north toward Idaho Road. Proposed Costs Engineering $ 96,000 00 Misc. Hardscape $ 121,633 00 Stamped concrete $ 217,035.00 ' , in Sidewalks including curb, gutter $ 117,876 00 _moo; Asphalt $ 126,058 35 x • Lighting $ 22,680.00 Landscaping $ 77,833.00 Furnishings $ 24,276 00 Pavement Markings $ 1,260 00 Gazebo $ 54,802.00 Drainage $ 59,540 00 Mobilization/Contingency $ 136,967 82 $ 1,055,961.17 Recommendation: If this project is broken up into phases, the completed engineering plans and design will enable to City to seek alternate funding sources for the completion of this project. This is best suited under the FY10/11 SSP program in which a greater impact can be made. 3. Plaza Drive — Phase 2 Phase two remains a viable project however there is the consideration of how far the Council wishes to complete the improvements to match that of Phase 1. Public Works has provided the following funding options with the improvements beginning at Virginia and heading south on Plaza Drive: a) 610 linear feet to the driveway of Lost Dutchman (the Scenic Road alignment) = $488,827 b) 755 linear feet to the north edge of Saguaro Fitness = $605,024 c) 871 linear feet to the south edge of Saguaro Fitness = $697,981 d) 1,224 linear feet to the old Bashas Plaza = $980,859 Recommendation: This project is recommended to be postponed for future grant considerations. 4. Housing Rehabilitation Given the beneficiaries, housing rehabilitation remains a viable project. Recommendation This project continues to be a viable project under either grant program. 2 ROLL CALL VOTE ( ! NOT ,i) / risp,A, . • g (YY IC , L V VI' ty:Silil V- (V 4 Amok kj ‘14 (C0\ 3)\ i ITEM # j\A MEETING OF l ( i1 MOTION BY SECONDED BY: , 'VL1 YES NO ABSTAINED COUNCILMEMBER SERDY IJ VICE MAYOR DIETZ V COUNCILMEMBER ECK ✓ COUNCILMEMBER WILSON V COUNCILMEMBER COLEMAN V` COUNCILMEMBER BARKER :// MAYOR INSALACO UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL } ITEM NO. 7 I MOVE THAT STAFF BE GIVEN THE FOLLOWING DIRECTION REGARDING THE SELECTION AND SUBMITTAL OF APPLICATIONS FOR FISCAL YEAR 2011 COMMUNITY DEVELOPMENT BLOCK GRANT AND FISCAL YEARS 2010/2011 STATE SPECIAL PROJECT GRANTS: ROLL CALL VOTE NOTES: \ 14t <-5 1 i ITEM # `J \ MEETING OF J MOTION BY fji-) SECONDED 140J v YES NO ABSTAINED VICE MAYOR DIETZ V COUNCILMEMBER WILSON COUNCILMEMBER BARKER COUNCILMEMBER SERDY i/ COUNCILMEMBER ECK V COUNCILMEMBER COLEMAN MAYOR INSALACO UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL 1 e 1 ITEM NO.'8 I MOVE THAT AN EXECUTIVE SESSION AT 5:45 P.M. AND A WORK SESSION AT 7.00 P M BE HELD ON MONDAY, MARCH 14, 2011, IN THE CITY COUNCIL CONFERENCE ROOM AND THE CITY COUNCIL CHAMBERS, RESPECTIVELY; AND THAT AN EXECUTIVE SESSION AT 5.45 P M BE HELD ON TUESDAY, MARCH 15, 2011, IN THE CITY COUNCIL CONFERENCE ROOM. ADJOURNMENT: I MOVE THAT THE MEETING BE ADJOURNED AT P M ROLL CALL WS: 0 4 REG: 'I11 i ) SPEC: CITY COUNCIL: P / A P I A P I A MAYOR INSALACO VICE MAYOR DIETZ V COUNCILMEMBER BARKER V COUNCILMEMBER COLEMAN V COUNCILMEMBER ECK V COUNCILMEMBER SERDY COUNCILMEMBER WILSON TOTAL CITY STAFF gl, 9{. ! City Manager George Hoffman v`� V Assistant City Manager Bryant L 'r Powell City Clerk Kathleen Connelly V City Attorney Joel Stern v' Public Safety Director Jerald Monahan City Engineer Giao Pham Parks & Recreation Director Jeff Bell Finance Director Donna Meinerts Development Svcs. Director Brad Steinke Human Resources Director Liz Riley I0 Planning Manager Fred Baker /'ff ' Economic Development Director Steve Filipowicz Assistant to the City Manager Matt Busby OTHERS 1 Q,