Loading...
HomeMy WebLinkAbout2011 08.16 City Council Regular Agenda PLEASE FILL OUT A"R 'IEST TO SPEAK"FORM IF YOU WISH TO ADL' SS THE COUNCIL AT CALL TO THE PUBLIC OR ON ANY NON-PUBLIC HEARIN,. ,fEM P4 ACHE 0i ✓Gy0 City of Apache Junction � z Home o/ the Supet:stition .1.1ouiatain., 4R1100/' APACHE JUNCTION CITY COUNCIL CITY COUNCIL CHAMBERS 300 EAST SUPERSTITION BOULEVARD APACHE JUNCTION,ARIZONA 85219 REGULAR MEETING AGENDA August 16, 2011 700PM 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 August 2,2011. 3. Consideration of award of bid to Mesa Materials, Inc for pre-coated chips to be used in the chip seal project. Two bids were received in response to the Request for Proposal(RFP) Staff respectfully requests council approval to enter into a .••k contract with the lowest most responsible bidder, Mesa Materials, Inc for pre-coated chips to be used in the chip seal project. 4 Consideration of award of bid to Mesa Materials, Inc.for paving materials for the city's street reconstruction operations Two bids were received from the Request for Proposal(RFP). Staff respectfully requests council approval to award contract to the lowest most responsible bidder, Mesa Materials, Inc.for paving materials for the city's street reconstruction operations 5 Consideration of approval to enter into contract with Southwest Slurry Seal for the street maintenance slurry sealing of select city streets through Pinal County cooperative contract#EC09-002 for$110,467.00 with a 10% contingency of$11,046.70 for a total not to exceed the amount of$121,513.70. Staff requests consideration of approval to enter into a contract with Southwest Slurry Seal for the slurry sealing of select streets within the city as communicated in the Fiscal Year 2011-12 Street Maintenance Plan Work would be through Pinal County Cooperative Contract#EC09-002 in the amount of$110,467 00 with a 10%contingency of$11,046 70 for a total not to exceed the amount of $121,513 70 6 Consideration of award of bid of PW 2011-09 to Specialty Companies Group, LLC for material and labor to lower and raise manholes and valves at various locations throughout the City of Apache Junction. Two bids were received in response to the Request for Proposal(RFP) Public Works Staff respectfully requests council to give approval and award of contract to the lowest most responsible bidder, Specialty Companies Group, LLC 7 Consideration of proposed Resolution No 11-39, authorizing the City of Apache Junction to enter into an intergovernmental agreement with the Arizona Department of Transportation for inspection of bridges and culverts within the city limits. Staff respectfully requests city council's approval on Resolution No 11-39, authorizing the City of Apache Junction to enter into an intergovernmental agreement wit'Arizona Department of Transportation for inspe'1 of bridges and culverts within the city limits. The State of Arizona and ti.,.City of Apache Junction wish to promote consisteri,inspection methodologies throughout the state 8 Consideration of proposed Resolution No. 11-17, establishing the salary equivalency for the city's volunteer reserve police officers for use in calculation of workers'compensation coverage and identifies the number of these volunteers eligible for coverage. The Arizona Municipal Risk Retention Pool has recently advised that statutory guidelines require premiums for workers'compensation benefits for city volunteers be calculated differently than premiums for volunteer reserve police officers previously covered under Resolution Nos 06-30 and 09-41 Resolution No 11-17 establishes the salary equivalency for the city's volunteer reserve police officers for use in calculation of workers' compensation coverage Resolution No. 11-17 also identifies the number of volunteer reserve police officers eligible for coverage by the city 9 Consideration of proposed Resolution No. 11-18, establishing the salary equivalency and total number of publ, safety volunteers eligible for workers'compensation coverage. The Arizona Municipal Risk Retention Pool has recently advised that statutory guidelines require premiums for workers'compensation benefits for city volunteers be calculated differently than premiums for volunteer reserve police officers previously covered under Resolution Nos 06-30 and 09-41. Resolution No 11-18 establishes the salary equivalency for the city's volunteers that perform law enforcement support services through victim assistance programs,auxiliary patrol and the animal control division of the Apache Junction Police Department Resolution No 11-18 also identifies the number of these volunteer eligible for coverage by the city 10 Consideration and PD 2011-01,award of bid to Victory Motorcycles, in an amount not to exceed$52,832 76 Three bids were received from two separate vendors in response to the solicitation Staff respectfully requests council approval and award of this bid to Victory Motorcycles, in the amount of$52,832 76 for police motorcycles 11. Consideration of proposed Resolution No. 11-40 authorizing the re-submission of the grant application to the Bureau of Justice Assistance Fiscal Year 2011 Byrne Memorial Justice Assistance Grant(JAG). Staff respectfully requests the adoption of Resolution No. 11-40 which would authorize the re-submission of the grant application ($12,566)to obtain electronic ticketing equipment, related software and overtime for the administration of the grant The total cost of the project is$12,566.00. No matching funds are required for this application 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 12 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 13. PROPOSED RESOLUTION NO 11-14, DECLARING THAT PORTIONS OF PUBLIC ROADWAY EASEMENTS LOCATED ON THIRD AVENUE BETWEEN GOLDFIELD ROAD AND WAGONWHEEL ROAD ARE NO LONGER NECESSARY FOR PUBLIC USE Staff respectfully requests city council's approval on an extinguishment of roadway easements on Third Avenue between Goldfield Road and Wagonwheel Road has been requested by the adjacent property owners,who desire the use of these areas for setbacks. Staff has reviewed the submittal and has no technical objections since the use of the federally patent easement is not feasible or needed Resolution No.' '4 extinguishes the above-noted easements for Imo;roadway and right-of-way purposes. 14 PROPOSED RESOLUTION NO 11-16, DECLARING THAT CERTAIN DEDICATED RIGHT-OF-WAY AND ROADWAY EASEMENTS LOCATED ON BROADWAY AVENUE FROM IDAHO ROAD TO WINCHESTER ROAD ARE NO LONGER NECESSARY FOR PUBLIC USE The City of Apache Junction entered into an Intergovernmental Agreement with Central Arizona College(CAC)dated March 23rd, 2010 The City of Apache Junction determined that Broadway Avenue from Idaho Road to Winchester Road was not a critical route in the city's transportation master plan As a result the public purpose of this agreement is to improve streets, neighborhood traffic and the city's storm water management system Staff respectfully requests city council's approval on the above-noted extinguishment 15. PROPOSED RESOLUTION NO. 11-20, DECLARING THAT PORTIONS OF PUBLIC ROADWAY EASEMENTS OVER UNNAMED ROADS LOCATED WITHIN THE CASA VILLA SUBDIVISION ARE NO LONGER NECESSARY FOR PUBLIC USE. The City of Apache Junction became the holder of public roadway easements as described in a Development Agreement dated April .... 2nd, 1982,but roadway improvements were never constructed over or upon those easements The City of Apache Junction accepted and recorded the final plat for the Casa Villa Subdivision on December 12,2006, in which it states that the easements were to be extinguished Staff respectfully requests the city council's approval on the above-noted extinguishment 16. PROPOSED RESOLUTION NO. 11-29, DECLARING THAT PORTIONS OF PUBLIC ROADWAY EASEMENTS LOCATED ON THIRD AVENUE BETWEEN BOWMAN ROAD AND CONESTOGA ROAD ARE NO LONGER NECESSARY FOR PUBLIC USE. Staff respectfully requests City Council's approval on an extinguishment of roadway easements on Third Avenue between Bowman Road and Conestoga Road and has been requested by the adjacent property owners,who desire the use of these areas for setbacks Staff has reviewed the submittal and has no technical objections since the use of the federally patent easement is not feasible or needed Resolution No 11-29 extinguishes the above-noted easements for public roadway and right-of-way purposes t• 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: 17 EXECUTIVE SESSION AT 5 45 P.M AND WORK SESSION AT 7'00 P M FOR MONDAY, SEPTEMBER 5, 2011 HAS BEEN CANCELLED TO HONOR LABOR DAY. 18 EXECUTIVE SESSION AT 5 45 P M AND WORK SESSION AT 7.00 P M FOR TUESDAY, SEPTEMBER 6,2011. OTHER MEETINGS IF NECESSARY. NI 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 CITY COUNCIL REGULAR MEETING AUGUST 2, 2011 The regular meeting of the City Council of the City of Apache Junction, Arizona, was held on August 2, 2011, at the Apache Junction City Council Chambers pursuant to the notice p required by law. CALL TO ORDER Mayor Insalaco called the meeting to order at 7 : 00 p.m. INVOCATION Councilmember Wilson gave the Invocation. PLEDGE OF ALLEGIANCE Vice Mayor Dietz led the Pledge of Allegiance. ROLL CALL Councilmembers Present : Mayor Insalaco Vice Mayor Dietz Councilmember Barker Councilmember Serdy Councilmember Smithson Councilmember Wilson .•. (Councilmember Coleman was absent . ) Staff Present : City Manager George Hoffman Assistant City Manager Bryant Powell City Clerk Kathleen Connelly City Attorney Joel Stern Public Safety Director Jerald Monahan Interim Public Works Director Giao Pham Development Services Director Brad Steinke Others Present : Public Works Manager Shane Kiesow REGULAR MEETING OF THE CITY COUNCIL AUGUST 2, 2011 PAGE 1 OF 12 Revenue Resources Manager Roger Hacker ACCEPTANCE OF CONSENT AGENDA ) Vice Mayor Dietz MOVED THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED; AND THAT APPROVAL BE GIVEN FOR THE PROPOSED INDIAN COMMUNITY STATE SHARED REVENUE PROGRAM: LOCAL NONPROFIT PARTICIPATION POLICIES . Councilmember Barker SECONDED THE MOTION. VOTE: Unanimous . The motion carried. AWARDS, PRESENTATIONS AND COMMUNICATIONS Mayor Insalaco read a proclamation designating August 2011 as "Drowning Impact Awareness Month" and presented it to Tina Gerola of the Apache Junction Fire District. ANNOUNCEMENT OF CURRENT EVENTS Councilmember Serdy announced the art gallery in old Bashas' Plaza is having another First Friday event The idea is to get all the businesses in the area to pitch in. He encouraged others to stop by and see if they have any ideas . Mayor Insalaco commented all city departments have employees who have been working more jobs than they have been getting paid for. Every department has helped to get this city through. Every department has lost employees. The public works department has lost its director and two members have taken over and are doing the job. People think of public works as doing the streets . They repair furniture, install the water key boxes for AJ Water at city hall, repair plumbing problems, repair city vehicles, clean the streets, and do a lot more. He thanked Shane and Giao for taking over the way they did and keeping the department going. Mayor Insalaco announced he was at VFW Post 7968 today where Officer Joe Lucero received the VFW National Law Enforcement REGULAR MEETING OF THE CITY COUNCIL AUGUST 2, 2011 PAGE 2 OF 12 Award. He was nominated by Commander Jim Johnson. He was chosen at the local level, district level, state level and finally the national level. He was initially nominated for his efforts on the National Incident Management System, and his role for insuring not only the police department' s compliance, but also for being involved regionally in arranging for free national level training for Apache Junction Police Department personnel . His efforts have Insured the eligibility for the police department to continue receiving grant money. He was .�. also nominated for the consistent way he carries out his duties day to day, and his compassion and caring for the people of the city. CITY MANAGER' S REPORT City Manager George Hoffman commented on the reconstruction of Winchester Road, vertical construction starting again at Central Arizona College, Councilmembers Barker and Smithson keeping an eye on the redistricting issues in the county and state, and keeping an eye on what transpires at the federal level and how it impacts the states and cities, specifically with the grants . PUBLIC HEARINGS RESOLUTION NO. 11-21, DECLARING CASE AM-1-11, AMENDMENTS TO THE ZONING ORDINANCE PERTAINING TO DOWNTOWN OVERLAY DISTRICT, A PUBLIC RECORD ) Development Services Director Brad Steinke briefed the council on the item. Councilmember Wilson commented page 37, item 13 has a list of sign types not recommended for the downtown area. He would like clarification that moving signs are signs with moving elements . Development Services Director Brad Steinke stated if they are heading towards adopting digital LED design standards, what that is intending to say is that if they want digital signs, the design guidelines will allow them subject to these standards . He asked if they wanted him to go through them. REGULAR MEETING OF THE CITY COUNCIL AUGUST 2, 2011 PAGE 3 OF 12 Mayor Insalaco requested he do so. Development Services Director Brad Steinke stated the first one would be the digital sign being incorporated into the free standing sign. It cannot be on the side of a building, sitting around separately or on top of the roof. The second one is that the portion of the free standing sign that is digital cannot exceed 50% of the total sign area. If they are allowed 100 square feet of free standing sign, only 50 square feet can be digital . That is still a big sign, and very expensive. The third one is that the message being displayed on this digital sign cannot be continuous . This is very important . It cannot be ongoing or fully animated. It has to change at a minimum of every 8 seconds . That may sound strange, but the industry has been working long and hard on this . Houston allowed continuous glowing digital signs and is now backing off because of the safety hazard with cars . People are fixating on the signs, texting, and one second turns into ten seconds. Phoenix is about to adopt their sign package; they are using 8 seconds . They are seeing 8 seconds to 10 seconds. If they want to let it all go and allow full motion graphics, then they just remove number three. Number 4 is maximum brightness . During the daytime the sun is about 7 , 500 nits . At nighttime, that same 7, 500 nit sign would be a beacon blinding you. The industry states you need to have a different standard from night versus day. The nighttime standard is from 300 to 500 nits . He is uncomfortable because he has not really seen this to know what it means . That seems to be where the industry is headed. The fifth one, recently added, is if they want the digital signs to have a curfew rather than be on all night . The typical standard is to turn them off at 10 PM or the close of .�► business, whichever is later. These are the standard requirements they are seeing with communities wrestling with this . Councilmember Wilson commented he had visited the mid-west, Chicago area, and got to see a lot of these wonderful signs . He noticed how some of them would display a series of words coming in from the center and flowing out . It would then hold for 8 seconds . He asked if that would be considered a moving sign. REGULAR MEETING OF THE CITY COUNCIL AUGUST 2, 2011 PAGE 4 OF 12 .•. A.. Development Services Director Brad Steinke stated that would be part of the message. However the message appears, if it is like that, diagonal, or if they split things, once that message appears and sits there for 8 seconds, a similar one could appear. They would not be against that . Councilmember Wilson stated he wanted to make sure of that. He saw that a lot . It was eye- catching. They would come up with the regular price of gasoline. He just did not know the definition of a moving sign because this does flow into it. The other thing that he saw was a series of signs that are when you are crossing into New Mexico that almost look like fireworks going off with bright, flashing lights all over. It is eye-catching, but it is very distracting. He thinks that would be something they would not want. Development Services Director Brad Steinke stated that would violate the 8 second rule for strobe-like flashes . While the message can get there in an eye- catching manner, it has to stay there for 8 seconds. Councilmember Serdy asked if those signs were on a rural freeway. Councilmember Wilson stated some of them were. Some were in the community. The one mentioning the price of gasoline was in the community. Councilmember Barker ,... commented he stated this was if they choose to tackle the LED sign standards. LED sign components are part of the adoption of the district design guidelines . She asked him to clarify how adopting the design guidelines is not adopting the digital LED sign standards . Development Services Director Brad Steinke stated he put this standard in both the ordinance and in the original design guidelines . Then he took it out of the ordinance but he did not take it out of the guidelines . If they want to introduce this in, they keep the guidelines as presented before them and simply add this to the ordinance. REGULAR MEETING OF THE CITY COUNCIL AUGUST 2, 2011 PAGE 5 OF 12 Councilmember Barker stated he said he was uncomfortable with doing this at this point . She asked him to explain. Development Services Director Brad Steinke stated up until yesterday he did not know what nits meant. When he does research on things, especially technical issues that he is unfamiliar with, he tends to want to do a robust scan. He has looked at about 15 ordinances and talked to a couple of sign guys . He feels better now than he did 3 weeks ago, but he believes there is probably something missing that will have to be revisited. Sign people are very clever and signs are out there to grab attention. He is certain the industry has something in store for us that we have not anticipated. Councilmember Barker asked if we have a means for measuring nits . Development Services Director Brad Steinke stated the city would have to hire a sign company to do a nit measurement. He thinks the signs can be calibrated in a way that does that . Councilmember Smithson asked how this is related to neon signs which also can move and to the billboard signs that change. Development Services Director Brad Steinke stated they would have to go back to the sign code if they wanted to allow billboards in the city. It would be addressed at a separate time. .•. Councilmember Smithson stated he is talking about if someone wanted to put a sign on the front of their building that is a smaller sign and meets the sign size standards, but they wanted something with either neon or with rotating movement . Development Services Director Brad Steinke stated the rotating is disallowed right now. It allows neon. REGULAR MEETING OF THE CITY COUNCIL AUGUST 2, 2011 PAGE 6 OF 12 AW p Councilmember Smithson stated they could have dancing girls and popping corks on their sign, but they cannot have the LED do the same thing. Development Services Director Brad Steinke stated they cannot have popping corks in any form. Nothing can be animated or moving right now. It has to be a static sign. They could have neon that looks like a champagne bottle, but they cannot have a cork popping out of it . Councilmember Barker asked if he was thinking that the complete addressing of digital signs would be better if a complete address of the sign code were done rather than sticking it in here. If it is here, it needs to be incorporated into our sign code. Development Services Director Brad Steinke stated it would not have to be incorporated right now. This would get a jump on it . Vice Mayor Dietz commented this is just for the downtown. Councilmember Barker stated if they chose to do this, it would have to be incorporated into number 8 or 9. There was general discussion on what part of the ordinance it would be under. It was determined it would be number 3 under Shared Benefits. /.� Development Services Director Brad Steinke stated if this is approved as part of the downtown, it will still be addressed as part of the sign code when the zoning thing comes back. Councilmember Barker stated that was part of her question. She was trying to figure out how all this was related to the sign code. Councilmember Serdy commented neon is still pretty fragile. These are signs outside a business. Someone could build a business with lots of windows . REGULAR MEETING OF THE CITY COUNCIL AUGUST 2, 2011 PAGE 7 OF 12 They put the neon sign on the inside and it is doing its stuff. He asked if the city would be regulating those signs inside the business . Development Services Director Brad Steinke stated if they have a big window, they could put a fully-animated, digital sign inside the window. The city does not regulate the signs inside. Councilmember Serdy commented that is where you see most neon signs. Mayor Insalaco commented that is because neon is too fragile. If someone throws a rock at it, it is all gone. He then opened the public hearing on the item. Mr. Louis Babin, 2191 S . Belair, Apache Junction, addressed the council . He commented the digital sign issue came up while he was on the planning and zoning committee, although not necessarily LED. He pointed out the difference between digital and analog signs . Digital implies there is a computer tied to the signs . He is concerned with the intensity, and with it being computer controlled, they should be able to adjust the intensity to what they would want. Vice Mayor Dietz commented they could get the adjustment from the 7, 500 down to the 500 Mr. Louis Babin stated they could also work with the businessman if they needed to tweak that a little bit . That was his main concern on the digital signs . 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. Vice Mayor Dietz MOVED THAT RESOLUTION NO. 11-21, 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-1-11 : AMENDMENTS TO THE APACHE JUNCTION CITY CODE, REGULAR MEETING OF THE CITY COUNCIL AUGUST 2, 2011 PAGE 8 OF 12 VOLUME II LAND DEVELOPMENT CODE, CHAPTER 1 ZONING ORDINANCE, PERTAINING TO THE DOWNTOWN OVERLAY DISTRICT", WHICH WAS ALSO ADOPTED BY REFERENCE AS AN EXHIBIT TO ORDINANCE NO. 1375, BE APPROVED. Councilmember Wilson SECONDED THE MOTION. VOTE: Unanimous. Amok The motion carried. ORDINANCE NO. 1375, AMENDING THE ZONING ORDINANCE BY ADDING ARTICLE 1-25 DOWNTOWN OVERLAY DISTRICT AND ADOPTING BY REFERENCE THE DOWNTOWN OVERLAY DISTRICT 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. Councilmember Barker commented she wanted to point out that the past tense in the last one kind of threw her. Mayor Insalaco closed the discussion with no further comments and called for a motion. Councilmember Barker MOVED THAT ORDINANCE NO. 1375 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. REGULAR MEETING OF THE CITY COUNCIL AUGUST 2, 2011 PAGE 9 OF 12 Councilmember Barker MOVED THAT ORDINANCE NO. 1375, AS READ BY THE CITY CLERK, BE APPROVED AND ADOPTED WITH THE FOLLOWING AMENDMENT: THAT WE ADD TO SHARED BENEFITS, THAT IS LETTER C ON PAGE 5 OF THIS DOCUMENT, A NUMBER 3 THAT WOULD BE ENTITLED DIGITAL LED SIGNS STANDARDS AND WOULD HAVE THE 5 POINTS THAT HAVE BEEN SHOWN ON THE SCREEN. Vice Mayor Dietz SECONDED THE MOTION. VOTE: Unanimous . The motion carried. RESOLUTION NO. 11-22, ADOPTING THE DOWNTOWN OVERLAY DISTRICT DESIGN GUIDELINES 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 discussion, he called for a motion. Vice Mayor Dietz MOVED THAT RESOLUTION NO 11-22, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, ADOPTING THE "APACHE JUNCTION DOWNTOWN OVERLAY DISTRICT DESIGN GUIDELINES", BE APPROVED. Councilmember Barker SECONDED THE MOTION. VOTE: Unanimous . The motion carried. OLD BUSINESS None. NEW BUSINESS None. REGULAR MEETING OF THE CITY COUNCIL AUGUST 2, 2011 PAGE 10 OF 12 Ask COUNCIL DIRECTION TO STAFF None. SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES Vice Mayor Dietz MOVED THAT AN EXECUTIVE SESSION AT 5 : 45 P.M. AND A WORK SESSION AT 7 : 00 Auk P.M. BE HELD ON MONDAY, AUGUST 15, 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, AUGUST 16, 2011 IN THE CITY COUNCIL CONFERENCE ROOM. Councilmember Barker SECONDED THE MOTION. VOTE: Unanimous . The motion carried. CALL TO THE PUBLIC: None. ADJOURNMENT Mayor Insalaco adjourned the meeting at 7 : 40 p.m. Consent Agenda Items are as follows : 1 . Acceptance of Agenda. 2 . Approval of Minutes of Special Meeting of July 18, 2011 . 3 . Approval of Minutes of Regular Meeting of July 19, 2011 . 4 . Consideration of Proposed Indian Community State Shared Revenue Program: Local Nonprofit Participation Policies. ACCEPTED THIS 16TH DAY OF AUGUST, 2011, BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA. REGULAR MEETING OF THE CITY COUNCIL AUGUST 2, 2011 PAGE 11 OF 12 SIGNED AND ATTESTED TO THIS 16TH DAY OF AUGUST, 2011 . JOHN S. INSALACO Mayor ATTEST: p KATHLEEN CONNELLY City Clerk CITY COUNCIL MINUTES CERTIFICATION I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the regular meeting of the City Council of the City of Apache Junction, Arizona, held on the 2nd day of August, 2011 . I further certify that the meeting was duly called and held and that a quorum was present . Dated this 9th day of August, 2011 . KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL AUGUST 2, 2011 PAGE 12 OF 12 O4 PpACHf✓Gyp i.. .�.. City glApache Junction 2 Ho,;,' of the ,Supet:t/t/Ion A1oiln/,ims 4 P/Z4tiP. Print TO: City Manager's Office FROM: Shane Kiesow, Public Works Manager DATE' August 16, 2011 Agenda Type : Regular Agenda Council Priority Focus Area: Budgeted Operational Item TITLE OF AGENDA ITEM: Consideration of award of bid to Mesa Materials, Inc for pre-coated chips to be used in the chip seal project ACTION REQUESTED: Recommendation for Approval DISCUSSION / BACKGROUND INFORMATION: Two bids were received in response to the Request for Proposal (RFP) Staff respectfully requests council approval to enter into a contract with the lowest most responsible bidder, Mesa Materials, Inc for pre-coated chips to be used in the chip seal project FISCAL IMPACT: Budgeted Expenditure OPTIONS/ALTERNATIVES: p RECOMMENDATION: Approval. ATTACHMENTS: Click to download LI Pre coated Chips Memo i] Pre-coated Chios Contract pQACyfi� s Gy Public Works Department e1/4/44e4h Home of the Superstition Mountains q NIZONP August 2, 2011 To Mayor and Members of City Council Thru George Hoffman, City Manager Giao Pam, Interim Public Works Director From Shane Kiesow, Public Works Manager Subject. PW 2011-08 Pre-Coated Chips Bid results for the above project were presented to City Council for discussion on August 1, 2011 This project would consist of the contractor supplying and delivering the pre-coated chips to be used in the chip seal project This project was bid on a per ton basis The term of the contract will end June 30, 2012 with an automatic renewal for five (5) successive periods of one (1) year from the original signing of the agreement The following two bids were responsive. Mesa Materials, Inc $47.87 per ton Cactus Asphalt $63 00 per ton Public Works Staff respectfully requests City Council to give approval and award of contract to Mesa Materials, Inc 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 PROJECT NO . PW 2011-08 PRE-COATED CHIPS "' THIS AGREEMENT made and entered into by and between the CITY OF APACHE JUNCTION, an Arizona municipal corporation ("City") and MESA MATERIALS, INC, an Arizona corporation ("Contractor") , sometimes collectively referred to as the "Parties" or individually as a "Party" . RECITALS WHEREAS, in response to City' s Notice Inviting Bid Proposals dated June 24, 2011, and any addendums applicable thereto, Contractor submitted a proposal dated July 13, 2011, in which Contractor asserts its willingness, ability and qualifications to provide this material, and WHEREAS, City has complied with the public bidding requirements under Arizona Revised Statutes Title 34 and Apache Junction City Code Article 3-7; and WHEREAS, City and Contractor desire to set forth herein their respective responsibilities and the manner and terms upon which Contactor shall render the services. AGREEMENT NOW, THEREFORE, City retains Contractor to provide materials, and Contractor agrees to provide the materials in accordance with the terms and conditions set forth below: 1. PROJECT DESCRIPTION: Contractor shall provide and deliver or cause to be provided and delivered in a good workmanlike manner, the materials in accordance with and as more fully described in the Notice Inviting Bid Proposals for Project No. PW 2011-08, on file with the Public Works Department, which includes the following product description: 3/8" Pre-coated chips, stock-piled and delivered to the Chip spreader. 2. CONTRACT TIME: The terms of this Agreement shall be from the date of written award by the City Council to June 30, 2012 The Agreement will be renewed automatically and continuously for successive periods of one (1) year, not to exceed five (5) years from the original execution of the original Agreement as long as City budgets for and appropriates funds for the successive renewal terms . 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. 1 3. PRICING: The total cost amount as outlined in the Cost Proposal of the Bid Proposal (Attachment A) includes all applicable taxes, preparation charges, if any, transportation and delivery charges fully prepaid by the Contractor to the destination specified. Price adjustments will be considered provided said adjustment (s) are submitted with 15-calendar days advance written notice to the Public Works Director. Prices shall be in effect for the duration of the contract at the unit prices bid, with a price adjustment as follows : 4 . PAYMENTS: Payment will be made by the City within thirty (30) calendar days after completion and acceptance of the material . Total amount of this Agreement shall not exceed $500, 000 . 00 . 5 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 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. 6. WARRANTY: 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 and within fourteen calendar days of notice of defect in writing by the 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. The warranties and guarantees provided in this subsection of the contract documents shall be in addition to and not in limitation of any other warranties, 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 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 which are customarily secured after execution of the contract and which are legally required. Contractor 2 shall give all notices and comply with all laws, ordinances, rules, regulations and lawful orders of any public authority. 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 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. INDEMNIFICATION• Contractor shall defend indemnify and 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. 10. SUBCONTRACTORS: 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. 11 . 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 3urisdiction 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. 12 . 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. 3 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 provision which would serve to limit third party action over claims . 4 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 Contactor 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. 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. 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 13 . QUANTITY All quantities stated in the Contract are subject to adjustment as dictated by the City requirements. Quantities at variance with stated bid quantities may be purchased as required during the term of the Agreement at the quoted prices . All quantities are approximate and are not to be considered as an indication of actual requirements 5 1.11 14. 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. 15. WRITTEN NOTICE: Written notice shall be deemed to have been eS 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. 16. 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. 17. 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. 18. SAFETY. Contractor and/or its Subcontractors shall be solely responsible for job safety at all times. 19. 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. 20. LIQUIDATED DAMAGES. Should Contractor fail to deliver the supplies and/or perform the services within the time specified in this contract, or any extension thereof, the actual damages to City for the delay will be difficult to determine. Therefore, in lieu of actual damages, Contractor shall pay to City as fixed, agreed, and liquidated damages for each calendar day of delay, the amount of $100 per day. Contractor shall not be charged with liquidated damages when the delay arises out of cause beyond the control and without the fault of negligence of Contractor. The City shall determine what is beyond the control of Contractor and his supplier 6 21. TERMINATION: Either Party may terminate this Agreement with or without cause as long as one hundred twenty (120) calendar day advance written notice is communicated to the other Party. 22 RECORDS: Records of Contractor' s material, 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. 23. 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. 24 . 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. 25. 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, the Drug Free Workplace Act of 1989, the Arizona Public Records Act, the Conflicts of Interest law, and federal and state environmental laws and all other applicable federal, state and local laws . 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 Amok 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 Subcontractors to ensure compliance with Contractor' s Immigration Warranty Contractor agrees to assist the City in regard to any random verifications performed. 7 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. 26. COOPERATIVE USE OF CONTRACT: The City has entered into various cooperative purchasing agreements with other Arizona government agencies, including the Strategic Alliance for Volume Expenditures "SAVE" cooperative. This contract may be extended for use by other municipalities, school districts and government agencies in the State of Arizona with the approval of the Contractor. Any such usage by other entities must be in accordance with the statutes, codes, ordinances, charter and/or procurement rules and regulations of the respective government agency Orders placed by other agencies and payment thereof will be the sole responsibility of that agency. The City shall not be responsible for any disputes arising out of transactions made by others . 27 . AMENDMENTS: 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. IN WITNESS WHEREOF the parties hereto have caused this Agreement to be signed by their duly authorized representative as of this day of , 2011 . Mesa Materials, Inc an Arizona corporation By: Print Name. Title• 8 Aft, Ask CITY OF APACHE JUNCTION an Arizona municipal corporation By: JOHN S. INSALACO Title: MAYOR Amik ATTEST: Kathleen Connelly City Clerk APPROVED AS TO FORM: Richard J. Stern City Attorney 9 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. ossek Witness our hand this day of , 2011. PRINCIPAL SEAL BY: AGENCY OF RECORD AGENCY ADDRESS SURETY SEAL BY. 10 CITY OF APACHE JUNCTION PROJECT NO. PW 2011-08 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 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. 11 Teiwwhone No • 4 4'6 d 3G -/5" Z/ ze 7 -5 -20 %/ ITEM DESCRIPTION DNIT f:ICE/TON 3/8" ERE-O U T!L C I_S / ! i Cl.✓/Tov ±L: t r ^: PRE.DER .-f EJS 'PPLIC K E _-X_) I 4ty ,�CU�KJ /c//wits �- �iy6i /-, .�ezcx L ,r-s NOTE PRICE INCLUDES DEL:VtRY AND APPLICABLE TAXES. Attachment A 4 Pp ACHE de/ i.► „` y`' Z of CZ 1 padre Junction Home o f-the .S uperc/ittort mountain, ipizONh Print TO. City Manager's Office FROM: Shane Kiesow, Public Works Manager DATE August 16, 2011 Agenda Type : Regular Agenda Council Priority Focus Area: Budgeted Operational Item TITLE OF AGENDA ITEM: Consideration of award of bid to Mesa Materials, Inc for paving materials for the city's street reconstruction operations ACTION REQUESTED: Recommendation for Approval DISCUSSION/ BACKGROUND INFORMATION: Two bids were received from the Request for Proposal (RFP) Staff respectfully requests council approval to award contract to the lowest most responsible bidder, Mesa Materials, Inc. for paving materials for the city's street reconstruction operations FISCAL IMPACT: Budgeted Expenditure OPTIONS/ALTERNATIVES: RECOMMENDATION: Approval ATTACHMENTS: Click to download D Paving Materials Memo D Paving Materials Contract o Gin Public Works Department A eo+ e/4e% J Home of the Superstition Mountains 4 HIZONP August 2, 2011 To. Mayor and Members of City Council Thru. George Hoffman, City Manager Giao Pam, Interim Public Works Director From. Shane Kiesow, Public Works Manager Subject. PW 2011-07 Paving Materials Bid results for the above project were presented to City Council for discussion on August 1, 2011. This project would consist of the contractor supplying and delivering the paving materials for the City's street reconstruction operations This project was bid on a per ton basis The term of the contract will end June 30, 2012 with an automatic renewal for five (5) successive periods of one (1) year from the original signing of the agreement The following two bids were responsive. Mesa Materials, Inc 9.5 mm, 5.6% AC Superpave No Bid 12 5 mm, 5 1%AC Superpave $65 20 per ton 19 mm, 4 8% AC Superpave $61.63 per ton 119 mm, 5 0% AC EVAC $65 20 per ton Cold Mix $99 60 per ton Vulcan Materials Company 9 5 mm, 5 6% AC Superpave $74 63 per ton 12.5 mm, 5.1%AC Superpave $72.45 per ton 19 mm, 4 8% AC Superpave $71 36 per ton 19 mm, 5 0% AC EVAC $71 36 per ton Cold Mix No Bid Public Works Staff respectfully requests City Council to give approval and award of contract to Mesa Materials, Inc 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 PROJECT NO . PW 2011-07 PAVING MATERIALS THIS AGREEMENT made and entered into by and between the CITY OF APACHE JUNCTION, an Arizona municipal corporation ("City") and MESA MATERIALS, INC, an Arizona corporation ("Contractor") , sometimes collectively referred to as the "Parties" or individually as a "Party" . RECITALS WHEREAS, in response to City' s Notice Inviting Bid Proposals dated June 24, 2011, and any addendums applicable thereto, Contractor submitted a proposal dated July 13, 2011, in which Contractor asserts its willingness, ability and qualifications to provide this material; and WHEREAS, City has complied with the public bidding requirements under Arizona Revised Statutes Title 34 and Apache Junction City Code Article 3-7; and WHEREAS, City and Contractor desire to set forth herein their respective responsibilities and the manner and terms upon which Contactor shall render the services. AGREEMENT NOW, THEREFORE, City retains Contractor to provide materials, and Contractor agrees to provide the materials in accordance with the terms and conditions set forth below: 1 PROJECT DESCRIPTION. Contractor shall provide and deliver or cause to be provided and delivered in a good workmanlike manner, the materials in accordance with and as more fully described in the Notice Inviting Bid Proposals for Project No PW 2011-07 Paving Materials, on file with the Public Works Department, which includes the following product description: 9. 5 mm, 5. 6% AC Superpave, 12 5 mm, 5 1% AC Superpave, 19 mm, 4 . 8% AC Superpave, 19 mm, 5. 0% AC EVAC, Cold Mix 2. CONTRACT TIME: The terms of this Agreement shall be from the date of written award by the City Council to June 30, 2012 . The Agreement will be renewed automatically and continuously for successive periods of one (1) year, not to exceed five (5) years from the original execution of the original Agreement as long as City budgets for and appropriates funds for the successive renewal terms 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. 1 3. PRICING: The total cost amount as outlined in the Cost Proposal of the Bid Proposal (Attachment A) includes all applicable taxes, preparation charges, if any, transportation and delivery charges fully prepaid by the Contractor to the destination specified Price adjustments will be considered provided said adjustment (s) are submitted with 15-calendar day' s advance written notice to the Public Works Director. Prices shall be in effect for the duration of the contract at the unit prices bid, with a price adjustment as follows : The term "bituminous material" as used herein shall include asphalt ems cement, liquid asphalt and emulsified asphalt. The term "Initial cost" of bituminous materials as used herein shall mean the cost as determined by the ADOT Price Adjustment for bituminous material for the month price adjustment is submitted. See: http• //www azdot.gov/highways/cns/bitmat asp. The Contract unit price for each item that contains bituminous material will be considered to include all costs of materials as required, including the "initial cost" of bituminous material . The initial cost of bituminous material will be based on the ADOT Monthly Index as follows: The adjustment in compensation, either increase or decrease, for bituminous material will be based on the dollar amount change in the ADOT Monthly Index from the month in which the contract was bid compared to the month in which the material is used, on a calendar month basis. This adjustment will apply only to the amount of bituminous material used in the bid item and not to the overall unit cost. The amount of bituminous material in each bid item will be as follows: MC' s and liquid asphalt 100% Terminal blend asphalt rubber 93% Emulsions, Concentrate 60% Diluted 2 : 1 Diluted 1: 1 enN Additionally, the adjustment for compensation for bituminous materials will be based on the tone of bituminous material prior to dilution. This adjustment will apply to bituminous material only. A sample of the formula is as follows: ($ amount change in ADOT index) x (% of bituminous material) + (amount bid) 4. PAYMENTS* Payment will be made by the City within thirty (30) calendar days after completion and acceptance of the material Total amount of this Agreement shall not exceed $500, 000. 00 . 5. 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 2 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 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 Omk any of the materials under any contract document. 6. WARRANTY: 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 and within fourteen calendar days of notice of defect in writing by the 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. The warranties and guarantees provided in this subsection of the contract documents shall be in addition to and not in limitation of any other warranties, 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 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 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. Contractor oms 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 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. INDEMNIFICATION: Contractor shall defend indemnify and 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 3 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. 10. SUBCONTRACTORS 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. 11. GOVERNING LAW AND VENUE: The terms and conditions of this Agreement shall be governed by and interpreted in accordance with the laws eS 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. 12. 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 shall be solely responsible for the deductible and/or self-insured retention and City, at its option, may require 4 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. Auk The insurance policies, except Workers Compensation and Professional Liability, required by this Agreement, shall name City, its Mayor, Council, appointees, agents, officers, officials and employees as additional insured parties . REQUIRED COVERAGE Commercial General Liability Contractor shall maintain Commercial General Liability insurance with a limit of not less than $1, 000, 000 for each occurrence with a $2, 000, 000 Products/Completed Operations Aggregate and a $2, 000, 000 General Aggregate Limit. The policy shall include coverage for bodily injury, broad form property damage, personal injury, products and completed operations and blanket contractual coverage including, but not limited to, the liability assumed under the indemnification provisions of this Agreement which coverage will be at least as broad as Insurance Service Office, Inc. Policy Form CG 00011-03 or any replacement thereof. Such policy shall contain a severability of interest provision, and shall not contain a sunset provision or commutation clause, nor any provision which would serve to limit third party action over claims The Commercial General Liability additional insured endorsement shall be at ilink 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 Contactor 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 5 p - 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. CERTIFICATE OF INSURANCE Prior to commencing work or services under this Agreement, Contractor shall °I.'. 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. 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 . 13 . QUANTITY All quantities stated in the Contract are subject to adjustment as dictated by the City requirements. Quantities at variance with stated bid quantities may be purchased as required during the term of the Agreement at the quoted prices All quantities are approximate and are not to be considered as an indication of actual requirements . 14 . 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. 15. 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. 6 16. 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. 17. 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 emN Contractor agrees to conform to all provisions set forth in such forms. 18 . SAFETY* Contractor and/or its Subcontractors shall be solely responsible for job safety at all times 19. 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 20. LIQUIDATED DAMAGES: Should Contractor fail to deliver the supplies and/or perform the services within the time specified in this contract, or any extension thereof, the actual damages to City for the delay will be difficult to determine. Therefore, in lieu of actual damages, Contractor shall pay to City as fixed, agreed, and liquidated damages for each calendar day of delay, the amount of $100 per day Contractor shall not be charged with liquidated damages when the delay arises out of cause beyond the control and without the fault of negligence of Contractor The City shall determine what is beyond the control of Contractor and his supplier. 21. TERMINATION. Either Party may terminate this Agreement with or without cause as long as one hundred twenty (120) calendar day advance written notice is communicated to the other Party 22. RECORDS* Records of Contractor' s material, 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. 23 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 7 24. 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. 25. 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, the Drug Free Workplace Act of 1989, the Arizona Public Records Act, the Conflicts of Interest law, and federal and state environmental laws and all other applicable federal, state and local laws . 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 Y o 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 o 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 verificationprovisionsprescribed bysections 274A and 274B of the Federal Immigration and Nationality Act and the E-Verify requirements prescribed by2 - A.R.S. § 3 214, 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. 26. COOPERATIVE USE OF CONTRACT: The City has entered into various cooperative purchasing agreements with other Arizona government agencies, 8 ^ including the Strategic Alliance for Volume Expenditures "SAVE" cooperative. This contract may be extended for use by other municipalities, school districts and government agencies in the State of Arizona with the approval of the Contractor Any such usage by other entities must be in accordance with the statutes, codes, ordinances, charter and/or procurement rules and regulations of the respective government agency. Orders placed by other agencies and payment thereof will be the sole responsibility of that agency The City shall not be responsible for any ^ disputes arising out of transactions made by others 27 AMENDMENTS. 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 IN WITNESS WHEREOF the parties hereto have caused this Agreement to be signed by their duly authorized representative as of this day of , 2011 . Mesa Materials, Inc an Arizona corporation By: Print Name: Title: CITY OF APACHE JUNCTION an Arizona municipal corporation By: JOHN S INSALACO Title. MAYOR 9 ATTEST• Kathleen Connelly City Clerk APPROVED AS TO FORM: Richard J. Stern City Attorney 10 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 Ank 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- 11 CITY OF APACHE JUNCTION PROJECT NO PW 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 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 12 PROJECT NO. PW 2011-07 COST PROPOSAL Firm or Individual. e 7 A /`/z S Address• .'Y//D /U• /1/h 'y RO / /7Z5M- / ci Z/S- Telephone No. ( ) S30-/5"1/ Date: 7- /3 - 2 // ITEM DESCRIPTION UNIT PRICE/TON 1. 9.5 MM, 5 6% ac SUPERPAVE $ /Vb /3 /z) /TON /V G /3//- UNIT PRICE IN WORDS 2. 12.5 mm, 5. 1% AC SUPERPAVE Y s^ Zv/TON ./ Xrr �i ti /Jo t2 0745 MVO 6v��r rc� r ��. S UNIT PRICE IN WORDS 3 . 19 imr., 4 8% AC SUPERPAVE $ /' 43/TON 5 /Yry (�/�E / a//sans /'w/J Siur 77,Zc C�k.r5 / UNIT PRICE IN WORDS 4 . 19 mm, 5 J% AC EVAC $ � . ZU/TON 5/1/7— i�� Dol/./t5 4-4'4 %GA.,c/L.,/-47 Gzx-rs UNIT PRICE IN WORDS 5 COLD MIX $ g1. -- �/ 7 c x///V<(-- D///9 S RA-0 5'/ G z w r 5 UNIT PRICE IN WORDS / 4 Standby time for delivery trucks at GL Jobsite after 20 minutes S fSG —/HOUR �/ /17e7 /)o//`J.P$ UNIT PRICE IN WORDS PRICE ESCALATION CLAUSE ON PAGES 3-4 NOTE PRICE INCLUDES DELIVERY AND APPLICABLE TABS Exhibit A i2 4 PpA CHE ✓G 4n z CIO of Junction Home of the .rupeatition Mountains Print TO: City Manager's Office FROM: Shane Kiesow, Public Works Manager DATE. August 16, 2011 Agenda Type • Regular Agenda Council Priority Focus Area: Budgeted Operational Item TITLE OF AGENDA ITEM: Consideration of approval to enter into contract with Southwest Slurry Seal for the street maintenance slurry sealing of select city streets through Pinal County cooperative contract#EC09-002 for$110,467 00 with a 10% contingency of$11,046 70 for a total not to exceed the amount of$121,513.70. ACTION REQUESTED: Recommendation for Approval DISCUSSION / BACKGROUND INFORMATION Staff requests consideration of approval to enter into a contract with Southwest Slurry Seal for the slurry sealing of select streets within the city as communicated in the Fiscal Year 2011-12 Street Maintenance Plan Work would be through Pinal County Cooperative Contract#EC09-002 in the amount of$110,467 00 with a 10% contingency of$11,046.70 for a total not to exceed the amount of$121,513 70. FISCAL IMPACT: Budgeted Expenditure OPTIONS/ALTERNATIVES: RECOMMENDATION: Award ATTACHMENTS: Click to download ❑ Southwest Slurry Seal Memo LI Southwest Slurry Seal Contract se" .� Gti Public Works Department ary n� i 2 n4444, 4444z.:044 Home of the Superstition Mountains HIZONP DATE August 3, 2011 TO Mayor and Members of the 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 enter into Contract with Southwest Slurry Seal for the street maintenance slurry sealing of select streets throughout the City as was denoted at the August 15th City Council Work Session. The work will be through Pinal County cooperative contract#EC09-002 for$110,467.00 with a 10% contingency of $11,046 70 for a total not to exceed amount of$121,513 70 to be performed September 2011 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# 2011-12 "FY 2011-12 SWSS Slurry Seal Project" 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 July 18, 2011 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 Contractor agrees to render the services in accordance with the terms and conditions set forth as follows . oink 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 July 18, 2011 including, but not limited to- A. Application of Type II Polymer Modified Slurry Seal to . a. Del Rio Ct from Broadway Ave north to dead end. b. 14`- Ave. , Idaho Rd. east to dead end c. Stetson Dr. , 16`' Ave . north to dead end. d Stetson Ct ; 16` Ave. south to dead end. e 13 Ave ; Winchester Rd west to dead end. f. Winchester Rd ; Midway between Fred Ave and Friar Ave. south to 29` Ave g. 29' Ave . , Idaho Rd. to Winchester Rd h. Royal Palm Rd. , Old West Highway to Greenlee Ave. alignment . 1 0 B Approximate square yards of roads to be treated, 65, 34 6 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 one hundred and ten thousand four hundred and sixty-seven dollars ($110, 467 . 00) 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 October 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 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. 2 Al ob. 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 "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 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 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 3 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 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 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 . INDEMNIFICATION• 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 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 4 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, Workers Compensation, shall except P P 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 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 . 5 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 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 6 /0 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 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 effected by written order and shall be binding upon City and Contractor. eN 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 7 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 ,im► 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 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 8 /I 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 eIN 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 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 9 fmN 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 Subcontractors shall be deemed to have materially breached the Contractor Immigration Warranty eN 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 Aft. Aim 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: Amok CITY OF APACHE JUNCTION an Arizona municipal corporation By: John S . Insalaco Title . Mayor ATTEST• Kathleen Connelly City Clerk p APPROVED AS TO FORM• Richard J. Stern City Attorney CERTIFICATE OF INSURANCE CITY OF APACHE JUNCTION 11 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; emN 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 Cityof Apache Junction not less than p t an 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 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 k PpACtit- ow. ow. City of Apache Juncrion U 2 4Home of'iL .S lrperciition )1 oiiiitaiii s gR11os* Print TO: City Manager's Office FROM: Shane Kiesow, Public Works Director DATE: August 16, 2011 . . Agenda Type : Regular Agenda Council Priority Focus Area: TITLE OF AGENDA ITEM: Consideration of award of bid of PW 2011-09 to Specialty Companies Group, LLC for material and labor to lower and raise manholes and valves at various locations throughout the City of Apache Junction. ACTION REQUESTED. Recommendation for Approval DISCUSSION/ BACKGROUND INFORMATION: Two bids were received in response to the Request for Proposal (RFP). Public Works Staff respectfully requests council to give approval and award of contract to the lowest most responsible bidder, Specialty Companies Group, LLC FISCAL IMPACT: Budgeted Expenditure OPTIONS/ALTERNATIVES: .•. RECOMMENDATION: Approval. ATTACHMENTS: Click to download ❑ Utilities Memo ❑ Utilities Contract Public Works Department ete.„ eii+,444„, Home of the Superstition Mountains '�RI ZONP August 2, 2011 To Mayor and Members of City Council Thru George Hoffman, City Manager Giao Pam, Interim Public Works Director From Shane Kiesow, Public Works Manager Subject PW 2011-09 Material and Labor to Lower and Raise Manholes and Valves at Various Locations throughout the City of Apache Junction Bid results for the above project were presented to City Council for discussion on August 1, 2011. This service would be utilized during street reconstruction. This project was bid on a per item basis. The term of the contract will end June 30, 2012 with an automatic renewal for five (5) successive periods of one (1) year from the original signing of the agreement The following bid was responsive. Specialty Companies Group, LLC $250 00 Mobilization $125.00 to lower one manhole $250 00 to raise one manhole $125 00 to lower one water valve $225.00 to raise one water valve $75 00 to install one survey monument Public Works Staff respectfully requests City Council give approval and award of contract to Specialty Companies Group, LLC 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 PROJECT PW 2011-09 MATERIAL AND LABOR TO LOWER AND RAISE MANHOLES AND VALVES AT VARIOUS LOCATIONS THROUGHOUT THE CITY OF APACHE JUNCTION, AS NEEDED THIS AGREEMENT made and entered into by and between the City of Apache Junction, an Arizona municipal corporation ("City") and SPECIALTY COMPANIES GROUP, L L C, INC. , an Arizona corporation ("Contractor") . WHEREAS, in response to City' s Notice Inviting Bid Proposals dated July 24, 2011, and any addendums applicable thereto, Contractor submitted a proposal dated July 13, 2011, in which Contractor asserts its willingness, ability and qualifications to provide this work and service; and WHEREAS. City has complied with the public bidding requirements under Arizona Revised Statute Title 34 and Apache Junction City code Article 3-7; and WHEREAS, 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: 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 the Notice Inviting Bid Proposals for Project No PW 2011-09 on file with the Public Works Department, which includes the following scope of work: Material and labor to lower and raise manholes and water valves at various locations through the City of Apache Junction, as needed. 2. CONTRACT TIME: The terms of this Agreement shall be from the date of written award by the City Council to June 30, 2012 . The Agreement will be renewed automatically and continuously for successive periods of one (1) year, not to 1 exceed five (5) years from the original execution of the original Agreement as long as City budgets for and appropriates funds for the successive renewal terms . 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. 3. 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 . Contractor shall be responsible to City for the acts and omissions of its employees, Sub-Contractors and their agents and employees and other persons performing any of the work under any contract document . 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 specifically agrees that all work is to be performed pursuantAsoftk 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 2 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 16 herein 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 16 shall subject Contractor to liquidated damages as provided therein. 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; and 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 .i► 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 S. 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 3 oft. Adak. public authority bearing on the performance of the work. City permits for this work will be provided to Contractor at no cost. Contractor understands that the activity described herein constitutes "doing business in the City of Apache Junction" and Contractor agrees to obtain a business tax license pursuant to Article 8-5 of the Apache Junction City Code from the City Clerk' s Office and keep such 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 Sub-Contractors within the corporate City limits, will invoke the same business tax regulations on any Sub- Contractors, and Contractor ensures its Sub-Contractors will obtain any required business tax license. 9. 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 information shall be provided to the Public Works Director or his designee in writing within five (5) working days after execution of this Agreement. 10. 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. 11. INDEMNIFICATION: Contractor shall defend indemnify and 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 Sub-Contractors 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. 12. SUB-CONTRACTORS: All Sub-Contractors chosen by Contractor will be subject to City' s approval All Sub-Contractors shall be identified by Contractor prior to award of contract. Contractor shall make no substitutions for any Sub-Contractor, person or entity previously selected without the approval of City. 13. GOVERNING LAW AND VENUE: The terms and conditions of this Agreement shall be governed by and interpreted in accordance 4 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. 14. 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 /1 P P 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 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 5 insurance policies and/or endorsements. City shall not be obligated, however, to review same or to advise Contractor of any deficiencies in such policies and endorsements, and such receipt shall not relieve Contractor from, or be deemed a waiver of City' s right to insist on strict fulfillment of Contractor' s obligations under this Agreement The insurance policies, except Workers Compensation and Professional Liability, required by this Agreement, shall name .� City, its Mayor, Council, appointees, agents, officers, officials and employees as additional insured parties. REQUIRED COVERAGE Commercial General Liability CONTRACTOR shall maintain Commercial General Liability insurance with a limit of not less than $1, 000, 000 for each occurrence with a $2, 000, 000 Products/Completed Operations Aggregate and a $2, 000, 000 General Aggregate Limit The policy shall include coverage for bodily injury, broad form property damage, personal injury, products and completed operations and blanket contractual coverage including, but not limited to, the liability assumed under the indemnification provisions of this Agreement which coverage will be at least as broad as Insurance Service Office, Inc. Policy Form CG 00011-03 or any replacement thereof. Such policy shall contain a severability of interest provision, and shall not contain a sunset provision or commutation clause, nor any provision which would serve to limit third party action over claims The Commercial General Liability additional insured endorsement shall be at least as broad as the Insurance Service Office Inc ' s Additional Insured Form CG 20101185, and shall include coverage for /1 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. 6 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 sub-contracted, Contractor will require all Sub-Contractors 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 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) 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 15. 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, 7 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 A be effected by written order and shall be binding upon City and Contractor. 16 PAYMENTS & COMPLETION: The total cost amount as outlined in the Cost Proposal of the Bid Proposal (Attachment A) includes all applicable taxes, preparation charges, if any, transportation and delivery charges fully prepaid by the Contractor to the destination specified. 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 Sub-Contractor 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 . ook 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 8 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. 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. 21. SAFETY: Except as provided herein with respect to trench excavation and traffic regulations, Contractor and/or its Sub-Contractors 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. TIME IS OF THE ESSENCE: All time limits stated in the contract documents are of the essence If Contractor is ON delayed at any time in the progress of the work by any act or neglect of City or by any employee of the City not specifically disclaimed herein, or by change orders in the work or any labor disputes, dire and unusual delay in transportation, adverse weather conditions not reasonably anticipated, unavoidable casualties, or any causes beyond the Contractor' s control or by delay caused by CITY or by any other cause which City determines may justify the delay, the contract time shall be extended by change order for such reasonable time as City may determine, except as otherwise provided for in Section 17 as noted above Any claim for extension of time shall be made in writing to the Director of Public Works not more than seven (7) calendar days after the commencement of the delay, otherwise said claim shall be waived by Contractor. In the case of a continuing delay, only one claim is necessary. Contractor shall provide an estimate of the probable effect of such delay on the progress of work. This section does not exclude the recovery of 9 eN damages for delay by either party under the provisions of the contract documents. 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 Sub-Contractor or their agents or employees, Contractor may upon OmS 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, the Drug Free Workplace Act of 1989, the Arizona Public records Act, the Conflicts of Interest law, and federal and state environmental laws and all other applicable federal, state and local laws. 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 Ask 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 Subcontractors to ensure compliance with Contractor' s Immigration Warranty. Contractor agrees to assist the City in regard to any random verifications performed. 11 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. 31 . COPERATIVE USE OF CONTRACT: The City has entered into various cooperative purchasing agreements with other Arizona government agencies, including the Strategic Alliance for Volume Expenditures "SAVE" cooperative. This contract may be extended for use by other municipalities, school districts and government agencies in the State of Arizona with the approval of the Contractor. Any such usage by other entities must be in accordance with the statutes, codes, ordinances, charter and/or procurement rules and regulations of the respective government agency. Orders placed by other agencies and payment thereof will be the sole responsibility of that agency. The City shall not be responsible for any disputes arising out of transactions made by others . 12 4016, ^ IN WITNESS WHEREOF the parties hereto have caused this Agreement to be signed by their duly authorized representative as of this day of , 2011 . SPECIALTY COMPANIES GROUP, LLC By: Print Name. 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 ATTEST: Title. APPROVED AS TO FORM: Title: 13 CITY OF APACHE JUNCTION an Arizona municipal corporation By JOHN S. INSALACO Its MAYOR ,p 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 ATTEST: Kathleen Connelly City Clerk APPROVED AS TO FORM: Richard J Stern City Attorney 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 ,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 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 theprovisions of Title 34, Chapter 2, Article p c e 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 PROJECT NO. PW 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 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 17 COST PR POSA iL;AI FATAL AND 1 ALOR TO LOBE 1N1)RAISE \LAYHHOLES A.ND\ 3L ES AT V.ARIOi S LOCATION'i 1ILROUGHOCt THE CIT`.' OE APACFLE ;UNCTION,AS\EELtE'37 PV 2011 09 i �^ PROJECT NO t t F ,,!/ ADDRESS 22.L! E` }t.. i-- 4; 4 ',i.v r i � �..,ji 4 '�. i TELEPHONE t,2 i --5 S L - 2 6- tat .2 s - i?%`i -t,<<% UNIT t ITE+tit DECCRTP1 ic),\ IQCA..nTtTl PRICF [ -t1 1 !MOi3IL1ZA-ICN;'" ! I = i 2 �LO'''ER1..A\t4O -- - '1 1 -1 t25 3 RA ,3E M' I:HOLE• I—� j 15z "- 4 LO`h'ER R'VrER N.AL.'r — _ i $ i 6s ".- 1 6 I1\Sfill_L '_RVE1 `:`_CNI.,v1E'-Nti i 1 4 "it s� 7 ;1R.i-=iC COI TRi_- 1 Iz:, - "�'' r --. _._... �� I i I "Describe unit price in Exceptions-Additions- Corrections(Exhibit=) -d ` it -. �f- S r r. e r r' i re-:_ i'rnt Name Attachment A :1 OF PpACF JGti a► � •City of �pac1 e Jtincoii z Home o/ the .S i pelf titioli AI oiintcii,Ts 1R1IOKP Print TO• City Manager's Office FROM: Hafiz Noor, Project Engineer, on behalf of Giao Pham P.E., Interim Public Works Director DATE: August 16, 2011 Agenda Type • Regular Agenda Council Priority Focus Area. Community Infrastructure TITLE OF AGENDA ITEM. Consideration of proposed Resolution No 11-39, authorizing the City of Apache Junction to enter into an intergovernmental agreement with the Arizona Department of Transportation for inspection of bridges and culverts within the city limits. ACTION REQUESTED Recommendation for Approval DISCUSSION / BACKGROUND INFORMATION: Staff respectfully requests city council's approval on Resolution No. 11-39, authorizing the City of Apache Junction to enter into an intergovernmental agreement with the Arizona Department of Transportation for inspection of bridges and culverts within the city limits The State of Arizona and the City of Apache Junction wish to promote consistent inspection methodologies throughout the state FISCAL IMPACT: OPTIONS/ALTERNATIVES: RECOMMENDATION: Recommendation for approval ATTACHMENTS: Click to download o Memo to Council L1 Resolution No. 11-39 Olt Public Works Department Home of the Superstition Mountains 4RtzONP MEMORANDUM Date. July 15, 2011 To. Mayor and Members of City Council Through George Hoffman, City Manager From• Hafiz Noor, Project Engineer, on behalf of Giao Pham, Interim Public Works Director Subject. Inter Governmental Agreement (IGA)for City Bridge Inspections The National Bridge Inspection Standards (NBIS) requires that States must inspect, or cause to be inspected, all highway bridges located on public roads, with some exceptions. The NBIS outline requirements for inspection frequency and procedures that each State must follow, including routine, in-depth, underwater and fracture critical member inspections, load rating, and scour plans of action Compliance with the NBIS is a required component in order to be eligible for Federal-Aid Highway Bridge funding. The State will cover the cost of City bridge inspections through adjusting the percentage of Federal bridge funding allocated to off-system highway bridges. The attached written agreement ("IGA /JPA 11-118 I") sets forth the financial and administrative conditions for bridge and culvert inspections. The Public Works Department is requesting City Council to approve the new Joint Project Agreement (JPA)/Intergovernmental Agreement (IGA)with ADOT. The State and the City wish to enter into an agreement whereby the City authorizes the State to perform NBIS inspections on bridges owned or controlled by the City 575 E Baseline Avenue, Apache Junction, AZ 85219 • Voice (480) 982-1055 • FAX (480)983-5752 or(480) 982-8005 RESOLUTION NO. 11-39 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 THE ARIZONA DEPARTMENT OF TRANSPORTATION FOR INSPECTION OF BRIDGES AND CULVERTS WITHIN THE CITY LIMITS. WHEREAS, 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; and WHEREAS, 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 and has authorized the undersigned to execute this Agreement on behalf of the City; and WHEREAS, by order of 23 U.S.C. 151, the Federal Highway Administration ("FHWA") in coordination with the American Association of State Highway and Transportation Officials (AASHTO) has implemented bridge inspection standards under 23 C. F.R. 650 (C) , the National Bridge Inspection Standards ("NBIS") ; and WHEREAS, the NBIS requires that State must inspect, or cause to be inspected, all highway bridges located on public roads, with some exceptions; and WHEREAS, the NBIS outlines requirements for inspection frequency and procedures that all State' s must follow, including Amok routine, in-depth, underwater and fracture critical member inspections, load rating, and scour plans of action; and WHEREAS, compliance with of the NBIS is a required component in order to be eligible for Federal-Aid Highway Bridge funding; and WHEREAS, consistent inspection methodologies throughout the State is a public goal; and RESOLUTION NO. 11-39 PAGE 1 OF 3 WHEREAS, the State will cover the cost of bridge inspections through adjusting the percentage of federal bridge funding allocated to off-system highway bridges; and WHEREAS, the State and the City wish to enter into an agreement whereby City authorizes State to perform NBIS inspections on bridges owned or controlled by the City; and omma WHEREAS, the attached written agreement ("IGA /JPA 11-118 I") sets forth the financial and administrative conditions for inspections of bridges and culverts . 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 attached intergovernmental agreement between the City of Apache Junction and the Arizona Department of Transportation "IGA /JPA 11-118 I" and the Mayor is hereby authorized to sign the agreement on behalf of the City. 2) Under the terms of IGA /JPA 11-118 I, the City will not pay for the inspections . 3) 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 JOHN S INSALACO Mayor ATTEST: KATHLEEN CONNELLY City Clerk RESOLUTION NO. 11-39 PAGE 2 OF 3 APPROVED AS TO FORM• RICHARD J. STERN City Attorney OIN RESOLUTION NO. 11-39 PAGE 3 OF 3 ADOT File No IGA/JPA 11-118 I AG Contract No P001 2011 001886 Project Bridge Inspection Section Various Locations ADOT Project No.: MAINTAGR Budget Source Item No • N/A 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 it's DEPARMENT 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 and has authorized the undersigned to execute this Agreement on behalf of the City 3 By order of 23 United States Code 151, the Federal Highway Administration (FHWA) m coordination with the American Association of State Highway and Transportation Officials (AASHTO) has implemented bridge inspection standards under 23 Code of Federal Regulations 650 subpart C, The National Bridge Inspection Standards (NB'S) The NBIS requires that State must inspect, or cause to be inspected, all highway bridges located on public roads, with some exceptions The NBIS outline requirements for inspection frequency and procedures that each State's must follow, including routine, in- depth, underwater and fracture critical member inspections, load rating, and scour plans of action Compliance with of the NBIS is a required component in order to be eligible for Federal-Aid Highway Bridge funding �. 4 A local agency has the authority to perform NBIS inspections on its Public bridges Currently, some local agencies throughout the State perform such inspections This agreement does not preclude a local agency from requesting to perform NBIS inspections on its public bridges 5 The Parties wish to promote consistent inspection methodologies throughout the State 6 The State will cover the cost of City bridge inspections through adjusting the percentage of Federal bridge funding allocated to off-system Highway Bridges 7 The State and the City wish to enter into an agreement whereby City authorizes State to perform NBIS inspections on bridges owned or controlled by the City THEREFORE, in consideration of the mutual covenants expressed herein, it is agreed as follows .ark ,p Page 2 IGA/JPA 11-118 I II DEFINITIONS NBI Inventoried Bridge A structure including supports erected over a depression or an obstruction, such as water, highway, or railway, and having a track or passageway for carrying traffic or other moving loads, and having an opening measured along the center of the roadway of more than 20 feet between undercopings of abutments or spring lines of arches, or extreme ends of openings for multiple boxes, it may also include "` multiple pipes, where the clear distance between the openings is less than half of the smaller contiguous opening. National Bridge Inspection Standards (NBIS) Federal regulations establishing requirements for Inspection procedures, frequency of inspections, qualifications of personnel, inspection reports, and preparation and maintenance of a State bridge inventory The NBIS apply to all structures defined as bridges located on all public roads Public Road, Any road under the Jurisdiction of and maintained by a public authority and open to public travel III. SCOPE OF WORK 1 The State will a Inspect NBI inventoried bridges owned by City according to the NBIS b Communicate with City on a timely basis and inform City of the start date of the bridge inspection, and offer to meet with the designated representatives of City to discuss the inspection c Forward the copies of completed bridge inspection report documents to the City in a timely manner, if other activities are undertaken by the State, forward the copies of the relevant documents generated for these tasks to the City d Record the updated Bridge Inspection data in the ADOT database and transmit annually to the FHWA e The State will not carry out any recommended maintenance or repair activities for City bridges 2 The City will a Allow and authorize the State to inspect NBI inventoried bridges owned by City according to NBIS. b Grant the State any necessary Rights of Entry or permits at no fee for the completion of the State's tasks under this Agreement c Provide the State all the necessary relevant information and documents such as copies of bridge plans, average daily traffic counts, known deficiencies of the existing structures and additions/deletions to its bridge inventory d Notify the State of all new or existing structures that may meet the NBI inventoried bridge definition Also notify the State of any NBI inventoried bridge removal, transfer, or change of ownership Page 3 IGA/JPA 11-118 I e Provide traffic control at no fee during the bridge inspections by the State when necessary f Once City performs the recommended repair work, forward the information and the completion date to the State IV. MISCELLANEOUS PROVISIONS 1 State may carry out its activities under this Agreement through consultants 2 The State will not carry out any maintenance or repair activities for local agency bridges 3 On its own discretion, City may accompany State or Consultant bridge inspection team to the bridge site and actively participate in the inspection or be an observer 4 City may obtain a second opinion at City expense whenever it does not agree with the State's findings and recommendations for bridge maintenance or repairs A second opinion shall be obtained by hiring qualified bridge inspection engineers to perform an inspection per NBIS and accepted bridge inspection procedures and practices and submit the completed bridge inspection documents to the State for review and acceptance The State will make a final recommendation 5 The Parties to this Agreement agree that neither party shall be indemnified or held harmless by the other party However, the Parties further agree that each party shall be responsible for its own negligence Neither the State, nor any of its officers, employees, or contractors shall be liable for any damage occurring to the City structure nor liability for any damages liability to third party unless the State or its officers, employees, or contractors cause the damages 6 This Agreement shall become effective upon dating and signing of a Determination Letter by the Arizona Attorney General's office 7 This Agreement is perpetual, except for the provisions for termination or cancellation in the Agreement 8 Either Party may terminate this Agreement upon thirty days written notice 9 This Agreement may be cancelled in accordance with Arizona Revised Statutes§ 38-511 10 The Parties agree to submit any disputes arising under this Agreement to binding arbitration before the American Arbitration Association, except that if there are any parties involved in the dispute other than the State and local agency, venue shall lie in Mancopa County Superior Court, Phoenix Arizona .�. Page 4 1GA/JPA 11-118 1 11 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 Director 205 S 171h Avenue, Mail Drop 637E Attn Giao N Pham, P E Phoenix, Arizona 85007 575 East Baseline Avenue (602) 712-7124 Apache Junction, Arizona 85119 (602) 712-3132 Fax (480) 982-1055 (480) 982-8005 Fax Finance Director Attn Donna Memerts 300 E Superstition Blvd Apache Junction, Arizona 85119 (480)474-5451 dmeinerts@ajcity net 12 This Agreement is subject to all applicable provisions of the Americans with Disability 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" 13 Non-Availability of Funds Fulfillment of the obligation of the State under this Agreement is conditioned upon the availability of funds appropriated or allocated for the performance 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 14 The City and the State warrant compliance with the Federal Funding Accountability and Transparency Act of 2006 and associated 2008 Amendment(the"Act") Additionally, in a timely manner, the City will provide information that is requested by the State to enable the State to comply with the requirement of the Act, as may be applicable 15 The Compliance requirements for Arizona Revised Statutes§41-4401—immigration laws and E-Verify requirement a The City warrants compliance with all Federal immigration laws and regulations relating to employees and warrants its compliance with Section A R S 23-214, Subsection A b A breach of a warranty regarding compliance with immigration laws and regulations shall be deemed a material breach of the contract, and the City may be subject to penalties up to and including termination of the Agreement c The State retains the legal right to inspect the papers of any employee who works on the Project to ensure that the City or subcontractor is complying with the warranty under paragraph (a) 16 Pursuant to A R S Sections 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 A R S Section 35-391 or and 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 Page 5 IGA/JPA 11-118 I 17 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 Deputy State Engineer, Development ATTEST By KATHY CONNELLY City Clerk IGA/JPA 11-118 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 A R S § 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. DATED this day of , 2011 City Attorney 04 Pp ACHE vo r. E,-Z of City puc je Junction Home o/ the .S r pei:ciition Mountains 4101zot* Print TO City Manager's Office FROM: Bryant Powell, Assistant City Manager DATE: August 16, 2011 Adak Agenda Type : Regular Agenda Council Priority Focus Area: Required by Federal Law or State Statute TITLE OF AGENDA ITEM: Consideration of proposed Resolution No 11-17, establishing the salary equivalency for the city's volunteer reserve police officers for use in calculation of workers' compensation coverage and identifies the number of these volunteers eligible for coverage. ACTION REQUESTED DISCUSSION / BACKGROUND INFORMATION. The Arizona Municipal Risk Retention Pool has recently advised that statutory guidelines require premiums for workers' compensation benefits for city volunteers be calculated differently than premiums for volunteer reserve police officers previously covered under Resolution Nos 06-30 and 09-41 Resolution No. 11-17 establishes the salary equivalency for the city's volunteer reserve police officers for use in calculation of workers' compensation coverage. Resolution No. 11-17 also identifies the number of volunteer reserve police officers eligible for coverage by the city. FISCAL IMPACT: OPTIONS/ALTERNATIVES: RECOMMENDATION: ATTACHMENTS. Click to download 13 Resolution No. 11 17 RESOLUTION NO. 11-17 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, ESTABLISHING A SALARY EQUIVALENT FOR PURPOSE OF COMPUTING WORKERS' COMPENSATION INSURANCE PREMIUMS AND COMPENSATION BENEFITS FOR VOLUNTEER RESERVE POLICE OFFICERS AND THE NUMBER OF OFFICERS ENTITLED TO SUCH BENEFITS. WHEREAS, on July 18, 2006, the Mayor and City Council adopted Resolution No. 06-30, which, pursuant to A.R.S. § 23- 901 . 06, established workers' compensation benefits for unpaid volunteers in the Police Department who perform law enforcement support services through its auxiliary volunteer program, as well as its victim assistance and animal control division general support functions; and WHEREAS, on August 19, 2009, the Mayor and City Council passed and adopted Resolution No. 09-41, which increased to 100 the number of police volunteers who could be covered under workers' compensation insurance, from 45 as originally approved and adopted in Resolution No. 06-30, and WHEREAS, the Arizona Municipal Risk Retention Pool has recently advised that statutory guidelines require premiums for workers' compensation benefits for volunteer reserve police officers are calculated differently than premiums for benefits for other City volunteer workers previously covered under Resolution Nos . 06-30 and 09-41; and WHEREAS, pursuant to A R.S. § 23-901 (d) , the governing body of a city shall establish a salary equivalency for workers' compensation, premium payments and compensation benefits for volunteer reserve police officers serving on a full-time or part-time basis without pay, equal to the beginning salary of the same rank or grade in full-time paid service. NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council of the City of Apache Junction as follows : SECTION 1 - SALARY EQUIVALENCY: That the salary equivalent for reserve police officers is $3, 807 per month for the purposes of premium payments and compensation RESOLUTION NO. 11-17 PAGE 1 OF 2 benefits under the workers' compensation provision of A.R. S. § 23-901 (d) . SECTION 2 - NUMBER OF ELIGIBLE OFFICERS : That the number of volunteer reserve police officers eligible for workers' compensation coverage is 5 . 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 JOHN S INSALACO Mayor ATTEST: KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM. RICHARD J. STERN City Attorney Amik RESOLUTION NO. 11-17 PAGE 2 OF 2 PP ACHE✓�, Auk y`'- City of/pache Junction (v z Home of the .Supel;i/ltion 211ouniains 4R1zONf+ Print TO: City Manager's Office FROM: Bryant Powell, Assistant City Manager DATE: August 16, 2011 Agenda Type : Regular Agenda Council Priority Focus Area. TITLE OF AGENDA ITEM. Consideration of proposed Resolution No 11-18, establishing the salary equivalency and total number of public safety volunteers eligible for workers' compensation coverage. ACTION REQUESTED. DISCUSSION / BACKGROUND INFORMATION. The Arizona Municipal Risk Retention Pool has recently advised that statutory guidelines require premiums for workers' compensation benefits for city volunteers be calculated differently than premiums for volunteer reserve police officers previously covered under Resolution Nos. 06-30 and 09-41. Resolution No 11-18 establishes the salary equivalency for the city's volunteers that perform law enforcement support services through victim assistance programs, auxiliary patrol and the animal control division of the Apache Junction Police Department Resolution No. 11-18 also identifies the number of these volunteer eligible for coverage by the city FISCAL IMPACT: OPTIONS/ALTERNATIVES: RECOMMENDATION: ATTACHMENTS: Click to download L] Resolution No 11-18 RESOLUTION NO. 11-18 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, ESTABLISHING A SALARY EQUIVALENT FOR PURPOSE OF COMPUTING WORKERS' COMPENSATION INSURANCE PREMIUMS AND COMPENSATION BENEFITS FOR CITY VOLUNTEERS AND THE NUMBER OF VOLUNTEERS ENTITLED TO SUCH BENEFITS ,,.*, WHEREAS, on July 18, 2006, the Mayor and City Council adopted Resolution No. 06-30, which established workers' compensation benefits pursuant to A.R.S. § 23-901 . 06, for unpaid city volunteers in the Police Department, who perform law enforcement support services through its auxiliary volunteer program, as well as through its victim assistance and animal control division general support functions; and WHEREAS, on August 19, 2009, the Mayor and City Council passed and adopted Resolution No. 09-41, which increased to 100 the number of police volunteers who could be covered under workers' compensation insurance, from 45 as originally approved and adopted in Resolution No. 06-30; and WHEREAS, the Arizona Municipal Risk Retention Pool has recently advised that statutory guidelines require premiums for workers' compensation benefits for city volunteers be calculated differently than premiums for volunteer reserve police officers previously covered under Resolution Nos . 06-30 and 09-41; and WHEREAS, pursuant to A R. S § 23-901 . 06, city volunteers may be deemed to be employees and entitled to the workers' compensation benefits upon the passage of a resolution or ordinance defining the nature and type of volunteer work and number of workers entitled to such benefits . NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council of the City of Apache Junction as follows : SECTION 1 - SALARY EQUIVALENCY: That the basis for computing compensation benefits and premium payments for city volunteers under A.R. S . § 23-901 . 06 shall be Four Hundred Dollars and No Cents ($400 . 00) per month divided by RESOLUTION NO 11-18 PAGE 1 OF 2 100 times an industry-wide multiplier determined by the Arizona Municipal Risk Retention Pool . SECTION 2 - NUMBER OF ELIGIBLE VOLUNTEERS : That the number of city volunteers eligible for workers' compensation coverage is 95 as long as these volunteers perform law enforcement support services provided through victim assistance programs, auxiliary patrol and the animal control division of the Apache Junction Police Department. 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 . JOHN S . INSALACO Mayor ATTEST: KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM: RICHARD J STERN City Attorney RESOLUTION NO. 11-18 PAGE 2 OF 2 PpACHf✓G ^ Ink 4-0 °z City of Apache Junctio n 6 Home of the .Supct:itition Mountains Print TO: City Manager's Office FROM: Captain Arnold Freeman DATE: August 16, 2011 Agenda Type : Regular Agenda Council Priority Focus Area: Public Safety TITLE OF AGENDA ITEM: Consideration and PD 2011-01, award of bid to Victory Motorcycles, in an amount not to exceed $52,832 76 ACTION REQUESTED: Recommendation for Approval DISCUSSION / BACKGROUND INFORMATION: Three bids were received from two separate vendors in response to the solicitation Staff respectfully requests council approval and award of this bid to Victory Motorcycles, in the amount of$52,832.76 for police motorcycles. FISCAL IMPACT: OPTIONS/ALTERNATIVES: RECOMMENDATION: ATTACHMENTS Click to download t] Project PD 2011-01 Police Motorcycles ppCHE pitv �pOLICE��_ O Y »_3 i Project PD - 2011 - 01 Police Enforcement Motorcycles Arnold Freeman Division Commander, Patrol i M P�'ACHFv k� Project PD — 2011 - 01 ----ear s , �;t��q,�� Z .._-7Rf2Ul1 t4 Police Enforcement Motorcycles 0p4RTo� 4RfZONP Presentation Objectives: Presentation/discussion on procurement of two (2) police motorcycles Discussion on available funding source Overview of bids received Comparison of bids and specs Staff recommendation of award Project PD - 2011 - 01 -tto",21,1 VOW zr1 ice' ,.: ` Police Enforcement Motorcycles ' '4Rrzo ARS 28-3511 Allows for LE Agencies to collect a $150 hearing fee per tow for administration of the 3511 enforcement program. Funds collected from this program are use-limited to traffic enforcement and administration of the 3511 program. AJPD Traffic Officers are tasked with the direct administration of the AJPD 3511 program. 3511 Funds will be used to fund this project 100%. 1 NF O� PPA d 2 ? pOLIC k Project PD - 2011 - 01 -1!ziar. t,„,„., H.414Hlt:4..t,,,:: LHf A..72,..fiv,, 6 , z L Police Enforcement Motorcycles '1RIZON Bids Received : i * RFP was generated with assistance from Al legal department, submitted to Clerk Connelly's Office, Invitation for bids advertised * Bid opening held at 10:00 hours, Tuesday, July 19, 2011; AJ City Clerk Following bids were received : 1) Victory Motorcycles $52, 832.76 2) Harley Davidson Motorcycles $55,053.42 3) Victory Motorcycles $58,396.86 (additional emergency lighting and officer safety - comfort options) cOplii- o- ProjectPD - 2011 - 01 I t ° ti i440 �%` AL.= - Police Enforcement Motorcycles �....r .1,,,. 40,z014 Victory Commander 1 * * * * * I * * * * * * * * * * * * * * * * * * * * * ��,• \_AIM 111111111111116.4k-"" *, % • Illpt wow .birw: _ 10 '..) it--- ,.. r: POLICE i v."- / 4, , ' 1 r j ,..,iti \, - 1 r b - _ .,, . / ) . ---, ... s. tiro i ,It. A I 1 4• 5 ppC HF 41 POLIC E . '4 ,. Project V p..F;Z 4 Ri2DO 4ei44� . `�� �Police Enforcement Motorcycles „ gRlZovl Harley — Davidson Electra Glide J j ;• 1 PC)LIC•F 1 ' -�i 0 1_ rut • ` . . Y4. `5:.'.-: \ 4 . ' im` '�• A- i_l.lfr_- I.l,.i ..___.N_c. ....,,.....,, , '.it‘k .xf e...; ,„.o-..m..4 m:le t i ... M Imo4w"1".'.N;' .-.I7,;. =?CRC PppCHF J pOLI o Project PD - 2011 - 01 ,-wk....., - --rari N �!.k... Z R120'D /' ` - Police Enforcement Motorcycles ` r" , Bid Comparison ) Spec Synopsis Bid Item Victory Motorcycle Harley — Davidson Power Unit Met Met Fuel Capacity Met Met Emergency Lights Met Met Fuel Gauge Met Met Top Box (lnt/Exh Fans)- sm Met Not Met Dual Battery & Tender- sm Met Not Met Brakes Met Met Heel/Toe Shift Met Met Color Scheme Met Met s = safety item m = maintenance item i 1 PpA�HE✓ ip U .N'POLICE , , ,_. -2,_ Project PD - 2011 - 01 � �� ° .: , ' . ..L..1.. 4/prz, ,N,Av..... Ro i Police Enforcement Motorcycles--� y es 4RIZOWs' Bid Comparison ) Exceptional Additions Bid Spec Synopsis Bid Item Victory Motorcycle Harley — Davidson Kick Stand Addition Addition Foot Boards Addition Addition Steel Floor skids - m Addition Exception Engine Guards - s Addition Exception Heavy Saddlebag Guards — s Addition Exception Siren/controls Addition Addition Drive/Belt drive Addition Addition Chrome/Dual Exhaust Met Addition Addition Fairing/Windshield Addition Addition 60 Month Warranty - m Addition Exception Steel Skid plate - s Addition Exception M4 Saddlebag - s Addition Exception 2-Day Mechanic Train - m Addition Exception s = safety item m = maintenance item P pN� C ; P �G2 � _ — Project PD - 2011 - 01 L 4,a i y, Police Enforcement Motorcycles ATotp4, 'i Rfz0- Comparison Chart HARLEY DAVIDSON VICTORY COMMANDER ELECTRA GLIDE AMERICAN MADE YES YES Assembly Arizona (Police Bike) WI, NY ENGINE DISPLACEMENT 106 (1731cc) 103 (1690 cc) COOLING SYSTEM AIR/OIL AIR OIL CAPACITY 5.0 qts 4 qts MAXIMUM TORQUE LOWEST RPM REQUIRED 113 FT LBS 2700 rpm _ 102 ft lbs 3500 rpm FULL PROTECTION SKID PLATE YES NO DUAL BATTERY YES — ISOLATED NO BATTERY Two (2) -12v 18 amp/hour 12v 28 amp/hour SINGLE DRAIN SERVICE POINT YES NO SERVICE INTERVALS THEN EVERY 1ST - 500 5000 1ST - 1000 5000 4 a'1 1110i,k r ect PD — 2011 - 01 t"w 2:72 o 3� . ,tir %co Police Enforcement Motorcycles { • Comparison Chart BRAKES VICTORY HARLEY FRONT BRAKES Dual Floating ABS Dual Solid ABS 60-0 MPH BRAKING** 121 ft. 131 ft. MISC. WARRANTY 5 year unlimited 2 year unlimited SELF PERFORMED WARRANTY YES Years 2-5 NO PRE-PAID MAINTENANCE YES NO SADDLE BAG 21 gallon - TOP 14.88 gallon - TOP TIP OVER PROTECTION YES NO AVERAGE MILES PER GALLON** 42 36 0-60 TIMES & TOP SPEED 3.9 SEC - 123 MPH 5 52 SEC - 105 MPH CARRIES M4 CONCEALED YES NO REUSABLE AIR CLEANER YES NO PACHEa � .k p0l.ICE10k PD - 2011 - 01 -` - Police Enforcement Motorcycles ,IA d M CtE gRrzoNP Victory Motorcycle - Key Benefits Officer Safety 1) Solid Steel Engine Guards 2) Steel Skid Plates 3) M4 Saddlebag w/heavy duty bag guards 4) Top Box with intake/exhaust fans 5) Dual Batteries and Tenders � w ppACHF r 4OLl " 11 it Project PD - 2011 - 01 � �s. F�: 3� • Oq U _" z %,a Police Enforcement Motorcycles H1Z0NP Victory Motorcycle - Key Benefits ► Maintenance & Cost Savings 1) 60 month unlimited mile warranty 2) All service & maintenance covered, excepting tires and fuel 3) Services on demand 4) Two (2) day mechanic training, Factory Certified 5) Self - performed warranty work (years 2-5) paid @ $75.00 per hour 6) Top Box with intake/exhaust fans 7) Dual Batteries and Tenders 4 PppCHF 2 �p�LICi��q �� Project ect PD — 2011 - 01 �� °? • 'S'4R1 ...z 4* Police Enforcement Motorcycles _. 4 rl ZOO- Staff Recommendation Based upon the comparison of bids received and product offered, staff recommends approval to purchase two (2) Victory Police Commander 1 motorcycles totaling: $52,832.76 utilizing funds from the 3511 program Pp AC HE de/ Amok Amok 01/4 yno City of ache Junction Home of the .ruper-,Yitiofr :llountain.,- 4PizoNF Print TO: City Manager's Office FROM: Jerald L. Monahan, Chief of Police DATE: August 16, 2011 Agenda Type : Regular Agenda Council Priority Focus Area: Public Safety TITLE OF AGENDA ITEM: Consideration of proposed Resolution No 11-40 authorizing the re-submission of the grant application to the Bureau of Justice Assistance Fiscal Year 2011 Byrne Memorial Justice Assistance Grant (JAG) ACTION REQUESTED: Recommendation for Approval DISCUSSION / BACKGROUND INFORMATION. Staff respectfully requests the adoption of Resolution No. 11-40 which would authorize the re-submission of the grant application ($12,566) to obtain electronic ticketing equipment, related software and overtime for the administration of the grant. The total cost of the project is $12,566.00. No matching funds are required for this application. FISCAL IMPACT: Budgetary Approval Not Required OPTIONS/ALTERNATIVES: RECOMMENDATION. Council has the following options 1. Approve the re-submission as presented 2 Not approve the re-submission as presented. ATTACHMENTS: Click to download ❑ Staff Report t] Resolution 11-40 ❑ Protect Budget p Pp pCFi- F GZ O City of Apache Junction 41:11;°4° Department of Public Safety MEMORANDUM DATE: August 16, 2011 TO: The Honorable Mayor and City Council THROUGH: George Hoffman, City Manager FROM: Jerald Monahan, Director of Public Safety/Chief of Police SUBJECT: Bureau of Justice Assistance Fiscal Year 2011 Edward Byrne Memorial Justice Assistance Grant (JAG) Application REQUEST Staff respectfully requests the City Council to adopt Resolution 11-40 authorizing the submission of a revised Bureau of Justice Assistance ("BJA") Fiscal Year 2011 Edward Byrne Memorial Justice Assistance Grant ("JAG") application The Resolution stipulates that the City is applying for $12,566.00 to obtain electronic ticketing equipment ("E-Ticket") and related software for use by the Police Department's Patrol Division The additional amount also include overtime for the administration of the grant. The total cost of the project is $12,566 00 Last, the Resolution stipulates that the Mayor and City Council have approved the submission of the project for funding and that the City Manager, or his designee, has been appointed to conduct all negotiations and to execute and submit all necessary documents See Attachment 1 for a copy of the Resolution The resolution is a mandated portion of the application BACKGROUND The Department of Justice makes Edward Byrne Memorial Justice Assistance Grant funds available to states and local governments based on the state's population, the state's Part 1 violent crime rate, and the state's crime expenditure Based on these calculations, the City of Apache Junction was awarded $12,566. These funds can be used for a number purposes including supporting local law enforcement programs and agencies. Local governments can use the funds "to support a broad range of activities to prevent and control crime based on their local needs and conditions " Page 1 of 2 During its July 5, 2011 meeting, the City Council adopted Resolution No 11-34 authorizing the submission of a grant application in the amount of $11,750 The application was submitted along with the Resolution on July 14, 2011. Subsequently, the Department of Justice contacted the Police Department and directed City staff to resubmit the City's grant application in the amount of $12, 566. If adopted, Resolution No. 11-40 would supersede Resolution No 11-34 and would be included with the City's re-submission of its grant application Resolution No 11-40 is a required component of the City's application. DISCUSSION After reviewing Byrne JAG guidelines and current Departmental needs, the Command Staff at the Police Department decided that the funds could best be used to purchase an additional two (2) electronic ticketing units. In the past two years, seven (7) electronic ticketing devises were obtained with both American Recovery and Reinvestment Act of 2009 ("ARRA") funds and Edward Byrne Memorial Justice Assistance Grant funds Four (4) units are being utilized by the Motor Units and three (3) are utilized by patrol shift officers Utilization of the E-Ticket equipment. 1) Reduces an officer's risk by decreasing contact time 2) Encourages correct Arizona statute charging resulting in fewer amendments having to be filed by court personnel 3) Reduces incorrect/incomplete citations resulting in fewer amendments having to be filed by court personnel 4) Eliminate illegible handwriting 5) Reduces the use of paper ticket books which use multiple copies per ticket 6) Eliminates the need for manual entry by Records personnel 7) Eliminates the need for manual entry by Court personnel The E-Ticket units have enhanced traffic enforcement capability in addition to saving time and money to the taxpayers of Apache Junction The enhancement resulted in reduced frustration between Court personnel, Police personnel, and Records personnel with regards to incorrect and illegible citations. The project must be completed by September 30, 2014. See Attachment 2 for the Project Budget. RECOMMENDATION Staff respectfully recommends that Council approve Resolution Number 11-40. ACTION REQUIRED Adoption of Resolution Number 11-40 and direction to staff to implement. Attachment 1 Resolution Number 11-40 Attachment 2 Project Budget Page 2 of 2 Attachment 1 RESOLUTION NO. 11-40 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, APPROVING SUBMISSION OF A REVISED PROPOSAL FOR EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT ("JAG") PROGRAM (FY 2011) FUNDS, AND APPOINTING THE CITY MANAGER, OR HIS DESIGNEE, TO CONDUCT ALL NEGOTIATIONS AND EXECUTE ALL RELATED DOCUMENTS ASSOCIATED WITH THE SUBMITTAL WHEREAS, on July 5, 2011, the Mayor and City Council approved Resolution 11-34 which authorized the City of Apache Junction' s Department of Public Safety to apply for the U. S . Department of Justice' s Edward Byrne Memorial Justice Assistance Program ("JAG") grant in the amount of $11, 750 . 00; and WHEREAS, the Department of Justice has since requested that the City of Apache Junction Department of Public Safety resubmit the application for the total allocated amount of $12, 566. 00 . NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council of the City of Apache Junction, Arizona, as follows . 1) That approval of the submission of the revised proposal is authorized. 2) That the Apache Junction City Manager, or his designee, is appointed agent for the City of Apache' Junction to conduct all negotiations and to execute and submit all documents and any other necessary or critical instruments in connection with such submittal . 3) The Apache Junction City Manager, or his designee, is authorized to sign an application for receipt and use of these funds in an amount of $12, 566 00 for the acquisition of two (2) electronic ticketing units, related software, supplies and overtime for administration of the grant . 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 . JOHN S INSALACO Mayor RESOLUTION NO. 11-40 PAGE 1 OF 2 /IN Attachment 1 ATTEST. KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM. RICHARD J. STERN City Attorney 014 RESOLUTION NO. 11-40 PAGE 2 OF 2 Attachment 2: Budget Narrative I. Revenue FY 2011 Byrne JAG Grant 12,566 00 TOTAL $12,566.00 II. Expenditure: Equipment Acquisition Description Model Quantity Unit Cost Extended Cost EQUIPMENT 9,753.44 Pocket Citation -- 2 1,199.00 2,398.00 Intermec CN3 2 2,240 00 4,480 00 Intermec reader CN3 2 225 00 450 00 Printer Zebra RW420 2 774.00 1,548.00 Equipment Subtotal 8,876.00 Sales Tax 749 84 Shipping and handling 127.60 Equipment Total 9,753 44 SUPPLIES 792.00 Thermal paper Zebra RW420 8 99.00 792.00 CONTRACTS 1,667.00 Extended Warranties 1 Handheld unit 2 303.00 606.00 2. Printer 2 231 00 462 00 Warranties Total 1,068.00 Software 1 Annual Maintenance 500 00 2. Project Management 99 00 Software Total 599 00 OVERTIME 353.56 Administrative Overtime 12 5 hrs 353 56 TOTAL $12,566.00 Page 1 of 3 Attachment 2: Budget Narrative r r M ive,Suite 204 Deerfield d30B00`600 Fairway r Florida 33441 Proposal 964-354-3001(Fax) ADVANCED PUBLIC SAFETY www.aps.us Date 6/8/2011 A Trimble Company Agency Details Contact: Captain Arnold Freeman Order No' 0067000000MEnyR Agency Name. Apache Junction Police Department Contact Name. David Kennedy Address 300 East Superstition Blvd. (954)354-3000 x244 City,State&Zip' Apache Junction AZ 85119 dkennedy%aps.us QTY PRODUCT NAME PRODUCT DESCRIPTION UNIT PRICE TOTAL PRICE 2 PocketCitation Electronic traffic citation for handheld device $1 199 00 $2,398.00 2 Intermec CN3 Handheld CN3 Handheld BT&802.11 b/g 2D Imager, $2,240.00 $4,480.00 Bundle w/Bluetooth& QWERTY Keypad No VWVAN Ext Battery 802 11 b/g,2D Imager, USB Cradle,Line Cord 110 Volt PS USB QWERTY Keypad Cable 2 I ntermec CN3 Magstripe 3-Track Magstripe Reader for the I ntermec CN3 $225.00 $450.00 Reader 2 Intermec CN3 Extended Intermec CN3 Extended Warranty 3 Year $303.00 $606.00 Warranty 3 Year Bronze Bronze Medallion Complete Comprehensive Medallion Complete Service Plan with 5-day turnaround time. 2 Zebra RW420 Extended No Hassle Warranty covering all the labor and $231 00 $462.00 Warranty 3 Year Care parts required to keep printer operating at high Advantage w/ performance levels. All Zebra equipment Comprehensive returned for service under this agreement will receive a complete preventative maintenance procedure and will be returned at no additional cost 2 Zebra RW420 Printer w/ Zebra RW420 thermal printer with Bluetooth $774.00 $1 548.00 Bluetooth(110-volt Power Supply) 4 Thermal Paper Case Case(36 rolls)of Top Coated High-Quality $99.00 $396.00 (Zebra QL/RW420)4" Paper Rolls(80) wide rolls 1 Annual Maintenance Annual Maintenance $500.00 $500.00 1 Project Management Dedicated Project Manager $99.00 $99.00 1 Shipping&Handling Shipping&Handling $61 00 $61 00 NET TOTAL(USD)511,000.00 Terms and Conditions All Customer purchase orders for APS products and services are subject to APS'End User License Agreement and Terms and Conditions of Sale,which can be viewed at http://www.aps us/downloads/agreement.pdf Such terms,along with any additional terms and conditions agreed to and accepted by APS in Customer's purchase order or otherwise stipulated in writing,shall prevail over any differing or conflicting terms in this Proposal Payment Terms for add on orders are Ship&Invoice. Page 2 of 3 Attachment 2: Budget Narrative • 500 Fairway Drive,Suite 204 Deerfield Beach,Florida 33441 Prop o s a I ^ 954-354-3000(Main) 954 354-3001(Fax) ADVANCED PUBLIC SAFETY WWW.aps.us Date 7128l2011 A Trimble Company Agency Details Contact. Captain Arnold Freeman Order No• 0067000000MbZFY Agency Name: Apache Junction Police Department Contact Name David Kennedy Address 300 East Superstition Blvd. (954)354-3000 x244 City,State&Zip Apache Junction,AZ 85119 dkennedy@aps.us QTY PRODUCT NAME PRODUCT DESCRIPTION MISCELLANEOUS UNIT PRICE TOTAL PRICE 4 Thermal Paper Case Case(36 rolls)of Top Coated $99.00 $396.00 (Zebra QURW420)4" High-Quality Paper Rolls(80') wide rolls 1 Shipping&Handling Shipping&Handling $66.60 $66.60 NET TOTAL(USD)$462.60 Notes Pricing is guaranteed 90 days from date of proposal Terms and Conditions All Customer purchase orders for APS products and services are subject to APS'End User License Agreement and Terms and Conditions of Sale,which can be viewed at http:dwww.aps.usfdownloadslagreementpdf Such terms,along with any additional terms and conditions agreed to and accepted by APS in Customer's purchase order or otherwise stipulated in writing,shall prevail over any differing or conflicting terms in this Proposal Payment Terms are Ship&Invoice 0.111111 Page 3 of 3 ROLL CALL VOTE NOTES: ''iP , A,k) J-, V7) ITEM # A MEETING OF (g Id it 1 'X MOTION BY: ,' SECONDED BY: 6-1)! YES NO ABSTAINED COUNCILMEMBER SERDY J VICE MAYOR DIETZ j COUNCILMEMBER SMITHSON V COUNCILMEMBER WILSON J COUNCILMEMBER COLEMAN l it COUNCILMEMBER BARKER t/ MAYOR INSALACO UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL i �► CONSENT AGENDA ITEMS NO. 1-11 I MOVE THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED; AND THAT THE AWARD OF BID FOR PW 2011-08, PRE-COATED CHIPS, BE AWARDED TO MESA MATERIALS, INC. IN THE AMOUNT OF $47 87 PER TON; AND THAT AUTHORITY BE GIVEN FOR THE MAYOR TO SIGN THE CONTRACT PENDING APPROVAL AS TO FINAL FORM BY THE CITY ATTORNEY, AND THAT THE AWARD OF BID FOR PW 2011-07, PAVING MATERIALS, BE AWARDED TO MESA MATERIALS, INC FOR 12 5 MM 5 1% AC SUPERPAVE AT $65.20 PER TON, 19 MM 4.8%AC SUPERPAVE AT $61.63 PER TON, 119 MM 5 0%AC EVAC AT $65 20 PER TON, AND COLD MIX AT $99 60 PER TON; AND THAT AUTHORITY BE GIVEN TO THE MAYOR TO SIGN THE CONTRACT PENDING APPROVAL AS TO FINAL FORM BY THE CITY ATTORNEY, AND THAT THE AWARD OF BID FOR PW 2011-12, SLURRY SEAL PROJECT, BE AWARDED TO BE AWARDED TO SOUTHWEST SLURRY SEAL THROUGH PINAL COUNTY COOPERATIVE CONTRACT#EC09-002 IN THE AMOUNT OF $110,467.00 PLUS 10% CONTINGENCY IN THE AMOUNT OF $11,046.70 FOR UNFORESEEN CHANGE ORDERS, FOR A TOTAL AMOUNT NOT TO EXCEED $121,513 70; AND THAT AUTHORIZATION BE GIVEN FOR THE MAYOR TO SIGN THE CONTRACT PENDING APPROVAL AS TO FINAL FORM BY THE CITY ATTORNEY; AND THAT THE AWARD OF BID FOR PW 2011-09, MATERIAL AND LABOR TO LOWER AND RAISE MANHOLES AND VALVES AT VARIOUS LOCATIONS AROUND THE CITY, BE AWARDED TO SPECIALTY COMPANIES GROUP, LLC IN THE AMOUNT OF $250 00 PER MOBILIZATION, $125 00 TO LOWER ONE MANHOLE, $250 00 TO RAISE ONE MANHOLE, $125 00 TO LOWER ONE WATER VALVE, $225.00 TO RAISE ONE WATER VALVE, AND $75.00 TO INSTALL ONE SURVEY MONUMENT, AND THAT AUTHORIZATION BE GIVEN FOR THE MAYOR TO SIGN THE CONTRACT PENDING APPROVAL AS TO FINAL FORM BY THE CITY ATTORNEY, AND THAT RESOLUTION NO 11-39, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA, AUTHORIZING THE CITY TO ENTER INTO AN INTERGOVERNMENAL AGREEMENT WITH THE ARIZONA DEPARTMENT OF TRANSPORATION FOR INSPECTION OF BRIDGES AND CULVERTS WITHIN THE CITY LIMITS, BE APPROVED; AND THAT RESOLUTION NO 11-17, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA, ESTABLISHING A SALARY EQUIVALENT FOR PURPOSE OF COMPUTING WORKERS' COMPENSATION INSURANCE PREMIUMS AND COMPENSATION BENEFITS FOR VOLUNTEEER RESERVE POLICE OFFICERS AND THE NUMBER OF OFFICERS ENTITLED TO SUCH BENEFITS, BE APPROVED; AND THAT RESOLUTION NO 11-18, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA, ESTABLISHING A SALARY EQUIVALENT FOR PURPOSE OF COMPUTING WORKERS' COMPENSATION INSURANCE PREMIUMS AND COMPENSATION BENEFITS FOR CITY VOLUNTEERS AND THE NUMBER OF VOLUNTEERS ENTITLED TO SUCH BENEFITS, BE APPROVED; AND THAT THE AWARD OF BID FOR PD 2011-01, POLICE MOTORCYCLES, BE AWARDED TO VICTORY MOTORCYCLES IN THE AMOUNT OF $52,832.76, AND THAT RESOLUTION NO. 11-40, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, APPROVING SUBMISSION OF A REVISED PROPOSAL FOR EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT ("JAG") PROGRAM (FY 2011) FUNDS; AND APPOINTING THE CITY MANAGER OR HIS DESIGNEE TO CONDUCT ALL NEGOTIATIONS AND EXECUTE ALL RELATED DOCUMENTS ASSOCIATED WITH THE SUBMITTAL, BE APPROVED. Al ilk Pp AC FIE �" yno CIO o,f Ap ache Junction z Home of the .S upeivitiol1 7 I oiiniaiii.l gRlIO��' Print TO: City Manager's Office FROM: George Hoffman, City Manager DATE: August 16, 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 PROPOSED RESOLUTION NO. 11-14, DECLARING PORTIONS OF PUBLIC ROADWAY EASEMENTS LOCATED ON THIRD AVENUE BETWEEN WAGONWHEEL AND GOLDFIELD ARE NO LONGER NECESSARY FOR PUBLIC USE 2. Will INTERIM PUBLIC WORKS DIRECTOR GIAO PHAM 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. k Pg ACHE vo Ci z ty of Apache Junction Home of the ,ru er:,•titian Al ornrtai>r.t 1P1ZOS>) Print TO: City Manager's Office FROM Giao Pham, P.E., Interim Public Works Director DATE: August 16, 2011 Agenda Type Regular Agenda Council Priority Focus Area: Community Development TITLE OF AGENDA ITEM: PROPOSED RESOLUTION NO 11-14, DECLARING THAT PORTIONS OF PUBLIC ROADWAY EASEMENTS LOCATED ON THIRD AVENUE BETWEEN GOLDFIELD ROAD AND WAGONWHEEL ROAD ARE NO LONGER NECESSARY FOR PUBLIC USE. ACTION REQUESTED: Recommendation for Approval DISCUSSION / BACKGROUND INFORMATION: Staff respectfully requests city council's approval on an extinguishment of roadway easements on Third Avenue between Goldfield Road and Wagonwheel Road has been requested by the adjacent property owners, who desire the use of these areas for setbacks Staff has reviewed the submittal and has no technical objections since the use of the federally patent easement is not feasible or needed Resolution No 11-14 extinguishes the above-noted easements for public roadway and right-of-way purposes FISCAL IMPACT OPTIONS/ALTERNATIVES. RECOMMENDATION• Recommendation for approval ATTACHMENTS: Click to download ❑ Memo to Council ❑ Resolution No. 11-14 P?PCHE U4, Public Works Department Z Home of the Superstition Mountains Ifilzov‘p' Date. July 21, 2011 To. Honorable Mayor and Members of the City Council Through* George Hoffman, City Manager From Giao Pham P E , Interim Public Works Director Subject. Extinguishment of Federal Patent Easement on Third Ave. Between Wagonwheel Rd and Goldfield Rd Proposed Resolution No 11-14 Federal Patent Easements (FPEs) are a means whereby property is accessed by our citizens in portions of Apache Junction. FPEs were established as a means to provide public roadway access to Federal Patent parcels, and to mitigate the need of local government to acquire right-of-way to provide access to otherwise landlocked parcels FPEs are typically a total of 66 feet in width with 33 feet on each side of a common parcel lines. Third Ave between Wagonwheel Rd. and Goldfield Rd has never been opened or maintained by the City for public use. The roadway is classified as a local roadway. In addition, the FPE does not provide public access to any landlocked parcels and adequate access to public rights- of-way would be available. Area transportation would not be adversely affected Michael J Schmidt filed an application for the extinguishment on Third Ave. between Wagonwheel Rd and Goldfield Rd The application included a support petition signed by Philip L Hild the adjacent property owner, who also desires the extinguishment The property owners desire the use of the 33 feet for reduction of setbacks and feel that additional roads are unnecessary at that location p 575 E Baseline Avenue, Apache Junction, AZ 85119 • Voice (480)982-1055 • Fax (480)982 8005 RESOLUTION NO. 11-14 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, DECLARING THAT PORTIONS OF PUBLIC ROADWAY EASEMENTS LOCATED ON THIRD AVENUE FROM WAGONWHEEL ROAD TO GOLDFIELD ROAD AND DESCRIBED IN EXTINGUISHMENT CASE EX-11-14 ARE NO LONGER NECESSARY FOR PUBLIC USE AS PUBLIC ROADWAY EASEMENTS AND ARE HEREBY p EXTINGUISHED AS PRESENT AND FUTURE PUBLIC RIGHTS-OF-WAY. WHEREAS, the City of Apache Junction upon incorporation became the holder of easements as described in Docket 177, page 368 and Docket 207, page 341, and on March 15, 2011 the fee simple owners of the property, Michael J. Schmidt ("Owner") filed an application, included a support petition signed by the adjacent property owner, Philip L. Hild with the Apache Junction Public Works Department to extinguish the roadway easements; and WHEREAS, such easements may be extinguished by local municipal government pursuant to A.R. S . §§ 9-500. 24 and 28-7214; and WHEREAS, on March 15, 2011 the Owner also paid the required non-refundable filing fee in application for the extinguishment request pursuant to Apache Junction City Code § 13-2-4 (H) ; and WHEREAS, pursuant to Apache Junction City Code § 13-2-4 (I) , the Director of Public Works on April 6, 2011, submitted copies of the application for comment to the Development Services Director, the Public Safety Director, the City Engineer, the Apache Junction Fire District, as well as all affected public utility providers; and Amok WHEREAS, no opposition was received from Salt River Project, Southwest Gas, Arizona Water Company, and Superstition Mountain Community Facilities District to the extinguishment request, no response was received from Qwest Communications or Mediacom; and WHEREAS, the Interim Public Works Director/City Engineer, the Public Safety Department, the Development Services Department and the Fire District recommended extinguishment of the roadway easements; and RESOLUTION NO. 11-14 Page 1 of 3 WHEREAS, the extinguishment request, if approved, would not leave a parcel in separate ownership without access to an established public roadway or easement connecting such lands with another public roadway or easement; and WHEREAS, the City Engineer has determined that the easements in question because of their location and topography, have no or de minimus public value. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA AS FOLLOWS: 1) The City Council of the City of Apache Junction, Arizona finds that the roadway easements described and depicted in Exhibits A and B are classified as local streets on the Street Classification Plan and are no longer necessary for roadway purposes and have no or de minimus public value. 2) The above-described easements are hereby extinguished for public roadway and right-of-way purposes . 3) Nothing in this approval extinguishes the utility easement interests of any public utility agencies/entities . PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS DAY OF . SIGNED AND ATTESTED TO THIS DAY OF , 2011 . JOHN S. INSALACO Mayor ATTEST: KATHLEEN CONNELLY City Clerk RESOLUTION NO. 11-14 Page 2 of 3 Adak Auk APPROVED AS TO FORM: RICHARD J. STERN City Attorney RESOLUTION NO. 11-14 Page 3 of 3 EXHIBIT A PARCEL 1 (Adjacent to parcel 103-05-017B) The South thirty-three feet (33' ) of the Northeast quarter of the Southeast quarter of the Northeast quarter of the Southeast quarter of Section 22, Township 1 North, Range 8 East of the Gila and Salt River Base and Meridian, Pinal County, Arizona; EXCEPT the East thirty-three feet (33' ) and the West thirty- three fee (33' ) THEREOF. PARCEL 2 (Adjacent to parcel 103-05-038F) The North thirty-three feet (33' ) of the Southeast quarter of the Southeast quarter of the Northeast quarter of the Southeast quarter of Section 22, Township 1 North, Range 8 East of the Gila and Salt River Base and Meridian, Pinal County, Arizona; EXCEPT the West thirty-three feet (33' ) THEREOF. EXHIBIT "B" L - - - - - - J I I - - - - SECOND AVENUE 1 1 1 1 1 18B 1 1 17A I I I 0 I Q 1 1Q 1 1 < I 1 1 18A I I 17B 1 I 1 1 1 1 L - - - - �I 33' 33' � -..-- THIRD ff 1 I 7 I— - - -I- - - 66 33, 1 1 1 1 1 1 1 1 J I 1 38F , I 50' DEDICATED-R/W . o I112 37B I 37AI I JI 01 1 d1 1 � 38G I 1 I I 1 I 1 I I I I 1 L I - - I - - - - FOURTH AVENUE 2 6 B SURROUNDING PARCELS --- ROAD CENTERLINE m //// EXTOINGUISHMENT E ROLL CALL VOTE NOTES. \\ . \,/\ ITEM # 0MEETING OF RAvvi,' /1 MOTION BY: Vji% SECONDED BY: YES NO ABSTAINED COUNCILMEMBER BARKER I COUNCILMEMBER COLEMAN '✓/ COUNCILMEMBER WILSON ►✓ COUNCILMEMBER SMITHSON I VICE MAYOR DIETZ / COUNCILMEMBER SERDY �/� :7 , MAYOR INSALACO UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL V JONI. AM. ITEM NO. 13 I MOVE THAT RESOLUTION NO. 11-14, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, DECLARING THAT PORTIONS OF PUBLIC ROADWAY EASEMENTS LOCATED ON THIRD AVENUE FROM WAGONWHEEL ROAD TO GOLDFIELD ROAD AND DESCRIBED IN EXTINGUISHMENT CASE EX-11-14 ARE NO LONGER NECESSARY FOR PUBLIC USE AS PUBLIC ROADWAY EASEMENTS AND ARE HEREBY EXTINGUISHED AS PRESENT AND FUTURE PUBLIC RIGHTS-OF-WAY, (BE APPROVED) OR(BE DENIED) PUBLIC HEARING 1. For PROPOSED RESOLUTION NO. 11-16, DECLARING DEDICATED RIGHT-OF- WAY AND ROADWAY EASEMENTS LOCATED ON BROADWAY BETWEEN IDAHO AND WINCHESTER ARE NO LONGER NECESSARY FOR PUBLIC USE 2. Will INTERIM PUBLIC WORKS DIRECTOR GIAO PHAM 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. ... Adak 4INI. py ACHf do 4E, Col of Apache Junction C zI Ho m of the .Si ei:ftition Mountains gR1Zd�� Print TO City Manager's Office FROM: Giao Pham P.E., Interim Public Works Director DATE: August 16, 2011 Agenda Type : Regular Agenda Council Priority Focus Area: Community Development TITLE OF AGENDA ITEM: PROPOSED RESOLUTION NO. 11-16, DECLARING THAT CERTAIN DEDICATED RIGHT-OF-WAY AND ROADWAY EASEMENTS LOCATED ON BROADWAY AVENUE FROM IDAHO ROAD TO WINCHESTER ROAD ARE NO LONGER NECESSARY FOR PUBLIC USE. ACTION REQUESTED: Recommendation for Approval DISCUSSION/ BACKGROUND INFORMATION: The City of Apache Junction entered into an Intergovernmental Agreement with Central Arizona College (CAC) dated March 23rd, 2010. The City of Apache Junction determined that Broadway Avenue from Idaho Road to Winchester Road was not a critical route in the city's transportation master plan. As a result the public purpose of this agreement is to improve streets, neighborhood traffic and the city's storm water management system. Staff respectfully requests city council's approval on the above-noted extinguishment. FISCAL IMPACT: OPTIONS/ALTERNATIVES: RECOMMENDATION: Recommendation for approval ATTACHMENTS: Click to download D Memo to Council CI Resolution No 11 16 Gy o OI Public Works Department ° J C ,4=4 Home of the Superstition Mountains gRrzONP Date. July 6, 2011 To. Honorable Mayor and Members of the City Council Through' George Hoffman, City Manager From• Giao Pham P E , Interim Public Works Director Subject. Extinguishment/Vacation of Broadway Avenue between Idaho Road and Winchester Road Broadway Avenue, from Idaho Road to Winchester Road, is currently designated as a public roadway The southern half of Broadway Avenue is dedicated right-of-way, owned by the City, and the northern half is federal patent easement This portion of Broadway Avenue was originally created as public roadway easements per federal patent parcel deeds in the 1950's. Following negotiations with Pinal County Community College District ("CAC")an intergovernmental/development agreement was drafted, approved, and recorded at the Pinal County Recorder in April of 2010 Pursuant to this agreement, Broadway Avenue, from Idaho Road to Winchester Road, was designated for closure and abandonment in exchange for tangible and intangible benefits related to the expansion of the Central Arizona College campus in Apache Junction Pursuant to the intergovernmental/development agreement the value of Broadway Avenue is less than the value of the easement for a storm water retention basin provided by Central Arizona College and as such the business arrangement does not constitute an illegal gift or subsidy As such, it is requested that the dedicated right-of-way and public roadway easements for that portion of Broadway Avenue between Idaho Road and Winchester Road be vacated and extinguished, respectively 575 E Baseline Avenue, Apache Junction, AZ 85119 • Voice (480)982-1055 • Fax (480)982-8005 RESOLUTION NO. 11-16 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, DECLARING THAT CERTAIN DEDICATED RIGHT-OF-WAY AND ROADWAY EASEMENTS LOCATED ON BROADWAY AVENUE FROM IDAHO ROAD TO WINCHESTER ROAD, AND DESCRIBED IN EXHIBIT A AND DEPICTED IN EXHIBIT B, ARE NO LONGER NECESSARY FOR PUBLIC USE AS ROADWAYS AND ARE HEREBY VACATED AND EXTINGUISHED AS PRESENT OR FUTURE PUBLIC RIGHTS-OF-WAY. WHEREAS, the City upon incorporation became the holder of easements as described in Docket 138 Page 589 and Docket 147 Page 270 for public roadway purposes; and WHEREAS, the City became the holder of dedicated right-of- way as described in Docket 174 Page 227 for public roadway purposes; and WHEREAS, such easements and dedicated right-of-way may be extinguished and vacated by local municipal governments pursuant to A R S § 9-500.24, 9-276, 28-7214, and 28-7202; and WHEREAS, the City has entered into an Intergovernmental/ Development Agreement (the "Agreement") between the City of Apache Junction and Pinal County Community College District ("CAC") dated March 23rd 2010, recorded as fee number 2010- 039748, which is anticipated to result in aesthetic, planning, economic, and other tangible and intangible benefits to the City, and WHEREAS, pursuant to the Agreement the City has determined that Broadway Avenue from Idaho Road to Winchester Road is not a critical route in the City' s transportation master plan; and WHEREAS, pursuant to the Agreement the City Council has determined that because 1) the public purpose of this Agreement is to improve streets, neighborhood traffic, and the City' s storm water management system, and 2) the value of Broadway Avenue is less than the value of the easement for a storm water retention basin provided by CAC, the business arrangement does not constitute an illegal gift or subsidy; and WHEREAS, pursuant to the Agreement the City will vacate that portion of Broadway Avenue which is dedicated right-of-way, from Idaho Road to Winchester Road, and convey it to CAC in fee simple; and RESOLUTION NO. 11-16 Page 1 of 3 WHEREAS, no opposition to the vacation/extinguishment was received from Salt River Project, Apache Junction Water Company, Mediacom, Superstition Mountain Community Facilities District, City of Apache Junction Development Services Department, and Apache Junction Fire District, and no response was received from Qwest and Southwest Gas; and eN WHEREAS, Arizona Water Company opposes the vacation/extinguishment on grounds of owning water delivery facilities within the portion of Broadway Avenue being vacated; and WHEREAS, however, pursuant to A.R. S § 28-7210 rights-of-way or easements for utilities continue as they existed prior to the vacation or extinguishment of public roadway easements or dedicated right-of-way; and WHEREAS, the vacation and extinguishment requested, if approved, would not leave a parcel in separate ownership without access to an established public roadway or easement connecting such lands with another public roadway or easement. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THAT THE ABOVE- DESCRIBED PUBLIC RIGHTS-OF-WAY IS HEREBY VACATED AND EXTINGUISHED AS PRESENT OR FUTURE PUBLIC RIGHTS-OF-WAY PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS DAY OF 2011. SIGNED AND ATTESTED TO THE DAY OF , 2011 . JOHN S. INSALACO Mayor ATTEST: KATHLEEN CONNELLY City Clerk RESOLUTION NO. 11-16 Page 2 of 3 IN oh, Auk APPROVED AS TO FORM: RICHARD J STERN City Attorney Am bk RESOLUTION NO. 11-16 Page 3 of 3 DESCRIPTION FOR BROADWAY AVENUE ABANDONMENT A parcel of land situated in a portion of Section 28,Township 1 North, Range 8 East of Gila and Salt River Base and Meridian, Pinal County, Arizona, more particularly described as follows. COMMENCING at the Northwest Corner of said Section 28 bearing South 89 degrees 37 minutes 03 seconds West, a distance of 1320.47 feet from the Northeast Corner of the West half of the Northwest Quarter of said Section 28, THENCE North 89 degrees 37 minutes 03 seconds East, along the North line of said Section 28, a distance of 70 00 feet to a point on the East right of way line of Idaho Road, also being the POINT OF BEGINNING; THENCE continuing North 89 degrees 37 minutes 03 seconds East, a distance of 1220.47 feet THENCE South 00 degrees 15 minutes 34 seconds East, a distance of 40.00 feet; THENCE South 89 degrees 37 minutes 03 seconds West, along a line parallel with and 40.00 feet South of said North line, a distance of 960.36 feet to a point on the East line of the West Half of the West half of the Northwest Quarter of said Section 28 marked by a rebar with cap marked RLS 21773; THENCE South 00 degrees 14 minutes 49 seconds East, a distance of 10 00 feet, THENCE South 89 degrees 37 minutes 03 seconds West, a distance of 260.13 feet to an ADOT Aluminum Cap, also being on said East right of way line; THENCE North 00 degrees 14 minutes 07 seconds West, along said right of way line, a distance of 50.00 feet to the POINT OF BEGINNING Parcel contains a computed area of 51,421 square feet / or 1.1805 acres more or less % `K The attached EXHIBIT 'A' is to be included /�¢o,`�(1F cArEyo eyQA and made part of this description 45834 RANDALL J. a BILYEU signed Expires 03I311N� 0914-ABND March 16,2011 DIBBLE ENGINEERING Page 1 of 3 PROJECT NO 100914 ) ) NW COR SEC 28 N T1N, R8E NORTH LINE OF I— POINT OF COMMENCEMENT SEC 28 w POINT OF S89'37'03'W 1320.47' -� BEGINNING BASIS OF BEARINGS L2 w "C1 `' J BROADWAY AVENUE 40'. o L5 �� L6 L4 = 00 FOUND ADOT FOUND REBAR WITH CAP 1 ) ALUMINUM CAP MARKED RLS 21773 < N T S 0 E LINE OF THE W 1/2 OF I Q EAST R/W LINE THE W 1/2 OF THE NW 1/4 OF IDAHO ROAD SEC 28, T1 N, R8E I— NE COR OF THE WEST 1/2 OF THE NW 1/4 O = 0 S89'37'03'W 1320.47' SEC 28, T1 N, R8E Q n BASIS OF BEARINGS O L2 'e Ili 7 0 40' BROADWAY AVENUE L3- Q iX k L4 W C.) I I—. U a z_ 1 ;, SEE PAGE 3 OF 3 FOR LINE DATA TABLE THIS IS NOT A PROPERTY BOUNDARY SURVEY. R /r, .• ...,,7�s/ :,- e . w Dibble '45834'� 9 BROADWAY AVENUEEXHIBIT ABANDONMENTA Engineering- RANDALL J $ BILYEU . l°''es3-/4-0... DATE. MAR 2011 a yR/� ned..•.•SQ'• DRN. JLD Dibble Engineering F+ NA U �� CHK• RJB PACE 2 OF 3 Project No. 100914 pjres 03/3`1 LINE DATA TABLE LINE BEARING DISTANCE L1 N89°37'03"E 70 00' L2 N89°37'03"E 1220.47' L3 SOO°15'34"E 40 00' L4 S89°37'03"W 960 36' 0 L5 S00'14'49'E 10 00' L6 S89°37'03"W 260 13' 3 L7 N00°14'07"W 50 00' 0 THIS IS NOT A PROPERTY BOUNDARY SURVEY \F' rE EXHIBIT "A" g . Dibble � 45834 BROADWAY AVENUE ABANDONMENT 0 Engineering- J BILYEUKDALL e 'ay"*“•. DATE. MAR 2011 Dibble Engineering 1pi20Ned USP DRN JLD Project No 100914 a+'°/res o3/3`1° CHK RJB PAGE 3 OF 3 r > DESCRIPTION FOR BROADWAY ROAD ABANDONMENT The South 33.00 feet of the South half of the Southwest Quarter of the Southwest Quarter of Section 21,Township 1 North, Range 8 East of Gila and Salt River Base and Meridian, Pinal County,Arizona EXCEPTING therefrom that portion conveyed to the State of Arizona by and through its Department of Transportation in Warranty Deed Recorded in Docket 1764, Page 704, Pinal County Recorder's. AND EXCEPT the East 33.00 feet thereof Parcel contains a computed area of 40,176 square feet or 0 9223 acres more or less The attached EXHIBIT'A' is to be included and made part of this description. �A I AT'ye� 45834 RANDALLJ BILYEU of 5-17-11 . �,20Nq U%. ""res 031$A013 0914-ABND-NORTH May 17,2011 DIBBLE ENGINEERING Page 1 of 2 PROJECT NO 100914 N 0 a 0 cr a 0 WEST LINE OF SOUTH 1/2 OF THE 0 SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 o SECTION 21 , T1 N, R8E w ♦--1 EAST LINE OF SOUTH 1/2 OF THE w DOCKET 1764, SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 0 N T.S. SECTION 21 , T1 N, R8E Z PAGE 704, PCR � ) E \ + 33' -~-I -~ BROADWAY AVENUE W 33' s N T O SOUTH LINE OF SOUTH 1/2 OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 E. SECTION 21 , T1 N, R8E is g a Z w s THIS IS NOT A PROPERTY BOUNDARY SURVEY. Dibble c, `;� G/ 'v EXHIBIT "A" Engineering- 45834 J. s $ BROADWAY ROAD ABANDONMENT BILYEU • it- --. -r-'7-1!. DATE MAY 2011 a DRN JLD f. Dibble Engineering ' /2 A . ...11VSP• Project No 100914 F+A yes 03/3" CHK. RJB PAGE 2 OF 2 Adow ROLL CALL VOTE NOTES: P :11 I [9 it ITEM # ' ''\ H MEETING OF 4\k" MOTION BY: SECONDED BY U.0/1" YES NO ABSTAINED VICE MAYOR DIETZ V COUNCILMEMBER WILSON V COUNCILMEMBER BARKER V COUNCILMEMBER SERDY V COUNCILMEMBER SMITHSON COUNCILMEMBER COLEMAN )1 MAYOR INSALACO UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL Aafte Aank ITEM NO. 14 I MOVE THAT RESOLUTION NO. 11-16, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, DECLARING THAT PORTIONS OF PUBLIC ROADWAY EASEMENTS LOCATED ON BROADWAY AVENUE FROM IDAHO ROAD TO WINCHESTER ROAD AND DESCRIBED IN EXHIBIT A AND DEPICTED IN EXHIBIT B, ARE NO LONGER NECESSARY FOR PUBLIC USE AS PUBLIC ROADWAY EASEMENTS AND ARE HEREBY EXTINGUISHED AS PRESENT AND FUTURE PUBLIC RIGHTS-OF-WAY, (BE APPROVED) OR(BE DENIED) ..., ... PUBLIC HEARING ... 1. For PROPOSED RESOLUTION NO. 11-20, DECLARING PUBLIC ROADWAY EASEMENTS OVER UNNAMED ROADS LOCATED WITHIN THE CASA VILLA SUBDIVISON ARE NO LONGER NECESSARY FOR PUBLIC USE 2. Will INTERIM PUBLIC WORKS DIRECTOR GIAO PHAM 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 He v C o iO; G,f ,pache Junction Home of the Suffer/ition Al ountains 4R11014* L . Print TO: City Manager's Office FROM• Giao Pham P.E., Interim Public Works Director DATE: August 16, 2011 Agenda Type Regular Agenda Council Priority Focus Area Community Development TITLE OF AGENDA ITEM: PROPOSED RESOLUTION NO. 11-20, DECLARING THAT PORTIONS OF PUBLIC ROADWAY EASEMENTS OVER UNNAMED ROADS LOCATED WITHIN THE CASA VILLA SUBDIVISION ARE NO LONGER NECESSARY FOR PUBLIC USE. ACTION REQUESTED: Recommendation for Approval DISCUSSION / BACKGROUND INFORMATION. The City of Apache Junction became the holder of public roadway easements as described in a Development Agreement dated April 2nd, 1982, but roadway improvements were never constructed over or upon those easements. The City of Apache Junction accepted and recorded the final plat for the Casa Villa Subdivision on December 12, 2006, in which it states that the easements were to be extinguished Staff respectfully requests the city council's approval on the above-noted extinguishment FISCAL IMPACT: OPTIONS/ALTERNATIVES: RECOMMENDATION: Recommendation for approval ATTACHMENTS: Click to download ❑ Memo to Council ❑ Resolution No 11 20 0111K Public Works Department CI 44,4,4J Home of the Superstition Mountains 'QHfZONp Date. July 6, 2011 To. Honorable Mayor and Members of the City Council Through. George Hoffman, City Manager From. Giao Pham P E , Interim Public Works Director Subject Extinguishment of Unnamed Roadway Easements Adjacent to 16`h Avenue Between the 2700 West and 2800 West 16`h Avenue Public roadway easements are used by citizens of Apache Junction as a means to provide public roadway access to otherwise potentially landlocked parcels These easements vary in width and location and have been typically created with collaboration with the City by residents, developers, and businesses to either mitigate parcel access issues, or for development purposes. Unnamed public roadway easements were created in April of 1982 as a condition of a development agreement These public roadways were agreed to be constructed when fifty one percent of the adjacent parcel frontage was developed or occupied The easements were never opened, and named, as public roadways In December of 2006 the final plat for Casa Villa Subdivision was approved by the City and recorded by the Pinal County Recorder. On said subdivision plat the 1982 public easements were shown underlying the subdivision and labeled to be extinguished by the City at the time of final plat approval. These easements remain in force today and at the request of the current owner of Casa Villa Subdivision the easements are hereby requested to be extinguished. 575 E Baseline Avenue, Apache Junction, AZ 85119 • Voice (480) 982-1055 • Fax (480)982-8005 RESOLUTION NO. 11-20 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, DECLARING THAT PORTIONS OF PUBLIC ROADWAY EASEMENTS OVER UNNAMED ROADS LOCATED WITHIN THE CASA VILLA SUBDIVISION AND DESCRIBED IN EXTINGUISHMENT CASE EX 11-20 ARE NO LONGER NECESSARY FOR PUBLIC USE AS PUBLIC ROADWAY EASEMENTS AND ARE HEREBY EXTINGUISHED AS PRESENT AND FUTURE PUBLIC RIGHTS-OF-WAY. WHEREAS, the City became the holder of public roadway easements ("Easements") as described in Docket 1114 pages 20 through 25 per development agreement on April 2nd 1982; and WHEREAS, roadway improvements were never constructed over or upon the Easements; and WHEREAS, on the Final Plat for Casa Villa Subdivision, accepted by the City and recorded in Pinal County records as instrument number 2006-167428 on December 12 2006, the Easements were described to be extinguished by the City of Apache Junction; and WHEREAS, such easements may be extinguished by local municipal government pursuant to A.R. S. § 9-500. 24 and 28-7214; and WHEREAS, the Easements, while remaining, have been determined by the owners of Casa Villa Subdivision and the City to be encumbering the platted lots within the subdivision and it is in the best interest of the City to extinguish the Easements; .•. and WHEREAS, pursuant to Apache Junction City Code § 13-2-4 (I) , on April 21, 2011 Public Works staff, on behalf of the Interim Director of Public Works, submitted copies of the application for comment to the Development Services Director, the Public Safety Director, the City Engineer, the Apache Junction Fire District, as well as all affected public utility providers; and WHEREAS, no opposition was received from Salt River Project, Arizona Water Company, Mediacom, and Superstition Mountain Community Facilities District to the extinguishment request. No response was received from Qwest Communications and Southwest Gas; and RESOLUTION NO. Page 1 of 3 WHEREAS, the Interim Public Works Director/City Engineer, the Public Safety Department, the Development Services Department and the Fire District are not opposed to the extinguishment of the roadway easement; and WHEREAS, the extinguishment request, if approved, would not leave a parcel in separate ownership without access to an established public roadway or easement connecting such lands with another public roadway or easement; and WHEREAS, the City Engineer has determined that the Easements, because of their location upon a platted subdivision and due to never having been opened as a public roadway, have no or de minimis public value. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA AS FOLLOWS : 1) The City Council of the City of Apache Junction, Arizona finds that the roadway easements described and depicted in Exhibits A and B are un-classified streets and are no longer necessary for roadway purposes and have no or de minimis public value. 2) The above-described easements are hereby extinguished for public roadway and right-of-way purposes . 3) Nothing in this approval extinguishes the utility easement interests of any public utility agencies/entities . PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS DAY OF SIGNED AND ATTESTED TO THIS DAY OF , 2011 JOHN S. INSALACO Mayor ATTEST: KATHLEEN CONNELLY RESOLUTION NO. Page 2 of 3 City Clerk APPROVED AS TO FORM: RICHARD J. STERN A . City Attorney RESOLUTION NO. Page 3 of 3 EXHIBIT A PARCEL 1 The East twenty-five feet (25' ) , the South twenty-five feet (25' ) , and the West thirty feet (30' ) of the West half of the Northwest quarter of the Northeast quarter of the Southwest quarter of Section 30, Township 1 North, Range 8 East of the .•. Gila and Salt River Base and Meridian, Final County, Arizona; EXHIBIT "B" 16TH - - - AVENUE / // 40' R/W PER CASA i //: 01 VILLA PLAT 30 ^' 25 ` z 1 1" I / //)1DI U co / EAST LINE OF THE W-1/2, NW-1/4, / o NE-1/4, SW-1/4, SECTION 30 Q/ I - J I Z � I m / /I O CASA VILLA /1 0 SUBDIVISION �� CD W 0 / / _O I � I � w $(/ W n. / I CO ,._ W / 4 o WEST LINE OF THE W-1/2, NW-1/4, / / 1' /I NE-1/4, SW-1/4, SECTION 30 /////41 R .////1 SOUTH LINE OF THE W-1/2, NW-1/4, 25, f m NE-1/4, SW-1/4, SECTION 30 o MERIDIAN MANOR SUBDIVISION 2 6 B SURROUNDING PARCELS —-— ROAD CENTERLINE U'// PROPOSED /// EXTINGUISHMENT z ROLL CALL VOTE NOTES: ITEM # ` ) MEETING OF MOTION BY: SECONDED BY. YES NO ABSTAINED COUNCILMEMBER WILSON COUNCILMEMBER SERDY COUNCILMEMBER COLEMAN J VICE MAYOR DIETZ /J COUNCILMEMBER BARKER COUNCILMEMBER SMITHSON MAYOR INSALACO UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL • %ITEM NO. 15 ► i VE THAT RESOLUTION NO. 11-20, A RESOLUTION OF THE MAYOR AND CITY _ OF THE CITY OF APACHE JUNCTION, ARIZONA, DECLARING THAT 04 P• 'TIONS OF PUBLIC ROADWAY EASEMENTS OVER UNNAMED ROADS LOCATED WITHIN THE CASA VILLA SUBDIVISION AND DESCRIBED IN EXTINGUISHMENT CASE EX 11-20 ARE NO LONGER NECESSARY FOR PUBLIC USE AS PUBLIC ROADWAY EASEMENTS AND ARE HEREBY EXTINGUISHED AS PRESENT AND FUTURE PUBLIC RIGHTS-OF-WAY, (BE APPROVED) OR(BE DENIED). PUBLIC HEARING r•. 1. For PROPOSED RESOLUTION NO. 11-29, DECLARING PUBLIC ROADWAY EASEMENTS LOCATED ON THIRD AVENUE BETWEEN BOWMAN AND CONESTOGA ARE NO LONGER NECESSARY FOR PUBLIC USE 2. Will INTERIM PUBLIC WORKS DIRECTOR GIAO PHAM 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. Ok PgACHf�G2� City olApache Junction Home of the .Sl!pen'Imon AJo1/i/fd//ls 4R1Ioto" Print TO: City Manager's Office FROM: Giao Pham P.E., Interim Public Works Director DATE: August 16, 2011 Agenda Type . Regular Agenda Council Priority Focus Area: Community Development TITLE OF AGENDA ITEM: PROPOSED RESOLUTION NO. 11-29, DECLARING THAT PORTIONS OF PUBLIC ROADWAY EASEMENTS LOCATED ON THIRD AVENUE BETWEEN BOWMAN ROAD AND CONESTOGA ROAD ARE NO LONGER NECESSARY FOR PUBLIC USE ACTION REQUESTED: Recommendation for Approval DISCUSSION / BACKGROUND INFORMATION: Staff respectfully requests City Council's approval on an extinguishment of roadway easements on Third Avenue between Bowman Road and Conestoga Road and has been requested by the adjacent property owners, who desire the use of these areas for setbacks Staff has reviewed the submittal and has no technical objections since the use of the federally patent easement is not feasible or needed. Resolution No 11-29 extinguishes the above-noted easements for public roadway and right-of-way purposes FISCAL IMPACT OPTIONS/ALTERNATIVES: RECOMMENDATION: Recommendation for approval. ATTACHMENTS• Click to download U Memo to Council Et Resolution No. 11-29 �PppCHF✓ a Gin Public Works Department C 4dhc i Home of the Superstition Mountains 'QR1zO10. Date. July21, 2011 .. To Honorable Mayor and Members of the City Council Through George Hoffman, City Manager From. Giao Pham P E , Interim Public Works Director Subject. Extinguishment of Federal Patent Easement on Third Ave Between Bowman Rd and Conestoga Rd Proposed Resolution No 11-29 Federal Patent Easements (FPEs) are a means whereby property is accessed by our citizens in portions of Apache Junction. FPEs were established as a means to provide public roadway access to Federal Patent parcels, and to mitigate the need of local government to acquire right-of-way to provide access to otherwise landlocked parcels. FPEs are typically a total of 66 feet in width with 33 feet on each side of a common parcel lines Third Ave between Bowman Rd. and Conestoga Rd. has never been opened or maintained by the City for public use. The roadway is classified as a local roadway In addition, the FPE does not provide public access to any landlocked parcels and adequate access to public rights-of- way would be available. Area transportation would not be adversely affected Donald D Dickerman filed an application for the extinguishment on Third Ave between Bowman Rd. and Conestoga Rd The application included a support petition signed by Philip L. Hild the adjacent property owner, who also desires the extinguishment. The property owners desire the use of the 33 feet for reduction of setbacks and feel that additional roads are unnecessary at that location 575 E Baseline Avenue, Apache Junction, AZ 85119 • Voice (480)982-1055 • Fax (480)982 8005 RESOLUTION NO. 11-29 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, DECLARING THAT PORTIONS OF PUBLIC ROADWAY EASEMENTS LOCATED ON THIRD AVENUE FROM BOWMAN ROAD TO CONESTOGA ROAD AND DESCRIBED IN EXTINGUISHMENT CASE EX- 11-29 ARE NO LONGER NECESSARY FOR PUBLIC USE AS PUBLIC ROADWAY EASEMENTS AND ARE HEREBY EXTINGUISHED AS PRESENT AND FUTURE PUBLIC RIGHTS-OF-WAY. WHEREAS, the City of Apache Junction upon incorporation became the holder of easements as described in Docket 169, page 564 and Docket 174, page 510, and on April 27, 2011 the fee simple owner of the property, Donald D. Dickerman ("Owner") filed an application, included a support petition signed by the adjacent property owner, Billie J. Coy, with the Apache Junction Public Works Department to extinguish the roadway easements; and WHEREAS, such easements may be extinguished by local municipal government pursuant to A.R. S. §§ 9-500 . 24 and 28-7214; and WHEREAS, on April 27, 2011 the Owner also paid the required non-refundable filing fee in application for the extinguishment request pursuant to Apache Junction City Code § 13-2-4 (H) ; and WHEREAS, pursuant to Apache Junction City Code § 13-2-4 (I) , the Director of Public Works on May 16, 2011 submitted copies of the application for comment to the Development Services Director, the Public Safety Director, the City Engineer, the Apache Junction Fire District, as well as all Ad. affected public utility providers; and WHEREAS, no opposition was received from Salt River Project, Arizona Water Company and Qwest Communications to the extinguishment request, no response was received from Southwest Gas, Mediacom or Superstition Mountain Community Facilities District; and WHEREAS, the Interim Public Works Director/City Engineer, the Public Safety Department, the Development Services Department and the Fire District recommended extinguishment of the roadway easements; and RESOLUTION NO. Page 1 of 3 WHEREAS, the extinguishment request, if approved, would not leave a parcel in separate ownership without access to an established public roadway or easement connecting such lands with another public roadway or easement; and WHEREAS, the City Engineer has determined that the easements in question because of their location and topography, have no or de minimus public value. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA AS FOLLOWS: 1) The City Council of the City of Apache Junction, Arizona finds that the roadway easements described and depicted in Exhibits A and B are classified as local streets on the Street Classification Plan and are no longer necessary for roadway purposes and have no or de minimus public value. 2) The above-described easements are hereby extinguished for public roadway and right-of-way purposes . 3) Nothing in this approval extinguishes the utility easement interests of any public utility agencies/entities . PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS DAY OF SIGNED AND ATTESTED TO THIS DAY OF , 2011 . JOHN S. INSALACO Mayor ATTEST: KATHLEEN CONNELLY City Clerk RESOLUTION NO. Page 2 of 3 A Ink APPROVED AS TO FORM: Amok RICHARD J. STERN City Attorney RESOLUTION NO. Page 3 of 3 EXHIBIT A PARCEL 1 (Adjacent to parcels 103-04-017A and 103-04-017B) The South thirty-three feet (33' ) of the Northwest quarter of the Southeast quarter of the Northeast quarter of the Southwest quarter of Section 22, Township 1 North, Range 8 East of the Gila and Salt River Base and Meridian, Final County, Arizona; rd. EXCEPT the East thirty-three feet (33' ) and the West thirty- three fee (33' ) THEREOF. PARCEL 2 (Adjacent to parcel 103-04-030) The North thirty-three feet (33' ) of the Southwest quarter of the Southeast quarter of the Northeast quarter of the Southwest quarter of Section 22, Township 1 North, Range 8 East of the Gila and Salt River Base and Meridian, Final County, Arizona; EXCEPT the East thirty-three feet (33' ) and the West thirty- three fee (33' ) THEREOF. AdMk Adak EXHIBIT "B" I L - - - - - - J I I - - - - I SECOND AVENUE 7 I I--- - - -I- - - -I 1 I- - - -I- - - 7 1 1 I I I I I 1 .�_. I I I 1 I I 1 01 I 1 Q 17A 117E ; 16A ; 16B 0 I xI DI I I I I I I I I I I I I I I . i -•-- 33' 33' —.- - - -I- - - _ I _ - , - - AVENUE - 1 \\17 / I - - - - - - 1 66' 1 I- 7 1 I I 1 , 33 I 1 ' 31A I 1 I Z 0 � N 2I I 030 ; 0) I � � I 0 z N o CO 0 31B 1 I I I I I I I I I I 1 FOURTH AVENUE 000 SURROUNDING PARCELS —-— ROAD CENTERLINE cn /// PROPOSED F. / EXTINGUISHMENT RES-11-29 ROLL CALL VOTE NOTES: \\./ ITEM # MEETINp OF P 1/C-6 MOTION BY: SECONDED BY Ici) AR Y7S NO ABSTAINED COUNCILMEMBER SMITHSON COUNCILMEMBER BARKER VICE MAYOR DIETZ COUNCILMEMBER COLEMAN COUNCILMEMBER SERDY COUNCILMEMBER WILSON MAYOR INSALACO UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL ... A.. ITEM NO. 16 I MOVE THAT RESOLUTION NO. 11-29, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, DECLARING THAT PORTIONS OF PUBLIC ROADWAY EASEMENTS LOCATED ON THIRD AVENUE FROM BOWMAN ROAD TO CONESTOGA ROAD AND DESCRIBED IN EXTINGUISHMENT CASE 11-29 ARE NO LONGER NECESSARY FOR PUBLIC USE AS PUBLIC ROADWAY EASEMENTS AND ARE HEREBY EXTINGUISHED AS PRESENT AND FUTURE PUBLIC RIGHTS-OF-WAY, (BE APPROVED) OR(BE DENIED) ROLL CALL VOTE NOTES: (AU \ ./\0) u ITEM # MEETING OF Op MOTION BY: SECONDED BY. 1Lt YES NO ABSTAINED COUNCILMEMBER COLEMAN ✓i COUNCILMEMBER SMITHSON COUNCILMEMBER SERDY COUNCILMEMBER BARKER COUNCILMEMBER WILSON I VICE MAYOR DIETZ MAYOR INSALACO \;) UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL ITEM NO. 17 THE WORK SESSION ON SEPTEMBER 5,2011, HAS BEEN CANCELLED TO HONOR LABOR DAY. I MOVE THAT AN EXECUTIVE SESSION AT 5.45 P.M. AND A WORK SESSION AT 7'00 P.M. BE HELD ON TUESDAY, SEPTEMBER 6, 2011, IN THE CITY COUNCIL CONFERENCE ROOM AND CITY COUNCIL CHAMBERS RESPECTIVELY. ADJOURNMENT: I MOVE THAT THE MEETING BE ADJOURNED AT1 19 P M ills b. ROLL CALL 7 it . l�� 1 t 45k IWS 117 REG SPEC CITY COUNCIL: P / A P / A P / A MAYOR INSALACO li / ✓ VICE MAYOR DIETZ V 1` / COUNCILMEMBER BARKER I V f COUNCILMEMBER COLEMAN / / COUNCILMEMBER SERDY Ii / / COUNCILMEMBER SMITHSON '✓ t� 4 COUNCILMEMBER WILSON V / ri 1 TOTAL CITY STAFF 5 6\1) 1' City Manager George Hoffman v/ Assistant City Manager Bryant Powell ` City Clerk Kathleen Connelly V . City Attorney Joel Stern V Public Safety Director Jerald Monahan .1, .. Interim Public Works Director/ City Engineer Giao Pham Parks & Recreation Director Jeff Bell ,,- Finance Director Donna `'7 ' Meinerts Development Svcs. Director Brad Steinke Human Resources Director Liz n� Riley 7 I Economic Development Ci,,pd Director Steve Filipowicz Assistant to the City Manager Matt Busby V dTP31161y° .A- OTHERS: P J/ k , . , if t-if YIP 11) 1 '6)\4))))4