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2013 05.07 City Council Regular Agenda
PLEASE FILL OUT A "REQUEST TO SPEAK"FORM IF Y OU WISH TO ADDRESS THE COUNCIL AT CALL TO THE PUBLIC OR ON ANY NON-PUBLIC HEARING ITEM O� rQACHE jGyO 1-6 •City of-Apache Junction Home of the SuPenimon Moiinlams 4411200t' APACHE JUNCTION CITY COUNCIL CITY COUNCIL CHAMBERS 300 EAST SUPERSTITION BOULEVARD APACHE JUNCTION,ARIZONA 85119 REGULAR MEETING AGENDA May 7, 2013 7:00 PM A. CALL TO ORDER. B INVOCATION AND PLEDGE OF ALLEGIANCE. C ROLL CALL. D CONSENT AGENDA The Council may, at this time,take 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. Appio‘al of Minutes of Rc<. alai Meeting of Apt 16 201 3 3 Consideration of enter mg into contract ypith Sunland Asphalt foi street drainage improv ernents within the Superstition Villa subdi\ision in an amount not to exceed S326.353 98 Staff respectfully requests council consideration on the proposed agreement with Sunland Asphalt for street drainage improvements within the Superstition Villa subdivision This work is in partial fulfillment of Fiscal Year's 2012-13 and 2013-14 Street Maintenance Plans 4. Consideration of PW 2010-22I3 North Apache hail Improvements Phase 2. a\lard of bid to Nesbitt Conti acting Co Inc in an amount not to exceed $614 420 26 Staff respectfully requests council approval to enter into contract with Nesbitt Contracting Co, Inc for project PW 2010-22B Phase 2 This project includes vertical curb, sidewalk,ADA accessible ramps, concrete headwalls,drainage grading, streetlights,signing and striping, landscaping and other related improvements 5. C onsideiation of PNA' 2012-06 Old West I lii hula} Sidoialk lmpiovements, award of hid to Visus Inc in an amount not to exceed S110,250 00 Staff respectfully requests council approval to enter into contract with Visus, Inc for project PW 2012-06 Old West Highway Sidewalk Improvements This project includes curb and gutter, sidewalk installation, drainage and other street related improvements 6. Considelanon of entering into Lontlact \A.ith I l3anicki Construction. Inc for sheet and drainage impi ON ements for Gland Di ive Ocotillo Ihive and Main DliNe in an amount not to exceed S681 626 01 Staff respectfully requests consideration of entering into an agreement with J Banicki Construction, Inc for street and drainage improvements for Grand Drive, Ocotillo Drive and Main Drive bounded by Broadway Avenue and Apache Trail The work will be under the City of Peoria Cooperative Contract#ACON42011 for a total not to exceed amount of$681,626 01 This work is in partial fulfillment of fiscal year's 2012-13 and 2013-14 Street Maintenance Plans 7. Consideration of appional of Resolution No 13-10 iecommending the Citv's Fiscal Yeai 2013 Local 1 ianspoitation Assistance Fund II allocation be directed to the Apache !unction Active Adult Centel and authoii/mg the Ma'or to sign a Pass 1 hrough Agi cement Pursuant to the court order filed in Paisley v Darwin,Valley Metro Regional Public Transportation Authority receives monthly distributions of lottery revenues for public transportation purposes in Mancopa County Funding is distributed directly to eligible jurisdictions with the county To receive the funds allocated to Mancopa County communities,jurisdictions must apply annually In Fiscal Year 2013,Apache Junction will receive$865 An application was submitted March 18, 2013 to the Valley Metro Regional Public Transportation Authority 8 Consideration of approval of demolition agreement for 247 L Junction Street The property at 247 E Junction Street is in the Crossroads Redevelopment Area Since approximately 2006,the property has been vacant and the general condition of the structure has deteriorated and become in disrepair The city and owner have determined it is in the best interest of both parties to demolish and remove the single family residence structure Staff respectfully requests council approve the demolition agreement 9 Consideration of approval of Resolution No 13-12, Parks. Aieas and Facilities Namin !Dedication Polio This resolution confirms and memorializes the city council direction of April 2, 2013 and authorizes the city to adopt an amended Parks,Areas and Facilities Naming/Dedication Policy,as recommended by the Parks and Recreation Commission 10 Consideration of appro\al of Resolution No 13-14 an intergovernmental agreement with the Apache Junction File Disiiict li>>_ ei�_ices equipment and tiaining. Consideration of approval of Resolution No 13-14, authorizing the city to enter into an Intergovernmental Agreement with the Apache Junction Fire District to include joint coordination on items such as communications,training and safety equipment 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 11. PROCI AMA f ION Di SIGN Al ING MAY 19-25 2013 AS "NATIONAL PUBLIC WORKS WEEK " National Public Works Week recognizes the contributions that public works employees make every day to our health,safety, comfort and quality of life 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 MANAGE R'S RFPOR I 13 PRE SLN I A I ION BY REPRF SI NTATIV ES OF Tl IF APACHE JUNC T ION FIRE DIS URIC I REGARDING "NA TIONAL DROWNING PREVENIION MON 1 IT " May is National Drowning Prevention Month Representatives from the Apache Junction Fire District will present on the cause 14 PRE_SIN I Al ION AND DISC't'SS1ON ON C.URRLN 1: STATE I.FGISI. A I HON Staff will give an update on current state legislation of interest to local government 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 15. APPLICATION I OR AN AGENT CIIANGF-ACQUISH ION OF CONTROL. SERIES 7 1 IQUOR LICENSE FOR SCUI'ILEBUT IS LOCATED AT 1200 Vs/LSI APACHE TRAIL The next step in the procedure is for the council to hold a public hearing on the application and make a recommendation for approval or denial to be forwarded to the Arizona Department of Liquor Licenses and Control 16. PROPOSED RiSOI U1 ION NO 13-01. DECLARING T IIAT POR[IONS OF PUBLIC ROADWAY LAST MINIS LOC'AIED ON MOCKINGBIRD STREET GREASE WOOD SFRET:F AND SILSI A SIRE:F F FROM MAIN DRIVE I0 SAGUARO DRIVE. MAIN DRIVE 1 ROM SIT S I`A S I RFFT TO MOCKINGBIRD SIRELT. ANL) SAGUARO DRIVE FROM SIF:SI A SI RFEI I ROUNDUP SIREFI AS DESCRIBLI) IN I XTINGE)ISIIMFNT C NSF, 13-01 ARE NO I:ONGLR NE( ESSARY FOR Pt1BI IC USE An extinguishment of the roadway easements noted above has been requested by the property owner Stage Coach Trail LLC Stage Coach Trail LLC desires the use of these areas for site improvements Staff has reviewed the submittal and has no technical objections since the use of the federal patent easements are not feasible or needed I OLD BUSINESS The Council shall consider any business that has been previously considered and which is still unfinished to include those items previously postponed or tabled No member of the public shall be permitted to speak on these items unless invited to do so by the Mayor after first submitting a written request-to-speak form with the City Clerk None J NEW BUSINESS The Council shall consider any business not yet considered No member of the public shall be permitted to speak on these items unless 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 17. DIRECTION 10 S I AI F' I0 DRAFI APPROPRIAIF C I IANGE S TO APACHE JI. NClION CI CODE VOE I CII APPI IC'ABLE PFRSONNI;1. RULES ANT) I11F C I,ASSIFIC A'I ION PE AN RLL A I ING 10 1 HE POLICY CHILI/Pt'B1,IC SAI I FY DIREC TOR POSITION WW I I H THIS EMI RGILN(Y ('1 At JSF. The city manager seeks to have this position be the same as the other department director positions, returning it from a contract employee to regular career status employee This will necessitate amendments to pertinent sections of the Apache Junction City Code,Volume I, Chapter 3 as well as Personnel Rules and Classification Plan Pursuant to City Resolution No 88-17 the mayor and city council direct staff to prepare the appropriate ordinance to facilitate any code changes L. SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES• 18. LXLCI i i I VL SESSION 11 5 45 P M AND WORK SESSION A 17 00 P M. FOR MONI)AY. TUN[ 3. 201 19 F_XECFJIIV[ SESSION A 15 45 P M FOR FUESDAY JVNL 4 2013 0IHER MELIINGS I1 NICE SSARY M CALL TO PUBLIC At this time the public has the privilege to address the Council with requests,communications, comments or suggestions relating to City business that are not listed on the agenda All speakers must have already submitted a written"Request to Speak"form to the City Clerk no later than the conclusion of the City Manager's Report portion of the agenda If there is a group speaking on the same item,they should select a spokesperson All such remarks shall be addressed to the Council as a whole and not to any member thereof The Mayor is authorized to ask a speaker to stop speaking and leave the podium or to adjourn the meeting if anyone becomes disorderly, uncivil, makes personal attacks or continues to speak about items that are not within the jurisdiction of the city after being warned such issues are beyond the jurisdiction of the city to act The Council may not answer questions of the speaker, discuss the matter with one another, but may, at the conclusion 1)respond to criticism by a speaker, 2)ask the City Manager to review a matter, 3)ask the City Manager to place the matter on a future agenda Each speaker must approach the podium,speak into the microphone, provide their name and address There is a three(3)minute time limit per speaker N. ADJOURNMENT. Copies of this agenda and additional information regarding any of the items listed above may be obtained from the City Clerk's office 300 East Superstition Boulevard,Apache Junction,AZ Monday through Thursdays, 7 OOa—6 OOp, 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 APRIL 16, 2013 The regular meeting of the City Council of the City of Apache Junction, Arizona, was held on April 16, 2013, at the Apache Junction City Council Chambers pursuant to the notice required by law. CALL TO ORDER Mayor Insalaco called the meeting to order at 7 : 00 p.m. INVOCATION Councilmember Wilson gave the Invocation. PLEDGE OF ALLEGIANCE Councilmember Serdy led the Pledge of Allegiance. ROLL CALL Councilmembers Present : Mayor Insalaco Councilmember Barker Councilmember Evans Councilmember Serdy Councilmember Waldron Councilmember Wilson ,0144, (Vice Mayor Dietz was absent . ) Staff Present : City Manager George Hoffman Assistant City Manager Bryant Powell City Clerk Kathleen Connelly City Attorney Joel Stern Interim Public Safety Director/Deputy Chief Tom Kelly Development Services Director Brad Steinke Assistant to the City Manager Matt REGULAR MEETING OF THE CITY COUNCIL APRIL 16, 2013 PAGE 1 OF 25 Busby Others Present : Program Coordinator Heather Patel ACCEPTANCE OF CONSENT AGENDA Councilmember Barker MOVED THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED; AND THAT RESOLUTION NO. 13-11, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AUTHORIZING THE CITY TO ENTER INTO AN AGREEMENT WITH THE ARIZONA EARLY CHILDHOOD DEVELOPMENT AND HEALTH BOARD' S PINAL REGIONAL PARTNERSHIP COUNCIL FOR FISCAL YEAR 2013-2014 FIRST THINGS FIRST GRANT FUNDS; AND AUTHORIZING AND DIRECTING STAFF TO TAKE ALL STEPS NECESSARY TO CARRY OUT THE PURPOSE AND INTENT OF THE GRANT, BE APPROVED; AND THAT RESOLUTION NO. 13-04, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, APPROVING THE SUBMITTAL OF A GRANT APPLICATION TO THE GILA RIVER INDIAN COMMUNITY FOR PROPOSITION 202 FUNDS ON BEHALF OF AMERICAN LEGION APACHE POST 27 FOR THE OPERATION OF THE VETERAN' S TRANSPORTATION PROGRAM IN AN AMOUNT NOT TO EXCEED $59, 294 . 00, BE APPROVED; AND THAT RESOLUTION NO 13-05, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, APPROVING THE SUBMITTAL OF A GRANT APPLICATION TO THE GILA RIVER INDIAN COMMUNITY FOR PROPOSITION 202 FUNDS ON BEHALF OF CHARITY NEVER FAILETH FOR THE OPERATION OF THE YOUTH ARE SPECIAL PROJECT IN AN AMOUNT NOT TO EXCEED $73, 798 . 80, BE APPROVED; AND THAT RESOLUTION NO. 13-06, A RESOLUTION OF THE MAYOR AND CITY f.N COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, APPROVING THE SUBMITTAL OF A GRANT APPLICATION TO THE GILA RIVER INDIAN COMMUNITY FOR PROPOSITION 202 FUNDS ON BEHALF OF EAST VALLEY ADULT RESOURCES FOR THE OPERATION OF THE SENIOR TRANSPORTATION PROGRAM IN AN AMOUNT NOT TO EXCEED $127, 500 . 00, BE APPROVED; AND THAT RESOLUTION NO. 13-07, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, APPROVING THE SUBMITTAL OF A GRANT APPLICATION TO THE GILA RIVER INDIAN COMMUNITY FOR PROPOSITION 202 FUNDS ON BEHALF OF SUPERSTITION REGULAR MEETING OF THE CITY COUNCIL APRIL 16, 2013 PAGE 2 OF 25 SEARCH & RESCUE FOR THE OPERATION OF THE UAV HELICOPTER PROJECT IN AN AMOUNT NOT TO EXCEED $30, 000. 00, BE APPROVED; AND THAT RESOLUTION NO. 13-08, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, APPROVING THE SUBMITTAL OF A GRANT APPLICATION TO THE GILA RIVER INDIAN COMMUNITY FOR PROPOSITION 202 FUNDS FOR RECEIPT AND USE OF PROPOSITION 202 FUNDS FOR SUPPORT OF PUBLIC ART IN AN AMOUNT NOT TO EXCEED $10, 460 00, BE APPROVED. Councilmember Waldron SECONDED THE MOTION VOTE• Unanimous . The motion carried. AWARDS, PRESENTATIONS AND PROCLAMATIONS Mayor Insalaco presented Certificates of Graduation to seventeen graduates of the fifteenth Citizen Leadership Institute. Pinal Partnership President and Chief Executive Officer Sandie Smith gave a presentation regarding partnership efforts, progress and membership fee structure. Councilmember Serdy commented Apache Junction is a member of the Pinal Partnership. He asked who could attend the meetings . President and Chief Executive Officer Sandie Smith stated anyone can attend the meetings; the difference is what they pay for breakfast. ems Mayor Insalaco read a proclamation designating April 14-20, 2013, as the Week of the Young Child in Pinal County. He presented the proclamation to Assistant City Manager Bryant Powell Mayor Insalaco read a proclamation designating April as Fair Housing Month and presented the proclamation to Program Coordinator Heather Patel. REGULAR MEETING OF THE CITY COUNCIL APRIL 16, 2013 PAGE 3 OF 25 Mayor Insalaco read a proclamation designating April 14-20, 2013, as National Public Safety Telecommunications Week and presented the proclamation to Communications Supervisor Bruce Ward. Mayor Insalaco read a proclamation designation April 21-27, 2013, as National Volunteer Week and presented the proclamation to a police department volunteer. ANNOUNCEMENT OF CURRENT EVENTS Councilmember Wilson thanked the parks and recreation department for their assistance at Horse Tales during the first part of the month, attended by 214 students from 5 different schools and representatives from Mr. Gosar' s staff. Councilmember Wilson commented visitors from the Pennsylvania Equine Council in charge of the state trails, who also sit on the American Horse Council' s trail committee, saw the stepover entrances built in Apache Junction for the trail system. They requested the information on them for the trails in New York, Pennsylvania and possibly nationwide as they prevent all-terrain vehicles from entering the trails. Councilmember Barker commented the mayor, Councilmember Waldron and she attended the 25th grand opening of a Habitat house in the city Councilmember Barker commented the mayor and she attended a Week of the Child Celebration in the park between the multi-gen and the library yesterday morning There were many booths with information available. Mayor Insalaco commented this Thursday T-Mobile is coming out with 150 of their employees to refurbish the boys and girls club. They will paint, build cubicles and do yard work outside. CITY MANAGER' S REPORT City Manager George Hoffman commented on the number of volunteers that helped out in operating the city last year, read a note from the Little League District 7 Administrator who attended the city' s league opening ceremonies and commented the REGULAR MEETING OF THE CITY COUNCIL APRIL 16, 2013 PAGE 4 OF 25 newly-renovated fields are a candidate for post season tournament play, announced that Republic Services will continue its sponsorship of the Fourth of July Celebration in 2013 and Mountain Health and Wellness having a Cinco de Mayo on May 4 at Earth Heart Park. Assistant to the City Manager Matt Busby gave a brief update on current legislation issues that impact the city. /IN City Attorney Joel Stern stated the construction bill is an attempt to lobby the legislature the way the engineers and architects did years ago on what cities were doing. They were limiting the city' s liability with engineers and architects . They made the engineers and architects more responsible for their acts. The lobby for the engineers and architects stated the cities could not do that to them. They got their way. The state pretty much curtailed what the cities could do There is a certain form now for engineers and architects . It is not as global as it was They are not as liable as they used to be for their errors and omissions . Now the construction industry is trying to do the same thing. They are trying to limit their liability so that the city cannot ask for anything and everything in the indemnification clause. This bill will cut out a few things they used to be liable for. Engineers and architects were successful in a tiered phase of the same thing. It is still a live bill. Assistant to the City Manager Matt Busby continued with his update. PUBLIC HEARINGS ORDINANCE NO. 1389, CASE PZ-2-13, PLANNED DEVELOPMENT MAJOR AMENDMENT REQUEST BY PATHFINDER TRF SIX LLC AND ADAMS CONSTRUCTION AND MANAGEMENT COMPANY, REPRESENTED BY BEUS GILBERT PLLC, AMENDING THE DEVELOPMENT PLAN FOR "IDAHO CREEK VILLAS - PHASE 3" Development Services Director Brad Steinke briefed the council on the item. REGULAR MEETING OF THE CITY COUNCIL APRIL 16, 2013 PAGE 5 OF 25 Councilmember Barker asked where the additional parking is going from the updated plan. Development Services Director Brad Steinke stated along the south side of Adams Street and Tepee Street. He believes they can put some guest parking in there but it would be difficult to place continual guest parking along the southern side because it might interfere with people backing out of their units onto the private drive It is a ^ somewhat narrow drive. They will have to be selective on where they put those He does not feel they need to put all the parking there but there should be enough to make the council comfortable that there is enough. He continued on with his briefing. Councilmember Wilson asked how long ago the traffic count and accident count was done. Development Services Director Brad Steinke stated the traffic count was done in 2010 and the accidents were done over the last five years, from 2007 to 2012 . Councilmember Wilson commented the traffic count on Superstition does not take into account the recent Mountain Health and Wellness Center. Development Services Director Brad Steinke stated he did not think so but he would have to check back on the dates on that. Councilmember Waldron commented he understands that an application has to be submitted to the state soon as far as getting the grant funds for this program. Development Services Director Brad Steinke stated the state has changed its rules and now requires these applicants to have all their plans put together and approved by the council before they will even entertain them. The drop dead date is 4 p.m. on May 1, 2013. They need to have their approval by then. REGULAR MEETING OF THE CITY COUNCIL APRIL 16, 2013 PAGE 6 OF 25 Counc.11member Waldron asked if any changes to the plan can be made after it is submitted to the state. 1 Development Services Director Brad Steinke stated he does not know the answer to that. He suggested he ask the applicants as they are professionals in these types of projects. From the city' s perspective, if there is a minor change which does not change the texture of the plan or affects the density or setbacks, then staff can make the change administratively. If it is a significant change, it is brought back for another public hearing. Mayor Insalaco requested the applicant address the council. Mr. Paul Gilbert, 701 N. 44th Street, Phoenix, of Beus Gilbert PLLC, addressed the council. He commented they were given a very complete and thorough presentation of the project . He commented on the success of their Apache Junction Town Homes. They will see the same quality and commitment on this project. Their goal is an attractive, affordably priced, safe living environment for seniors. The other project was not senior housing and there is a major difference. They have done over 200 of these senior housing units and they like to think they are experienced. The question was asked whether or not changes could be made once it is approved by the state for tax credit housing. The concept must stay the same, but they do have the flexibility to make some minor changes to a facility. 'N Mayor Insalaco asked if changing an access would be a minor change Mr. Paul Gilbert stated that would probably be considered a major change. Since traffic is a concern for this project, he reminded them it is currently zoned for 87 units and they are proposing 52 . If they put in 87 units there really would be an increase in traffic. The average square footage is 950. They have a lot of programs that take place in this facility. They have very wide doorways and hallways, making them safe for senior housing They have an activity director constantly on site, flu shots, podiatrist, REGULAR MEETING OF THE CITY COUNCIL APRIL 16, 2013 PAGE 7 OF 25 /1 trained medical professionals on site on a regular basis, clubhouse, social room, health care event, an additional ramada in open space and an internal walkway for residents to exercise on They have broken down the visitor parking spaces as follows: they will be putting 20 spaces on the south side of Durr Street; Apache Drive will have 6 spaces; and the south side of Adams Street will have 6 spaces They total 33 visitor parking spaces Combining those 33 parking spaces with the 5 visitor parking spaces by the clubhouse gives them a total of 38 OmS visitor parking spaces . They are required to have 121 total parking spaces; they are providing 142, 21 parking spaces in excess required in the ordinance. The ordinance does not take into account special provisions for senior housing. Those that do, such as Glendale and Tucson, require less than the parking spaces required by Apache Junction. They are not asking for any variations and are increasing the amount beyond what is required A lot of seniors drive cars . They are not saying the seniors in the units will not drive cars, but based on the empirical data from other projects, about 62% of the residents will have one car This is senior living with the average age of 72 . They are also severely income restricted. They will not be able to afford many cars . Forty percent cannot make more than $17, 650 It does not leave much opportunity to buy, maintain and insure a car Fifty percent cannot make more than $22, 100 . Two important provisions are age and income. They believe the fixed income will not produce many cars and many have some form of disability. There are limited opportunities for affordable, safe senior housing and they believe they are filling that need. Councilmember Barker commented she liked the project. She asked if there is a lease — involved in the rental Mr. Paul Gilbert stated there is. Councilmember Barker asked how long the lease is for. Mr. Paul Gilbert stated it is for six months . REGULAR MEETING OF THE CITY COUNCIL APRIL 16, 2013 PAGE 8 OF 25 emok Councilmember Barker commented they have median incomes that are actually above many peoples' social security. There are people who have determined they are going to retire. Prior to retirement they bought their motor home or whatever They now come out here to stay six months. They will try renting this unit since it is really cheap and they do not have a lot of money, but they do have their motor home. She asked where they could park their motor home Mr. Paul Gilbert stated there will be a prohibition on motor homes. They cannot park their motor homes on the site. They will have to go to a rental place. No motor homes unless they can fit in the garage and are the main source of transportation. Councilmember Barker commented they have two entrances/exits on Plaza which infers that these are the main drags. They are the ones intended to be used When one goes out on Plaza at that point and turns south to go to Superstition, all the things that senior citizens like are right there. There is a wellness center with doctors, the Good Apple, the post office, the social security office, another doctor' s office, a chiropractor and a hairdresser. Her mom drove until she was 94, visiting the post office and Good Apple on a daily basis, her beautician on a weekly basis, her chiropractor every other day, et cetera. These people who rent here will still have Medicare to cover the doctor visits, have money for an ice cream cone at Good Apple and take advantage of these services . They will hit Plaza and go straight to Superstition Plaza does not have a traffic count as there are few people that take it. People will want to do that, especially if they are winter visitors as they never stay home. They just came from snow and they will run in there for something they can afford. It is beautiful here; the sun shines and the neighbors are all snowbound. They will not sit in their houses or go to the programs over there. They will go have their ice cream cones and do these other things . That is what concerns her about Plaza It is her major concern She truly believes they have not factored in the amenities available in that one square block that will draw people of that age. REGULAR MEETING OF THE CITY COUNCIL APRIL 16, 2013 PAGE 9 OF 25 Mr. Paul Gilbert stated they actually love the point she just made. It is why the located the project there. The adjacent amenities are a big attraction to them. They are counting on them to help promote and make the project successful . He does not have much of a disagreement with most of what she said. There are some things to justify the two accesses on Plaza. Councilmember Barker stated therein lies the rub. Mr. Paul Gilbert stated first of all, because of the location of those amenities, if they had more access points on Tepee then they would just go up to Tepee and go down Plaza. They would still have traffic on Plaza. Secondly, Tepee is a much, much busier street than Plaza It makes more sense to have the people come out on Plaza where the traffic is minimal . The immediate area is pretty much developed with low density housing. There will not be a lot of traffic on Plaza in the future. It is preferable to have the seniors come out on Plaza. If they only have one access on Plaza, they would have to put a second one on Tepee. The engineer and all staff that have reviewed the application are satisfied with the two access points on Plaza. If they eliminate one of the access points on Plaza, it presumably will be the on to the north. The people in the development would have to travel a circuitous route through the subdivision, causing more traffic in the interior of the subdivision, and then come down on to Plaza using the access to the south. They are putting traffic on a street that has no traffic and reducing the amount of traffic in their own subdivision by having these two access points . It makes it a safer subdivision. — kk Councilmember Barker stated she is concerned with the corner of Superstition and Plaza. She does not know if he has ever tried to cross there. Mr. Paul Gilbert stated he has . Councilmember Barker commented it is hard REGULAR MEETING OF THE CITY COUNCIL APRIL 16, 2013 PAGE 10 OF 25 Mr. Paul Gilbert stated he has and he has talked to several people that say it is not much of a problem. He may have just hit it at a good time. It had been raised by someone so they drove it. There will virtually be the same amount of traffic because if they do not come out on Plaza and they come out on Tepee, they are going to go to the very places she talked about. Councilmember Barker commented theywill hit a traffic signal in order to turn if g they go out Tepee to Idaho. There is no light on Superstition. There is nothing but a stop sign. She believes the traffic count on Superstition was 11, 000 right there from 2010 . We are talking about putting more people there, not just from his development but as the city is picking up again, they have 70, 000 people in this community in the winter. She thinks they all go to the post office. Mr. Paul Gilbert stated they are aware of that and like the location of the post office there. His point is if they put in the second location on Tepee they will go over to Plaza from there and go down to Superstition where they will have the same amount of traffic. It just means instead of coming onto Plaza, they will come up and over from Tepee. Councilmember Barker commented then they agree to disagree. She sees his point . Mr. Paul Gilbert stated they will be putting in street improvements along Plaza. Most Om% seniors travel at off peak commuting time, which is another factor. They do not need to take their word for it, the city' s own traffic personnel, including planning staff, engineering department and the people who have reviewed this plan, all said it works and they have no problem from a traffic point of view. In his view it lays heavily in favor of the Plaza access points . Councilmember Wilson commented Plaza and Superstition concerns him. He believes if they put the two access points on Tepee they would make a right and go to Idaho. They would be going into a wider turn but they would have that ability. Today at 5 p.m. he pulled up to Plaza REGULAR MEETING OF THE CITY COUNCIL APRIL 16, 2013 PAGE 11 OF 25 and Superstition and it took him about 45 seconds before he had clearance for a left turn for him to go to city facilities Even then it was a push. They are not talking about the major rush hour period of time, but a lot of traffic is coming down in both directions . They are going to the library, post office, the gym and other aspects . If they are trying to put them on Plaza heading south, he believes they will have more accidents because they are being forced to go that direction. He would prefer they come out on Tepee and make a right, which they would do if they went out on the right side . They would go with the traffic up to Idaho and then turn south They would have a stoplight Mr. Paul Gilbert asked if this was at 5 p m. Councilmember Wilson stated it was. Mr Paul Gilbert stated that is the peak hour. Councilmember Barker commented it is not here. Councilmember Wilson commented it may be on US 60 . Mr. Paul Gilbert stated for most 5: 00 is the peak hour of time. They feel very strongly that this works and city staff agrees with them They can make this work, it works for them and they are very comfortable with it . Councilmember Serdy asked if they will be renting to out-of-state people that will be leaving and then they would have to fill every time. He asked if they have a choice in trying to rent to locals . Mr. Greg Wagner, St. George, Utah, stated they have developed 200 units in Bullhead City. Their turnover is very, very low. The program discourages REGULAR MEETING OF THE CITY COUNCIL APRIL 16, 2013 PAGE 12 OF 25 /11% transient housing which is why they require a minimum of a six month lease Mayor Insalaco commented they are not geared for winter visitors. They are geared for residents Mr. Greg Wagner stated exactly. Mayor Insalaco commented just because it is a six month lease it does not mean it is geared for winter visitors . Our winter visitors are here for six months Mr Greg Wagner stated their experience is their tenants live year round. If they had transient housing every six months there would be a great cost in turning a unit over, getting it ready and having it vacant while it is refilled Based on their experience managing thousands of units in Utah and Arizona, it is better for them if they do not have turnover. Councilmember Evans commented she had some questions about their off street parking. In the previous complex that they are almost finished with they allow off street parking during the day but not at night. She asked if that would be the same here, that there would be no street parking allowed at night if they have an overnight guest. Mr. Greg Wagner stated they require their tenants to park their vehicle in their garage if they have a vehicle In a lot of complexes the residents fill the so full of stuff theycannot park garages inside. One of their requirements is they have to park inside Councilmember Evans commented she understands that; from the previous complex they were not allowed on the driveway and had to park in the garage. In this particular complex, they were told during the work session that one car could park in the garage and one could park in the driveway. Now they have the overflow parking. She asked if REGULAR MEETING OF THE CITY COUNCIL APRIL 16, 2013 PAGE 13 OF 25 they have an overnight guest if they will be allowed to park there overnight or does it have to be cleared out . Mr. Greg Wagner stated based on their experience the seniors have one vehicle and very rarely have two. Parking has not been an issue for them. The guests come and park on the driveway and the senior parks in the garage. Mr. Paul Gilbert stated most of those spaces are for visitors . Councilmember Evans asked if he meant daytime visitors . Mr. Paul Gilbert stated daytime visitors It is not the intent to have overnight visitors there . As managers, they can regulate that if it is a concern. Councilmember Evans asked if, like in the previous complex where they have the six month lease, then from that point on it becomes a month to month lease or will there be another six month lease each time it rolls over. Mr. Paul Gilbert stated it is a six month lease they sign or they can sign for longer than that . Six months is the minimum they can sign for. He understands her question about a holdover tenant that would stay on a month to month basis . They do not allow that Councilmember Evans asked if they would have to leave or would they be allowed to stay if a couple moves in and their income now fits the requirements, or if a widower' s benefits come into play and they are now over the income. Mr. Greg Wagner stated once they qualify the income can increase . They have to make it through an initial tenant qualification where they prove what their income is . It can go up and they would not get kicked out . REGULAR MEETING OF THE CITY COUNCIL APRIL 16, 2013 PAGE 14 OF 25 Councilmember Evans asked if their rent would increase in the next six months incrementally. Mr. Greg Wagner stated it would not . Mr. Paul Gilbert stated it could go up at the end of six months if it is a six month lease. They would have the opportunity to raise the rent with the renewal They would still have to stay within the guidelines that they qualified for. Councilmember Evans commented their minimum lease is for six months . She asked what their maximum lease is. Mr. Paul Gilbert stated they can stay there as long as they want. The longer they stay the happier his company is. Councilmember Evans commented a contract has to have a beginning and an end. She asked if they are typically signing people for just six months . Mr Paul Gilbert stated they do not. As Greg indicated, they usually sign them for several years at a time That is their practice City Attorney Joel Stern commented they are saying they only have to qualify a person at a particular point in time . Mr. Paul Gilbert stated that is correct. City Attorney Joel Stern commented after that time their income could go up, they could become a millionaire, and still live there. He asked if that is correct. Mr. Paul Gilbert stated that is theoretically possible but they have not been blessed with that occurrence happening very often REGULAR MEETING OF THE CITY COUNCIL APRIL 16, 2013 PAGE 15 OF 25 City Attorney Joel Stern asked them to go through the major components of the standard lease. Mr Paul Gilbert stated he was not prepared to do that He asked if there is a particular facet in the lease he is concerned with. City Attorney Joel Stern stated he has not seen the lease. He asked if it will be a 01401 crime free multi-housing complex. Mr. Paul Gilbert stated it is. City Attorney Joel Stern asked if they would be qualified by whatever the police department requires . Mr. Paul Gilbert stated that is correct . He is not particularly proud of this, but they have turned down almost 200 people on their other project because they did not satisfy the backgrounds. City Attorney Joel Stern commented there is typically an addendum in a crime free housing program wherein if someone is arrested for a drug issue they are evicted He asked if they will have that. Mr. Paul Gilbert stated absolutely. That is their policy. Mayor Insalaco commented if they exit on Tepee they can go right to Idaho. He asked what if they want to go west. They would have to go east and turn back around to go west. They are going to go both ways . Not everyone is going to go east. They will still have the traffic coming down Plaza if they wanted to use that one exit. Mr. Paul Gilbert stated that is his point exactly. Whether there are one or two exits on Plaza, they will have virtually the same amount of traffic. It REGULAR MEETING OF THE CITY COUNCIL APRIL 16, 2013 PAGE 16 OF 25 is a reduced traffic when they consider they are putting 52 units where 87 could go Mayor Insalaco commented he thinks he made his point. He then opened the public hearing on the item. Mr Steve Ross, 5473 N. Ironwood, Apache Junction, addressed the council. He spends a lot of time on Plaza Drive on the project he is working on, and on Superstition and Tepee. He has not spent any time turning in any direction he wants to go He only slows down because of the school zone He has made that loop several times a day for the last several months, through the winter season, and has had no conflicts He does not recall passing a vehicle on Tepee and few vehicles have passed him on Plaza when he is working. He does not see a huge traffic issue. He typically makes the left turn from Plaza to Superstition and has only had to wait seconds . Mr. Robert Klaas, 1641 N. Plaza, Apache Junction, addressed the council . He stated he lives across the street and it is a good project. There are some traffic concerns. There are two problems . He gave a brief history on the Plaza Neighborhood Watch and the planning discussions on Quail Creek Condos Phase II and III . The design for old Phase III had no access onto Plaza; all were on Tepee. Traffic is more likely to travel east to Idaho and south to Superstition. There are two traffic safety issues with the villas. Most all of the traffic will exit onto Plaza and travel south. Turning right on Superstition is not a problem, but turning left one has to dart out in order to cross over. There will be additional traffic from Mountain Health and Wellness, 50 or more senior vehicles, visitor traffic and caretaker traffic. The second issue is persons using the proposed Adams exit onto Plaza will not be able to see the 30 miles per hour traffic traveling west on Tepee. There is no stop sign for traffic turning left from Tepee to Plaza. There is a collision danger. Neither vehicle can see each other due to a wall. Pad #1 will block the visibility. He suggested four solutions. Reposition all access back onto Tepee where more traffic would use Idaho. The second solution would be to close the Adams exit or make it an emergency exit only. Widen Apache and make it an in and out. REGULAR MEETING OF THE CITY COUNCIL APRIL 16, 2013 PAGE 17 OF 25 It would give two accesses at opposite ends of the property. Traffic on Apache would probably go to Idaho and ease the traffic on Plaza The third solution would be to make Tepee a four way stop intersection. It would slow traffic turning onto Plaza. The fourth solution would be to do a traffic study during the winter season in an attempt to place a traffic signal at Plaza and Superstition Mayor Insalaco closed the public hearing with no one else wishing to speak He reopened the item to council discussion. Councilmember Waldron asked why Apache Drive is an exit only. Mr. Paul Gilbert stated it is not . Councilmember Waldron commented it is an exit and an entrance. Mr. Paul Gilbert stated it is . Mayor Insalaco commented on the councils plans it says exit only. Mr. Paul Gilbert apologized and stated it is not accurate. It is the old plan. Councilmember Waldron reiterated that it is an entrance and an exit . Mr. Paul Gilbert stated that is correct. He added they are very comfortable with this plan and it is frustrating because city staff is comfortable with it . However, if it is a concern a possible solution would be to put a median in Plaza so that when they come out of the northern driveway they could not make a left turn. They would have to turn right and go up to Tepee. That would solve a portion of the problem if the real problem is traffic at Superstition. They could live with that if it is a possible solution. REGULAR MEETING OF THE CITY COUNCIL APRIL 16, 2013 PAGE 18 OF 25 ek Mayor Insalaco commented if he lived there in number 7 it should be easier for him to go out the Adams Street way then the other way, and the same thing for 23, 24 or 10 or 9 It is closer to the highway. Not everybody in the whole subdivision would use that. The people at one end would use one exit and the people at the other end would use the entrance closest to them. Mr. Paul Gilbert agreed. City Attorney Joel Stern stated since they allowed the applicant to speak the public hearing should be reopened Mayor Insalaco opened the public hearing on the item. There was no one wishing to speak and he closed the public hearing and reopened the item to council discussion. Councilmember Waldron commented he wanted to hear that the stop sign issue has been resolved at Tepee and Plaza He thought they would take a closer look to see if they can mitigate some traffic there. As he understands it, Giao said it was not warranted. Development Services Director Brad Steinke stated that is correct The city engineer and planning staff took a look at it. It is not even close to being warranted based on the numbers . Putting stop signs where they are not warranted tends to create more problems than it helps . His opinion is that it is not warranted. They will take another look at that when the second phase of Mountain Health property develops. A traffic engineer will evaluate that and trip distribution which will tell us where traffic will go. If it says there will be a significant amount of traffic going up Plaza, the city engineer may then reevaluate those stop signs . Councilmember Waldron commented he does not like the idea of U-turn. It encourages that at Tepee and Plaza. He is not comfortable with that. Any development is going to increase some traffic. He thinks Mr. Klass has some legitimate concerns, especially in the future as we get more and more traffic We need to keep it on the radar REGULAR MEETING OF THE CITY COUNCIL APRIL 16, 2013 PAGE 19 OF 25 /' that it could build up rapidly and we need to start looking at traffic. He works at Mountain Health and Wellness and that intersection, like most in the city, gets a little difficult in the wintertime to cross . But that is true everywhere in winter visitor season Even now traffic has reduced considerably He thinks there are legitimate future concerns with traffic and he likes this particular project. He thinks there is a place for it here but they do need to watch the future traffic. Councilmember Barker commented she agreed but she would like to talk about the right hand turn. Councilmember Waldron had commented he feels it will encourage a U-turn. She is much more comfortable with a right hand turn there but she is not comfortable with the possibility of U-turns there. She asked if there is a methodology that could stop that, something like a no U-turn sign. It makes sense to her. Development Services Director Brad Steinke stated he knows they are trying to think imaginatively. He does not think there is any scenario in which they would encourage them to approve a median on that street. They would have to take a look at the geometrics of traffic and all of those things . He would be reluctant to buy into that. However, he would suggest that this is an issue for a right turn only sign. Councilmember Barker agreed, commenting without the median but with just a right turn only sign and a no U-turn sign. Development Services Director OmS Brad Steinke stated to tell them where they wanted the traffic to go would be a reasonable step to take. Councilmember Barker commented she is not comfortable with a median in there either. They could have 27 cars piled up on the median after a week or two with their wheels spinning because they are not looking for it. She asked if that is better. The consensus of the council was that it would work. REGULAR MEETING OF THE CITY COUNCIL APRIL 16, 2013 PAGE 20 OF 25 ON ON Mayor Insalaco closed the discussion with no further comments and called for a motion. Councilmember Barker MOVED THAT THE REVISED ORDINANCE NO. 1389 BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilmember Evans SECONDED THE MOTION VOTE: Unanimous . The motion carried. City Clerk Kathleen Connelly read the ordinance by title only. Councilmember Barker MOVED THAT THE REVISED ORDINANCE NO. 1389, AS READ BY THE CITY CLERK, BE APPROVED AND ADOPTED WITH THE FOLLOWING AMENDMENTS: THAT THE NORTH ENTRANCE/EXIT ON PLAZA BECOME A RIGHT HAND TURN ONLY WITH THE ADDITION OF A NO U-TURN SIGN. Councilmember Wilson SECONDED THE MOTION VOTE: Unanimous 9 The motion carried. RESOLUTION NO 13-13, CASE SD-1- 13, A REQUEST TO VACATE AND DISSOLVE THE FINAL SUBDIVISION PLAT FOR IDAHO CREEK VILLAS - PHASE 3, BY PATHFINDER TRF SIX LLC AND ADAMS CONSTRUCTION AND MANAGEMENT COMPANY, REPRESENTED BY BEUS GILBERT PLLC ) Development Services Director Brad Steinke briefed the council on the item. Councilmember Barker asked if this is still revised. REGULAR MEETING OF THE CITY COUNCIL APRIL 16, 2013 PAGE 21 OF 25 Development Services Director Brad Steinke stated that is correct. Mayor Insalaco requested the applicant address the council Mr. Paul Gilbert declined to speak. Mayor Insalaco opened the public hearing on the item. There being no one wishing to speak, he closed the public hearing and reopened the item to council discussion. There being no further discussion, he called for a motion. Councilmember Barker MOVED THAT REVISED RESOLUTION NO. 13-13, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, APPROVING THE VACATION OF THE FINAL SUBDIVISION PLAT FOR "IDAHO CREEK VILLAS - PHASE 3", IN CASE SD-1-13, BY PATHFINDER TRF SIX LLC AND ADAMS CONSTRUCTION AND MANAGEMENT COMPANY, REPRESENTED BY BEUS GILBERT PLLC, BE APPROVED. Councilmember Waldron SECONDED THE MOTION. VOTE: Unanimous . The motion carried. Councilmember Barker thanked the applicant for his presentation and patience. OLD BUSINESS None. NEW BUSINESS None. DIRECTION TO STAFF REGULAR MEETING OF THE CITY COUNCIL APRIL 16, 2013 PAGE 22 OF 25 RESOLUTIONS TO BE SUBMITTED AND/OR CO-SPONSORED TO THE 2013 RESOLUTIONS COMMITTEE OF THE LEAGUE OF ARIZONA CITIES AND TOWNS Assistant to the City Manager Matt Busby briefed the council on the item. Councilmember Waldron commented he likes the process the way it is. Councilmember Barker agreed. She asked if they had received any yet. Assistant to the City Manager Matt Busby stated the League will be sending out notifications for the resolutions committee in early May As soon as they are notified staff will let them know. They usually get requests from other cities to co-sponsor. Councilmember Barker commented she hopes somebody or we keep riding this HURF train. It is important, and perhaps the TPT this year. It is important and it is just sitting there Assistant to the City Manager Matt Busby stated he anticipates there will be resolutions on both of those items. Councilmember Barker commented those are two she is very interested in. elk Mayor Insalaco closed the discussion with no further comments and called for a motion. Councilmember Waldron MOVED THAT THE FOLLOWING DIRECTION BE GIVEN TO STAFF REGARDING RESOLUTIONS TO BE SUBMITTED AND/OR CO-SPONSORED TO THE 2013 RESOLUTIONS COMMITTEE OF THE LEAGUE OF ARIZONA CITIES AND TOWNS: THAT DIRECTION BE GIVEN TO THE CITY MANAGER, WITH THE APPROVAL OF THE MAYOR AND VICE MAYOR, TO PERUSE AND ALLOW THE CITY TO CO- SPONSOR ANY RELEVANT RESOLUTIONS FROM OTHER ARIZONA COMMUNITIES; TO RESUBMIT THE RESOLUTION ABOUT TRUCK LANES SUBMITTED IN PRIOR REGULAR MEETING OF THE CITY COUNCIL APRIL 16, 2013 PAGE 23 OF 25 I ... YEARS; AND THAT THE CITY MANAGER BE AUTHORIZED TO SUBMIT RESOLUTIONS ON BEHALF OF THE CITY. Councilmember Barker SECONDED THE MOTION VOTE: Unanimous . The motion carried. Amok SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES Councilmember Barker MOVED THAT AN EXECUTIVE SESSION AT 5 : 45 P.M. AND A WORK SESSION AT 7 : 00 P.M. BE HELD ON MONDAY, MAY 6, 2013, 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, MAY 7, 2013, IN THE CITY COUNCIL CONFERENCE ROOM. Councilmember Evans SECONDED THE MOTION. VOTE: Unanimous . The motion carried. CALL TO THE PUBLIC: None. ADJOURNMENT ) Mayor Insalaco adjourned the meeting at 9 : 05 p.m. Consent Agenda Items are as follows: 1 . Acceptance of Agenda. 2 . Approval of Minutes of Regular Meeting of April 2, 2013 . 3. Consideration of approval of proposed Resolution No. 13-11, authorizing the City of Apache Junction to enter into an REGULAR MEETING OF THE CITY COUNCIL APRIL 16, 2013 PAGE 24 OF 25 elk agreement with the Arizona Early Childhood Development and Health Board and the Final Regional Partnership Council for Fiscal Years 2013-2016. 4 . Consideration of proposed Resolution Nos . 13-04, 13-05, 13- 06, 13-07 and 13-08 to be submitted to the Gila River Indian Community State Shared Revenue Program for Fiscal Year 2013- 2014 . ACCEPTED THIS 7TH DAY OF MAY, 2013, BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA. SIGNED AND ATTESTED TO THIS 7TH DAY OF MAY, 2013. JOHN S . INSALACO Mayor ATTEST . KATHLEEN CONNELLY City Clerk CITY COUNCIL MINUTES CERTIFICATION I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the regular meeting of the City Council of the City of Apache Junction, Arizona, held on the 16th day of April, 2013. I further certify that the meeting was ei duly called and held and that a quorum was present. Dated this 30th day of April, 2013. 4_6/4— KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL APRIL 16, 2013 PAGE 25 OF 25 1 �pAtk � G • `-Z C y a/Apache Junction Home of the ,Superststron Mountains q+�rZOH� TO• City Manager's Office FROM: Shane Kiesow, Public Works Manager DATE. May 7,2013 Agenda Type • Regular Agenda Council Priority Focus Area• Community Infrastructure TITLE OF AGENDA ITEM Consideration of entering into contract with Sunland Asphalt for street drainage improvements within the Superstition Villa subdivision in an amount not to exceed$326,353 98 ACTION REQUESTED. Recommendation for Approval DISCUSSION/BACKGROUND INFORMATION. Staff respectfully requests council consideration on the proposed agreement with Sunland Asphalt for street drainage improvements within the Superstition Villa subdivision This work is in partial fulfillment of Fiscal Year's 2012-13 and 2013-14 Street Maintenance Plans FISCAL IMPACT- Budgeted Expenditure OPTIONS/ALTERNATIVES. RECOMMENDATION: Approval ATTACHMENTS. Click to download 0 Memo to Council 0 Agreement with Sunland Asphalt •ACHE Public Works Department -6 .0/94,xe4 th4.4e/gais Home of the Superstition Mountains AffilzOtV DATE April 18, 2013 TO: Mayor and Members of the City Council THRU George Hoffman, City Manager Giao Pham, Public Works Director FROM Shane Kiesow, Public Works Manager SUBJECT Consideration of Contract with Sunland Asphalt Staff would like City Council to give consideration for approval to allow the Mayor to enter into contract with Sunland Asphalt for street drainage improvements within the Superstition Villa subdivision as discussed at the May 6th City Council work session The work will be through TCPN cooperative contract#R5225 for$296,685 44 with a 10% contingency of$29,668.54 for a total not to exceed amount of$326,353.98. Project is planned to start later this month and be substantially complete by the end of June. 575 E Baseline Avenue, Apache Junction, AZ 85119 • Voice (480) 982-1055 • FAX (480) 983-5752 or(480) 982-8005 CITY OF APACHE JUNCTION AGREEMENT FOR MATERIALS AND LABOR PROJECT NO. PWC 2012-09 "Superstition Villa Subdivision Drainage improvement" THIS AGREEMENT made and entered into by and between the CITY OF APACHE JUNCTION ("City"), an Arizona municipal corporation, and Sunland Asphalt, an Arizona corporation ("Contractor") RECITALS A Contractor asserts its willingness, ability and qualifications to provide the work and service called for in TCPN Contract#R5225, in which Contractor asserts its willingness, ability and qualifications to provide this work and service. B. City and Contractor desire to set forth herein their respective responsibilities and the manner and terms upon which Contractor shall render the services C City has complied with the public bidding requirements under Arizona Revised Statute Title 34 and Apache Junction City Code ("AJC C ") Article 3-7. 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: 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 TCPN Contract#R5225 and Contractor's cost proposal #50809 including but not limited to A Remove existing single curb/curb and gutter, asphalt concrete and ABC/dirt B. Form and pour concrete curb and gutter, roll curb, valley gutter, curb terminations, and driveway C Place and compact aggregate base course D Provide asphalt paving base course and surface courses E Provide traffic control for the duration of the project F Provide necessary survey and quality control inspection 2 PRICES Prices shall be governed under TCPN Contract#R5225 for the performance of the work under the contract documents. Total amount of this Agreement shall not exceed $296,323 06 3. CONTRACT TERM The Term of this Contract shall be performed from May 8, 2013 through June 30, 2014 Renewals shall only be allowed as mutually agreed upon in writing by the Parties 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, 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 1 5 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 6. 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 privilege tax license pursuant to Article 8-2 of the Apache Junction City Code and keep such license current during the term of this Agreement 7 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 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. 8 INDEMNIFICATION: To the fullest extent permitted by law, Contractor shall defend, indemnify and hold harmless City, its elected and appointed officers, officials, agents, and employees from and against any and all liability including but not limited to demands, claims, actions, fees, costs and expenses, including attorney and expert witness fees, arising from or connected with or alleged to have arisen from or connected with, 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 in the performance of this Agreement Contractor's duty to defend, hold harmless and indemnify City, its Special Districts, elected and appointed officers, officials, agents, and employees shall arise in connection with any tortious claim, damage, loss or expense that is attributable to bodily injury, sickness, disease, death, or injury to, impairment, or destruction of property including loss of use resulting therefrom, caused by an Contractor's acts, errors, mistakes, omissions, work or services in the performance of this Agreement including any employee of Contractor, any tier of Contractor's subcontractor or any other person for whose acts, errors, mistakes, omissions, work or services Contractor may be legally liable 9 ENFORCED DELAYS (FORCE MAJEURE). Neither City nor Contractor, as the case may be, shall be considered not to have performed its obligations under this Agreement in the event of enforced delay (an "Enforced Delay") due to causes beyond its control and without its fault or negligence or failure to comply with Applicable Laws, including, but not restricted to, acts of God, fires, floods, epidemics, pandemics, quarantine, restrictions, embargoes, labor disputes, and unusually severe weather or the delays of subconsultants or materialmen due to such causes, acts of a public enemy, war, terrorism or act of terror(including but not limited to bio-terrorism or eco-terrorism), nuclear radiation, blockade, insurrection, riot, labor strike or interruption, extortion, sabotage, or similar occurrence or any exercise of the power of eminent domain of any governmental body on behalf of any public entity, or a declaration of moratorium or similar hiatus (whether permanent or temporary) by any public entity directly affecting the Project In no event will Enforced Delay include any delay resulting from unavailability for any reason of labor shortages, or the unavailability for any reason of particular consultants, 2 AlMak subconsultants, vendors or investors desired by Contractor in connection with the Project Contractor agrees that Contractor alone will bear all risks of delay which are not Enforced Delay In the event of the occurrence of any such Enforced Delay, the time or times for performance of the obligations of the Party claiming delay shall be extended for a period of the Enforced Delay, provided, however, that the Party seeking the benefit of the provisions of this Section shall, within thirty (30) calendar days after such Party knows or should know of any such Enforced Delay, first notify the other Party of the specific delay in writing and claim the right to an extension for the period of the Enforced Delay, and provided further that in no event shall a period of Enforced Delay exceed ninety (90) calendar days. r► 10 GOVERNING LAW AND VENUE The terms and conditions of this Agreement shall be governed by and interpreted in accordance with the laws of the State of Arizona Any action at law or in equity brought by either party for the purpose of enforcing a right or rights provided for in this Agreement, shall be tried in a court of competent jurisdiction in Pinal County, State of Arizona The parties hereby waive all provisions of law providing for a change of venue in such proceeding to any other county In the event either party shall bring suit to enforce any terms of this Agreement or to recover any damages for and on account of the breach of any term or condition in this Agreement, it is mutually agreed that the prevailing party in such action shall recover all costs including reasonable attorney fees to be determined by the court in such action. 11 INSURANCE: Contractor, at its own expense, shall purchase and maintain the minimum insurance and other additional requirements set forth herein 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 Contractor to secure payment of such deductibles or self-insured retentions by a Surety Bond or an irrevocable and unconditional letter of credit City reserves the right to request and to receive within ten (10)working days, certified copies of any or all of the herein required insurance policies and/or endorsements City shall not be obligated, however, to review same or to advise Contractor of any deficiencies in such policies and endorsements, and such receipt shall not relieve Contractor from, or be deemed a waiver of City's right to insist on strict fulfillment of Contractor's obligations under this Agreement. The insurance policies, except Workers Compensation, required by this Agreement, shall name City, its agent, officers, officials and employees as additional insured parties REQUIRED COVERAGE 3 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. In addition, automobile liability coverage of at least $1 million per occurrence or a combined single limit of at least •�. $1,000,000 is required The auto liability policy should contain endorsements for hired autos, non-owned autos and scheduled vehicles, as applicable to the Contractor's business 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 (Not Applicable to Sole Proprietorships) 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 Amok In case any work is subcontracted, Contractor will require subcontractor to provide Workers Compensation and Employer's Liability to at least the same extent as required of Contractor CERTIFICATE OF INSURANCE Prior to commencing work or services under this Agreement, Contractor shall furnish the City with Certificates of Insurance, or formal endorsements as required by Agreement, issued by Contractor's insurer(s), as evidence that policies providing the required coverages, conditions and limits required by this Agreement are in full force and effect In the event any insurance policies required by this Agreement are written on a "claims made" basis, coverage shall extend for two (2) years past completion and acceptance of the Contractor's work or services and as evidenced by annual Certificates of Insurance, to be filed with the City Clerk of City If a policy does expire during the life of the Agreement, a renewal certificate must be sent to City thirty (30) days prior to the expiration date All Certificates of Insurance shall be identified with bid serial number and title. 4 Insurance required herein shall not expire, be canceled, or materially changed without thirty (30) days' prior written notice to City 12 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 13 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 14 SAFETY Contractor and/or its subcontractors shall be solely responsible for job safety at all times 15 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 16 TERMINATION OF CONTRACT If, for any reason, the Contractor shall fail to fulfill in a timely and proper manner its obligations under the contract, or if the Contractor shall violate any of the covenants, agreements, or stipulations of the contract, the City shall thereupon have the right to terminate the contract by giving written notice to the Contractor of such termination and specifying the effective date thereof. Notwithstanding the above, the Contractor shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of the contract by the Contractor The City may terminate the contract at any time by giving at least twenty-four(24) hours notice in writing to the Contractor If the contract is terminated by the City as provided herein, the Contractor will be paid for the time expended and expenses incurred up to the termination date The Contractor may terminate this Agreement should the City fail to pay the Contractor any amount due and owing upon 14 days written prior notice of intent to terminate 17. APPEALS All contractual grievances shall be submitted in writing to the City Manager within five (5) calendar days after the difference of opinion or gnevance occurs relating to any of the provisions of the terms of this Agreement Within five (5) calendar days of receiving a written grievance, the City Manager shall respond in writing to the company The City Manager's decision shall be final and binding, subject only to a further appeal in the Pinal County Superior Court pursuant to A R S § 12-901, et seg 18 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 three (3) years after termination of this Agreement, and shall make such records available during that 5 retention period for examination or audit by City personnel during regular business hours 19. 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. 20 SEVERABILITY: City and Contractor each believe that the execution, delivery and performance of this Agreement are in compliance with all applicable laws However, in the unlikely event that any provision of this Agreement is declared void or unenforceable (or is construed as requiring City to do any act in violation of any applicable laws, including any constitutional provision, law, regulation, or City Code), such provision shall be deemed severed from this Agreement and this Agreement shall otherwise remain in full force and effect, provided that this Agreement shall retroactively be deemed reformed to the extent reasonably possible in such a manner so that the reformed agreement (and any related agreements effective as of the same date) provide essentially the same rights and benefits (economic and otherwise) to the Parties as if such severance and reformation were not required. Unless prohibited by applicable laws, the Parties further shall perform all acts and execute, acknowledge and/or deliver all amendments, instruments and consents necessary to accomplish and to give effect to the purposes of this Agreement, as reformed 21 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. 22 COMPLIANCE WITH FEDERAL AND STATE LAWS. The Contractor understands and acknowledges the applicability to it of the American with Disabilities Act, the Immigration Reform and Control Act of 1986 and the Drug Free Workplace Act of 1989 The following is only applicable to construction contracts The contractor must also comply with A.R S §34-301, "Employment of Aliens on Public Works Prohibited", and A R S § 34-302, as amended, "Residence Requirements for Employees" Under the provisions of A R S §41-4401, Contractor hereby warrants to the City that the Contractor and each of its subcontractors ("Subcontractors")will comply with, and are contractually obligated to comply with, all Federal immigration laws and regulations that relate to their employees and A.R S § 23-214(A) (hereinafter"Contractor Immigration Warranty"). A breach of the Contractor Immigration Warranty shall constitute a material breach of this Contract and shall subject the Contractor to penalties up to and including termination of this Contract at the sole discretion of the City The City retains the legal right to inspect the papers of any Contractor or Subcontractor's employee who works on this Contract to ensure that the Contractor or Subcontractor is complying with the Contractor Immigration Warranty Contractor agrees to assist the City in regard to any such inspections The City may, at its sole discretion, conduct random verification of the employment records of the Contractor and any of Subcontractors to ensure compliance with Contractor's Immigration Warranty Contractor agrees to assist the City in regard to any random verifications performed Neither the Contractor nor any of Subcontractors shall be deemed to have materially breached the Contractor Immigration Warranty if the Contractor or Subcontractor establishes that it has complied with the employment verification provisions prescribed by sections 274A and 274B of the Federal Immigration and Nationality Act and the E-Verify requirements prescribed by A.R S § 23-214, Subsection A 6 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 7 IN WITNESS WHEREOF the parties hereto have caused this Agreement to be signed by their duly authorized representative as of this day of , 2013. Contractor nland Asp alt By: Title. Craig Weems, Vice President of Operations CITY OF APACHE JUNCTION an Arizona municipal corporation By: John S. lnsalaco Title: Mayor ATTEST. Kathleen Connelly City Clerk APPROVED AS TO FORM: Richard J. Stern City Attorney a 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: Bond Number 609002371 That, Sunland, Inc. Asphalt and Sealcoating hereinafter called the Principal) , as Principal, and The Ohio Casualty Insurance Co , 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 Keene, NH (hereinafter called the Surety) are held and firmly bound unto the City of Apache Junction (hereinafter called the Obligee) , in the amount of Two Hundred Ninety Six Thousand Three Hundred Twenty Three & 06n00 Dollars ($ 296,323 . 06 ) , 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 , 2013 to Superstition Villa Subdivision Drainage Improvement which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITIONS OF THIS OBLIGATION IS SUCH, that if the said Principal shall promptly pay all moneys due to all persons supplying labor or materials to Principal or Principal's subcontractors in the prosecution of the work provided for in said contract, this obligation shall be void. Otherwise it remains in full force and effect: PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Title 34, Chapter 2, Article 2, of the Arizona Revised Statutes, all liabilities on this bond shall be determined in accordance with the provisions, conditions and limitations of said Title, Chapter and Article, to the same extent as if they were copies at length herein The prevailing party in a suit on this bond shall recover as part of the judgement reasonable attorney fees as may be fixed by the judge of the court. Witness our hand this 12th day of April 2013. Sunland, Inc. Asphalt and Sealcoating PRINCIPAL SEAL Minard-Ames Insurance Services BY: AGENCY OF RECORD Ck{a=G E ERS, U V. O xr 4646 E Van Buren #200 Phoenix AZ 85008 The Ohio Casualt Insurance Company AGENCY ADDRESS SURETY SEAL Ue) CgtY-) BY: /1 ATTORN Y IN ACT Lori L. Dawson 9 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: Bond Number: 609002371 That, Sunland, Inc. Asphalt and Sealcoating (hereinafter called the Principal) , as Principal, and The Ohio Casualty insurance Co. , 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 Keene, NH (hereinafter called the Surety) are held and firmly bound unto the City of Apache Junction (hereinafter called the Obligee), in the amount of Two Hundred Ninety Six Thousand Three Hundred Twenty Three a 06/100 Dollars ($ 296,323 . 06) , 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 , 2013, 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. Project- Superstition Villa Subdivision Drainage Improvement NOW, THEREFORE, THE CONDITIONS OF THIS OBLIGATION IS SUCH, that if the Principal faithfully performs and fulfills all of the undertakings, covenants, terms, conditions and agreements of the contract during the original term of the contract and any extension of the contract, with or without notice to the surety, and during the life of any guaranty required under the contract, and also performs and fulfills all of the undertakings, covenants, terms, conditions and agreements of all duly authorized modifications of the contract that may hereafter be made, notice of which modifications to the surety being hereby waived, the above obligation is void. Otherwise it remains in full force and effect PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Title 34, Chapter 2, Article 2, of the Arizona Revised Statutes, and all liabilities on this bond shall be determined in accordance with the provisions of Title 34, Chapter 2, Article 2, Arizona Revised Statutes, to the extend as if they were copies at length in this agreement. The prevailing party in a suit on this bond shall recover as part of the judgement reasonable attorney fees as may be fixed by the Judge of the court. Witness our hand this ' day of April , 2013. Sunland, Inc Asphalt and Sealcoating PRINCIPAL SEAL Minard-Ames Insurance Services BY: AGENCY OF RECORD CR.R.T.G E ERS, • Q.pP ' Q,T rota,$ The Ohio Casualty Insurance Company 4646 E Van Buren #200 Phoenix AZ 85008 SURETY AGENCY ADDRESS t r} BY. / tC I , _ / ATTORNEY IN FACT Lori L. Dawson 10 • THIS POWER.OF ATTORNEY IS NO i VALID UNLESS IT IS PRINTED ON'RED BA..,,GROUND, This:Power ofAttorney limits.the acts'of those-tamed herein,andthey'.have.no authority to bind the Company except in.the manner and to the extent herein stated. .Certificate No 5750128 • .American:Fire:and Casualty Company Liberty Mutual Insurance Company . The Ohio CasualtyInsurance Company WestAmencan Insurance Company • POWER OFATTORNEY KNOWNALL.PERSONSS BY THESE PRESENTS. That American Fine&Casualty Company and The Ohio.Casuatty Insurance Company are corporations duly organized under the laws of • the State:of New_Hampsh re;that liberty Mutual.Insurance Company is a.corporation.duly organized under the laws of the State of Massachusetts,and•WestAmerican Insurance Company • lea corporation duly organized under Me laws of the.State of Indiana(herein collectively called the°Companies")),pursuant to:and by authority.herein set forth does hereby nerhe;constitute and.appoint,. Carol.A.•Tab)rte,:Lori L Dawson;Deborah K Anderson;Michael D Specht Steven E.Minard,Mika'.F Cronin;William A Ames • of the city of:Phoenix state of•AZ each individually if there be more than one named,its true anct lawhil:attorney-in-.fact to make,:execute,,seal;acknowledge • ._:and:deliver for and on its behatfas surety:and.as its.act and deed,:any and altundertakings,bonds,recogniiancesand other surety obligations,inpursuance-of these presents and shag be.aabinding upon the Companies asif they have been duly signed.by the president and attested bythe secratary of the Companies in.their own proper persons: . .IN.WITNESS.WHEREOF,.this Power of Attorney has been subsqibed by.an•authorized.officer�.or:official.of the Companies and the.corporate seals of the Companies have been affixed -.: ,thereto this 1st .. _ of,December .•....:...,.2012 - <---,.,� American Fire mpany . as da#r . . t=°:4:: ^o,. 4,��•.:�,Ji�� ��°�. • sr`µ}_:�.s ,.' ar1(E Casualty Co '¢ 0 •.a'.�'`4 r'- 3� :r� i`" ''•�•rA •The Ofiio:Casualt Insurance an •.re,. t..-4-,�� r. sue- h 4.0-.. .r;. , y. Catnip. Y • # i ,,,A(gir .3 1: aR/�` Liberty Mutual Insurance: ompany. a;-: .f .'[- s t9t9. '.a.-' fit' FF� �."� ';C' $� t .af}twt '}; r�4.z .t:.: l .r iri sib '.:_ Yto . 9,-.-i+� , a .-'7 . ▪ r< ." ' ..?7;i': s :,Cl� t..; West American InsuranceCompany 'E .0...C. STATE•OFWASHI •NGTON :ss • Ciregoiy .:Daveriport,.Assistant:3ecretary ,is i 'COUNT`.OF KING co 21 0 to•this. 1st ..day of December 2012.' ,before me personally appeared Gregory W Davenport,who acknowledged himself to be the.Assrstant Secretary of:American re. �. iAci�" 0.6 Fire and Casualty Company,Liberty Mutual:Insurance Company,The Ohio Casualty Company.and West.American Insurance Company and'that he,as:such,being authorized so to.do, •>UJ), G 2 execute the foregoinginstrunientfor:the purposes therein contained•by signing on behalf of the corporatidns•by himself as a dulyauthorrzed officer. WI R • IN WITNESS WHEREOF,I have-hereunto subscribed my name and affixed my notanal seal at Seattle,Washington,on theday and year first above.written p-Qlli i O ` a c KD Riley,Not Public g?_°.ti. � aid ; <asr:; 0. £ c•R This Power of Attorney is made and executed pursuant to and by authonty of the following By-laws and Authorizations of American Fire and Casualty Company,The Ohio Casualty Insurance 0.011 m.; Company,Liberty.Mutual Insurence.Company,and West American Insurance Company which resolutions are now in full force and effect reading as.follows 9.1 0..E. • • •ARTICLE:IV—.OFFICERS-Section 12.:PowerofAttorney Any officer or other official of the Corporation authorized for that purpose in.writing by the.Chairman or the President,and subject p•_l ai-d •to such limitation as the'Chairman or the President may prescribe,Shall.appoint:such attorneys-in-fact,as may be necessary to act in:behalf of the Corporation make,execute seal, ml t � O C acknowledge.•and deliver as surety any and all undertakings bonds recognizances and other surety obligations.Such attorneys-in-fact,.subject to the limitations set forth in their respective:;'a::3i E . veers of attorney shalt have fug:power to•bind the Corporation by their signature and execution of.any such.instruments and to attach.thereto the.seal of the:Corporation-'Wien so '7.: •p., ecuted such'instniments.shall-betas binding as.if signed:by the President and attested to by the:Secretary Any power or.authonty gronted to.any representative or at yin-fact.under > w'L. ine provisions gf this article:may be revoked eery time by the Board;.the Chairman;the President or bythe officer or officers granting.such power or authority. . m' ARTICLE XIIi—• Execution of Contracts SECTION 5.Surety Bonds and Undertakings•Any:officer.of the:Companyauthorized'for that.purpose in writing bythe chairman or the president, •"r .>- and.subject to:such limitations as the chairman or the president May prescribe,shall appoint such:attomeys-in-facts;as maybe necessary to act.in behalf of the Company to make:execute,• . p seat;acknowledge and.deliver as:surety any and all undertakings,bonds,recognizances.and other surety obligations •Such attorneys-in-fact subject to the limitations set forth in their =:o? 2.ct-iespectvepowers:of:attorney shalt heiefuli power tobmdtheCoinpanybytbeir.signatureendexecution:ofanysuchinstiumentsand.toattach thereto-the seal ofthe.Company.1Nben:so O — Ci... . executed:srch.uisirwnentei shalt be as binding as if:signed by the president and attested by the secretary Certificate of Designation:-fihe:President of the Company acting,pursuant to the Bylaws of the:Company,authorizes-Gregory W Davenport Assistant•Secretary to appoint such f •attorneys-inefact es may be necessary to act on:behalf.of.11te eempanyto Make,execute,seal,acknowledge:and'deliver•as surety any and all undertakings;bonds,.recognizances and .... •ottiersuretyobfigahons:. _• .,_ :. .. . - . - ` Authorisation•-,By unanimous consent ofthe Company$Board of Directors,the Company.consente that facsimile or mechan icall.re uced'i nature:of an :assistantsec. Y .P� . � y a�Y o� Company,:wherever appearing upon:a certifie4i0py ofany power of attorney issued by the Company in connection with.surety•bonds,shalt he\Oct and binding upon the Company with : the::same force and effect.asaiked ff .manually�affitted:: • - I David M C• arey .the'unidersi• gned,Assistant:Secretary..of American Fire and Casualty Company;The:Ohio Casualty Insurance Company,Liberty Mutual insura• nce.Com• pany.:and West •.American.lnsurance`Cbmpany do-hereby certify:thatlhe,originalpoWerof:attorneyof which foregoing:is a full true and coriectcopyof the PowerofAttomay executed byeeid•Companies;.-: .,• - • is n fallf rce and;effect andha•s notbeett:•revaked. • . ,t IN:TESTIMONY WHEREOF;.,have hereunto-set my hand and affixed:the sealsofsaid Companies.lhis l�' .day of Ap.n . .20,; 1'2, - '..:.':4?ni;:t`s, -•c .: �rf7r..• ..�S:t.Sitaa .. :1:� `;.r• 1912 tt ,Ti,' i+rvt. la Bj!£i-��i r_ }�, .;:.t. /;.3 '; fv Y . ,,g David:M.Gavessistant Secretary . �• nT:rA. �.: iL C-,g t -,• y , �,...•1 SUNLINC-01 KMCCORMICK AGORE CERTIFICATE OF LIABILITY INSURANCE DATEDAY) 013 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS { CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Kim A McCormick NAME: The Clements Agency,LLC PHONE ( c. o.Ex7.(480)477-5245 rig,No) 480)477-5246 8350E Raintree _...___ Suite 235 ADDRIESS Scottsdale,AZ 85260 INSURER(S)AFFORDINGCOVERAGE NAICii oset„, INSURER A.AMCO Ins Co 19100 INSURED _INSURER B.SCF Premier Sunland,Inc Asphalt&Sealcoating INSURER C•Federal Insurance Company 20281 DBA• Sunland Asphalt,Sunland Leasing,Inc. —^ 775 W Elwood Avenue INSURER D Phoenix,AZ 85041 INSURER E INSURER F COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, 1 EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS INSR( IADDL1SUBR _ 1 POLICY EFF I POLICY EXP LIMITS 1 LTR I TYPE OF INSURANCE _,,._,...... INSR i WVD 1D POLICY NUMBER I(MMDlYYYY) (MM/DD/Y1!Yl'L J GENERAL LIABILITY 1 EACH OCCURRENCE {$ 1,000,0001 (ACP7224505454 7/1/2012 711/2013 DAMAGE PREMISES(Ea occurrence) I S 300,000 A ; X I COMMERCIAL GENERAL LIABILITY X , L.i CLAIMS-MADE X ;OCCUR I I MED EXP(Any one person) S 10,000, I X'Contractual Liab 3 1 PERSONAL&ADV INJURY $ 1,000,000 X $0 ded applies , j I GENERAL AGGREGATE $ 2,000,000. GEN'L AGGREGATE LIMIT APPLIES PER. !PRODUCTS COMP/OP AGG $ 2,000,000' POLICY I X I ECT LOC j _ i COMBINED SINGLE LIMIT AUTOMOBILE LIABILITY I Tsaccidenl),..,,_...,__ 1,000,000' A X ANY AUTO i I IACP72245054544 7/1/2012 7/1/2013 BODILYINJURY(Perperson) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS NON-OWNED PR PERTY DAMAGE X_ HIRED AUTOS X $ _ AUTOS I PER ACCIDENT X $1000 com I X $1000 colt $ X UMBRELLA LIAR )( OCCUR I EACH OCCURRENCE $ 10,000,000' A EXCESS LIAB CLAIMS-MADE ACP7224505454 ' 7/1/2012 7/1/2013 AGGREGATE I$ 10,000,00 WOIRKERS(COMPENSATION Retention I$ 0 DED X j RETENTION$____ X TORY LIMITS I ER I AsJis AND EMPLOYERS'LIABILITY •B ANY PROPRIETOR/PARTNER/EXECUTIVE Y 1 N P10588 7/1/2012 7/1/2013 I E.L EACH ACCIDENT 1$ 1,000,0L OFFICER/MEMBEREXCLUDED? ; NIA (Mandatory In NH) ;El DISEASE-EA EMPLOYEE$ 1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below I E.L DISEASE POLICY LIMIT I$ 1,000,000 C LeasedlRented Equip 0668-61-58 7/1/2012 7/1/2013 $2500 ded 8,764,140' 1 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if more space is required) I Project JOCITCPN-Proj No PWC 2012-09,Superstition Villa Subdivision Drainage Improvement City of Apache Junction,its officers,employees and agents are additional insureds for general liability per written contract. 30 day notice of cancellation applies CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Apache Junction THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ATTN: Shane Kiunc ACCORDANCE WITH THE POLICY PROVISIONS 575 E Baseline Avenue Apache Junction,AZ 85119 !! AUTHORIZED REPRESENTATIVE ©1988-2010 ACORD CORPORATION All rights reserved ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD Ink AOINK 1 spkCrit44. Cl;:" City of Apache Junction U, ' 2 Home of the.Superstition lviousztainc 44,1200. TO City Manager's Office FROM• Emile Schmid P E,Senior Project Engineer DATE: May 7,2013 Agenda Type • Regular Agenda Council Priority Focus Area. Community Infrastructure TITLE OF AGENDA ITEM• Consideration of PW 2010-22B, North Apache Trail Improvements Phase 2,award of bid to Nesbitt Contracting Co , Inc in an amount not to exceed$614,420 26 ACTION REQUESTED. Recommendation for Approval DISCUSSION/BACKGROUND INFORMATION. Staff respectfully requests council approval to enter into contract with Nesbitt Contracting Co , Inc for project PW 2010-22B Phase 2 This project includes vertical curb, sidewalk,ADA accessible ramps, concrete headwalls, drainage grading, streetlights, signing and striping, landscaping and other related improvements FISCAL IMPACT. Budgeted Expenditure OPTIONS/ALTERNATIVES RECOMMENDATION. Approval ATTACHMENTS. Click to download Memo to Council O Contract 010111,i Public Works Department e+ 0/14/44e4 444a4:00, Home of the Superstition Mountains '�Rrzo� April 3,2013 Memorandum to. Honorable Mayor and Members of the Council Through. George Hoffman,City Manager Giao Pham P E,Director of Public Works From. Emile Schmid P.E., Senior Project Engineer Regarding: Award of Bid for Project PW 2010-22B North Apache Trail Improvements Phase 2 Seven bid proposals were received and opened on Wednesday,March 13,2013. Fifteen construction firms were represented at a mandatory Pre-Bid Meeting held February 20,2013 The bids ranged from $585,162.15 to$787,062 00 This project includes vertical curb,sidewalk,ADA accessible ramps,concrete headwalls,drainage grading, streetlights, signing and striping,landscaping,and other related improvements Work is scheduled to be completed by August 31,2012. Base Bid Opening Summary Base Bid Bid Alt#1 Bid Alt#2 Total Val-E West Construction,Inc $481,480 75 $85,950.00 $107,604 10 $675,034 85 Nesbitt Contracting Co , Inc $379,011.40 $85,592 25 $120,558.50 $585,162.15 Visus,Inc $454,900.00 $81,000.00 $96,000.00 $631,900 00 AJP Electric,Inc $420,635 85 $114,735.00 $120,909.85 $656,280 70 J Banicki Construction,Inc $410,184.05 $99,000.00 $115,241 95 $624,426.00 Standard Construction $502,851.25 $93,000 00 $163,318.00 $759,169.25 B&F Contracting, Inc $506,760 00 $152,595 00 $127,707.00 $787,062 00 Engmeenng Opinion of Probable Cost The Public Works Department recommends award to Nesbitt Contracting Co,Inc for their bid,in the amount of$585,162.15. RECOMMENDED MOTION: I MOVE TO AWARD BID PW2010-22B TO NESBITT CONTRACTING CO.,INC.IN THE AMOUNT OF$585,162.15,PLUS 5% FOR UNFORESEEN CHANGE ORDERS,$29,258.11, FOR A TOTAL OF$614,420.26. 575 E Baseline Avenue, Apache Junction, AZ 85119 • Voice (480) 982-1055 • FAX (480)983-5752 or(480)982-8005 Exhibit L City OF MACRE JC a AGREEMENT MR NORTH APACHE TRAIL IMPROVEMENTS APACHE TRAIL TO IDAHO ROAD, PHASE 2 PROJECT PW 2010-22B THIS AGREEMENT made and entered into byand between the Cityof Apache jft P Junction, an Arizona municipal corporation ("City") and Nesbitt .,ontracting Co. , Inc. , an Arizona corporation ("Contractor") . RECITALS A. In response to City' s Notice Inviting Bid Proposals dated January 30, 2013, and any addendums applicable thereto, Contractor submitted a proposal dated, March 13, 2013, in which Contractor asserts its willingness, ability and qualifications to provide this work and service. B. City has complied with the public bidding requirements under Arizona Revised Statute Title 34 and Apache Junction City code Article 3-7 . C. City and Contractor desire to set forth herein their respective responsibilities and the manner and terms upon which Contractor shall render the services . NOW, THEREFORE, City retains Contractor to perform, and Contractor agrees to render the services in accordance with the terms and conditions set forth below: AGREEMENT 1 . PROJECT DESCRIPTION: 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. PW2010-22B, on file with the Public Works Department, which includes the following scope of work: This federally funded Community Development Block Grant project, North Apache improvements (Phase 2) will include the following: vertical curb, sidewalk, ADA accessible ramps, concrete headwalls, drainage grading, streetlights, signing and striping, and other street related improvements . All work shall be completed in accordance with the following (hereinafter referred to as the Contract Documents) : 1) the construction plans entitled "City of Apache Junction public Works Department North Apache Trail Improvements, Project Number PW 2010-22B"; 2) the latest "Uniform Standard Specifications and Details for Public Works Construction" by the Maricopa Association of Governments; and 3) Engineering Standards and Details of the City of Apache Junction, all of which are hereinafter referred to as the Contract Documents 1 1 2 . PAYMENTS & C .PLETION: The contract n shall be the total amount payable by City to the Contractor in the total amount of Five Hundred Eighty Five Thousand One Hundred Sixty Two Dollars and Fifteen Cents ($585, 162 . 15) for the performance of the work under the contract documents except for changes authorized by properly executed change orders . Upon notice that the work is ready for final inspection or acceptance, City representatives shall promptly cause to be made an inspection. When City finds the work acceptable under the Contract Documents, City shall promptly submit for processing a certificate for payment stating that to the best of their knowledge, information and belief and on the basis of its observation and inspection, the work has been completed in accordance with the terms and conditions of the Contract Documents and that partial payment or the entire balance due the Contractor is payable. No final payment shall become due until the Contractor submits to the all required lien waivers, poilk releases and any other data establishing payment or satisfaction of all Contractor' s obligations . If any Subcontractor refuses to furnish a release or waiver required by City, Contractor may furnish a bond satisfactory to the City to indemnify City against any such lien. If any such lien remains unsatisfied after all payments are made, Contractor shall refund to City all monies that the latter may be compelled to pay in discharging such liens, including all costs and reasonable attorneys fees . 3 . CONTRACT TIME : Contractor hereby fixes the time for beginning work no later than May 21, 2013 as, with completion no later than August 31, 2013 . Upon failure to complete work within the time specified, the Contractor shall pay as liquidated damages for the loss of use of the benefit of this project the sum as provided in Table 108 of the M.A.G. Specifications per day for each day the work remains unfinished. This provision does not limit the liability of Contractor for actual damages sustained by the City as a result of any breach of contract or warranty by the Contractor. 4 . INDEPENDENT Contractor : Contractor shall at all times during Contractor' s performance of the services retain Contractor' s status as an independent Contractor Contractor' s employees shall under no circumstances be considered or held to be employees or agents of City, and City shall have no obligation to pay or withhold state or federal taxes, or provide workers compensation or unemployment insurance for or on behalf of them or Contractor. Contractor shall supervise and direct the work to be done using its best skill and attention. Except as provided in this e 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, Subcontractor' s and their agents and employees and other persons performing any of the work under any contract document. 5 . LABOR AND MATERIALS : Unless otherwise provided in the contract documents, Contractor shall provide, pay and insure under the requisite laws and regulations for all labor, materials, equipment, tools and machinery, water, heat, utilities, transportation, other facilities and services necessary for the proper execution and completion of the work whether temporary or permanent, and whether or not incorporated or to be incorporated in the work. 6 . INSPECTIONS AND QUALITY OF WORK : Contractor understands and specifically agrees that all work is to be performed pursuant to Maricopa Association of Governments specifications and details, ( "MAG" specifications and details" ) with City' s additions . Contractor agrees 2 that it will conduceNt least one pre-constructer meeting before any work commences . While performing the services, Contractor shall exercise the reasonable professional care and skill customarily exercised by reputed members of Contractor' s profession practicing in the Phoenix metropolitan area, and shall use reasonable diligence and best judgment while exercising its professional skill and expertise. Contractor shall also be responsible for all errors and omissions Contractor commits in the performance of this Agreement. Contractor understands and agrees that inspection of the work being performed hereunder will occur by City. Contractor agrees that City will have the exclusive right to determine, in its sole discretion, whether the work has been performed in accordance with the Contract Documents, including MAG specifications and details . Contractor further agrees to make such corrections to the work as may be directed by City to conform to olloaid Contract Documents including MAG specifications and details, without 'requirement of Change Order or any additional charge or cost to City whatsoever. Contractor further agrees to make such corrections to the work within the time for completion of work as specified in Section 3 above and shall not be entitled to additional time for completion of work for any correction work needed to be performed hereunder. Failure to perform correction work within the time to complete work as provided in Section 3 shall subject Contractor to liquidated damages as provided therein. 7 . WARRANTY : Contractor shall guarantee the work against defective workmanship or materials for a period of one year from the date of its final acceptance under the contract; ordinary wear and tear and unusual abuse or neglect excepted. Any omission on the part of City to condemn defective work or materials at the time of construction shall not be deemed an acceptance and Contractor will be required to correct defective work or materials at any time before final acceptance . Within one year from the date of final acceptance due to faults in workmanship or materials, the Contractor shall begin making the necessary repairs to the satisfaction of City within fourteen (14) calendar days of receipt of written notice from City. Such work shall include the repair or replacement of other work or materials damaged or affected by making the above repairs or corrective work all at no additional cost to City. In the case of work materials or equipment for which warranties are required by the special provisions, Contractor shall provide or secure from the appropriate Subcontractor or supplier such warranties addressed to and in favor of City and deliver same to City prior to final acceptance of the /work. Delivery of such warranties shall not relieve Contractor from any .Abligation assumed under any other provision of the contract. The warranties and guarantees provided in this subsection of the contract documents shall be in addition to and not in limitation of any other warrantees, guarantees or remedies required by law, and shall survive the expiration of this Agreement for the time period mentioned above . If the Contractor fails within a reasonable time to replace or repair any portion of the work deemed to be needed, the City may cause said work to be done and the Contractor agrees to pay all costs incurred, or the 'City may use the Warranty Bond to pay for costs incurred. 8 . TAXES: Contractor shall pay all license, sales, consumer, use and other similar taxes for the work or portions thereof provided by Contractor which are legally enacted at the time bids are received whether or not yet effective or subsequently applicable due to acts of jurisdictions or bodies other than City. 9. PERMITS & FEES : Unless otherwise provided in the contract documents, Contractor shall secure and pay for all permits, governmental 3 fees, licenses and inspd'ions necessary for the prc r execution and completion of work which are customarily secured after execution of the contract and which are legally required. Contractor shall give all notices and comply with all laws, ordinances, rules, regulations and lawful orders of any public authority bearing on the performance of the work. City permits for this work will be provided to Contractor at no cost. Contractor understands that the activity described herein constitutes "doing business in the City of Apache Junction" and Contractor agrees to obtain a business tax license pursuant to Article 8-5 of the Apache Junction City Code from the City Clerk' s Office and keep such license current during the term of this Agreement and after termination of this Agreement any time work is performed pursuant to the warranty provisions set forth in Section 5 . Any activity by Subcontractor' s within the corporate City limits, will invoke the same business tax regulations on agm% Subcontractor' s, and Contractor ensures its Subcontractor' s will obtain ai ' required business tax license. 10 . SUPERINTENDENT . Contractor shall employ a competent project superintendent who shall be in attendance at the project site during the progress of the work. The superintendent shall represent and be the community agent of Contractor and communications given to the superintendent shall be as binding as if given to Contractor. Important communications shall be confirmed in writing. The designated superintendent' s contact information shall be provided to the Public Works Director or his designee in writing within five (5) working days after execution of this Agreement. 11 . PROGRESS SCHEDULE : Contractor shall, immediately after entering into this Agreement, reaffirm the estimated progress schedule as submitted with the bid proposal . Said progress schedule shall be maintained and updated during the project. 12 . INDEMNIFICATION: To the fullest extent permitted by law, Contractor shall defend, indemnify and hold harmless City, its elected and appointed officers, officials, agents, and employees from and against any and all liability including but not limited to demands, claims, actions, fees, costs and expenses, including attorney and expert witness fees, arising from or connected with or alleged to have arisen from or connected with, relating to, arising out of, or alleged to have resulted from the acts, errors, mistakes, omissions, work or services of Contractor, its emN agents, employees, or any tier of Contractor' s subcontractors in the performance of this Agreement. Contractor' s duty to defend, hold harmless and indemnify City, its Special Districts, elected and appointed officers, officials, agents, and employees shall arise in connection with any tortious claim, damage, loss or expense that is attributable to bodily injury, sickness, disease, death, or injury to, impairment, or destruction of property including loss of use resulting therefrom, caused by an Contractor' s acts, errors, mistakes, omissions, work or services in the performance of this Agreement including any employee of Contractor, 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 4 substitutions for a Subcontractor, person or ' City previously selected without the approval of City. 14 . APPLICABLE LAW AND VENUE . The terms and conditions of this Agreement shall be governed by and interpreted in accordance with the laws of the State of Arizona. Any action at law or in equity brought by either Party for the purpose of enforcing a right or rights provided for in this Agreement, shall be tried in a court of competent jurisdiction in Pinal County, State of Arizona. The Parties hereby waive all provisions of law providing for a change of venue in such proceeding to any other county. In the event either Party shall bring suit to enforce any term 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: all -litigation and appeal expenses, collection expenses, attorneys' reasonable g PP P enses fe es, necessary witness fees and court costs to be determined by the court in such action. 15 . INSURANCE : Contractor, at its own expense, shall purc hase 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 Jf 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. 5 emN The insurance policies, except Workers Compensation and Professional Liability, required by this Agreement, shall name City, its Mayor, Council, appointees, agents, officers, officials and employees as additional insured parties . REQUIRED COVERAGE Commercial General Liability Contractor shall maintain Commercial General Liability insurance with a limit of not less than $1, 000, 000 for each occurrence with a $2, 000, 000 Products/Completed Operations Aggregate and a $2, 000, 000 General Aggregate Limit. The policy shall include coverage for bodily injury, broad form property damage, personal injury, products and completed operations and blanket contractual coverage including, but not limited to, the liability assumed under the indemnification provisions of this Agreement which coverage will be at least as broad as Insurance Service Office, Inc. Policy Form CG 00011-03 or any replacement thereof. Such policy shall contain a severability of interest provision, and shall not contain a sunset provision or commutation clause, nor any provision which would serve to limit third party action over claims . The Commercial General Liability additional insured endorsement shall be at least as broad as the Insurance Service Office Inc. ' s Additional Insured Form CG 20101185, and shall include coverage for Contractor' s operations and products and completed operations . If required by this Agreement, if Contractor sublets any part of the work, services or operations, Contractor shall purchase and maintain, at all times during prosecution of the work, services or operations under this Agreement, an Owner and Contractor' s Protective Liability insurance policy for bodily injury and property damage, including death, which may arise in the prosecution of the Contractor' s work, service or operations under this Contract. Coverage shall be on an occurrence basis with a limit not less than $1, 000, 000 per occurrence, and the policy shall be issued by the same insurance company that issues Contractor' s General Liability insurance. Workers' Compensation Contractor shall carry Workers Compensation insurance to cover obligations imposed by federal and state statutes having jurisdiction of Contractor' s employees engaged in the performance of the work or services; and Employer' s Liability insurance of not less than $100, 000 for each accident, $100, 000 disease for each employee, and $500, 000 disease policy limit. In case any work is subcontracted, Contractor will require all Subcontractors to provide Workers Compensation and Employer' s Liability to at least the same extent as required of Contractor. Professional Liability If deemed applicable by the City Attorney, Contractor will maintain Professional Liability insurance covering acts, errors, mistakes and omissions arising out of the work or services performed by Contractor, or any person employed by Contractor, with a limit of not less than $1, 000, 000 each claim. 6 CERTIFICATE OF INS ANCE 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. Lf a policy does expire during the life of the Agreement, a renewal certificate must be sent to City thirty (30) calendar days prior to the expiration date and all required insurance shall not expire, be cancelled, or materially changed without a minimum thirty (30) calendar days written notice to City from Contractor. All Certificates of Insurance shall be identified with bid serial number and title . At the close of the project when the work has been accepted by the City, the Contractor shall provide a Warranty Bond in the amount of ten percent (100) of the Performance Bond. The Warranty Bond shall be held by the City during Warranty Period. 16 . CHANGE ORDERS : This is a Lump Sum Contract. However, change orders may be processed as delineated herein. A change order is a written order to Contractor, approved by the Director of Public Works, issued after execution of the contract authorizing a change in the work or an adjustment in the contract sum or the contract time. A change order signed by Contractor indicates its agreement therewith. City may, without invalidating the contract, order changes in the work within the general scope of the contract consisting of additions, deletions or other revisions, the contract sum and the contract being adjusted accordingly. All such changes in the work shall be authorized by change order and shall be performed under the applicable conditions of the contract documents. City' s Director of Public Works shall have authority to order minor changes in the work not involving an adjustment in the contract sum or extension of contract time and not inconsistent with the intent of the contract . ocuments . All such changes shall be effected by written order and shall be binding upon City and Contractor. 17 . SUCCESSORS & ASSIGNS : City and Contractor each bind themselves, their partners, successors, assigns and legal representatives to the other party hereto and to the partners, successors, assigns and legal representatives of such other party in respect to all covenants, agreements and obligations contained in the contract documents. Neither party to the contract shall assign the contract or sublet it as a whole without the written consent of the other, nor shall the Contractor assign any monies due or to become due to or to become due to it without the previous written consent of City. 18 . WRITTEN NOTICE : Written notice shall be deemed to have been duly served if delivered in person to the individual or member of the firm or entity, or to an office of the corporation for whom it was intended or if delivered at or sent registered or certified mail, return receipt requested, and first class postage prepaid to the last business address known to them who gives the notice. 7 emsf[ 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 faithfulperformance of the contract and the payment of all obligations P Y g 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 . eiN 21 . SAFETY : Except as provided herein with respect to trench excavation and traffic regulations, Contractor and/or its Subcontractors shall be solely responsible for job safety at all times . 22 . RIGHTS & REMEDIES : The duties and obligations imposed by the contract documents and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. No action or failure to act by City or Contractor shall constitute a waiver of any right or duty afforded any of them under the contract, nor shall any action or failure to act constitute an approval of or an acquiescence to any breaches thereunder except as may be specifically agreed to in writing. 23 . FORCE MAJEURE : Neither City nor Contractor, as the case may be, shall be considered not to have performed its obligations under this Agreement in the event of enforced delay (an "Enforced Delay") due to causes beyond its control and without its fault or negligence or failure to comply with applicable laws, including, but not restricted to, acts of God, fires, floods, epidemics, pandemics, quarantine, restrictions, embargoes, labor disputes, and unusually severe weather or the delays of subcontractors or materialmen due to such causes, acts of a public enemy, war, terrorism or act of terror (including but not limited to bio-terrorism or eco-terrorism) , nuclear radiation, blockade, insurrection, riot, labor strike or interruption, extortion, sabotage, or similar occurrence or any exercise of the power of eminent domain of any governmental body on behal9rl of any public entity, or a declaration of moratorium or similar hiatus (whether permanent or temporary) by any public entity directly affecting the obligations under this Agreement. In no event will Enforced Delay include any delay resulting from unavailability for any reason of labor shortages, or the unavailability for any reason of particular Contractors, subcontractors, vendors or investors desired by Contractor in connection with the obligations under this Agreement. Contractor agrees that Contractor alone will bear all risks of delay which are not Enforced Delay. In the event of the occurrence of any such Enforced Delay, the time or times for performance of the obligations of the Party claiming delay shall be extended for a period of the Enforced Delay; provided, however, that the Party seeking the benefit of the provisions of this Section shall, within thirty (30) calendar days after such Party knows or should know of any such Enforced Delay, first notify the other Party of the specific delay in writing and claim the right to an extension for the period of the Enforced Delay; and provided further that in no event shall a period of Enforced Delay exceed ninety (90) calendar days . 8 24 . TERMINATI A. TERMINATION BY CITY. City shall be permitted to terminate this Agreement if in the discretion of the Public Works Director or his or her designee, believes Contractor has failed to meet the terms of this Agreement. City shall provide Notice of Termination to Contractor by Certified U. S . Mail ten (10) calendar days before such termination takes effect. B. TERMINATION BY CONTRACTOR: Contractor may terminate this Agreement if City fails to make payment as agreed upon in this document. Any other termination will be deemed a breach of contract by Contractor. 011 Contractor shall provide Notice of Termination to City by Certified U. S. Mail ten (10) calendar days before such termination takes effect. 25 . 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 five (5) 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 . 26 . 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 . 27 . SEVERABILITY : City and Contractor each believe that the execution, delivery and performance of this Agreement are in compliance with all applicable laws However, in the unlikely event that any provision of this Agreement is declared void or unenforceable (or is construed as requiring City to do any act in violation of any applicable laws, including any constitutional provision, law, regulation, or City Code) , such provision shall be deemed severed from this Agreement and this Agreement shall otherwise remain in full force and effect; provided that Ant.his Agreement shall retroactively be deemed reformed to the extent easonably possible in such a manner so that the reformed agreement (and any related agreements effective as of the same date) provide essentially the same rights and benefits (economic and otherwise) to the Parties as if such severance and reformation were not required. Unless prohibited by applicable laws, the Parties further shall perform all acts and execute, acknowledge and/or deliver all amendments, instruments and consents necessary to accomplish and to give effect to the purposes of this Agreement, as reformed. 28 . CONFLICT OF INTEREST . The provisions of A.R.S. § 38-511 relating to cancellation of contracts due to conflicts of interest shall apply to this contract. 29 . COMPLIANCE WITH FEDERAL AND STATE LAWS : Contractor understands and acknowledges the applicability of the American with Disabilities Act, the Immigration Reform and Control Act of 1986 and the Drug Free Workplace Act of 1989 to the services performed under this Agreement. 9 As required by A.R. S . § -4401, Contractor hereby ti rants its compliance with all federal immigration laws and regulations that relate to its employees and A.R. S . § 23-214 (A) . Contractor further warrants that after hiring an employee, Contractor will verify the employment eligibility of the employee through the E-Verify program. If Contractor uses any subcontractors in performance of services, subcontractors shall warrant their compliance with all federal immigration laws and regulations that relate to its employees and A.R. S . § 23-214 (A) , and subcontractors shall further warrant that after hiring an employee, such subcontractor verifies the employment eligibility of the employee through the E-Verify program. A breach of this warranty shall be deemed a material breach of the Agreement that is subject to penalties up to and including termination of this Agreement . Contractor is subject to a penalty of $100 per day for the — first violation, $500 per day for the second violation, and $1, 000 per dal, for the third violation . City at its option may terminate this Agreement after the third violation. Contractor shall not be deemed in material breach of this Agreement if the Contractor and/or subcontractors establish compliance with the employment verification provisions of Sections 274A and 274B of the federal Immigration and Nationality Act and the E-Verify requirements contained in A.R. S . § 23-214 (A) . City retains the legal right to inspect the papers of any Contractor or subcontractor employee who works under this Agreement to ensure that the Contractor or subcontractor is complying with the warranty. Any inspection will be conducted after reasonable notice and at reasonable times . If state law is amended, the Parties may modify this paragraph consistent with state law. IN WITNESS WHEREOF the parties hereto have caused this Agreement to be signed by their duly authorized representative as of this day of , 2013 . By: Title : STATE OF ARIZONA ) ss . COUNTY OF ) The foregoing instrument was acknowledged before me this day of 2013, by as Contractor in the above-referenced Agreement. 10 Witness my hanc"nd official seal . My Commission Expires : Notary Public 3e pS 11 City OF APACHE JUNCTION an Arizona municipal corporation By: JOHN S . INSALACO Its MAYOR ems ATTEST. Kathleen Connelly City Clerk APPROVED AS TO FORM: Richard J. Stern City Attorney STATE OF ARIZONA ) ss . COUNTY OF PINAL ) The foregoing instrument was acknowledged before me this day of , 2013, 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 12 STATURORY PAYMENT BOND PURSUANT TO 21I'IE 34, CHAPTER 2, ARTICLE 2, OF THE ARIZCNA REVISED STATUTES (Penalty of this Bond MJST be 100% of the Contract Amount) KNO.A7 ALL NEN BY 'ITS PRESENTS. Mat, called the Principal), as Principal, and , a carpany /corporation holding a Certificate of Authority to transact surety b'siness in the State of Arizona as issued by the Director of the DEpartmant 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 finely bound unto the City of Apache Junction (hereinafter cal led the Chi i gee), in the atrrunt of Collars ars ($ ), for the payrrent whereof, the said Principal and Surety bind themselves, their heirs, administrators, ^executors, successors and assigns, jointly and severally, finely by these presents. WHEREAS, the Principal has enured into a certain written contract with the (hiigee, dated_day of , 2012 to which contract is hereby referred to and nude a part hereof as fully and to the sane extent as if copied at length herein. Mg, THEREFORE, THE CaND1TICNS OF THIS CELIaniTICN IS SUCH, that if the said Principal shall pruTptly pay all moneys due to all persons supplying labor or materials to Principal or Principal's Slab-Contractors in the prosecution of the work provided for in said contract, this ch11 gaticn shall be void use it remains in full force and effect. PKVItED, IEVEVER, 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 crpies at length herein The prevailing party an a suit on this hid shall recover as part of the judgrent reasonable attorney fees as nay be fated by the judge of the court. Witness our hard this day of , 2013. H fl'CIPAL SEAL BY: PEENLY OF RECORD PEENEY ASS SUREIY SEAL BY• 13 STATCTI _ PEREDRAANCE BOND PURSUANT TO Till A, CHAPTER 2, ARTICLE 2, OF THE ARIZONA REVISED STATUTES (Penalty of this Bond MIST be 100% of the Contract .knDunt) KNEW ALL NEN BY THESE F ESENIS: 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 "MS day of ,20 _ to which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITIONS OF THIS OBLIGATION IS SUCH, that if the Principal faithfully performs and fulfills all of the undertakings, covenants, terms, conditions and agreements of the contract during the original term of the contract and any extension of the contract, with or without notice to the surety, and during the life of any guaranty required under the contract, and also performs and fulfills all of the undertakings, covenants, terms, conditions and agreements of all duly authorized modifications of the contract that may hereafter be made, notice of which modifications to the surety being hereby waived, the above obligation is void Otherwise it remains in full force and effect PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Title 34, Chapter 2, Article 2, of the Arizona Revised Statutes, and all liabilities on this bond shall be determined in accordance with the provisions of Title 34, Chapter 2, Article 2, Arizona Revised Statutes, to the extend as if they were copies at length in this agreement. The prevailing party in a suit on this bond shall recover as part of the judgment reasonable attorney fees as may be fixed by the judge of the court. Witness our hand this day of , 20 PRIN,ZPAL SEAL BY: A 'Y OF PEENCY ADLItESS SUREIy P BY. ATICRNEY IN FTET 14 CITY OF APACHE JUNCTIOr� WARRANTY BOND PROJECT NO.PW2010-22B BOND NO PREMIUM NO WHEREAS, the City of Apache Junction (hereafter "City") and (hereafter "Principal") have entered into an agreement ("Agreement") dated - , 20 , whereby Principal agreed to install and complete certain designated public improvements as a condition of relating to •�. at Principal's own expense and which Agreement is iereby referred to and made a part hereof, and WHEREAS, Principal is required under the terms of the Agreement to furnish warranty security for the work performed pursuant to the Agreement in the amount of ten percent (10%) of the original amount of the security deposit to guarantee replacement and repair of the improvements as described in the Agreement for a period of one year following final acceptance of said improvements NOW, THEREFORE, we, Principal, and ("Surety"), are held and firmly bound unto City in the penal sum of ($ ) lawful money of the United States, for the payment of which we bind ourselves, our heirs, successors, executors, and administrators, jointly and severally The condition of this obligation is such that if Principal shall indemnify City for all loss that City may sustain by reason of any defective materials or workmanship which become apparent during the period of one year from and after acceptance of the improvements by the City, then this obligation shall be null and void, otherwise, this obligation shall remain in full force and effect As a part of the obligation secured hereby and in addition to the face amount specified, costs and reasonable expenses and fees shall be included, including reasonable attorneys' fees incurred by City in successfully enforcing the obligation, all to be taxed as costs and included in any judgment rendered. Surety shall provide City with thirty (30) days' written notice of Principal's default prior to Surety terminating, ,suspending or revoking the bond. In witness whereof, this instrument has been duly executed by Principal's and Surety on , 20 . Principal Surety By — Attorney-in-Fact Address 15 oraN City OF APALC]E JtN TION PROJECT NO. FM2010-223 CERTIFICATE OF INSURANCE the certifies that the following ounce policies have been issued an behalf of: NN"E OF MIRED:D: ADIIZESS OF INSURED: Type of Policy Effect. Fpire Limits of Insurance Nrrier Date Late 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 ems— Title : SUBSCRIBED AND SWORN TO before me this day of .2013 by as Insurer. Notary Public My Commission Expires 16 apACH ✓ 5 `yo City o f Apache Junction Home of the.Super:stztien Mountains '4Qlzos0' TO• City Manager's Office FROM: Emile Schmid P.E ,Senior Project Engineer DATE: May 7,2013 Agenda Type • Regular Agenda Council Priority Focus Area Community Infrastructure TITLE OF AGENDA ITEM- Consideration of PW 2012-06, Old West Highway Sidewalk Improvements,award of bid to Visus, Inc in an amount not to exceed $110,250 00 ACTION REQUESTED• Recommendation for Approval DISCUSSION/BACKGROUND INFORMATION. Staff respectfully requests council approval to enter into contract with Visus, Inc for project PW 2012- 06 Old West Highway Sidewalk Improvements This project includes curb and gutter, sidewalk installation, drainage and other street related improvements FISCAL IMPACT. Budgeted Expenditure OIN OPTIONS/ALTERNATIVES. RECOMMENDATION Approval ATTACHMENTS. Click to download O Memo to Council 0 Contract ACID. ORIlkp Public Works Department a/7 ofilivese4114ise"gesos Neap Home of the Superstition Mountains ARIzokv Apn13,2013 Memorandum to Honorable Mayor and Members of the Council Through. George Hoffman,City Manager Giao Pham P.E.,Director of Public Works From Emile Schmid P E,Senior Project Engineer Regarding Award of Bid for Project PW 2012-06 Old West Highway Sidewalk Improvements Five bid proposals were received and opened on Wednesday,March 20,2013. Seven construction firms were represented at a mandatory Pre-Bid Meeting held March 6,2013. The base bids ranged from $105,000.00 to$135,362 00 This project includes curb&gutter,sidewalk installation,drainage, and other street related improvements Work is scheduled to be completed by August 31,2013. Base Bid Opening Summary Total Visus,Inc $105,000 00 Standard Construction $107,795 00 AJP Electric $114,968 50 eIN RK Sanders $125,488.00 Nesbitt Contracting Co.,Inc $135,362.00 Engineenng Opinion of Probable Cost $137,399 00 The Public Works Department recommends award to Visus,Inc for their bid,in the amount of $105,000.00. RECOMMENDED MOTION: I MOVE TO AWARD BID PW2012-06 TO VISUS,INC.IN THE AMOUNT OF$105,000.00,PLUS 5% FOR UNFORESEEN CHANGE ORDERS,$5,250.00, FOR A TOTAL OF$110,250.00. 575 E Baseline Avenue, Apache Junction, AZ 85119 • Voice (480) 982-1055 • FAX (480)983-5752 or(480) 982-8005 Exhibit L City CF AP ACHE JUNEETCN AGREEMENT RR OLD WEST HIGHMY SIDEWALK IMPROVEMENTS PROTECT PW 2012-06 THIS AGREEMENT made and entered into by and between the City of Apache Junction, an Arizona municipal corporation ("City") and Visus, Inc. , an ^Arizona corporation ("Contractor") . RECITALS A. In response to City' s Notice Inviting Bid Proposals dated February 20, 2013, and any addendums applicable thereto, Contractor submitted a proposal dated, March 20, 2013, in which Contractor asserts its willingness, ability and qualifications to provide this work and service. B. City has complied with the public bidding requirements under Arizona Revised Statute Title 34 and Apache Junction City code Article 3-7 . C. City and Contractor desire to set forth herein their respective responsibilities and the manner and terms upon which Contractor shall render the services . NOW, THEREFORE, City retains Contractor to perform, and Contractor agrees to render the services in accordance with the terms and conditions set forth below: AGREEMENT 1 . PROJECT DESCRIPTION: 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. PW2012-06, on file with the Public Works elijepartment, which includes the following scope of work: This federally funded Community Development Block Grant project, Old West Highway Sidewalk Improvements will include the following: curb & gutter, sidewalk, drainage, and other street related improvements . All work shall be completed in accordance with the following (hereinafter referred to as the Contract Documents) : 1) the construction plans entitled "Old West Highway Sidewalk Improvements, Project Number PW 2012-06, 2) the latest "Uniform Standard Specifications and Details for Public Works Construction" by the Maricopa Association of Governments; and 3) Engineering Standards and Details of the City of Apache Junction, all of which are hereinafter referred to as the Contract Documents . 2 . PAYMENTS & COMPLETION: The contract sum shall be the total amount payable by City to the Contractor in the amount of One Hundred Five Thousand Dollars and No Cents ($105, 000 . 00) for the performance of the work 1 under the contract docur \s except for changes auttkized by properly executed change orders . Upon notice that the work is ready for final inspection or acceptance, City representatives shall promptly cause to be made an inspection. When City finds the work acceptable under the Contract Documents, City shall promptly submit for processing a certificate for payment stating that to the best of their knowledge, information and belief and on the basis of its observation and inspection, the work has been completed in accordance with the terms and conditions of the Contract Documents and that partial payment or the entire balance due the Contractor is payable. No final payment shall become due until the Contractor submits to the all required lien waivers, releases and any other data establishing payment or satisfaction of all Contractor' s obligations. If any Subcontractor refuses to furnish a release or waiver required by City, Contractor may furnish a bond satisfactory to the City to indemnify City ems against any such lien. If any such lien remains unsatisfied after all payments are made, Contractor shall refund to City all monies that the latter may be compelled to pay in discharging such liens, including all costs and reasonable attorneys fees . 3 . CONTRACT TIME : Contractor hereby fixes the time for beginning work no later than May 21, 2013 and completion no later than August 31, 2013 . Upon failure to complete work within the time specified, the Contractor shall pay as liquidated damages for the loss of use of the benefit of this project the sum as provided in Table 108 of the M.A.G Specifications per day for each day the work remains unfinished. This provision does not limit the liability of Contractor for actual damages sustained by the City as a result of any breach of contract or warranty by the Contractor. 4 . INDEPENDENT Contractor. Contractor shall at all times during Contractor' s performance of the services retain Contractor' s status as an independent Contractor. Contractor' s employees shall under no circumstances be considered or held to be employees or agents of City, and City shall have no obligation to pay or withhold state or federal taxes, or provide workers compensation or unemployment insurance for or on behalf of them or Contractor Contractor shall supervise and direct the work to be done using its best skill and attention. Except as provided in this Agreement, Contractor shall be solely responsible for all construction means, methods, techniques, sequences and procedures, and for coordinating all portions of the work required by the contract documents . Contractor ems shall be responsible to City for the acts and omissions of its employees, Subcontractor' s and their agents and employees and other persons performing any of the work under any contract document. 5 . LABOR AND MATERIALS : Unless otherwise provided in the contract documents, Contractor shall provide, pay and insure under the requisite laws and regulations for all labor, materials, equipment, tools and machinery, water, heat, utilities, transportation, other facilities and services necessary for the proper execution and completion of the work whether temporary or permanent, and whether or not incorporated or to be incorporated in the work. 6 . INSPECTIONS AND QUALITY OF WORK: Contractor understands and specifically agrees that all work is to be performed pursuant to Maricopa Association of Governments specifications and details, ( "MAG" specifications and details" ) with City' s additions . Contractor agrees that it will conduct at least one pre-construction meeting before any work commences . While performing the services, Contractor shall exercise the reasonable professional care and skill customarily exercised by reputed 2 members of Contracts profession practicing i he Phoenix metropolitan area, and shall use reasonable diligence and best judgment while exercising its professional skill and expertise. Contractor shall also be responsible for all errors and omissions Contractor commits in the performance of this Agreement. Contractor understands and agrees that inspection of the work being performed hereunder will occur by City. Contractor agrees that City will have the exclusive right to determine, in its sole discretion, whether the work has been performed in accordance with the Contract Documents, including MAG specifications and details . Contractor further agrees to make such corrections to the work as may be directed by City to conform to said Contract Documents including MAG specifications and details, without requirement of Change Order or any additional charge or cost to City whatsoever. Contractor further agrees to make such corrections to the work iithin the time for completion of work as specified in Section 3 above and shall not be entitled to additional time for completion of work for any correction work needed to be performed hereunder. Failure to perform correction work within the time to complete work as provided in Section 3 shall subject Contractor to liquidated damages as provided therein. 7 . WARRANTY: Contractor shall guarantee the work against defective workmanship or materials for a period of one year from the date of its final acceptance under the contract; ordinary wear and tear and unusual abuse or neglect excepted. Any omission on the part of City to condemn defective work or materials at the time of construction shall not be deemed an acceptance and Contractor will be required to correct defective work or materials at any time before final acceptance. Within one year from the date of final acceptance due to faults in workmanship or materials, the Contractor shall begin making the necessary repairs to the satisfaction of City within fourteen (14) calendar days of receipt of written notice from City. Such work shall include the repair or replacement of other work or materials damaged or affected by making the above repairs or corrective work all at no additional cost to City. In the case of work materials or equipment for which warranties are required by the special provisions, Contractor shall provide or secure from the appropriate Subcontractor or supplier such warranties addressed to and in favor of City and deliver same to City prior to final acceptance of the work. Delivery of such warranties shall not relieve Contractor from any obligation assumed under any other provision of the contract. The warranties and guarantees provided in this subsection of the contract "ocuments shall be in addition to and not in limitation of any other garrantees, guarantees or remedies required by law, and shall survive the expiration of this Agreement for the time period mentioned above. If the Contractor fails within a reasonable time to replace or repair any portion of the work deemed to be needed, the City may cause said work to be done and the Contractor agrees to pay all costs incurred, or the 'City may use the Warranty Bond to pay for costs incurred. 8 . TAXES : Contractor shall pay all license, sales, consumer, use and other similar taxes for the work or portions thereof provided by Contractor which are legally enacted at the time bids are received whether or not yet effective or subsequently applicable due to acts of jurisdictions or bodies other than City. 9. PERMITS & FEES : Unless otherwise provided in the contract documents, Contractor shall secure and pay for all permits, governmental fees, licenses and inspections necessary for the proper execution and completion of work which are customarily secured after execution of the contract and which are legally required. Contractor shall give all notices 3 and comply with all lawsnordinances, rules, regulat ins and lawful orders of any public authority bearing on the performance of the work. City permits for this work will be provided to Contractor at no cost. Contractor understands that the activity described herein constitutes "doing business in the City of Apache Junction" and Contractor agrees to obtain a business tax license pursuant to Article 8-5 of the Apache Junction City Code from the City Clerk' s Office and keep such license current during the term of this Agreement and after termination of this Agreement any time work is performed pursuant to the warranty provisions set forth in Section 5 . Any activity by Subcontractor' s within the corporate City limits, will invoke the same business tax regulations on any Subcontractor' s, and Contractor ensures its Subcontractor' s will obtain any required business tax license. eN 10 . SUPERINTENDENT . Contractor shall employ a competent project superintendent who shall be in attendance at the project site during the progress of the work. The superintendent shall represent and be the community agent of Contractor and communications given to the superintendent shall be as binding as if given to Contractor. Important communications shall be confirmed in writing. The designated superintendent' s contact information shall be provided to the Public Works Director or his designee in writing within five (5) working days after execution of this Agreement. 11 . PROGRESS SCHEDULE : Contractor shall, immediately after entering into this Agreement, reaffirm the estimated progress schedule as submitted with the bid proposal . Said progress schedule shall be maintained and updated during the project. 12 . INDEMNIFICATION: To the fullest extent permitted by law, Contractor shall defend, indemnify and hold harmless City, its elected and appointed officers, officials, agents, and employees from and against any and all liability including but not limited to demands, claims, actions, fees, costs and expenses, including attorney and expert witness fees, arising from or connected with or alleged to have arisen from or connected with, 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 in the performance of this Agreement. Contractor' s duty to defend, hold harmlesr and indemnify City, its Special Districts, elected and appointed officers, officials, agents, and employees shall arise in connection with any tortious claim, damage, loss or expense that is attributable to bodily injury, sickness, disease, death, or injury to, impairment, or destruction of property including loss of use resulting therefrom, caused by an Contractor' s acts, errors, mistakes, omissions, work or services in the performance of this Agreement including any employee of Contractor, 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. 4 14 . APPLICABLE^AW AND VENUE : The terms /N conditions of this Agreement shall be governed by and interpreted in accordance with the laws of the State of Arizona. Any action at law or in equity brought by either Party for the purpose of enforcing a right or rights provided for in this Agreement, shall be tried in a court of competent jurisdiction in Pinal County, State of Arizona. The Parties hereby waive all provisions of law providing for a change of venue in such proceeding to any other county. In the event either Party shall bring suit to enforce any term 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: all litigation and appeal expenses, collection expenses, reasonable attorneys' imkrees, necessary witness fees and court costs to be determined by the court _n such action. 15 . INSURANCE : Contractor, at its own expense, shall purchase and maintain the herein stipulated minimum insurance with companies duly licensed in the State of Arizona, possessing a current A.M. Best, Inc. Rating of B++6, or approved unlicensed in the State of Arizona with policies and forms satisfactory to City. All insurance required herein shall be maintained in full force and effect until all work or service required to be performed under the terms of the Agreement is satisfactorily completed and formally accepted; failure to do so may, at the sole discretion of the City constitute a material breach of this Agreement. Contractor' s insurance shall be primary insurance as respect to City, and any insurance or self-insurance maintained by City shall not contribute to it. Any failure to comply with the claim reporting provisions of the insurance policies or any breach of an insurance policy warranty shall not affect coverage afforded under the insurance policies to protect City. The insurance policies, except Workers Compensation, shall contain waiver of transfer rights of recovery (subrogation) against City, its agents, officers, officials and employees for any claims arising out of ,/'contractor' s acts, errors, mistakes, omissions, work or services . The insurance policies may provide coverage which 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, 5 appointees, agents, offs` rs, officials and employe 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 ems coverage will be at least as broad as Insurance Service Office, Inc. Police Form CG 00011-03 or any replacement thereof Such policy shall contain a severability of interest provision, and shall not contain a sunset provision or commutation clause, nor any provision which would serve to limit third party action over claims . The Commercial General Liability additional insured endorsement shall be at least as broad as the Insurance Service Office Inc. ' s Additional Insured Form CG 20101185, and shall include coverage for Contractor' s operations and products and completed operations . If required by this Agreement, if Contractor sublets any part of the work, services or operations, Contractor shall purchase and maintain, at all times during prosecution of the work, services or operations under this Agreement, an Owner and Contractor' s Protective Liability insurance policy for bodily injury and property damage, including death, which may arise in the prosecution of the Contractor' s work, service or operations under this Contract. Coverage shall be on an occurrence basis with a limit not less than $1, 000, 000 per occurrence, and the policy shall be issued by the same insurance company that issues Contractor' s General Liability insurance. Workers' Compensation Contractor shall carry Workers Compensation insurance to cover obligations imposed by federal and state statutes having jurisdiction of Contractor' s " employees engaged in the performance of the work or services; and Employer' s Liability insurance of not less than $100, 000 for each accident, $100, 000 disease for each employee, and $500, 000 disease policy limit. In case any work is subcontracted, Contractor will require all Subcontractors to provide Workers Compensation and Employer' s Liability to at least the same extent as required of Contractor. Professional Liability If deemed applicable by the City Attorney, Contractor will maintain Professional Liability insurance covering acts, errors, mistakes and omissions arising out of the work or services performed by Contractor, or any person employed by Contractor, with a limit of not less than $1, 000, 000 each claim CERTIFICATE OF INSURANCE 6 Prior to commencing ^rk or services under thisreement, 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. At the close of the project when the work has been accepted by the City, the Contractor shall provide a Warranty Bond in the amount of ten percent (10%) of the Performance Bond. The Warranty Bond shall be held by the City during Warranty Period. 16 . CHANGE ORDERS : This is a Lump Sum Contract. However, change orders may be processed as delineated herein. A change order is a written order to Contractor, approved by the Director of Public Works, issued after execution of the contract authorizing a change in the work or an adjustment in the contract sum or the contract time A change order signed by Contractor indicates its agreement therewith. City may, without invalidating the contract, order changes in the work within the general scope of the contract consisting of additions, deletions or other revisions, the contract sum and the contract being adjusted accordingly. All such changes in the work shall be authorized by change order and shall be performed under the applicable conditions of the contract documents . City' s Director of Public Works shall have authority to order minor changes in the work not involving an adjustment in the contract sum or extension of contract time and not inconsistent with the intent of the contract documents . All such changes shall be effected by written order and shall /1e binding upon City and Contractor 17 . SUCCESSORS & ASSIGNS : City and Contractor each bind themselves, their partners, successors, assigns and legal representatives to the other party hereto and to the partners, successors, assigns and legal representatives of such other party in respect to all covenants, agreements and obligations contained in the contract documents . Neither party to the contract shall assign the contract or sublet it as a whole without the written consent of the other, nor shall the Contractor assign any monies due or to become due to or to become due to it without the previous written consent of City. 18 . WRITTEN NOTICE • Written notice shall be deemed to have been duly served if delivered in person to the individual or member of the firm or entity, or to an office of the corporation for whom it was intended or if delivered at or sent registered or certified mail, return receipt requested, and first class postage prepaid to the last business address known to them who gives the notice. 7 19 . CLAIMS FOR DAES : Should either party J F i 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 eN excavation and traffic regulations, Contractor and/or its Subcontractors shall be solely responsible for job safety at all times . 22 . RIGHTS & REMEDIES : The duties and obligations imposed by the contract documents and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. No action or failure to act by City or Contractor shall constitute a waiver of any right or duty afforded any of them under the contract, nor shall any action or failure to act constitute an approval of or an acquiescence to any breaches thereunder except as may be specifically agreed to in writing. 23 . FORCE MAJEURE : Neither City nor Contractor, as the case may be, shall be considered not to have performed its obligations under this Agreement in the event of enforced delay (an "Enforced Delay") due to causes beyond its control and without its fault or negligence or failure to comply with applicable laws, including, but not restricted to, acts of God, fires, floods, epidemics, pandemics, quarantine, restrictions, embargoes, labor disputes, and unusually severe weather or the delays of subcontractors or material men due to such causes, acts of a public enemy, war, terrorism or act of terror (including but not limited to bio-terrorism or eco-terrorism) , nuclear radiation, blockade, insurrection, riot, labor strike or interruption, extortion, sabotage, or similar occurrence or any exercise of the power of eminent domain of any governmental body on behalf of any public entity, or a declaration of moratorium or similar hiatus ems (whether permanent or temporary) by any public entity directly affecting the obligations under this Agreement. In no event will Enforced Delay include any delay resulting from unavailability for any reason of labor shortages, or the unavailability for any reason of particular Contractors, subcontractors, vendors or investors desired by Contractor in connection with the obligations under this Agreement. Contractor agrees that Contractor alone will bear all risks of delay which are not Enforced Delay In the event of the occurrence of any such Enforced Delay, the time or times for performance of the obligations of the Party claiming delay shall be extended for a period of the Enforced Delay; provided, however, that the Party seeking the benefit of the provisions of this Section shall, within thirty (30) calendar days after such Party knows or should know of any such Enforced Delay, first notify the other Party of the specific delay in writing and claim the right to an extension for the period of the Enforced Delay; and provided further that in no event shall a period of Enforced Delay exceed ninety (90) calendar days. 24 . TERMINATION: 8 A. TERMINATION BY CITY: City shall be permitted to terminate this Agreement if in the discretion of the Public Works Director or his or her designee, believes Contractor has failed to meet the terms of this Agreement City shall provide Notice of Termination to Contractor by Certified U. S . Mail ten (10) calendar days before such termination takes effect. B. TERMINATION BY CONTRACTOR: Contractor may terminate this Agreement if City fails to make payment as agreed upon in this document Any other termination will be deemed a breach of contract by Contractor. Contractor shall provide Notice of Termination to City by Certified U. S. Mail ten (10) calendar days before such termination takes effect. 25. 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 five (5) 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 . 26. 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 . 27 SEVERABILITY: City and Contractor each believe that the execution, delivery and performance of this Agreement are in compliance with all applicable laws . However, in the unlikely event that any provision of this Agreement is declared void or unenforceable (or is construed as requiring City to do any act in violation of any applicable laws, including any constitutional provision, law, regulation, or City Code) , such provision shall be deemed severed from this Agreement and this Agreement shall otherwise remain in full force and effect; provided that this Agreement shall retroactively be deemed reformed to the extent reasonably possible in such a manner so that the reformed agreement (and ny related agreements effective as of the same date) provide essentially the same rights and benefits (economic and otherwise) to the Parties as if such severance and reformation were not required. Unless prohibited by applicable laws, the Parties further shall perform all acts and execute, acknowledge and/or deliver all amendments, instruments and consents necessary to accomplish and to give effect to the purposes of this Agreement, as reformed. 28 . CONFLICT OF INTEREST: The provisions of A.R.S . § 38-511 relating to cancellation of contracts due to conflicts of interest shall apply to this contract. 29. COMPLIANCE WITH FEDERAL AND STATE LAWS : Contractor understands and acknowledges the applicability of the American with Disabilities Act, the Immigration Reform and Control Act of 1986 and the Drug Free Workplace Act of 1989 to the services performed under this Agreement. 9 As required by A.R.S . § ^-4401, Contractor hereby rants its compliance with all federal immigration laws and regulations that relate to its employees and A.R.S. § 23-214 (A) . Contractor further warrants that after hiring an employee, Contractor will verify the employment eligibility of the employee through the E-Verify program. If Contractor uses any subcontractors in performance of services, subcontractors shall warrant their compliance with all federal immigration laws and regulations that relate to its employees and A.R. S . § 23-214 (A) , and subcontractors shall further warrant that after hiring an employee, such subcontractor verifies the employment eligibility of the employee through the E-Verify program. A breach of this warranty shall be deemed a material breach of the Agreement that is subject to penalties up to and including termination of this Agreement Contractor is subject to a penalty of $100 per day for the emIN first violation, $500 per day for the second violation, and $1, 000 per dal. for the third violation. City at its option may terminate this Agreement after the third violation. Contractor shall not be deemed in material breach of this Agreement if the Contractor and/or subcontractors establish compliance with the employment verification provisions of Sections 274A and 274B of the federal Immigration and Nationality Act and the E-Verify requirements contained in A.R S . § 23-214 (A) . City retains the legal right to inspect the papers of any Contractor or subcontractor employee who works under this Agreement to ensure that the Contractor or subcontractor is complying with the warranty. Any inspection will be conducted after reasonable notice and at reasonable times If state law is amended, the Parties may modify this paragraph consistent with state law. IN WITNESS WHEREOF the parties hereto have caused this Agreement to be signed by their duly authorized representative as of this day of , 2013 . By: Title: STATE OF ARIZONA ss . COUNTY OF The foregoing instrument was acknowledged before me this day of 2013, by as Contractor in the above-referenced Agreement. Witness my hand and official seal. 10 My Commission Eires : Notary Public OIN OIN 11 City OF APACHE JUNCTION an Arizona municipal corporation By: JOHN S . INSALACO Its MAYOR ATTEST: Kathleen Connelly City Clerk APPROVED AS TO FORM: Richard J. Stern City Attorney STATE OF ARIZONA ) ss . COUNTY OF PINAL ) /1 The foregoing instrument was acknowledged before me this day of , 2013, 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 12 STAT MIRY PANT ECM PURSUANT TO TITLE 34, COPIER 2, ARTICLE 2, OF THE ARIZONA REVISED STATUTES (Penalty of this Bond MIST be 100% of the Contract Amount) R[ W AIL NEN BY ThFSE PRESENTS. That, (hereinafter cal led the Pr pal), as Principal, and , a carpany /coLpJraticr holder a Certificate of Authority to transact surety h isiness in the State of Arizona as issued by the Director of the Department of Insurance pursuant to Title 20, (raptor 2, Article 1, with its principal office in the City of (hereinafter cal led the Surety) are held and firmly bound unto the City of Apache Junction (hereinafter cal led the Obi i gee), in the amount of Dollars ($ ), for the pay ent vdre eof, the Said Principal and Surety bind themselves, their heirs, Mors, Mors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered into a certain written contract with the Chl i gee, dated_day of , 2012 to which contract is hereby referred to and Trade a part hereof as fully and to the same extent as if copied at length herein. N31, THMEECRE, THE C CNDITICNS OF THIS (PT,TC,'A7.'IQN IS SUCH, that if the cm d Principal shall prarptly pay all moneys dde to al pexscrs supplying labor or materials to Principal or Principal's Sub-Contractors in the prcsecution of the work provided for in Sa;d contract, this chl;gaticn shall be void. Otherwise it remains in full force and effect. PFON.ILED, } EVER, 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 linatations of Said Title, Chapter and Article, to the sane extent as if they were copies at length herein. The prevailing party in a suit on this bond shall recover as part of the juch rent reasonable attorney fees as nay be fixed by the judge of the court. Witness cur hand this day of , 2013 PRI NaCPAL SEAL BY. PAY OF RECORD A '\1CY ADDS SURELY SEAL BY: 13 STATU. : PERFORMANCE BOND PURSUANT TO TIT_ 34, CHAPTER 2, ARTICLE 2, OF THE ARIZWAFENTSED STAT(TTE'S (Penalty of this Bond MJST be 100% of the Contract An unt) R 3 ALL MiN BY THESE PRESENTS That, (hereinafter called the Principal) , as Principal, and , a company /corporation holding a Certificate of Authority to transact surety business in the State of Arizona as issued by the Director of the Department of Insurance pursuant to (hereinafter called the Surety) are held and firmly bound unto the City of Apache Junction (hereinafter called the Obligee) , in the amount of Dollars ($ ) , for the payment whereof, the said Principal and Surety bind themselves, their heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated day of ,20 _ to which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein NOW, THEREFORE, THE CONDITIONS OF THIS OBLIGATION IS SUCH, that if the Principal faithfully performs and fulfills all of the undertakings, covenants, terms, conditions and agreements of the contract during the original term of the contract and any extension of the contract, with or without notice to the surety, and during the life of any guaranty required under the contract, and also performs and fulfills all of the undertakings, covenants, terms, conditions and agreements of all duly authorized modifications of the contract that may hereafter be made, notice of which modifications to the surety being hereby waived, the above obligation is void. Otherwise it remains in full force and effect. PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Title 34, Chapter 2, Article 2, of the Arizona Revised Statutes, and all liabilities on this bond shall be determined in accordance with the provisions of Title 34, Chapter 2, Article 2, Arizona Revised Statutes, to the extend as if they were copies at length in this agreement. The prevailing party in a suit on this bond shall recover as part of the judgment reasonable attorney fees as may be fixed by the judge of the court. Witness our hard this day of , 20 PRINuIPAL SEAL EY- PEENCY OF RED ALENCY ADEF SS MEIY BY. ATICRNEY IN FPET 14 .•. r. CITY OF APACHE JUNCTION WARRANTY BOND PROJECT NO.PW2012-06 BOND NO. PREMIUM NO. WHEREAS, the City of Apache Junction (hereafter "City") and (hereafter"Principal") have entered into an agreement ("Agreement") dated - , 20 , whereby Principal agreed to install and complete certain designated public improvements as a condition of relating to + at Principal's own expense and which Agreement is iereby referred to and made a part hereof, and WHEREAS, Principal is required under the terms of the Agreement to furnish warranty security for the work performed pursuant to the Agreement in the amount of ten percent (10%) of the original amount of the security deposit to guarantee replacement and repair of the improvements as described in the Agreement for a period of one year following final acceptance of said improvements NOW, THEREFORE, we, Principal, and ("Surety"), are held and firmly bound unto City in the penal sum of ($ ) lawful money of the United States, for the payment of which we bind ourselves, our heirs, successors, executors, and administrators, jointly and severally The condition of this obligation is such that if Principal shall indemnify City for all loss that City may sustain by reason of any defective materials or workmanship which become apparent during the period of one year from and after acceptance of the improvements by the City, then this obligation shall be null and void; otherwise, this obligation shall remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified, costs and reasonable expenses and fees shall be included, including reasonable attorneys' fees incurred by City in successfully enforcing the obligation, all to be taxed as costs and included in any judgment rendered. Surety shall provide City with thirty (30) days' written notice of Principal's default prior to Surety terminating, ,.suspending or revoking the bond. In witness whereof, this instrument has been duly executed by Principal's and Surety on , 20_ Principal Surety By Attorney-in-Fact Address 15 City OF APPLHE JtN'TICt PRCa3ECT NO. W2012-06 CERTIFICATE OF INSURANCE IY�e certifies that the following insurance policies have been issued on bebaif of NPNE OF METED: ADDRESS OF INSURED. Type of Policy Fffect. Expire Limits of Insurance Marl er Late Date T i ablllty 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 /Completed Operations Liability 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 ,2013 by as Insurer. Notary Public My Commission Expires. 16 �p ACHf 04.sit C i of Apache Junction 2 Home 0/the.Superstition Mountains 4gtZOl4t+ TO• City Manager's Office FROM• Shane Kiesow, Public Works Manager DATE May 7,2013 Agenda Type Regular Agenda Council Priority Focus Area Community Infrastructure TITLE OF AGENDA ITEM Consideration of entering into contract with J Banicki Construction, Inc for street and drainage improvements for Grand Drive, Ocotillo Drive and Main Drive in an amount not to exceed $681,626 01 ACTION REQUESTED. Recommendation for Approval DISCUSSION/BACKGROUND INFORMATION. Staff respectfully requests consideration of entering into an agreement with J Banicki Construction, Inc for street and drainage improvements for Grand Drive, Ocotillo Drive and Main Drive bounded by Broadway Avenue and Apache Trail The work will be under the City of Peoria Cooperative Contract #ACON42011 for a total not to exceed amount of$681,626 01 This work is in partial fulfillment of fiscal year's 2012-13 and 2013-14 Street Maintenance Plans i^ FISCAL IMPACT. Budgeted Expenditure OPTIONS/ALTERNATIVES. RECO MMENDATION• Approval ATTACHMENTS. Click to download 0 Memo to Council 0 Agreement PiCHEv 41 Public Works Department eo+ 11,4Me% litisetzets Home of the Superstition Mountains 4RizoO 4' DATE April 24, 2013 TO. Honorable Mayor and Members of the City Council THRU George Hoffman, City Manager Giao Pham P E , Director of Public Works FROM Shane Kiesow, Public Works Manager SUBJECT Consideration of Contract with J Banicki Construction, Inc Staff would like City Council to give consideration for approval to allow the Mayor to enter into contract with J Banicki Construction, Inc for street and drainage improvements for Grand Drive, Ocotillo Drive, and Main Drive bounded by Broadway Avenue and Apache Trail The work will be under the City of Peoria Cooperative Contract#ACON42011 for $619,660 01 with a 10% contingency of $61,966 00 for a total not to exceed amount of$681,626 01. Project is planned to start later this month and be substantially complete by the end of July. 575 E Baseline Avenue, Apache Junction, AZ 85119 • Voice (480) 982-1055 • FAX (480) 983-5752 or(480) 982-8005 11. CITY OF APACHE JUNCTION AGREEMENT FOR MATERIALS AND LABOR PROJECT NO. PWC2012-02 "GRAND DRIVE, OCOTILLO DRIVE, & MAIN DRIVE ROAD IMPROVEMENTS" THIS AGREEMENT made and entered into by and between The CITY OF APACHE JUNCTION, an Arizona municipal corporation ("City"), and J BANICKI CONSTRUCTION, INC., an Arizona corporation ("Contractor"), hereinafter collectively referred to as the 'Parties", or individually as a "Party" RECITALS A Contractor asserts its willingness, ability and qualifications to provide the work and service called for in City of Peoria Job Order Contract ("JOC") #ACON42011, in which Contractor asserts its willingness, ability and qualifications to provide this work and service B City and Contractor desire to set forth herein their respective responsibilities and the manner and terms upon which Contractor shall render the services C City has complied with the public bidding requirements under Arizona Revised Statute Title 34 and Apache Junction City Code ("A J C C ") Article 3-7, Procurement Procedure, and this agreement is categorically exempt under A.J.C.C. Article 3-7-4(E)(1) from the council approval process 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 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 City of Peoria JOC #ACON42011 and Contractor's cost proposal dated April 17, 2013, see "Attachment A", including but not limited to. A Removal of existing pavement B Regrade and compact base course C Regrade/reconstruct residential driveways D. Install erosion protection for roadway and concrete E Traffic control 2 PRICES Prices shall be governed under City of Peoria JOC #ACON42011 for the performance of the work under the contract documents with a total amount not to exceed $619,660.01. 3 CONTRACT TERM. Beginning May 8, 2013 through and including July 31, 2013. Renewals shall only be allowed as mutually agreed upon in writing by the Parties 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, 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 TAXES. Contractor shall pay all license, sales, consumer, use and other similar taxes for 1 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 6 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 privilege tax license pursuant to Article 8-2 of the Apache Junction City Code and keep such license current during the term of this Agreement 7 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 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 8 INDEMNIFICATION To the fullest extent permitted by law, Contractor shall defend, indemnify and hold harmless City, its elected and appointed officers, officials, agents, and employees from and against any and all liability including but not limited to demands, claims, actions, fees, costs and expenses, including attorney and expert witness fees, arising from or connected with or alleged to have arisen from or connected with, 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 in the performance of this Agreement Contractor's duty to defend, hold harmless and indemnify City, its Special Districts, elected and appointed officers, officials, agents, and employees shall arise in connection with any tortious claim, damage, loss or expense that is attributable to bodily injury, sickness, disease, death, or injury to, impairment, or destruction of property including loss of use resulting therefrom, caused by an Contractor's acts, errors, mistakes, omissions, work or services in the performance of this Agreement including any employee of Contractor, any tier of Contractor's subcontractor or any other person for whose acts, errors, mistakes, omissions, work or services Contractor may be legally liable 9. ENFORCED DELAYS (FORCE MAJEURE) Neither City nor Contractor, as the case may be, shall be considered not to have performed its obligations under this Agreement in the event of enforced delay (an "Enforced Delay") due to causes beyond its control and without its fault or negligence or failure to comply with Applicable Laws, including, but not restricted to, acts of God, fires, floods, epidemics, pandemics, quarantine, restrictions, embargoes, labor disputes, and unusually severe weather or the delays of subconsultants or matenalmen due to such causes, acts of a public enemy, war, terrorism or act of terror (including but not limited to bio-terrorism or eco-terrorism), nuclear radiation, blockade, insurrection, riot, labor strike or interruption, extortion, sabotage, or similar occurrence or any exercise of the power of eminent domain of any governmental body on behalf of any public entity, or a declaration of moratorium or similar hiatus (whether permanent or temporary) by any public entity directly affecting the Project In no event will Enforced Delay include any delay resulting from unavailability for any reason of labor shortages, or the unavailability for any reason of particular consultants, subconsultants, vendors or investors desired by Contractor in connection with the Project Contractor agrees that Contractor alone will bear all risks of delay which are not Enforced Delay In the event of the occurrence of any such Enforced Delay, the time or times for performance of the obligations of the Party claiming delay shall be extended for a period of the Enforced Delay, provided, however, that the Party seeking the benefit of the provisions of this Section shall, within thirty (30) calendar days after such Party knows or should know of any such Enforced Delay, first notify the other 2 Party of the specific delay in writing and claim the right to an extension for the period of the Enforced Delay; and provided further that in no event shall a period of Enforced Delay exceed ninety (90) calendar days 10. GOVERNING LAW AND VENUE The terms and conditions of this Agreement shall be governed by and interpreted in accordance with the laws of the State of Arizona Any action at law or in equity brought by either Party for the purpose of enforcing a right or rights provided for in this Agreement, shall be tried in a court of competent jurisdiction in Pinal County, State of Arizona The Parties hereby waive all provisions of law providing for a change of venue in such proceeding to any other county In the event either Party shall bring suit to enforce any terms of this Agreement or to recover any damages for and on account of the breach of any term or condition in this Agreement, it is mutually agreed that the prevailing Party in such action shall recover all costs including reasonable ..•. attorney fees to be determined by the court in such action 11 INSURANCE Contractor, at its own expense, shall purchase and maintain the minimum insurance and other additional requirements set forth herein. 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 Contractor to secure payment of such deductibles or self-insured retentions by a Surety Bond or an irrevocable and unconditional letter of credit City reserves the right to request and to receive within ten (10) working days, certified copies of any or all of the herein required insurance policies and/or endorsements City shall not be obligated, however, to review same or to advise Contractor of any deficiencies in such policies and endorsements, and such receipt shall not relieve Contractor from, or be deemed a waiver of City's right to insist on strict fulfillment of Contractor's obligations under this Agreement The insurance policies, except Workers Compensation, required by this Agreement, shall name City, its agent, officers, officials and employees as additional insured parties REQUIRED COVERAGE Commercial General Liability Contractor shall maintain Commercial General Liability insurance with a limit of not less than $1,000,000 for each occurrence with a $2,000,000 Products/Completed Operations Aggregate and a $2,000,000 General Aggregate Limit The policy shall include coverage for bodily injury, broad form property damage, personal injury, products and completed operations and blanket contractual coverage including, but not limited to, the liability assumed under the indemnification provisions of this Agreement which coverage will be at least as broad as Insurance Service Office, Inc Policy Form CG 00011-93 or 3 any replacement thereof In addiuon, automobile liability coverage of at least $1,000,000 per occurrence or a combined single limit of at least $1,000,000 is required. The auto liability policy should contain endorsements for hired autos, non-owned autos and scheduled vehicles, as applicable to the Contractor's business. 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 (Not Applicable to Sole Proprietorships) Contractor shall carry Workers Compensation insurance to cover obligations imposed by federal and state statutes having jurisdiction of Contractor's employees engaged in the performance of the work or services, and Employer's Liability insurance of not less than $100,000 for each accident, $100,000 disease for each employee, and $500,000 disease policy limit In case any work is subcontracted, Contractor will require subcontractor to provide Workers Compensation and Employer's Liability to at least the same extent as required of Contractor CERTIFICATE OF INSURANCE Prior to commencing work or services under this Agreement, Contractor shall furnish the City with Certificates of Insurance, or formal endorsements as required by Agreement, issued by Contractor's insurer(s), as evidence that policies providing the required coverages, conditions and limits required by this Agreement are in full force and effect In the event any insurance policies required by this Agreement are written on a "claims made" basis, coverage shall extend for two (2) years past completion and acceptance of the Contractor's work or services and as evidenced by annual Certificates of Insurance, to be filed with the City Clerk of City. If a policy does expire during the life of the Agreement, a renewal certificate must be sent to City thirty (30) calendar 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) calendar days' prior written notice to City 12. 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 4 13 WRITTEN NuTICE 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 14 SAFETY Contractor and/or its subcontractors shall be solely responsible for job safety at all times 15 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 16 TERMINATION OF CONTRACT If, for any reason, the Contractor shall fail to fulfill in a timely and proper manner its obligations under the contract, or if the Contractor shall violate any of the covenants, agreements, or stipulations of the contract, the City shall thereupon have the right to terminate the contract by giving written notice to the Contractor of such termination and specifying the effective date thereof Notwithstanding the above, the Contractor shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of the contract by the Contractor. The City may terminate the contract at any time by giving at least twenty-four (24) hours notice in writing to the Contractor If the contract is terminated by the City as provided herein, the Contractor will be paid for the time expended and expenses incurred up to the termination date. The Contractor may terminate this Agreement should the City fail to pay the Contractor any amount due and owing upon 14 calendar days written prior notice of intent to terminate 17 APPEALS All contractual grievances shall be submitted in writing to the City Manager within five (5) calendar days after the difference of opinion or grievance occurs relating to any of the provisions of the terms of this Agreement Within five (5) calendar days of receiving a written grievance, the City Manager shall respond in writing to the company. The City Manager's decision shall be final and binding, subject only to a further appeal in the Pinal County Superior Court pursuant to A.R.S. § 12-901, et seq. 18 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 three (3) 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 19 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 20. SEVERABILITY: City and Contractor each believe that the execution, delivery and performance of this Agreement are in compliance with all applicable laws However, in the unlikely event that any provision of this Agreement is declared void or unenforceable (or is construed as requiring City to do any act in violation of any applicable laws, including any constitutional provision, law, regulation, or City Code), such provision shall be deemed severed from this Agreement and this Agreement shall otherwise remain in full force and effect, provided that this Agreement shall retroactively be deemed reformed to the extent reasonably possible in such a manner so that the 5 reformed agreement (and any related agreements effective as of the same date) provide essentially the same rights and benefits (economic and otherwise) to the Parties as if such severance and reformation were not required. Unless prohibited by applicable laws, the Parties further shall perform all acts and execute, acknowledge and/or deliver all amendments, instruments and consents necessary to accomplish and to give effect to the purposes of this Agreement, as reformed 21 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. 22 COMPLIANCE WITH FEDERAL AND STATE LAWS The Contractor understands and acknowledges the applicability to it of the American with Disabilities Act, the Immigration Reform and Control Act of 1986 and the Drug Free Workplace Act of 1989. The following is only applicable to construction contracts The contractor must also comply with A R S § 34-301, "Employment of Aliens on Public Works Prohibited", and A R S § 34-302, as amended, "Residence Requirements for Employees" Under the provisions of A.R S § 41-4401, Contractor hereby warrants to the City that the Contractor and each of its subcontractors ("Subcontractors") will comply with, and are contractually obligated to comply with, all Federal immigration laws and regulations that relate to their employees and A R S § 23-214(A) (hereinafter"Contractor Immigration Warranty"). A breach of the Contractor Immigration Warranty shall constitute a material breach of this Contract and shall subject the Contractor to penalties up to and including termination of this Contract at the sole discretion of the City The City retains the legal right to inspect the papers of any Contractor or Subcontractor's employee who works on this Contract to ensure that the Contractor or Subcontractor is complying with the Contractor Immigration Warranty Contractor agrees to assist the City in regard to any such inspections The City may, at its sole discretion, conduct random verification of the employment records of the Contractor and any of Subcontractors to ensure compliance with Contractor's Immigration Warranty Contractor agrees to assist the City in regard to any random verifications performed. Neither the Contractor nor any of Subcontractors shall be deemed to have materially breached the Contractor Immigration Warranty if the Contractor or Subcontractor establishes that it has complied with the employment verification provisions prescribed by sections 274A and 274B of the Federal Immigration and Nationality Act and the E-Verify requirements prescribed by A R S § 23-214, Subsection A The provisions of this Article must be included in any contract the Contractor enters into with any and all of its Subcontractors who provide services under this Contract or any subcontract "Services" are defined as furnishing labor, time or effort in the State of Arizona by a contractor or subcontractor Services include construction or maintenance of any structure, building or transportation facility or improvement to real property 6 p /.. IN WITNESS WHEREOF the Parties hereto have caused this Agreement to be signed by their duly authorized representative as of this day of , 2013 Contractor: J Banicki Construction, Inc By. Title .•. CITY OF APACHE JUNCTION an Arizona municipal corporation By John S Insalaco Title Mayor ATTEST Kathleen Connelly City Clerk ,.... APPROVED AS TO FORM: Richard J Stern City Attorney 7 _ STATE OF ) ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of 2013, by , as of J Banicki Construction, Inc Notary Public My commission expires STATE OF ARIZONA ) ) ss COUNTY OF PINAL ) The foregoing was acknowledged before me this day of , 2013, by George Hoffman, as City Manager of the City of Apache Junction, an Arizona municipal corporation. Notary Public My commission expires 8 STATLLORY PAYMENT BOND PURSUANT � ) 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 , 2013 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 subcontractors in the prosecution of the work provided for in said contract, this obligation shall be void. Otherwise it remains in full force and effect. PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Title 34, Chapter 2, Article 2, of the Arizona Revised Statutes, all liabilities on this bond shall be determined in accordance with the provisions, conditions and limitations of said Title, Chapter and Article, to the same extent as if they were copies at length herein The prevailing party in a suit on this bond shall recover as part of the judgment reasonable attorney fees as may be fixed by the judge of the court. Witness our hand this day of , 2013. PRINCIPAL SEAL BY- AGENCY OF RECORD AGENCY ADDRESS SURETY SEAL BY. ATTORNEY IN FACT 9 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 ($ ) , emIN for the payment whereof, the said Principal and Surety bind themselves, their heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated day of , 20 to which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITIONS OF THIS OBLIGATION IS SUCH, that if the Principal faithfully performs and fulfills all of the undertakings, covenants, terms, conditions and agreements of the contract during the original term of the contract and any extension of the contract, with or without notice to the surety, and during the life of any guaranty required under the contract, and also performs and fulfills all of the undertakings, covenants, terms, conditions and agreements of all duly authorized modifications of the contract that may hereafter be made, notice of which modifications to the surety being hereby waived, the above obligation is void Otherwise it remains in full force and effect PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Title 34, Chapter 2, Article 2, of the Arizona Revised Statutes, and all liabilities on this bond shall be determined in accordance with the provisions of Title 34, Chapter 2, Article 2, Arizona Revised Statutes, to the extend as if they were copies at length in this agreement. The prevailing party in a suit on this bond shall recover as part of the judgment reasonable attorney fees as may be fixed by the judge of the court. Witness our hand this day of , 20 PRINCIPAL SEAL BY• AGENCY OF RECORD AGENCY ADDRESS SURETY BY. ATTORNEY IN FACT 10 CERTIFICATE OF INSURANC., CITY OF APACHE JUNCTION PROJECT: PWC2012-02 The certifies that the following insurance policies have been issued on behalf of. NAME OF INSURED• ADDRESS OF INSURED: Type of Policy Effect. Expire Limits of Insurance Number Date Date Liability 1 . Workman's $100, 000 Each Accident, Compensation $100, 000 Each Disease, $500, 000 Disease Policy Limit 2 . Commercial $1, 000, 000 Each General Occurrence, $2, 000, 000 Liability Products/Completed Operations Aggregate, $2, 000, 000 General Aggregate Limit 3 . Contractual $1, 000, 000 Each Bodily Injury & Occurrence Property Damage 4 . Automobile $1, 000, 000 Each Bodily Injury & Occurrence Property Damage It is further agreed that these policies shall not expire, be canceled or changed until all work has been completed and the project has been accepted by the City of Apache Junction. If a policy does expire during the life of the contract, a renewal Certificate of the required coverage must be sent to the City of Apache Junction not less than thirty (30) calendar days prior to expiration date. This Certificate 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 044 agents are additional insured parties. Date. Countersigned by. Title. SUBSCRIBED AND SWORN TO before me this day of 2013 by as Insurer. Notary Public My Commission Expires. 11 ATTACHMENT "A" J. Banicki Construction,Inc. 6423 S Ash Avenue Tempe,AZ 85283 480-921-8016(phone) Banicki Construction 480-921-9456(fax) Date. April 17,2013 To Raquel Schatz,EIT City of Apache Junction 575 E Baseline Avenue Apache Junction,AZ 85119 Grand/Ocotillo/Main Drive Roadway Improvements Item No. Description Quantity Unit Unit Cost Amount BASE BID 1 REMOVE EXISTING PAVEMENT 21360 SY $ 2 10 $ 44,856.00 2 SAWCUT,REMOVE AND REPLACE 1'OF PAVEMENT 49 SY $ 22 00 $ 1,078 00 3 INSTALL NEW PAVEMENT PER AJ DET 20 1(2 5"/6") 23616 SY $ 12 90 $ 304,646.40 4 REGRADE AND COMPACT BASE COURSE 23616 SY $ 1.49 $ 35,187 84 5 PROTECT UTILITY POLE AND GUY WIRE IN PLACE 68 EA $ 25 00 $ 1,700 00 6 ADJUST VALVE PER MAG 391 4 EA $ 525.00 $ 2,100 00 7 ADJUST MANHOLE PER AJ-422M7 17 EA $ 550 00 $ 9,350.00 8 1 REGRADE/RECONSTRUCT RESIDENTIAL DRIVEWAY-DIRT/GR 126 EA $ 83 00 $ 10,458.00 8 2 REGRADE/RECONSTRUCT RESIDENTIAL DRIVEWAY-ASPHALT 5 EA $ 1,075 00 $ 5,375 00 8 3 REGRADE/RECONSTRUCT RESIDENTIAL DRIVEWAY-CONCRET 44 EA $ 2,350 00 $ 103,400.00 9 FURNISH AND INSTALL 30"CAST IRON WATER TIGHT MH 10 EA $ 1,300 00 $ 13,000 00 10 PROTECT STREET SIGN IN PLACE 10 EA $ 80 00 $ 800 00 11 INSTALL 4'CONCRETE CUT-OFF WALL PER MAG 522 126 LF $ 85 00 $ 10,710 00 12 INSTALL RIPRAP EROSION PROTECT D50=6",DEPTH=12" 92 SY $ 43 00 $ 3,956.00 13 REMOVE AND REPLACE WEEP HOLES W/6"DRAIN BLOCK 12 LF $ 110 00 $ 1,320.00 14 SHALLOW UTILITY CONFLICT RELOCATIONS(WATER) 10 EA $ 1,100 00 $ 11,000 00 15 TRAFFIC CONTROL-TRAFFIC MAINTAINED IN ONE DIRECTION 3 LS $ 10,300 00 $ 30,900.00 16 CONSTRUCTION SURVEY 3 LS $ 4,350 00 $ 13,050 00 17 MOBILIZATION 3 LS $ 2,757 59 $ 8,272 77 TOTAL $ 611,160.01 ADD ALTERNATE 1 Traffic Control for Traffic in Both Directions(Flaggers) 15 1 TRAFFIC CONTROL-TRAFFIC MAINTAINED IN BOTH DIRECTIONS 1 LS $ 8,500 00 $ 8,500.00 Notes TOTAL WITH ALTERNATE $ 619,519,91 1 Fog seal is included at the rate of 08 gal/SY 2 Asphalt thickened edge per MAG Detail 201 type A is included in all areas that do not or will not abut concrete 3 No VMS boards or off-duty police officers are inluded in the traffic control price 4 No new ABC is included in ITEM 3 All base materials will be those already existing on site,which will be scarified, re-graded and compacted per ITEM 4 5 For gravel driveways,the existing gravel shall be moved aside and then replaced after the driveway has been graded 6 This proposal is based on modifying the grades using the existing base course No subgrade preparation work is included for the roadway All streets are assumed to balance,thus requiring no import or export of base materials 7 No re-striping of stop bars is inlcuded in this proposal 8 This proposal is based on working all project areas at once to meet the deadline 9 This proposal does not include chlorine or Bac-T testing on the new water service lines 10 Item 4 Regrade and Compact Base Course includes grading the Right of Way and cutting in the swale per detail Proposal Acceptance 4/17/2013 Kevin Smith Date J Banicki Construction,Inc Raquel Schatz,EIT Date City of Apache Junction 6423 S Ash Avenue Tempe Arizona 85283 Office 480-921-8016• Fax 480-921-9456 tyKfit pity of Apache Junction zf Home o/me Superstition Mountains 4Arzotow TO• City Manager's Office FROM• Heather Patel, Grants Coordinator DATE• May 7,2013 Agenda Type • Regular Agenda Council Priority Focus Area• Community Development TITLE OF AGENDA ITEM Consideration of approval of Resolution No 13-10, recommending the City's Fiscal Year 2013 Local Transportation Assistance Fund II allocation be directed to the Apache Junction Active Adult Center and authorizing the Mayor to sign a Pass Through Agreement ACTION REQUESTED Recommendation for Approval DISCUSSION/BACKGROUND INFORMATION Pursuant to the court order filed in Paisley v Darwin,Valley Metro Regional Public Transportation Authority receives monthly distributions of lottery revenues for public transportation purposes in Mancopa County Funding is distributed directly to eligible jurisdictions with the county To receive the funds allocated to Maricopa County communities,jurisdictions must apply annually In Fiscal Year 2013, Apache Junction will receive$865 An application was submitted March 18, 2013 to the Valley Metro Regional Public Transportation Authority FISCAL IMPACT. Budgetary Approval Not Required OPTIONS/ALTERNATIVES: Statutory Requirement RECOMMENDATION• Staff respectfully recommends,the City Council approve Resolution No 13-10 recommending the City's Fiscal Year 2013 Local Transportation Assistance Fund II allocation be directed to the Apache Junction Active Adult Center(dba East Valley Adult Resources)for support of transportation services and authorizing the Mayor to sign a pass-through agreement ATTACHMENTS. Click to download ❑ Staff Report ❑ Resolution No.13-10 O Agreement ■ QpCHF Os U City ofApache Junction •RIZ01' Development Services Department MEMORANDUM DATE: April 25, 2013 TO: The Honorable Mayor and City Council THROUGH: George Hoffman, City Manager Brad Steinke, Development Services Director Roger Hacker, Revenue Resources Manager FROM: Heather Patel, Grants Coordinator SUBJECT. Local Transportation Assistance Fund II Application for Fiscal Year 2013 REQUEST Consideration of approval of Resolution No. 13-10 recommending the City's Fiscal Year 2013 Local Transportation Assistance Fund II (hereinafter"LTAF") allocation be directed to the Apache Junction Active Adult Center(dba East Valley Adult Resources) for support of transportation services and authorizing the Mayor to sign a pass-through agreement. BACKGROUND Pursuant to the court order filed in Paisley v Darwin,the State Treasurer resumed distribution of multi-state lottery game proceeds to the Public Transportation Fund in Mancopa County in Fiscal Year 2012. To date, the Legislature has not enacted any statute that would supersede the court order and Valley Metro Regional Public Transportation Authority ("RPTA") continues to receive monthly distnbutions of lottery revenues for public transportation purposes Lottery revenues for FY2013 are estimated to be $11,224,800 Mancopa County and jurisdictions within the county that receive LTAF funding are required to use the funding for public transportation There is no local match requirement for these funds Public transit is defined as any service, vehicle(s), or support facility for a vehicle(s), intended for the purpose of conveying multiple passengers (i.e. typically 5 or more) and which meets applicable state and federal safety and accessibility laws, rules, and regulations The definition also includes the planning and administrative support for such services It is the intent of the program to provide funds for the purpose of providing transit service or facilities that is available to the following populations • The general public, • Elderly persons; • Persons with disabilities, • Welfare recipients and"low-income"persons engaged in employment activities Funding will be distributed directly to eligible jurisdictions in the county and includes Maricopa County, and cities and towns within the county In the case of private, not-for-profit agencies and private, for-profit transit providers, the city receiving the LTAF funding must enter into a agreement with the proposed operator to provide ems the transportation service approved by the City Council The agreement, accompanied by Council resolution, must be available to Valley Metro RPTA as evidence of the agreement DISCUSSION To receive the funds allocated to Mancopa County commumties, jurisdictions must apply annually In FY 2013, Apache Junction will receive $865. An application was submitted March 18, 2013 to the Valley Metro Regional Public Transportation Authonty. RECOMMENDATION Staff respectfully recommends, the City Council approve Resolution No 13-10 recommending the City's Fiscal Year 2013 Local Transportation Assistance Fund II allocation be directed to the Apache Junction Active Adult Center(dba East Valley Adult Resources) for support of transportation services and authorizing the Mayor to sign a pass-through agreement ACTION REQUIRED Recommendation for approval Attachment 1• Resolution Number 13-10 Attachment 2. Grant pass-through agreement between the City of Apache Junction and East Valley Adult Resources /, RESOLUTION NO 13-10 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AUTHORIZING SUBMISSION OF A GRANT APPLICATION TO THE VALLEY METRO REGIONAL PUBLIC TRANSPORTATION AUTHORITY FOR PARTICIPATION IN ITS FISCAL YEAR 2012-2013 LOCAL TRANSPORTATION ASSISTANCE FUND II PROGRAM. WHEREAS, the City of Apache Junction is desirous of meeting the transportation needs of its citizens; and WHEREAS, East Valley Senior Adult Resources, Inc . , which manages the Apache Junction Active Adult Center, has requested assistance from the City in meeting the transportation needs of senior citizens residing within the City limits, and WHEREAS, pursuant to Arizona Revised Statutes Section 28-8101, et seq. , the Valley Metro Regional Public Transportation Authority ("RPTA") is administering the Local Transportation Assistance Fund (hereinafter "LTAF") II Program; and WHEREAS, the activities within this grant address identified community needs, and WHEREAS, a grantee of LTAF II funds is required to comply with the program guidelines and federal statutes and regulations . NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AS FOLLOWS . OIN 1) The Mayor and City Council of the City of Apache Junction authorize application to be made to the RPTA for Fiscal Year 2012-2013 LTAF II funds 2) The City Manager or his designee is authorized to sign an application for receipt and use of these funds in an amount not to exceed $865 . 00 for East Valley Adult Resources, Inc. for its transportation program for the Apache Junction Active Adult Center 3) The City Manager or his designee, is authorized to take all actions necessary to implement and complete the activities submitted in said grant . 4) The application for Maricopa County LTAF II funds meets the program requirements for the transportation of senior RESOLUTION NO. 13-10 PAGE 1 OF 2 citizens, persons with disabilities and/or the general public. 5) The City of Apache Junction shall comply with all LTAF II guidelines, federal statutes and regulations applicable to the LTAF II Program. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS DAY OF , 2013. SIGNED AND ATTESTED TO THIS DAY OF , 2013. JOHN S . INSALACO Mayor ATTEST: KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM. RICHARD J. STERN City Attorney RESOLUTION NO. 13-10 PAGE 2 OF 2 When recorded return to• Richard Joel Stern, Esq. Apache Junction City Attorney 300 East Superstition Blvd. Apache Junction, AZ 85119 GRANT PASS THROUGH AGREEMENT BETWEEN THE CITY OF APACHE JUNCTION AND EAST VALLEY ADULT RESOURCES THIS GRANT PASS THROUGH AGREEMENT (the "Agreement") is made as of the day of 2013, by and between CITY OF APACHE JUNCTION, ARIZONA, an Arizona municipal corporation ("City") and East Valley Adult Resources, a nonprofit agency ("EVAR"). City and EVAR are sometimes referred to herein collectively as the "Parties," or individually as a "Party " RECITALS A. EVAR is a nonprofit organization which provides social, recreational, fitness, advocacy, and transportation services at the Apache Junction Active Adult Center for Apache Junction residents B. EVAR desires to utilize Local Transportation Assistance Fund II ("LTAFII") funding for transportation services in Apache Junction. C. The Valley Metro Regional Public Transportation Authority ("RPTA") desires to convey to City a portion of its annual allocation required to be paid to local governments for the benefit of public transportation, pursuant to a court order filed in Paisley v. Darwin, U.S. Dist Ct (Ariz.), No. CV-10-1253-PHX-DGC, 2011 WL 3875992, resuming distribution of multi-state lottery game proceeds to the Public Transportation Fund in Maricopa County, for disbursement by City to EVAR. D. City desires to disburse the aforementioned contribution to the EVAR and to set forth the mutual understandings between City and EVAR E. There is a need for mutual cooperation for a pass through of grant funds from RPTA to City and ultimately to East Valley Adult Resources. F. Mutual cooperation would result in EVAR's obtaining assistance from City, which translates to public savings. 1 G. The Parties have mutual interests in this project and wish to enter into this Agreement with certain terms and conditions. AGREEMENT NOW, THEREFORE, in consideration of the foregoing Recitals and the mutual promises and covenants set forth herein, and for other consideration, the receipt and adequacy of which is hereby acknowledged, the Parties agree as follows: 1. ACCURACY OF THE RECITALS. The Parties hereby confirm the accuracy of the Recitals set forth above, which are incorporated herein by this reference. 2. CITY'S OBLIGATIONS City agrees to do all of the following a. Disburse the aforementioned RPTA contribution to EVAR. b. Review copies of all reports and documents sent to the RPTA by EVAR related to funded project. 3. EVAR'S OBLIGATIONS: EVAR agrees to do all of the following: a Hold harmless the City of Apache Junction and its agents for any acts or omissions by City, its elected officials, appointees, and employees b. Provide to the City of Apache Junction a copy of all reports and documents sent to the RPTA related to funded project no later than 30 days after their submission to RPTA 4 Purpose. The purpose of this Agreement is to set forth the rights and responsibilities of the Parties with respect to the acceptance and distribution of the contribution to EVAR. 5. Funding Schedule. RPTA shall deliver a one-time payment of $865.00 to the City for disbursement to EVAR for the provision of transportation services at the Apache Junction Active Adult Center ("Center"). The purpose of the contribution is to provide City residents with transportation to the Center, Center Programs, local medical appointments, and local shopping hubs. 6. Term. The Term of this Agreement is one calendar year from the execution date. 2 7. Indemnification and Hold Harmless. EVAR shall indemnify, defend and hold harmless the City, its Mayor and City Council, appointees, employees and agents from and against any and all suits, actions, legal or administrative proceedings, claims, demands, liens, losses, fines or penalties, damages, liability, interest, fees for attorneys, consultants and accountants or costs and expenses of any kind and nature, resulting from or arising out of the negligence or willful misconduct of City, its Mayor and City Council, appointees, employees and agents in performing the duties set forth in this Agreement. 8 Transactional Conflicts of Interest. The Parties acknowledge that this Agreement is subject to cancellation pursuant to the provisions of A.R.S. § 38-511 . 9 Waiver. No waiver, whether written or tacit, of any remedy or provision of this Agreement shall be deemed to constitute a waiver of any other provision hereof or a permanent waiver of the provision concerned, unless otherwise stated in writing by the Party to be bound thereby. 10. Severability City and RPTA each believe that the execution, delivery and performance of this Agreement are in compliance with all applicable laws. However, in the unlikely event that any provision of this Agreement is declared void or unenforceable (or is construed as requiring City to do any act in violation of any applicable laws, including any constitutional provision, law, regulation, or City Code), such provision shall be deemed severed from this Agreement and this Agreement shall otherwise remain in full force and effect; provided that this Agreement shall retroactively be deemed reformed to the extent reasonably possible in such a manner so that the reformed agreement (and any related agreements effective as of the same date) provide essentially the same rights and benefits (economic and otherwise) to the Parties as if such severance and reformation were not required. Unless prohibited by applicable laws, the Parties further shall perform all acts and execute, acknowledge and/or deliver all amendments, instruments and consents necessary to accomplish and to give effect to the purposes of this Agreement, as reformed. 11. No Third Party Beneficiary Rights. The Parties agree that no third party rights attach to this agreement. 12 Applicable Law and Venue: The terms and conditions of this Agreement shall be governed by and interpreted in accordance with the laws of the State of Arizona Any action at law or in equity brought by either party for the purpose of enforcing a right or rights provided for in this Agreement, shall be tried in a court of competent jurisdiction in Pinal County, State of Arizona. The Parties hereby waive all provisions of law providing for a change of venue in such proceeding to any other county. In the event either party shall bring suit to 3 enforce any term 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: all litigation and appeal expenses, collection expenses, reasonable attorneys' fees, necessary witness fees and court costs to be determined by the court in such action. 13. Indemnification: To the fullest extent permitted by law, Consultant shall defend, indemnify and hold harmless City, its elected and appointed officers, officials, agents, and employees from and against any and all liability including but not limited to demands, claims, actions, fees, costs and expenses, including attorney and expert witness fees, arising from or connected with or alleged to have arisen from or connected with, relating to, arising out of, or alleged to have resulted from the acts, errors, mistakes, omissions, work or services of Consultant, its agents, employees, or any tier of Consultant's subcontractors in the performance of this Agreement. Consultant's duty to defend, hold harmless and indemnify City, its Special Districts, elected and appointed officers, officials, agents, and employees shall arise in connection with any tortious claim, damage, loss or expense that is attributable to bodily injury, sickness, disease, death, or injury to, impairment, or destruction of property including loss of use resulting therefrom, caused by an Consultant's acts, errors, mistakes, omissions, work or services in the performance of this Agreement including any employee of Consultant, any tier of Consultant's subcontractor or any other person for whose acts, errors, mistakes, omissions, work or services Consultant may be legally liable. 14. Notices Except as otherwise required by law, any notice required or permitted under this Agreement shall be in writing and shall be given by personal delivery, or by deposit in the United States mail, certified or registered, return receipt requested, postage prepaid, addressed to the Parties at their respective addresses set forth below, or at such other address as a Party may designate in writing pursuant to the terms of this Section, or by telecopy or telefacsimile machine, or by any nationally recognized express or overnight delivery service (e.g. Federal Express or UPS), delivery charges prepaid: If to City: City of Apache Junction Attn: City Manager 300 E. Superstition Blvd. Apache Junction, Arizona 85119-2899 Telephone: (480) 474-5066 Facsimile (480) 474-5110 If to EVAR East Valley Adult Resources Attn Executive Director 45 West University Suite A - Mesa, Arizona 85201 4 Telephone: (480) 964-9014 Facsimile (480)898-7306 IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first set forth above. EAST VALLEY ADULT RESOURCES, an Arizona nonprofit organization By: Mary Turley Its. President, Board of Directors CITY OF APACHE JUNCTION, ARIZONA, an Arizona municipal corporation By: John S. Insalaco Its Mayor ATTEST: By: Kathy Connelly, City Clerk APPROVE AS TO FORM• By: Richard J. Stern, City Attorney 5 orkC HE✓G C C'ity of Apache junction Home of the Superstition Mountains TO. City Manager's Office FROM• Bryant Powell,Assistant City Manager DATE• May 7,2013 Agenda Type Regular Agenda Council Priority Focus Area. Community Development TITLE OF AGENDA ITEM: Consideration of approval of demolition agreement for 247 E Junction Street ACTION REQUESTED. Recommendation for Approval DISCUSSION/BACKGROUND INFORMATION The property at 247 E Junction Street is in the Crossroads Redevelopment Area Since approximately 2006, the property has been vacant and the general condition of the structure has deteriorated and become in disrepair The city and owner have determined it is in the best interest of both parties to demolish and remove the single family residence structure Staff respectfully requests council approve the demolition agreement FISCAL IMPACT OPTIONS/ALTERNATIVES. RECOMMENDATION. ATTACHMENTS. Click to download O Demolition Agreement When recorded return to: Richard Joel Stern, Esq Apache Junction City Attorney 300 East Superstition Blvd. Apache Junction,AZ 85119 RELEASE, MUTUAL INDEMNIFICATION,AND AUTHORIZATION AGREEMENT BETWEEN CITY OF APACHE JUNCTION AND Al TOWN CENTRE LIQUIDATION TRUST FOR DEMOLITION OF SINGLE FAMILY RESIDENCE AT 247 E.JUNCTION STREET, APACHE JUNCTION, ARIZONA PARCEL NO.: 101-21-0610 LEGAL DESCRIPTION. The West half of the Northeast quarter of the Northwest quarter of the Southwest quarter of Section 21, Township 1 North, Range 8 East of the Gila and Salt River Base and Meridian, Pinal County,Arizona PHYSICAL ADDRESS. 247 E.JUNCTION STREET, APACHE JUNCTION, AZ 85119 3209832 3 RELEASE, MUTUAL INDEMNIFICATION,AND AUTHORIZATION AGREEMENT BETWEEN CITY OF APACHE JUNCTION AND AJ TOWN CENTRE LIQUIDATION TRUST FOR DEMOLITION OF SINGLE FAMILY RESIDENCE AT 247 E.JUNCTION STREET,APACHE JUNCTION,ARIZONA This Agreement is entered into as of this day of , 2013, by and between CITY OF APACHE JUNCTION, an Arizona municipal corporation (hereinafter the "City") and AJ TOWN CENTRE LIQUIDATION TRUST, dated October 1, 2012 (hereinafter the "Owner"), both collectively referred to herein as the "Parties" RECITALS A Owner is the current owner of one or more parcel(s) of land in City's infill incentive and downtown redevelopment areas which purportedly have been the subject of trespassing, vagrancy, and property maintenance calls to City, including the property located at 247 E. Junction Street, Apache Junction, Arizona 85119 (the "Property"), more fully described and depicted in Exhibits A and B. B Since approximately June 22, 2006, after the residents vacated the Property and it came under the control of AJ Town Centre, LLC, an Arizona limited liability company ("AJ Town Centre"), Owner's predecessor-in-interest, the general condition of the building has deteriorated and become in disrepair C On or about June 2, 2010, AJ Town Centre and one or more affiliated entities filed voluntary petitions for relief under Chapter 11 of Title 11 of the United States Code (the "Bankruptcy Code") in the United States Bankruptcy Court for the District of Arizona (the "Bankruptcy Court") The Chapter 11 cases are being jointly administered under Case No. 2.10- bk-17310-GBN (the "Chapter 11 Case"). D Wells Fargo Bank, NA("Lender") has a secured interest in the Property and, pursuant to such interest,secured the appointment of Gregg Williams of Trident Pacific to act as receiver ("Receiver") to administer the Property in Pinal County Superior Court, CV2010-02057 E On or about September 28, 2012, the Bankruptcy Court entered an Order (the "Confirmation Order") confirming Wells Fargo Bank, N A's Second Amended and Restated Joint Plan of Reorganization for Debtors Dated as of September 10, 2012 (the "Plan"), which (amongst other things) approved the Plan including the appointment of Robert Burnand of Collier's International as the Plan Administrator and Trustee of the Liquidating Trust created under the Plan (hereinafter, the "Trustee"); F On or about October 1, 2012, Trustee, Lender, as beneficiary, and AJ Town Centre (amongst other debtors), as debtors, executed a trust agreement (the "Trust Agreement") for the creation of the Owner trust, which is a liquidation trust intended to receive, hold, manage, invest and/or liquidate certain assets of the debtors in the Chapter 11 case (the "Trust Assets") consistent with the Plan and the Confirmation Order G Pursuant to the Trust Agreement, the Property was conveyed to the Trust and is now one of the Trust Assets subject to management and/or liquidation pursuant to and in accordance with the Trust Agreement, Plan and Confirmation Order. H City and Owner have determined it is in the best interests of the Parties to demolish and remove the single family residential structure on the Property, and to fill in or drain and securely cover the empty swimming pool on the Property Prior to such demolition, the City's police department ("AJPD") believes that it would be beneficial to the AJPD SWAT Team to use the structure on the Property, before it is demolished, for training exercises which may or may not include the use of explosives (the "Training Activities"). The City Council finds, by approval of this Agreement, that such removal of the deteriorated structure on the Property, and the opportunity for the AJPD to conduct the Training Activities, are an important public purpose I. The City Council further finds entering into this Agreement will enhance the development potential of the Property, as well as adjacent properties, and such improvements would allow for elimination of blight and would reduce City's code enforcement and police contacts and heighten the community's general welfare and safety. The value to the City of the permitted AJPD use of the Property (and the releases and indemnities provided for in this Agreement), is not grossly disproportionate to the value of the Property to the Owner AGREEMENT NOW THEREFORE, in consideration of the foregoing recitals, the terms, covenants and conditions contained herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: 1 Accuracy of the Recitals• The Parties hereby acknowledge the accuracy of the Recitals set forth above,which are incorporated herein by this reference and the Exhibits to this Agreement are further incorporated herein by reference. 2. Term This Agreement shall commence on the date it is approved and duly executed by all of the Parties (the "Effective Date") and shall, except as otherwise provided herein, continue until all obligations of the City have been fully performed by the City and approved by Owner 3 Owner's Obligations Owner agrees: a) To authorize, conduct and pay for an asbestos evaluation report of the single family residence and other structures at the Property (the "Asbestos Report"). If, after reviewing the Asbestos Report, the City determines that there is no presence of asbestos in or around the structure on the Property, the City and its officers, agents and representatives from other law enforcement agencies, as authorized by the City, may enter onto the Property for SWAT Team Training Activities, and shall thereafter demolish and remove any structures located thereon, inclusive of the foundation, but excluding any pool. Owner and the City agree that the empty swimming pool on the Property shall, upon mutual agreement of the Parties, either be filled in with dirt, or completely drained and securely covered, by the City and at the sole cost and expense of the City. b) That no salvage may be requested nor will any be initiated, upon commencement of demolition and removal. c) That it will not initiate or cause to be initiated against City,or any of its current, past, or future agents, servants, employees, elected officials, appointed representatives, attorneys, fiduciaries, subsidiaries, divisions, successors, assigns, or any person or entity acting by, through, under or in concert in both their personal and corporate capacities, any claim, lawsuit, action, appeal, investigation, or proceeding of any kind pertaining to the City's use of the Property d) Except as otherwise provided herein, to forever waive and release the City, its Mayor and Council, appointed boards and commissions,officials, employees and agents, individually and in their governmental capacity for, from and against any and all losses, claims, suits, actions, payments and judgments, demands, expenses, attorney fees, defense costs or other actions of any kind and nature resulting from the Training Activities and the Demolition Activities (as defined below) 4. City's Obligations. City agrees: a) If, after reviewing the Asbestos Report, the City determines that the Asbestos Report provides adequate proof there is no asbestos present in any of the structures located on the Property, the City and its agents and representatives from other law enforcement agencies, as authorized by the City, may proceed with SWAT Training Activities at the Property, and thereafter shall demolish all structures located on the Property including the foundation, and such work shall include clearing and removing .•. any and all buildings or structures now situated on the Property including, but not limited to, any slab foundation related thereto and any fixtures, equipment, pipes, other materials and debris on the Property, but excluding any pool The City and its agents shall also properly disconnect, cut off, cap and mark any plumbing or electrical stubs or similar utility improvements on the Property (all of the foregoing activities are referred to, collectively, as the "Demolition Activities"), all of which shall be completed at the City's cost and expense. If, however, the City determines that the Asbestos Report shows a presence of asbestos in any of the structures located on the Property, the City will not conduct SWAT Training Activities at the Property, and will not be obligated to conduct or complete any of the Demolition Activities, and in such case, this Agreement will be completed. b) If the City elects to move forward with the Training Activities and the Demolition Activities, the Parties agree that the Demolition Activities shall be completed by October 31, 2013 If the City undertakes and completes the Training Activities and the Demolition Activities on the Property, the Parties agree that the City shall also be required, at as sole cost and expense, and upon mutual agreement of the Parties, to either (i) fill in the empty swimming pool on the Property with fill dirt, or (ii) completely drain and securely cover the empty pool, to prevent the empty pool from becoming a safety hazard c) To comply with any and all applicable federal and state laws which might in any way relate to such Training Activities and Demolition Activities on the Property .�. including, but not limited to, any Environmental Laws. For purposes of this Agreement, the term "Environmental Laws" shall mean as amended and in effect from time to time, any federal, state or local statute, ordinance, rule, regulation, standard, restriction, judicial decision, or the judgment or decree of a governmental authority with jurisdiction over the Owner and/or the Property, pertaining to the health, welfare, industrial hygiene, occupational safety or the environment including, but not limited to any laws, statutes, rules, regulations and/or ordinances in any way concerning or governing the presence or handling of any Hazardous Substances on or around the Property For purposes of this Agreement,the term "Hazardous Substances" shall mean (a) those substances included within any of the definitions of "hazardous substances," "hazardous materials," "toxic substances," or "solid waste" in CERCLA, RCRA, or the Hazardous Materials Transportation Act, 49 U.S.C. Section 1801, et seq., and in the regulations promulgated pursuant thereto; (b) those substances listed in the United States Department of Transportation Hazardous Materials Table at 49 CFR 172.101 and amendments thereto, or by the U.S. Environmental Protection Agency as hazardous substances in 40 CFR Part 302 and amendments thereto; and (c) all other substances, materials and wastes that are, or that become, regulated under, or that are classified as hazardous or toxic under, any Environmental Law d) To defend, indemnify and hold harmless Owner for, from and against any and all direct and indirect, known and unknown, obligations, actions, liabilities, judgments, claims, demands, losses, damages and costs, including costs of defense, expenses and fees (including reasonable attorneys' fees and costs) arising from or relating to any claims, actions, demands, judgments and/or orders asserted by any third-parties including, but not limited to• (i) any individuals or agents participating in the Training Activities; (ii) any individuals or agents performing work on behalf of the City, or in any way involved with the City's completion of the Demolition Activities on the Property, and/or (iii) any federal or state governing authorities with jurisdiction over the Property and/or Owner, whether arising directly or indirectly from, or in any way related to or otherwise concerning the City's Training Activities and Demolition Activities on the Property. The provisions of this Section shall survive the completion of such activities and shall continue in full force and effect for a period of five (5) years or the date on which the Owner trust is terminated in accordance with the Plan and Confirmation Order, whichever occurs later 5. Owner's Representations; Indemnity Obligations: Owner acknowledges that City is expending public funds to demolish the structure located on the Property in reliance of this Agreement and to discharge and release all claims Owner may have against the City Owner represents that Owner's representations are true in all material respects as of the date of this Agreement The transactions contemplated by this Agreement, the execution of this Agreement and Owner's performance hereunder have been duly authorized by all requisite action of Owner or its agents and no other approval or consent is required for this Agreement to be binding upon Owner As of the date of this Agreement, and other than the Chapter 11 Case pending before the Bankruptcy Court and the Superior Court case in which the Receiver was appointed, Owner knows of no other litigation, proceeding or investigation pending or threatened against or affecting Owner, which could have a material adverse affect on Owner's performance under this Agreement that has not otherwise been disclosed in writing to City Owner agrees to indemnify, defend and hold harmless the City, its Mayor and Council, appointed boards and commissions, officials, employees and agents, individually and in their governmental capacity for, from and against any and all losses, liability, damages, payments, expenses, costs including reasonable attorneys' fees, defense costs or judgments resulting from any actions, claims, suits or judgments asserted against the City by any third-party alleging, claiming and/or otherwise seeking recovery of alleged losses or damages arising from or related to the City's completion of the Demolition Activities, but only to the extent it is determined that (a) such third-party claimants had an undisclosed interest in the Property as of the date of this Agreement, and (b) Owner did not have the required consent and approval from such third- party claimants to enter into this Agreement with the City. Owner shall not, under any circumstances, be obligated to indemnify the City for any losses, liability, damages, payments, expenses, costs, attorneys' fees, defense costs or judgments resulting from any actions, claims, suits or judgments asserted against the City by any third- party or any agent or employee of the City for any claims or under any theory that are in any way related to this agreement or the City's performance under this agreement including, but not limited to, the planning and performance of the Training Activities and/or the Demolition Activities 6 City Representations City represents and warrants to Owner that (a) the Property is located within the municipal limits of City, (b) the City is a duly organized, validly existing municipal corporation in the State of Arizona, (c) the City has all requisite authority to enter into this Agreement and to perform under the terms, covenants and conditions set forth herein, and (d) the individuals executing this Agreement on behalf of the City have all necessary authority and permission to enter into this Agreement on behalf of the City 7 Notices and Filings (a) Manner of Serving All notices, filings, consents, approvals and other communications provided for herein or given in connection herewith shall be validly given, filed, made, delivered or served if in writing and delivered personally or sent by express or overnight mail or by registered or certified first class United States Mail, postage prepaid, as follows If to City, to: City Manager 300 E Superstition Blvd Apache Junction, Arizona 85119 And to City Attorney 300 E. Superstition Blvd Apache Junction, Arizona, 85119 If to Owner,to• AJ Town Centre Liquidation Trust Attn: Robert Burnand 2390 East Camelback Road, Suite 100 Phoenix, Arizona 85016 And to: W Scott Jenkins,Jr Ryley Carlock&Applewhite One N Central Avenue, Suite 1200 Phoenix,Arizona 85004 The Parties may from time to time designate in writing and deliver in a like manner any other such address which they deem necessary without modifying this Agreement. 8 Delivered Status Notices, filings, consents, approvals and communication given by mail shall be deemed delivered upon receipt or refusal 9 General Provisions: (a) Waiver No delay in exercising any right or remedy shall constitute a waiver ..� thereof, and no wavier by City or Owner of the breach of any covenant of this Agreement shall be construed as a waiver of any preceding or succeeding breach of the same or any other covenant or condition of this Agreement. (b) Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, and all of which together shall constitute one and the same instrument. The signature pages from one or more counterparts may be removed from such counterparts and such signature pages all attached to a single instrument so that the signature of all parties may be physically attached to a single document. (c) Headings The descriptive headings of the paragraphs of this Agreement are inserted for convenience only and shall not control or affect the meaning or construction of any of the provisions hereof (d) Exhibits. Any exhibit attached hereto shall be deemed to have been incorporated herein by this reference with the same force and effect as if fully set forth in the body hereof (e) Further Acts. Each of the parties hereto shall execute and deliver all such documents and perform all such acts as reasonably necessary, from time to time, to carry out the matters contemplated by this Agreement. (f) Time of the Essence and Successors/Assignment and Transfer (i) Time is of the essence in this Agreement. All of the provisions hereof shall inure to the benefit of and be binding upon the successors and permitted assigns of the parties hereof. (ii) Neither party may assign any of its rights or obligations hereunder, except as mutually agreed upon in writing by Owner and City, and subject to the consent and acknowledgement by Lender and Receiver (g) No Partnership and Third Parties. It is not intended by this Agreement to, and nothing contained in this Agreement shall, create any partnership, joint venture or other similar arrangement between Owner and City Except as provided in the release and indemnity provisions hereof, no term or provision of this Agreement is intended to, or shall, be for the benefit of any person, firm, organization or corporation not a party hereto, and no such other person, firm, organization or corporation shall have any right or cause of action hereunder. (h) Assignments/Transfers. The Parties' rights and obligations under this Agreement shall be non-assignable and non-transferable, without the prior express written consent of the other party, which consent may be given or withheld in reasonable discretion. (i) Entire Agreement, This Agreement constitutes the entire agreement between the parties hereto pertaining to the subject matter hereof All prior and contemporaneous agreements, representations and understandings of the Parties, oral or written, are hereby superseded and merged herein (j) Amendment. No change or additions to be made to this Agreement except by a written amendment executed by the Parties. (k) Unexcused Delays. Neither City nor Owner, as the case may be, shall be considered not to have performed its obligations under this Agreement in the event of enforced delay (an "Enforced Delay") due to causes beyond its control and without its fault or negligence or failure to comply with Applicable Laws, including, but not restricted to, acts of God, fires, floods, epidemics, pandemics, quarantine, restrictions, embargoes, labor disputes, and unusually severe weather or the delays of subconsultants or materialmen due to such causes, acts of a public enemy, war, terrorism or act of terror (including but not limited to bio- terrorism or eco-terrorism), nuclear radiation, blockade, insurrection, riot, labor strike or interruption,extortion, sabotage, or similar occurrence or any exercise of the power of eminent domain of any governmental body on behalf of any public entity, or a declaration of moratorium or similar hiatus (whether permanent or temporary) by any public entity directly affecting the Project. Owner agrees that Owner alone will bear all risks of delay which are not Enforced Delay. In the event of the occurrence of any such Enforced Delay, the time or times for performance of the obligations of the Party claiming delay shall be extended for a period of the Enforced Delay; provided, however, that the Party seeking the benefit of the provisions of this Section shall, within thirty(30) calendar days after such Party knows or should know of any such Enforced Delay, first notify the other Party of the specific delay in writing and claim the right to an extension for the period of the Enforced Delay; and provided further that in no event shall a period of Enforced Delay exceed ninety (90) calendar days (I) 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 without reference to conflicts of laws principles. 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 term of this Agreement or to recover any damages for and on account of the breach of any term or condition in this Agreement, or to declare the rights of the parties hereunder, it is mutually agreed that the prevailing party in such action shall recover all costs including. all litigation and appeal expenses, collection expenses, reasonable attorneys' fees, necessary witness fees and court costs to be determined by the court in such action (m) Severability City and Owner each believe that the execution, delivery and performance of this Agreement are in compliance with all applicable laws. However, in the unlikely event that any provision of this Agreement is declared void or unenforceable (or is construed as requiring City to do any act in violation of any applicable laws, including any constitutional provision, law, regulation, or City Code), such provision shall be deemed severed from this Agreement and this Agreement shall otherwise remain in full force and effect; .� provided that this Agreement shall retroactively be deemed reformed to the extent reasonably possible in such a manner so that the reformed agreement (and any related agreements effective as of the same date) provide essentially the same rights and benefits (economic and otherwise) to the Parties as if such severance and reformation were not required Unless prohibited by applicable laws, the Parties further shall perform all acts and execute, acknowledge and/or deliver all amendments, instruments and consents necessary to accomplish and to give effect to the purposes of this Agreement, as reformed (n) Conflict of Interest. Pursuant to A.R.S. § 38-511, incorporated herein by reference, the Parties understand and agree that this Agreement is subject to cancellation by City or its departments or agencies if any person significantly involved in initiating, negotiating, securing, drafting or creating the contract on behalf of City, or its departments or agency, is at any time, while the Agreement or any extension or modification thereof, is in effect, an Alba employee or agent of any other party to the Agreement with respect to the subject matter of the Agreement (o) Diminution in Value Waiver Owner agrees, understands and acknowledges that City is entering into this Agreement in good faith and at the specific request of Owner, and further with the understanding that, if City acts consistently with the terms and conditions herein, it will not be subject to a claim for diminished value of the Property from Owner. Owner, on behalf of it and its successors and assigns, intends to encumber the Property with the following agreements and waivers Owner agrees and consents to all the conditions imposed by this Agreement, the zoning, the General Plan, applicable laws, and all permits and approvals issued or granted by City in furtherance thereof, and by signing this Agreement waives any and all claims, suits, damages, compensation and causes of action Owner may have now or in the future under the provisions of A.R.S. §§ 12-1134 through and including 12-1136 (but specifically excluding any provisions included therein relating to eminent domain) and resulting from the development of the Property consistent with this Agreement, the zoning, the General Plan, applicable laws, and all permits and approvals issued or granted by City in furtherance thereof or from any "land use law" (as such term is defined in the aforementioned statute sections) permitted by this Agreement to be enacted, adopted or applied by City now or hereafter Owner acknowledges and agrees to the terms and conditions set forth in this Agreement, the zoning, the General Plan, applicable laws, and all permits and approvals issued or granted by City in furtherance thereof cause the fair market value of the Property to equal or exceed the fair market value of the Property in the absence of this Agreement, the zoning the General Plan, applicable laws, and all permits and approvals issued or granted by City in furtherance thereof, and such "land use laws." (p) Bar. Owner understands and acknowledges that the release and covenant not to sue set forth in this Agreement forever bars it from suing or otherwise asserting a claim against City or other released parties on the basis of any event occurring on or before the effective date of this Agreement, whether the facts are now known or unknown, and whether the legal theory upon which such claim might be based is now known or unknown. Except as expressly provided herein to the contrary, Owner agrees that this Agreement may be pleaded as a complete bar to any action or suit brought against the City with respect to any claim under federal, state, administrative or other law including, but not limited to, any claim relating to removal of the structure from the Property or any other matter referred to in Section 3(b) of this Agreement. IN WITNESS WHEREOF, the undersigned Parties, with all requisite authority, have hereunto set our hands and seals on the date and year first above written [SIGNATURES OF THE PARTIES ON THE FOLLOWING PAGES] OWNER'S SIGNATURE PAGE TO THE RELEASE, MUTUAL INDEMNIFICATION AND AUTHORIZATION AGREEMENT FOR DEMOLITION OF 247 E.JUNCTION STREET OWNER: AJ TOWN CENTRE LIQUIDATION TRUST, dated October 1, 2012 By: Name Robert Burnand Its: Trustee STATE OF ARIZONA ) ss. County of The foregoing was acknowledged before me this day of , 2013, by Robert Burnand, in his capacity as Trustee of the Al Town Centre Liquidation Trust, dated October 1, 2012, on behalf of the Trust Notary Public My Commission Expires: (seal) CITY'S SIGNATURE PAGE TO THE RELEASE, MUTUAL INDEMNIFICATION AND AUTHORIZATION AGREEMENT FOR DEMOLITION OF 247 E JUNCTION STREET CITY: CITY OF APACHE JUNCTION, an Arizona municipal corporation By:John S. Insalaco Its Mayor ATTEST Kathleen Connelly, City Clerk APPROVE AS TO FORM t '3 Richard J Stern, City Attorney STATE OF ARIZONA ) ss COUNTY OF The foregoing was acknowledged before me this day of 2013, by John S. Insalaco, the Mayor of City of Apache Junction, Arizona, an Arizona municipal i•► corporation, who acknowledged that he signed the foregoing instrument on behalf of City Notary Public My Commission Expires (seal) EXHIBIT A LEGAL DESCRIPTION The West half of the Northeast quarter of the Northwest quarter of the Southwest quarter of Section 21, Township 1 North, Range 8 East of the Gila and Salt River Base and Meridian, Pinal County, Arizona ''_ 3209832 3 EXHIBIT B AERIAL LOCATION EXHIBIT t�duncbon S1 .;�•.+. St • w,„ +yy4 "'t : ti . 3209832.3 p 0Q o City o Apache Junction U z Home of the �f�uper:stition Mountain OlIS TO. City Manager's Office FROM• Jeff Bell, Parks and Recreation Director DATE• May 7,2013 Agenda Type Regular Agenda Council Priority Focus Area• TITLE OF AGENDA ITEM Consideration of approval of Resolution No 13-12, Parks,Areas and Facilities Naming/Dedication Policy ACTION REQUESTED. Recommendation for Approval DISCUSSION/BACKGROUND INFORMATION. This resolution confirms and memorializes the city council direction of April 2, 2013 and authorizes the city to adopt an amended Parks,Areas and Facilities Naming/Dedication Policy, as recommended by the Parks and Recreation Commission FISCAL IMPACT. Budgetary Approval Not Required elk OPTIONS/ALTERNATIVES. RECOMMENDATION• ATTACHMENTS Click to download O Resolution No.13-12 0 Parks,Areas and Facilities Naming/Dedication Policy RESOLUTION NO. 13-12 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AUTHORIZING THE CITY OF APACHE JUNCTION TO ADOPT A PUBLIC PARKS, AREAS AND FACILITIES NAMING/DEDICATION POLICY. WHEREAS, on or about May 3, 1988, the Apache Junction Parks and Recreation Commission recommended to the Mayor and City --. Council adoption of the "City of Apache Junction Community Services Department Facility Operating and Procedures Manual" (the "Policy") , and WHEREAS, on or about May 11, 1988, pursuant to Resolution No. 88-02 the Mayor and City Council voted to approve the recommendation, and WHEREAS, the Policy, contains a "Naming of Parks" section, among other provisions; and WHEREAS, on or about October 1, 2012, the Parks and Recreation Commission recommended to the Mayor and City Council amendments to the Policy (the "Amended Policy") ; and WHEREAS, the amendments are entitled "Parks, Areas and Facilities Naming/Dedication Policy", the stated purpose of which is to establish a systematic and consistent approach for the official naming and dedication of parks, recreation areas and facilities; and WHEREAS, certain changes came about due to citizen interest in establishing a means to acknowledge individuals or groups supporting the park system; and WHEREAS, the Amended Policy includes a provision that sets forth a "Dedication Criteria", which is intended to recognize and honor individuals or groups contributing to the park system and may be dedicated in memory, or honor of individuals or groups. WHEREAS, dedications are accomplished by placement of a plaque at a facility describing how the individual or group supported the parks and recreation program. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION ARIZONA, AS FOLLOWS : RESOLUTION NO. 13-12 PAGE 1 OF 2 ON 1) The attached Parks, Areas and Facilities Naming/Dedication Policy be adopted. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS DAY OF , 2013 . SIGNED AND ATTESTED TO THIS DAY OF , 2013. JOHN S . INSALACO Mayor ATTEST: KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM: RICHARD J. STERN City Attorney RESOLUTION NO 13-12 PAGE 2 OF 2 PARKS, AREAS AND FACILITIES NAMING/DEDICATION POLICY PURPOSE. The purpose of this policy is to establish a systematic and consistent approach for the official naming and dedication of parks, recreation areas and facilities OBJECTIVES• Ensure that parks, recreational areas and facilities are easily identified and located. Ensure that names and dedications are consistent with the value and character of the area or neighborhood served Encourage public participation in the naming, renaming and dedication of parks, recreation areas and facilities Encourage the dedication of lands,facilities, or donations by individuals and/or groups DEFINITION. Parks, recreation areas and facilities—means and includes all city parks, trails, swimming pools, buildings, playgrounds, skate parks and/or any other public property under management and control of the Parks and Recreation Department, owned or leased by the city for the public benefit RESPONSIBILITY. It is the responsibility of the Parks and Recreation Director to ensure the parks, recreation areas and facilities naming and dedication process takes place in compliance with the intent of this policy. NAMING CRITERIA. The policy of the Parks and Recreation Department is to name parks, recreation areas and facilities through an adopted process utilizing established criteria emphasizing community values and character, local history,geography and the environment Naming may also be based on a financial contribution made by an individual, family or group 1 Acceptable criteria for names of parks, recreation areas and facilities are as follows: A. The proposed name describes the geographical area where the facility is located B. The proposed name describes something specifically unique to the Apache Junction area (flora, fauna,geology, historical or cultural descriptive terminology) C The proposed name acknowledges significant financial support received from individuals or groups that pays for or donates park land, donates an amount that would provide for 51% or more of the parks development, and/or donates an amount that would cover the on- going operating and maintenance needs of the park.The value of volunteer time does not apply to this criterion. 2. Parks, recreation areas and facilities should be named prior to the beginning of the design for development so that the area takes on an early identification and allows for proper tracking during development 3 The naming of a parks, recreation areas and facilities may be done in conjunction with the community or neighborhood that will be served.This may be accomplished through various means as determined by staff and may include naming contest or recommendations made by recognized community groups. 4 Although not encouraged, names may be changed if properly justified and approved by the Parks and Recreation Commission and City Council. DEDICATION CRITERIA The policy of the Parks and Recreation Department is to utilize a dedication program to recognize and honor individuals or groups contributing to the park system but not qualifying under the naming criteria Parks, recreation areas,facilities or portions thereof, may be dedicated in memory, or honor of, individuals or groups by the placement of a dedication or memorial plaque that describes the contribution The plaque must be made of quality material, rated for outdoor use and shall be no larger than 8"x 10"for minor amenities and 28"x 32" for major amenities. 1. Acceptable criteria for dedications of parks, recreation areas and facilities are as follows A Dedications are encouraged to be in the form of facility improvements or enhancements B Dedications may be in recognition of outstanding service that benefits the City, substantial donations or significant contribution to the facility or Parks and Recreation Department. C Dedications may be in memory of deceased individuals who have significantly contributed to the facility or Parks and Recreation Department D Individuals or groups sponsoring(nominating) a dedication must provide sufficient funds to purchase and install the dedication or memorial plaque. The City will make every effort to maintain and preserve installed plaques but will not be responsible to replace and/or repair damaged or stolen ones E Dedications of minor amenities(trees, benches, etc ) shall be handled administratively by the Parks and Recreation Department. Dedications of major amenities (buildings, sports fields, etc.)shall be approved by the Parks and Recreation Commission and City Council.The wording, placement and/or mounting of plaque is subject to approval by the Parks and Recreation Department PROCEDURE.The procedure for naming/dedicating parks, recreation areas and facilities is as follows: 1 Public initiated request to name or dedicate a park, recreation area or facility shall be submitted in writing to the Parks and Recreation Director. 2 Those submitting a naming/dedication request shall show how the proposed name/dedication is consistent with the criteria stated in this policy When naming/dedicating after a person,the request must describe the contributions to the facility or Parks and Recreation Department Written documentation of approval by next of kin (if available) is required as part of the proposal City staff will review the proposal for adherence to stated criteria and authentication of statements of contributions before forwarding to the Parks and Recreation Commission 3. The Parks and Recreation Commission will offer the opportunity for public input on the proposed naming/dedication. 4. The Parks and Recreation Commission shall forward their recommendation to City Council for final decision. 5 The Parks and Recreation Director and/or Parks and Recreation Commission can initiate the naming/dedication process whenever deemed necessary and/or in the best interest of the City 6 In the absence of any naming/dedication request, the Parks and Recreation Commission shall adhere to criteria stated in this policy in recommendation of name/dedication AM ---- - 0nckfd O� CO z Cf ApacheJunction Home of the ,Super-rtrtson Mountains 4 Pizfll4 l" TO. City Manager's Office FROM Bryant Powell,Assistant City Manager DATE May 7,2013 Agenda Type Regular Agenda Council Priority Focus Area• Public Safety TITLE OF AGENDA ITEM Consideration of approval of Resolution No 13-14, an intergovernmental agreement with the Apache Junction Fire District for services, equipment and training ACTION REQUESTED. Recommendation for Approval DISCUSSION/BACKGROUND INFORMATION. Consideration of approval of Resolution No 13-14, authorizing the city to enter into an Intergovernmental Agreement with the Apache Junction Fire District to include joint coordination on items such as communications,training and safety equipment FISCAL IMPACT Budgeted Expenditure OPTIONS/ALTERNATIVES. RECOMMENDATION• Staff recommends approval ATTACHMENTS. Click to download O Resolution No 13 14 AJFD IGA ■ A►. RESOLUTION NO. 13-14 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AUTHORIZING THE CITY OF APACHE JUNCTION TO ENTER INTO AN AMENDED AND RESTATED INTERGOVERNMENTAL AGREEMENT WITH APACHE JUNCTION FIRE DISTICT FOR JOINT PUBLIC SERVICES, MATERIALS, AND EQUIPMENT. WHEREAS, on March 3, 1999, the City of Apache Junction (the "City") and the Apache Junction Fire District (the "District") , also collectively (the "Parties") , entered into an Intergovernmental Agreement ("IGA") for the use of City-provided fueling facilities, waiver of development and building permit fees, and fire safety services, and WHEREAS, on June 2, 2002, City and District entered into an IGA providing for the use of communications equipment by City; and WHEREAS, on January 4, 2005, City and District entered into an IGA providing for additional joint services, including but not limited to safety training, building code enforcement, and communication and safety equipment; and WHEREAS, on January 1, 2006, City and District entered into an IGA providing for 800 MHz Radio Equipment and the sharing of GIS data; and WHEREAS, the Parties are interested in adding additional joint services and combining all- prior amendments and versions into one IGA; and WHEREAS, the mutual cooperation on governmental services, materials and equipment would result in public savings and organizational efficiencies; and WHEREAS, pursuant to A. R. S. § 11-952 (A) , public entities, including the City and the District, may enter into intergovernmental agreements with each other to facilitate and share joint or cooperative activities; and WHEREAS, the Parties have .;he desire and the ability to assist each other and have crafted a written agreement in the form of an IGA which formalizes the arrangement for all RESOLUTION NO. 13-14 PAGE 1 OF 2 currently anticipated joint public services, materials and equipment . 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 approve the attached IGA between City and District for joint public services, materials, and equipment, the form of which is set forth in Attachment A; and the Mayor is hereby authorized to sign the agreement on behalf of the City. 2) Staff shall record such document in the Pinal County Recorder' s Office within sixty (60) days after full execution by all Parties . PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS DAY OF , 2013 . SIGNED AND ATTESTED TO THIS DAY OF , 2013 . JOHN S . INSALACO Mayor ATTEST : KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM: RICHARD J. STERN City Attorney RESOLUTION NO. 13-14 PAGE 2 OF 2 When recorded return to: Richard Joel Stern, Esq Apache Junction City Attorney 300 East Superstition Blvd. Apache Junction, AZ 85119 INTERGOVERNMENTAL AGREEEMENT BETWEEN CITY OF APACHE JUNCTION AND APACHE JUNCTION FIRE DISTRICT FOR JOINT PUBLIC SERVICES, MATERIALS, AND EQUIPMENT THIS AGREEMENT is made and entered into this day of 2013, by and between THE CITY OF APACHE JUNCTION, ARIZONA, an Arizona municipal corporation (hereinafter referred to as "City") and APACHE JUNCTION FIRE DISTRICT, a special taxing district (hereinafter referred to as "District"), both collectively being referred to herein as the "Parties", or individually as a "Party". RECITALS:A. On March 3, 1999, City and District entered into an Intergovernmental Agreement ("IGA") for the use of city-provided fueling facilities, waiver of development and building permit fees, and fire safety services. B. On June 2, 2002, City and District entered into an IGA providing for the use of communications equipment by City. C. On January 4, 2005, City and District entered into IGA providing for additional joint services, including but not limited to safety training, building code enforcement, and communication and safety equipment. D. On January 1 , 2006, City and District entered into an amended IGA providing for 800 MHz Radio Equipment and the sharing of GIS data. E The Parties are interested in adding additional joint public services and combining all prior amendments and versions into one IGA. F. The mutual cooperation on governmental services, materials and equipment would result in public savings and governmental efficiencies. G. The Parties have the desire and the ability to assist each other and are each authorized to enter this agreement pursuant to A.R.S. § 11-951 et seq. AGREEMENT NOW, THEREFORE, in consideration of the mutual promises contained herein and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the Parties agree as follows• 1 . PURPOSE The purpose of this Agreement is set forth the services, materials and equipment used between the Parties for the benefit of the Apache Junction Community. 2. CITY AND DISTRICT SERVICES A. TRAINING ASSISTANCE i District's Obligations: a At the request of City, participate with City in developing /conducting public information and safety education programs including, but not limited to• First Aid Training, Cardio Pulmonary Resuscitation ("CPR") Training, Cardio Cerebral Resuscitation ("CCR") Training, Fire Drill Training, and Fire & Life Safety Inspections of City Facilities at the sole cost of District. ii. City's Obligations: a. Coordinate with District and make all arrangements for first aid, CPR/CCR and fire drill training to include time, location and attendees. b. City will pay for or reimburse District the cost of training materials for first-aid, CPR/CCR, fire drill training and fire/safety inspections. B. FUELING FACILITIES i. District's Obligations: a. Furnish City with names of District personnel, District vehicle license plate numbers and District vehicle descriptions that will be authorized by District to access City's refueling facilities located at City Department of Public Works facilities, 575 East Baseline Road, Apache Junction, Arizona, or at any other location City moves its refueling facilities to any time during the term of this agreement. 2 b. Pay City the bid (or adjusted) price for fuel based upon the quantity used. c. Pay City a prorated amount based on use share of the cost of pump maintenance and any gasoline clean up. d. Pay City the cost of any damages to the fueling facility, intentionally or negligently caused by District its officers, employees or agents e. Provide padlock for the double-hasp locking device to secure fuel pump area allowing for 24 hour access. ii City's Obligations: a. Furnish District with authorization and access information, in format chosen by City, for use by District personnel at the automated fueling island. b. Provide District with a monthly statement showing a cost breakdown by vehicle of the quantity of fuel disbursed. c. Under normal, non-emergency conditions, and at its sole discretion, temporarily limit or discontinue access to the fueling facilities for purposes of facility repairs and maintenance d. Under emergency conditions due to local, state, national or international crisis involving a fuel shortage, restrict fuel distribution for all non-mission dependent District vehicles C. BUILDING/FIRE CODE ENFORCEMENT I. District Obligations. a Enforce the current edition and subsequent updates of the legally adopted fire code and appendices thereto as adopted and amended by City. b. Provide technical support for the prosecution against violators of the legally adopted fire code regulations through City Attorney's Office for complaints filed in the Apache Junction Municipal Court. 3 c. Perform necessary plan reviews within one (1) week following receipt of same to ensure compliance with the legally adopted fire codes and appendices, as noted above. d Perform inspections at the request of City within forty-eight hours for standard inspections and one (1) hour for emergency inspections. e. Assist and cooperate with City in its abatement of dangerous building efforts within City's jurisdiction. f. Agree that any decision made by District which are upon District's interpretation of the legally adopted fire codes and which are subsequently challenged by any permittee, may be appealed to City's Construction Board of Appeals Such decision shall be binding on District's Fire Chief and City Building Official as per City policies and procedures. g. Waive fees for City that would normally be charged for permits, inspections, orders, installations, investigations and notifications. h. Notify City of requests for fire permits and refrain from issuing such fire permits which are required pursuant to the legally adopted fire codes until written approval is received from City's Building Division. ii. City's Obligations a. Enforce the current edition and subsequent updates of Building and Fire Codes and appendices as adopted and amended by City. b. Refrain from issuing building permits and/or certificates of occupancy, other than for a single family dwelling, until written approval or sign-off is received from District. c. Perform inspections at the request of District within forty-eight (48) hours for standard inspections and within one (1) hour for emergency inspections. d. Waive fees for District that would normally be charged for permits, inspections, orders, installations, investigations and notifications. e. Serve as an agent to collect plan review fees established by District with plan review fees being reimbursed to District 4 f. Assist and cooperate with District in the abatement of dangerous buildings efforts located within City's jurisdiction. D. COMMUNICATION EQUIPMENT-800 MHz P25 RADIO SYSTEM i. District's Obligations: a. Coordinate with City to enable City's use of the 800 MHz P25 Radio System. b. Promptly review City's list of proposed communication equipment provided for as set forth below. Approval shall be within the discretion of District, however, such approval shall not be unreasonably withheld. c. Provide City with access to on-site Fire Station Communication Facilities and structures located at Fire Stations equipped with such d. Allow City to install communication antennas onto District owned communication towers to the extent space is available. e. Provide City with twenty-four (24) hour access to District communication facilities and towers for installation and maintenance of City communication equipment. f. Provide City with ninety (90) calendar days' notice of projected changes to District communication system, allowing City to review and provide comments to encourage compatibility between District and City communication systems. ii. City's Obligations a Coordinate with District to enable City's use of the 800 MHz P25 Radio System b. At its sole expense, be responsible for the programming, upgrades, acquisition, installation and encryption of all City radio equipment including but not limited to fixed, portable and mobile equipment such as hand-held, dash mounted and motorcycle radios compatible with the Communication System 5 c. Provide District with a list of City communication equipment proposed for installation at each Fire Station facility and on each communication tower which shall not interfere with the use and operation of District's fire station communication facilities. d. Provide District with a list of authorized communication equipment installation and maintenance personnel. e. Perform all necessary installation and maintenance of City equipment at City's sole cost and expense f. Provide District with ninety (90) calendar day's notice of projected changes to City communication equipment, allowing District to review and provide comments to encourage compatibility between District and City communication systems. g. Comply with District policies and procedures regarding access and operation of District facilities. h. Incur all costs associated with adding or removing equipment to any tower owned or leased by District, including all preliminary structural assessments, maintenance, and associated fees. E. FITNESS FACILITIES i. District's Fitness Facility. a. District's Obligations: (i) Make available its Fitness Facility to authorized personnel of City during hours to be determined by District from time to time which do not conflict with District's operations and the use of the Fitness Facility by District employees. b. City's Obligations: (i) City's employees shall be subject to the rules and regulations put in place from time to time governing the use of the Fitness Facility, including District's right to refuse access to any individual or individuals as District may determine in its sole discretion, which shall not be unreasonably exercised. (ii) Be responsible for damage to District's property arising from the use or misuse of District's property by City employees of District's Fitness Facility. 6 (iii) Acknowledges the use will be unsupervised, each employee using the equipment is responsible for knowing the proper use of the equipment, and each employee shall use the equipment at his or her own risk. (iv) Hold District harmless for any injury occurring while at District fitness facility. ii. City's Multi-Generational Facility: a. City's Obligation: (i) Make available its Multi-Generational Facility for the purpose of physical fitness for authorized personnel during regular business hours free of charge. Use will be limited to four district employees on any given day, with the occasional addition of a paramedic ride-along student. Use will be limited to on-duty hours only. No off-duty use will be allowed City, at its sole discretion, has the right to refuse access to any individual or individuals, which shall not be unreasonably exercised b. District's Obligation: (i) District's employees shall be subject to the rules and regulations put in place from time to time governing use of City's Multi-Generational Fitness Facility, including City's right to refuse access to any individual or individuals as City may determine in its sole discretion, which shall not be unreasonably exercised (ii) Be responsible for damage to City's property arising from the use or misuse of City's property by District employees of City's Multi-Generational Fitness Facility. (iii) Acknowledge the use will be unsupervised, each employee using the equipment is responsible for knowing the proper use of the equipment, and each employee shall use the equipment at his or her own risk. (iv) Hold City harmless for any injury occurring while at the Multi- Generational fitness facility. 7 F. GEOGRAPHIC INFORMATION SYSTEM DATA i. District's Obligations a. Provide access to City any and all of its Geographic Information System ("GIS") data, and regularly exchange GIS data with City. b. Bill City for City's portion of GIS mapping services, which shall consist of 50% of update fees for all updates done within Apache Junction's incorporated City limits when such charges are incurred by District from outside vendors for the purpose of upgrading any GIS data requested by City. ii. City's Obligations: a. Reimburse District for City's portion of the charges and updates completed within Apache Junction's incorporated City limits. City will not pay for any updates to areas outside of the incorporated City limits. b. Pay for 50% of the cost of State Land base maps for lands within the incorporated City limits. G. AED UNITS i. District's Obligations: a. Resupply City Automatic External Defibrillators ("AEDs") to locations City identifies, in addition to those already set forth in Exhibit A, at City's expense. b. Provide training for City's designated employees twice a year or as requested by City, at the sole cost of District. c. Maintain records of all AEDs placed in City facilities, and provide regular inspection, maintenance, and medical supplies pursuant to the same standards District uses for its AEDs, at the sole cost of District. ii City's Obligations: a Locate the AEDs in accordance to City's needs, and notify District of all AED locations. 8 b. Notify District and take out of service any AED unit immediately following its use or upon any suspected irregularity, defect, malfunction or other indication of potential safety risks. c. Be responsible for any damage to the AEDs while in the possession of City and be responsible for the safe keeping, storage and limiting access to the AEDs only to trained City employees. H. SWAT MEDICS i District's Obligations: a. Designate, from time to time, certain employees with current paramedic certification to serve as SWAT Medics, who shall: (1) be available, upon reasonable notice, and per their availability to train with City's Police Department SWAT Team; (2) remain employees of District, and (3) be available for duty only within fire district boundaries. ii. City's Obligations: a. Provide SWAT Medics with all reasonable and necessary training, at City's sole expense, with yearly training hours not exceeding 74 hours per person unless authorized by District; Off-duty SWAT call out hours will not exceed 50 hours per year unless authorized by District. b. Provide all reasonable and necessary supervision of SWAT Medics during all training and deployment at City's sole expense. c. Provide SWAT Medics with any and all SWAT gear and equipment at no cost to District, inclusive of SWAT medical supplies. d. Ensure that SWAT Medics employed by District will not be required nor will have the option of beingarmed during SWAT training or real event call-outs I. PAVING• i District's Obligations a. Pay City, at an amount equal to City's cost, for any paving work including labor and materials. ii. City's Obligations: 9 a. Provide paving work, labor and materials, through its Public Works Department to District, upon reasonable notice, and per City schedule availability, and at a cost reasonably estimated by City in advance. J. TRAFFIC SIGNAL PREEMPTION SYSTEM: i District's Obligations: a Pay City at an amount equal to City's cost for the maintenance of traffic signal preemption devices and equipment located outside of City limits as listed in Exhibit B. b. Provide reasonable notice to City for all requests for service or maintenance of any preemption devices. ii. City's Obligations a. Provide and install preemption devices in all new traffic signals. b. Provide maintenance personnel on request by the Arizona Department of Transportation ("ADOT") or District for the maintenance of the preemption devices on the traffic signals listed in Exhibit B. c. Maintain a reasonable inventory of replacement preemption parts necessary for repair of all preemption equipment for the traffic signals listed in Exhibit B. K. FACILITIES & PROPERTIES i. District's Obligations a. Request, in its sole discretion, the use of certain City owned/ operated facilities for various purposes, including but not limited to; training, educational classes, promotional testing, and special meetings for which the sites may include Multi-Generational Building/Rooms, Superstition Shadows Aquatic Center, City Meeting/Conference Facilities to the extent the City has authority to operate the facilities. b Grant use of its various facilities at the request of City for various purposes, including but not limited to; training, educational classes, promotional testing, and special meetings for which the sites may include Training Tower, Fire Station Bays, Meeting and Conference 10 Rooms, etc. Use may be granted during hours to be determined by District from time to time which do not conflict with District's operations and the use of the various facilities by District employees. c. Transport all District foliage trimmings to a single fire station (FS 263) for staging until City can schedule said removal or with prior approval from City, deliver such trimmings directly to City yard located at 575 E. Baseline Avenue for disposal. d. Make requests for the use of City owned/operated facilities with a 30 calendar day notice whenever possible for planning and authorization e. Hold City harmless for any injury occurring while utilizing any City owned or operated facilities. ii City's Obligations: a. Request District to move Training Tower currently located at 575 E. Baseline Avenue at the sole expense of District with ninety (90) calendar days' notice. b. Provide access to the Public Works yard during regular business hours Monday through Thursday, or through other pre-scheduled arrangements. City may temporarily limit or restrict access to Training Tower for the purpose of site improvements, maintenance or special City operations. �- c. Request the use of certain District facilities for various purposes, including but not limited to; training, educational classes, promotional testing, and special meetings with such sites to include: Training Tower, Fire Station Bays, Meeting and Conference Rooms. d. Grant use of its various facilities at the request of District for various purposes, including but not limited to; training, educational classes, promotional testing, and special meetings with such sites to include. Multi-Generational Building/Rooms, Superstition Shadows Aquatic Center (main pool), City Meeting/Conference Facilities, to the extent City has authority to operate the facilities. Use may be granted during hours to be determined by City from 11 time to time which do not conflict with City's operations and the use of the various facilities by City employees. e Allow District to deliver landscaping trimmings and cuttings directly to City's Public Works facility site for disposal and will schedule manpower and equipment to transport stock-piled tree and bush trimmings from a District facility (FS 263) to City's site for disposal. f. Make requests for the use of District facilities with a 30 calendar day notice whenever possible for planning and authorization. g Hold District harmless for any injury occurring while utilizing any District facility. L. PUBLIC SERVICE ANNOUNCEMENTS I MARKETING i District's Obligations: a. Assist City in efforts to market Public Service Announcements ("PSA") or Emergency Announcements that are mutually beneficial to the public safety and well being of the community. b. Make available its facilities and social media sites, including District web site, Face Book Page, Twitter Account, Flicker Page, You Tube Site for the purpose of marketing any mutually beneficial PSA, Emergency Announcement, or Press Release. c. Provide to City quality video-media, photo-media, and audio-media as per the technical specifications required by City with a reservation of right to refuse any media presented. d. Assist with City's Media Producer in joint ventures as requested by City. ii City's Obligations: a. Assist District in efforts to market Public Service Announcements ("PSA") or Emergency Announcements that are mutually beneficial to the public safety and well being of the community b Make available its advertising resources including but not limited to Lighted Marquee Sign at Phelps & Apache Trail (across from the Focal Point), Banner posts located at City entrances on Apache Trail & Old West Highway, City's Channel 11 Public Access Channel and social media sites, including City web site, Face Book Page, 12 Twitter Account, Flicker Page, You Tube Sitefor the purpose of marketing any mutually beneficial PSA, Emergency Announcement, or Press Release. c. Provide District with some allowance and use of peak demand times for PSAs and Emergency Announcements on Channel 11 and the City's lighted marquee sign. d Provide to District quality video-media, photo-media, and audio- media as per the technical specifications required by District with a reservation of right to refuse any media presented. e. Assist with District's Multi-Media Specialist in joint ventures as requested by District. M. JOINT SPECIAL EVENT PARTICIPATION i District's Obligations: a. Assist City during special Community Events sponsored, or co- sponsored by City, including but not limited to Lost Dutchman Days, Special Rodeo Events, Community Parades by providing temporary medical coverage and other District resources when requested by City, and as District resources allow all assistance provided being at the sole cost of District. ii City's Obligations: a. Allow a minimum notice of 30 calendar days for such events for District planning purposes. 3. INDEMNIFICATION AND INSURANCE To the extent permitted by law, the Parties covenant and agree to fully indemnify, hold harmless and defend each other and their directors, council members, board members, officers, agents, servants and employees from and against any and all claims or actions of whatsoever kind of character, whether real or asserted, arising out of or in connection with this Agreement, except to the extent such claims or suits arise out of or are based upon acts or omissions by each Party or their directors, council members, board members, officers, servants, employees or agents. If any action or claim shall be brought or asserted against either Party their directors, council members, officers, agents, servants or employees for which indemnity may be sought from either Party, then the Parties shall promptly notify each other in writing. The Parties agree to 13 within ten (10) working days of receiving such notice, assume the defense of each other, and the payment of all expenses, including any attorney fees and all court costs which shall be paid as incurred. This indemnification provision shall apply to any and all acts or omissions, willful misconduct or negligent conduct, whether passive or active, on the part of the Parties, their directors, council members, board members, employees and agents. It is understood and agreed that either Party may elect to self-insure or obtain insurance through their pooling agreement with other governmental entities against any or all of the risks related to this Agreement The Parties shall provide each other with a current insurance certificate or other evidence of coverage as appropriate. This section shall survive the expiration or early termination of this Agreement. 4. DURATION OF AGREEMENT/TERMINATION This Agreement shall be valid for a term of twenty (20) years with joint City and District reviews to be held every three (3) years, based on the effective execution date of this IGA, and shall automatically be renewed every year thereafter However, either Party may terminate this Agreement for any reason upon sixty (60) calendar days' written notice to the other Party by first class certified mail, postage prepaid, or by overnight delivery addressed to the other Party as set forth in Section 9 of this Agreement. 5. BINDING EFFECT/ASSIGNMENT The obligations and rights created in this Agreement are binding upon and shall inure to the benefit of the Parties and their successors, assigns and legal representatives Neither Party may assign its rights under this Agreement without the prior written approval of the other Party. Such successor or assignee shall assume, in writing, all duties and obligations hereunder of the prior Party and shall further agree to be bound by and to fully perform the terms of this Agreement. 6. ENTIRE AGREEMENT This instrument contains the entire agreement between the Parties hereto with respect to the subject matter contained in it and supersedes all prior and contemporaneous agreements, discussions and representations related thereto No supplement, modification or amendment hereof shall be binding and effective unless in writing and signed by all of the Parties. 7. SEVERABILITY 14 The Parties each believe that the execution, delivery and performance of this Agreement are in compliance with all applicable laws. However, in the unlikely event that any provision of this Agreement is declared void or unenforceable (or is construed as requiring the Parties to do any act in violation of any applicable laws, including any constitutional provision, law, regulation, or City Code), such provision shall be deemed severed from this Agreement and this Agreement shall otherwise remain in full force and effect; provided that this Agreement shall retroactively be deemed reformed to the extent reasonably possible in such a manner so that the reformed agreement (and any related agreements effective as of the same date) provide essentially the same rights and benefits (economic and otherwise) to the Parties as if such severance and reformation were not required Unless prohibited by applicable laws, the Parties further shall perform all acts and execute, acknowledge and/or deliver all amendments, instruments and consents necessary to accomplish and to give effect to the purposes of this Agreement, as reformed. 8. GOVERNING LAW, VENUE AND ATTORNEY FEES The terms and conditions of this Agreement shall be governed by and interpreted in accordance with the laws of the State of Arizona Any action at law or in equity brought by either Party for the purpose of enforcing a right or rights provided for in this Agreement shall be tried in a court of competent jurisdiction in Pinal County, 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 term 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 includingall litigation and appeal expenses, collection expenses, reasonable attorneys' fees, necessary witness fees and court costs to be determined by the court in such action. 9. NOTICES All notices and insurance certificates required under this Agreement shall be sent as follows: If to City: City Manager City of Apache Junction 300 East Superstition Blvd. Apache Junction, AZ 85119 And to: City Attorney 15 City of Apache Junction 300 East Superstition Blvd. Apache Junction, AZ 85119 If to District:Board Chair Apache Junction Fire District 565 North Idaho Rd Apache Junction, AZ 85119 And to: Donna Aversa Leonard & Felker, PLC 7440 North Oracle Road, Bldg. 2 Tucson, AZ 85704-6376 10. CONFLICTS OF INTEREST The provisions of A.R.S. § 38-511 relating to cancellation of contracts due to conflicts of interest shall apply to this Agreement. IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be duly executed as of the day and year first above written APACHE JUNCTION FIRE DISTRICT, a special taxing district, By: Todd House, Fire Board Chairman ATTEST: Linda Shank, Clerk of the Board THE CITY OF APACHE JUNCTION, ARIZONA, an Arizona municipal corporation By: John S. Insalaco, Mayor ATTEST: Kathleen Connelly, City Clerk 16 STATE OF ARIZONA ) ) ss. COUNTY OF PINAL ) The foregoing instrument was acknowledged before me , 2013, by Todd House, as Chairman of the Apache Junction Fire District Board, who acknowledged that he signed the foregoing instrument on behalf of District. Notary Public STATE OF ARIZONA ) ss COUNTY OF PINAL ) The foregoing instrument was acknowledged before me , 2013, by John S Insalaco, Mayor of the City of Apache Junction, who acknowledged that he signed the foregoing instrument on behalf of City Notary Public 17 COUNSEL APPROVAL AS TO FORM: I have read this Agreement and have determined such Agreement is in proper form and is entered into within the powers of and authority granted under the laws of the State of Arizona. Donna Aversa, Apache Junction Fire District Attorney Date I have read this Agreement and have determined such Agreement is in proper form and is entered into within the powers of and authority granted under the laws of the State of Arizona. Richard J. Stern, Apache Junction City Attorney Date 18 EXHIBIT A AUTOMATIC EXTRENAL DEFIBRILLATORS PLACED IN CITY FACILITIES: Facility Address Location 1. Superstition Aquatic Center 1091 W. Southern Ave. Lifeguard Office 2 Multi-Generational Building 1035 N Idaho Rd. Front Desk 3. Multi-Generational Building 1035 N Idaho Rd. Senior Center 4 Municipal Court Building 300 E. Superstition Blvd. Main Lobby Hallway 5. City Council Chambers 300 E Superstition Blvd Main Public Lobby 6 Library 1177 N. Idaho Rd Main Public Lobby 7. Development Services (SEE NOTE) 300 E Superstition Blvd Main Public Lobby 8 Public Works Facility (SEE NOTE) 575 E. Baseline Ave. 1st Fleet Bay, 1st Floor NOTE: The initial AED units were not provided at District cost, and are of a different manufacturer than those serviced and maintained by District. District will provide regular courtesy inspections, but supplies and service are the sole responsibility of City. 19 EXHIBIT B TRAFFIC SIGNALS OUTSIDE OF CITY OF APACHE JUNCTION WITH TRAFFIC PRE-EMPTION CONTROL: Cross Roads Location Mile Post Roadway Jurisdiction 9 US 60 & Mountain View Rd AJ 199.5 (approx) ADOT 10 US 60 & Superstition Mt Blvd. GC 201 (approx) ADOT 11. US 60 & Mountain Brook Dr. GC 202 (approx.) ADOT 12. US 60 & Kings Ranch Rd. GC 202.5 ADOT 13 US 60 & Peralta Trails Rd GC 204 2 ADOT *Placement and Installation of devices is dependent on ADOT approval. 20 ROLL CALL VOTE NOTES / Y � V Od ITEM # �(31 MEETING F /)) /5 , trYj MOTION BYJ SECONDED BY t YES NO ABSTAINED COUNCILMEMBER EVANS V COUNCILMEMBER BARKER / VICE MAYOR DIETZ COUNCILMEMBER WALDRON V COUNCILMEMBER SERDY V COUNCILMEMBER WILSON V MAYOR INSALACO UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL CONSENT AGENDA ITEMS NO. 1-10 I MOVE THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED, AND THAT APPROVAL BE GIVEN FOR THE CONTRACT BETWEEN SUNLAND ASPHALT AND THE CITY OF APACHE JUNCTION FOR STREET DRAINAGE IMPROVEMENTS WITHIN THE SUPERSTITION VILLA SUBDIVISION THROUGH TCPN COOPERATIVE CONTRACT #R5255 IN THE AMOUNT OF $296,685.44 WITH 10% CONTINGENCY FOR UNFORESEEN CHANGE ORDERS IN THE AMOUNT OF $29,668.54 FOR A TOTAL AMOUNT NOT TO EXCEED $326,353.98, AND THAT AUTHORIZATION BE GIVEN FOR THE MAYOR TO SIGN THE CONTRACT PENDING FINAL APPROVAL AS TO FORM BY THE CITY ATTORNEY, AND THAT THE AWARD OF BID FOR PW 2010-22B,NORTH APACHE TRAIL IMPROVEMENTS PHASE 2, BE AWARDED TO NESBITT CONTRACTING CO., INC. IN THE AMOUNT OF $585,162 15 PLUS 5% FOR UNFORESEEN CHANGE ORDERS IN THE AMOUNT OF $29,258.11, FOR A TOTAL AMOUNT NOT TO EXCEED $614,420 26; AND THAT AUTHORIZATION BE GIVEN FOR THE MAYOR TO SIGN THE CONTRACT PENDING FINAL APPROVAL AS TO FORM BY THE CITY ATTORNEY; AND THAT THE AWARD OF BID FOR PW 2012-06, OLD WEST HIGHWAY SIDEWALK IMPROVEMENTS, BE AWARDED TO VISUS INC IN THE AMOUNT OF $105,000.00 PLUS 5% FOR UNFORESEEN CHANGE ORDERS IN THE AMOUNT OF $5,250 00 FOR A TOTAL AMOUNT NOT TO EXCEED $110,250 00; AND THAT AUTHORIZATION BE GIVEN FOR THE MAYOR TO SIGN THE CONTRACT PENDING FINAL APPROVAL AS TO FORM BY THE CITY ATTORNEY; AND THAT APPROVAL BE GIVEN FOR THE CONTRACT BETWEEN J. BANICKI CONSTRUCTION, INC. AND THE CITY OF APACHE JUNCTION FOR STREET AND DRAINAGE IMPROVEMENTS FOR GRAND DRIVE, OCOTILLO DRIVE AND MAIN DRIVE BOUNDED BY BROADWAY AVENUE AND APACHE TRAIL THROUGH CITY OF PEORIA COOPERATIVE CONTRACT#ACON42011 IN THE AMOUNT OF $619,660 01 PLUS 10% CONTINGENCY FOR UNFORESEEN CHANGE ORDERS IN THE AMOUNT OF $61,966.00 FOR A TOTAL AMOUNT NOT TO EXCEED $681,626 01; AND THAT AUTHORIZATION BE GIVEN FOR THE MAYOR TO SIGN THE AGREEMENT PENDING FINAL APPROVAL AS TO FORM BY THE CITY ATTORNEY; AND THAT RESOLUTION NO 13-10, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AUTHORIZING SUBMISSION OF A GRANT APPLICATION TO THE VALLEY METRO REGIONAL PUBLIC TRANSPORTATION AUTHORITY FOR PARTICIPATION IN ITS FISCAL YEARS 2012- 2013 LOCAL TRANSPORTATION ASSISTANCE FUND II PROGRAM, BE APPROVED; AND THAT AUTHORIZATION BE GIVEN FOR THE MAYOR TO SIGN THE PASS THROUGH AGREEMENT PENDING FINAL APPROVAL AS TO FORM BY THE CITY ATTORNEY; AND ,tea THAT APPROVAL BE GIVEN FOR THE DEMOLITION AGREEMENT BETWEEN THE AJ TOWN CENTRE LIQUIDATION TRUST AND THE CITY OF APACHE JUNCTION FOR THE DEMOLITION OF A SINGLE FAMILY RESIDENCE AT 247 EAST JUNCTION STREET; AND THAT AUTHORIZATION BE GIVEN TO THE MAYOR TO SIGN THE AGREEMENT, AND THAT RESOLUTION NO 13-12, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AUTHORIZING THE CITY OF APACHE JUNCTION TO ADOPT A PUBLIC PARKS,AREAS AND FACILITIES NAMING/DEDICATION POLICY, BE APPROVED, AND THAT RESOLUTION NO 13-14, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,AUTHORIZING THE CITY OF APACHE JUNCTION TO ENTER INTO AN AMENDED AND RESTATED INTERGOVERNMENTAL AGREEMENT WITH APACHE JUNCTION FIRE DISTRICT FOR JOINT SERVICES, MATERIALS, AND EQUIPMENT, BE APPROVED. grACH ✓G °� � • 'y of Apache Junction v z Home of the Superstition Mountains W /'\ TO City Manager's Office FROM Giao Pham P E , Public Works Director DATE May 7,2013 Agenda Type . Regular Agenda Council Priority Focus Area Additional Item Outside Scope of Identified Council Priorities TITLE OF AGENDA ITEM. PROCLAMATION DESIGNATING MAY 19-25,2013,AS"NATIONAL PUBLIC WORKS WEEK" ACTION REQUESTED. Presentation and Discussion DISCUSSION/BACKGROUND INFORMATION: National Public Works Week recognizes the contributions that public works employees make every day to our health, safety, comfort and quality of life FISCAL IMPACT. Budgetary Approval Not Required /11% OPTIONS/ALTERNATIVES: RECOMMENDATION• Reading of Proclamation ATTACHMENTS Click to download El Public Works Week Proclamation 1 / V %- ,,Li!.. / I ( L 'V 1 1. V / !. "NATIONAL PUBLIC WORKS WEEK" MAY 19-25, 2013 WHEREAS, PUBLIC WORKS services provided in our community are an integral part of our citizens' everyday lives, and WHEREAS, the support of an informed and understanding citizenry is vital to the efficient operation of PUBLIC WORKS systems and programs; and WHEREAS, the health, safety and comfort of this community greatly depends on these PUBLIC WORKS facilities and services, and WHEREAS, the quality and effectiveness of these facilities, as well as their planning, design and construction is vitally dependent upon the efforts and skill of PUBLIC WORKS officials, and WHEREAS, the efficiency of the qualified and dedicated personnel who staff PUBLIC WORKS departments is materially influenced by the people's attitude and understanding of the importance of the work they perform NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the City of Apache Junction, Arizona, that I, Mayor John S. Insalaco do hereby proclaim May 19th through May 25th, 2013 as "NATIONAL PUBLIC WORKS WEEK" in Apache Junction, and call upon all citizens and civic organizations to acquaint themselves with the efforts involved in providing our PUBLIC WORKS services, and recognize the contributions the PUBLIC WORKS employees make every day to our HEALTH, SAFETY, COMFORT AND QUALITY OF LIFE. Signed this day of , 2013. JOHN S. INSALACO MAYOR ATTEST. KATHLEEN CONNELLY CITY CLERK Ink An. • ppacrfE„ 'o 0 o�f Apache Junction 5 z Home of the Supen'tztzon A 1 ountains 4afzOtr ON TO City Manager's Office FROM George Hoffman, City Manager DATE May 7,2013 Agenda Type Regular Agenda Council Priority Focus Area. TITLE OF AGENDA ITEM. MANAGER'S REPORT ACTION REQUESTED. DISCUSSION/BACKGROUND INFORMATION• FISCAL IMPACT. OPTIONS/ALTERNATIVES. eiN RECOMMENDATION• ATTACHMENTS• Click to download No Attachments Available . . pp0.CH f.Z c'o i0 q f_pache Junction u Home of the Super:ciitron Mountains 4 Pizoto' TO City Manager's Office FROM Pat Brenner, Community Relations Manager DATE May 7,2013 Agenda Type . Regular Agenda Council Priority Focus Area. TITLE OF AGENDA ITEM- PRESENTATION BY REPRESENTATIVES OF THE APACHE JUNCTION FIRE DISTRICT REGARDING "NATIONAL DROWNING PREVENTION MONTH " ACTION REQUESTED: DISCUSSION/BACKGROUND INFORMATION May is National Drowning Prevention Month Representatives from the Apache Junction Fire District will present on the cause FISCAL IMPACT OPTIONS/ALTERNATIVES. RECOMMENDATION ATTACHMENTS. Click to download No Attachments Available ea- F.?ACHf✓ . y�o City of Apache Junction Home of the .cuperrtition Moun/ainr 'I t arz AAP' Oill TO• City Manager's Office FROM Matt Busby,Assistant to the City Manager DATE May 7,2013 Agenda Type . Regular Agenda Council Priority Focus Area TITLE OF AGENDA ITEM. PRESENTATION AND DISCUSSION ON CURRENT STATE LEGISLATION ACTION REQUESTED Presentation and Discussion DISCUSSION/BACKGROUND INFORMATION Staff will give an update on current state legislation of interest to local government FISCAL IMPACT- OPTIONS/ALTERNATIVES. ell RECOMMENDATION. ATTACHMENTS. Click to download No Attachments Available PUBLIC HEARING /'\ 1. For APPLICATION FOR AN AGENT CHANGE-ACQUISITION OF CONTROL, SERIES 7 LIQUOR LICENSE FOR SCUTTLEBUTTS 2. Will CITY CLERK KATHLEEN CONNELLYspeak to the Council? 3. Will the applicant or spokesperson please sneak 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. d Pq ACkF Ciy of pache Junction u z Home a f the S upetsditron Mountains 4RrzaSIk OIN TO: City Manager's Office FROM. Kathy Connelly,City Clerk DATE May 7,2013 Agenda Type Regular Agenda Council Priority Focus Area Required by Federal Law or State Statute TITLE OF AGENDA ITEM: APPLICATION FOR AN AGENT CHANGE-ACQUISITION OF CONTROL,SERIES 7 LIQUOR LICENSE FOR SCUTTLEBUTTS LOCATED AT 1200 WEST APACHE TRAIL ACTION REQUESTED. Recommendation for Approval DISCUSSION/BACKGROUND INFORMATION• The next step in the procedure is for the council to hold a public hearing on the application and make a recommendation for approval or denial to be forwarded to the Arizona Department of Liquor Licenses and Control FISCAL IMPACT. OPTIONS I ALTERNATIVES• RECOMMENDATION ATTACHMENTS Click to download ❑ cover memo ❑ Scuttlebutts application part I ❑ application part 2 ❑ notice ❑ applicant letter ❑ department memo 0 planning recommendation ❑ pd recommendation I - APRIL 17. 2013 MEMORANDUM TO HONORABLE MAYOR AND CITY COUNCIL MEMBERS THROUGH. GEORGE R. HOFFMAN, CITY MANAGER THROUGH. KATHLEEN CONNELLY, CITY CLERK FROM. JAN MASON, DEPUTY CITY CLERK SUBJECT. AGENDA ITEM FOR MAY 7, 2013. APPLICATION FOR A LIQUOR LICENSE FOR SCUTTLEBUTTS An application for an agent change — acquisition of control. Series 7 Liquor License has been submitted by Ms. Debra Jean Snow-Squadere for Scuttlebutts located at 1200 W Apache Trail, Apache Junction. Correspondence has been received from the police department and the planning department; a copy of which is attached. Correspondence from the fire district is pending ` and will be forwarded upon receipt The next step in the procedure is for the City Council to hold a public hearing on the application and make a recommendation for approval or denial to be forwarded to the State Department of Liquor Licenses and Control. ARIZONA—EPARTMENT OF LIQUOR LIC'SES & CONTROL 800 W Washington 5th Floor Phoenix AZ 85007-2934 www.azliquor gov { APPLICATION FOR AGENT CHANGEOL - RESTRUCTURE Check Appropriate Box 2 Agent Change Complete Sections 1.2,3.4,6 Complete Sections 1.2.(3,4 it changing Agent'41111111111111111NIOLze, ompletee Sections 1,2.(3,4 If char ing Agent),5.5 (See Note 1 on back) (See Note 2 on bade _ . SECTION 1 (COMPLETE THIS SECTI RE) 1 Name(INDIVIDUAL OR EXISTING AGENT Of no argent change)OR NEW AGENT OR CORPORATE OFFR R OR LLC CONTROLLING MEMBER) Last First Middle Liquor License# 2. ©Corporation EirCL C G LU- .6 103110 Corp File* L /(C V1110-- (Exactly as it appears on Articles of Inc or Arttctes of Org) 3 Business Name .�`�[L,L.T"C-L ( iA--t —3 _ 'Exadiy as ri aac��ears on lice ) _ �j f 4 Business Address l n� G D it-'V', P L1- t"T/ ~c L t — ' 7 T 7 ' - 6 } (Do not use P t7 Box Number) City COUNTY Zip 5 Is the business located within the incorporated limits of the above city or town? Hl'es ONo 6 Mailing Address 71--/- - /U -�' � � /t'J'e7. - City State Zip e t ' — t✓/ - 7 Business Phone ftt���1 1 '�� 31�� Residence Phone ('��) I 8 Does this transaction involve the sale of any portion of the corporate stock? EYES ❑NO Q N!A If yes, submit certified copy of minutes r 9 Has there been any change of officers?OYES ONO EN1A If yes, submit a certified copy of minutes SECTION 2 (COMPLETE THIS SECTION FOR AGENT CHANGE,ACQUISITION OF CONTROL OR RESTRUCTURE) cr..) Each person listed in Section 11 must submit a personal questionnaire(Form LICO1O1)and a Department approved fingerprint card which may be obtained at the Dept A person appearing in both lists need only submit one questionnaire L' and fingerpnnt card, 1 List individual owner or partners or all directors,officers in carp, members in LLC. Last First Middle Title Residence Mdcess Clete Z5 • LtPT-4 a ii - � Nit l3 h� iGG77T � Me-44 f = - - (ATTACH ADDITIONAL SHEET(S)IF NECESSARY) 2 List stockholders or controlling members owning 10%or more of Corp/LLC Last First Middle %Owned Residence Address City State Zip S4 -S4)�u i M J t—� I i c c 1-43 A/ /04--'hi .57- -V-r--1111e-L5A / z-f� Liars02 4,2003 (ATTACH ADDITIONAL SHEET(S)IF NECESSARY) r� Otsab�ed indi q a m 'duala reng spectra;axamadaiiaas please can t e Department Date Received .5�/ — Q CSR_ ' c SECTION 3 (COMPLETE THIS+ NT1ON FOR AGENT CHANGE) _ 1. If the corporation/L.L C is owned by another entity,ATTACH AN OWNERSHIP AND DIRECTOR/OFFICER I MEMBER DISCLOSURE for the parent entity. Attach additional sheets as necessary in order to disclose real people. As an Agent,will you be physically present and operating the licensed premises' []YES 0 NO If you answered YES,you must provide proof of attendance of a Department approved Liquor Law Training Course within the last five years before your application for itoe44440, be sirbjtt ," nanaaer with approved trainina must be submitted. ,;' SECTION 4 (COMPLETE THIS SECTiOli► (?> ,AG NT CHANGE) To be completed by the INDIVIDUAL OR EXIST1N( ENT OR'CORPOI TE OFFICER OR L.L.C..COMTZOLLI/NG MEMBER.1, License Number i)7// 4)ti' -', ( e Date of last renewal t f /g/ r.2 ' 2 Current Licensee or Agent 4-'76t 4j Z'`' 4 .. : e ) 4,4..-T"+ 'ti`(' (Exactly as it appeapn license) Last r rs., �+ irtt , w+ *,�.. Aillalie I, ;� ti ,4 \324 r'.'r,. .".�U 1".Sd i,t-4' -A hereby consent to the agent appointment named herein and (Print M name) agree to immediately assign a new agent in the event of the death, resignation,or discharge of this agent I also understand that if the background report shows that I the corporation or any officer, director,member, or stockholder have been convicted of a felony in the past five(5)years I will immediately surrender the license to the Arizona Department of Liquor Licenses and Control a hereby waive )t rights to appeal such action a-Z State of County of egpJi...„r ' Y , C_ The for instrument was acknowledged before me this (Silnirture of I DUAL'COR Et CLUB OFFICER1MEt.t R) .ei49j f� day of ; �- �'/' - OFFICIAL SEAL Day Month Yea My commission expiresf' MICHELE COLEGROVE�- " MARICGF'A COUNTY i • ature o OTARY PUBLIC) r-` SECTION 5 (COIV WLL i t. I Hi oLUT1ON FOR RESTRUCTURE) - /' re- Is there more than one licensed premises involved? El YES I.J NO If yes, SEPARATE APPLICATIONS must be filed at fees paid for each license/location V Type of current ownership' Type of new ownership. JTWROS ❑ JTWROS ,"' ❑ INDIVIDU AL ❑ INDIVIDUAL ❑ PARTNERSHIP 0 PARTNERSHIP E. CORPORATION R. CORPORATION LIMITED LIABILITY CO LIMITED LIABILITY CO ❑ TRUST 0 TRUST ❑OTHER Explain 0 OTHER Explain SECTION 6 (COMPLETE THIS SECTION FOR AGENT CHANGE,ACQUISITION OF CONTROL OR RESTRUCTURE) To be completed by INDIVIDUAL OR EXISTING AGENT(If no agent change) OR NEW AGENT OR CORPORATE OFFICER OR LLC CONTROLUNG MEMBER as listed in Question 1 Section 1. I, ,./. ie .,I.Ef Nf E /vtf 11-)-.-��4'14-41=3e- - . hereby declare that I am the APPLICANT filing this application (Print full name) hay,e read the application and the contents and all statements are true correct and complete x .1e -„- t1 State of ,t ' County of Na- .i' (?s - x 4 //`74/` k 4 '.L`�L. , _ fo oing instr ent was acknowledged before me this (SigIVIDU OFFFICEA[SEAL day of , /f it',:?` M►`LNELE COLEGROV Y with Year C M.. . ,, .NOTARY PUgLfC Slate of AlgonaMy commission expires on `.' =,' My Carrel ElPoret February 12.201E nature of NOT Y PUBLIC) NOTE 1: The fee for an agent change MUST be subm this application: S100 for the first application and$50 00 for each additional application, not to exceed$1,000 00 (A R S 4-209 H) NOTE 2: The S100.00 fee for restructure MUST be submitted with this application (A R S 4-209 A) i IL. 4 CE kit rICAl1Un.O! 'VITAL 3tECUl r + _ +• d•�- I`. • is • STATE OF ARIZONA ,. STATE OF ARIZONA DEPARTMENT OF HEALTH SERVICES-OFFICE OF VITAL RECORDS • CERTIFICATE OF DEATH State File NO.102-2012-D40876 1 DECEDENT'S LEGAL NAME;FIRST MIDDLE LAST) 2 AICA S of ANY) 3 DATE Of DEATH • -!CHARD ANTHONY SOUADERE 4 SEX 5 SOCIAL SECJR•T Y NJIREEA E DATE OF E(RTK 7 A.W UNDER 1 YEAR JI en 1 DAY S MONTHS 0 DAYS 1D HOLM 11 /TEE LE 67 1 MPA • II.PLACE Of DEAt14 Ht?T>PrrAL 13 PLACE OF DEATH OTI#q THAN HOSPITAL. u ' IRLMIPA71ENT 0ER.40UTPATI NT 0,:'EADONAR'FIVAL ❑CAJ'CEPAf TY �LQNOTERA4DRE£+DENCED HOSPICE FACILI FACILITY 14 FACILITY NAME fOP STREET A,DPE6S IF NOT A FAC:A.'TV) 15 CITY TOWN 4IIP CODE OR LOCATKY:Of DEATH. IS COUNTY C'DEAT•H - 41 UNTAIN VISTA MEDICAL CENTER MESA 85209 3767 MARJCOPA 17 BIRTHPLACE IOTY AHD STATE OR FORE ION COU TRY1 'IS AIAAITAL STATUS AT TIME OF 19 NAME OF SURV'VLN3 SPOUSE IMAMDEN NAME IF WIFE) ROY NEW YORK MARRIED DEBRA JEAN SNOW 20 OEGiEDE.Nrs Dot:AL RE%DENCE STREET ADORES -11 CIT Y A7 O CO.J1'YY *-2.2 STATE 23 DP CODE Ys EVER IN THE APA2D FDRCtS 13 N 106TH ST. MESA MARICOPA ARIZONA 85207 NO IS WAS DECEDENT Or HISPANIC ORIGIN* 1L DECEDENT'S RAC'E(SI _27 tr maim:AN PCaAN OA ALWKA WIVE QI NO HOT SPAN S•4 HISPANIC 0P tATrNO M YftM?G a OTHER A8lAN iZraE CiF'1R TASE i,. 0 YES M,£1GCAN MEXICAN AMERICAN CHiCANr1 O NLT`YE HAWA Ak AMERICAN 1' aYES PUERI LI R1:;AN CI ASIAN INDDAN ' t7 YES CUBAN ❑ CHtNEc,,f ❑47rIEA PACIFIC t5LANLIER tSP£Cifvt �-to;ywr:A,rrcat r ❑FIUPWG (,I gYL5OTtifa,Sp`'GFr, I`.i q JAPA Yt SE .T-. 0) ,'.*UAMANIAN OR CILAU FE0 0C P;SPE C7fn ACIOITI]Ntu raid ,i- 0 UNKNOWN a KOREAN .. It so=pATK><•i • O NCiMAMESE aUVKNOWN APXIC41LTPNLE .- #. 0 SAMtOAN ... RESTAURANT OWNER ,D AMERICAN RIO AN OR IILASKA NATIVE g ' 79 FATHERS NAME IFIRST 6140D,E ..AS', 70 MJ+HERS NAM 1 1A5 M:•� . LA. NAME PPJ•. 0rNes ►MARRIA• I , LOUIS FRANCIS SOUADERE JR CATHERINE D'AGNOSTINO - -51 INFORMANT'S NAME SY.MELATIONSHIP es S 'OWIAhTS 14AI:LNG ADDRESS �, t DEBRA JEAN SNOW-SLQ.UADERE SPOUSE 713 N 106TH ST,MESA,ARIZONA 85207 `, 34 NAME ANO ADDELFS5 OF FUNERAL FAJL:T Y •55 FUNERAL DIRECTOR. 34 LICEN t4441,19. •. . x MOUNTAIN VIEW FUNERAL HOME AND CEMETERY 7900 EAST MAIN MESA AZ DARLA CURRENT,FUNERAL DIRECTOR F1436 r-a• i 37 MET'NOOr5)OF U$SP!rS1YION SE 141ME.AND LOCATION OF 1 s OIS.OSITION'AMITY 3S NAME AND LOCATION OF Sae DISPOSITION FACILITY '•r'.IG . CREMATION MT VIEW MEMORIAL GARDENS_MESA,ARIZONA NONE • M!D)CAL CERTIFICATION SECTWIt CAUSE OF DEATH PART 1 ' e : 1MMEDIAT5 CAUSE .40 A 41 APPROXIMATE INTERVAL OF DEATH CIRCULATORY FAILURE UNKNOWN DUE TO OR AS A 42 3 3. APOPOYIMATE INTERVAL CON DU£NrIM OF SEPTIC SHOCK UNKNOWN tt DUE TO OR AS A 44 C 45 APPROXIMATE INTERVAL • ONSEOUFNCEOF DIVERTICULITIS WITH PERFORATION UNKNOWN DUe TO OR AS A 45 0 47 AOPsq%IMATE INTERVAL CONSGOUGMCE OF DIVERTICULITIS UNKNOWN t CAU OF DEATH PA T 1 45 OT-.-_ = '.('NTION5 c.oHra BUTiNtS TOQEA-H ELrT Nr-r r- S-7,71*.S IS CNJVAYl SC INJURY AT WORel•St MANNER OF DEATH 57 TIME OF DE 4- •. tN Try- , • 's:8 DIVE?.ASOVE ' NO NO NATURAL DEATH 0410 i Se WAS AN ALftOrST PEP!OW4EZ' Al WEtE AODFST NON. AIAJU3L.E T:' 1 ^OMT,FTE THE:AWE Of r F4T.y NO CAUSE AND MANNER OT DEATNtEATWICATI N I Cl 040101n0 PnycsawNurAI FweadeorwePhrtemee A40.14444 To Itue tea a Me es NAME OF PEISON GOKPLFTIND CAUSE Off MAT', • 1,..1t GEPT' Li. ,A knowledge.,dean cc-mired due tom:cSU4efal end rronne 41e1ed 1 Mey,'3u E,s,wIw,TNeal Leal Ent's-outman Ameoney On tM betels et exe rteml P 4 taus to a ao�,a�t' otF A.r.4 mannera,� -,xwr-4w Ai Oil n=*,. dnu end P:e.r r+a SEEMEEN$I DI I,Iti1 D TO 22.2012 I 57 CERTIFIERS ADDRESS DI NAME OF REC*STRAR S!DATE REfltbTEREG 4530 E MUIRWOOD DR PHOENIX AZ 85048 MICHE.LE CASTANEDA•MARTINFZ 11-05.2012 • - -- Date Issued 11-06-2012 •-- Thrs na me:!,•rrW t,r,n -,,ri,. I. . •i I..,-'I'rhrO*fICFOr 'ITAL r:UC•'iT», - - PATRICI ADAMS /• AR,IOVA OT PeRIM '.T if H[i"I•SF h`It Ic £145.fN AFf7C7NA {8 a 2 0 8 7 D ASSISTANT STATE lEGISTRAR le i • Rr4< tf f34 2Uta Ui I This,nr* oat,,ai,A.r w rrn•.' -• -+r a Intl doT.x.,rE.hr S ate,Seat and-1T-eL•.rd..•h IN tails:..ral ni I:.,,;JI-,t tj.,•-,.'r , t t L':`. `. ire •:,r 1. ". :r ',L MITI kti11(Iti011III11,1 ICI.1 Oft.)tif 1N1r i' . ",I „ r 'n s -, Co Corrur►issiar. la CORPORATION NM MISSKIN eii) Az n sionwillifiEfi PLED BAN 0 2 2013 04o9596 8 FILE tiOL .1 3 DO Not WRITE ABOVE THIS LINE;RESERVED FOR MCC USE p*.Y. ARTICLES OF AMENDMENT Read the Instructions L015,,e 1. ENTITY NAME-give the exa name of the LLC as currently shown in A.0 C. records' ol` �JLc$L t C`. , s z. A.C.C. FILE NUMBER: L-- i i d I ot ‘ - Find the A.G.0 [lie number on the upper corner of filed documents OR on our webstt.+e at http.ltwww-ucf.Rov1Oivrporellcorporapon5 CHECK THE BOX NEXT TO EACH CHANGE BEING MADE AND COMPLETE THE REQUESTED INFORMATION FOR THAT CHANGE 3. ❑ ENTItY NAME CHANGE -type or print the exact NEW name of the LLC in the space below 4 [iMENBERS CHANGE(CHANGE IN MEMEERS)-seeJosttyctlops LOI Si-use one bloat per person-FOR MEMBEit5 CURFtERTIY SHOWN IN A.C.C. RECORDS- list the name of each member being mod,and below that provide any new r.-.. Information for that member(new name end/or address),then chect as boxes thet apply to Indicate the change being made fam that member, FOR NEW reeteBERS-In a seperate block,list the name In the NEW Name blank aria give the address,and cure he appropriate box If more space Is needed,complete and attach the Arne0tl!Renlisttxr++nwntS.o[Merobe►t form 1044. ,t;'lyif' + S_eLi ' '� 1 Na currently shown In records Nurse currently shown in at mores 'ti'—" me r— NEW Name `REWliarne ---1"--- • Addra e 1 `Adereett 1 i..tr 7/3 ff,, EGG is ,fir` t fWdress 2(oetiona7). - t ' AtoreU 2(optinna:) k �) ,t[ stow or Zip Oly State or { fro Country ' �=i eowrtry ❑ Address change ❑ Add as 20%or more member ❑ Address change ❑ Add as 20%or more member [J Name change Vdd as less than 2096 member ❑ Name change 0 Add as less than 20%member emove member ❑ Remove member Mime currar tty shown M Mt mortis — hung r+*rends> inwri to ACc raoonds —, NEW Name %One iManess 1 Aderasel morose 2(optional, A®dress f(ootronal) city Stet!orPnavince Y!3 t7iY' 11 Proti or l nce Prov Country . Country ED Address change ❑ Add as 20%or more member [] Address change ❑ Add as 20%or more member ED Name change ❑ Add as less than 20%member ❑ Name change ❑ Add as less than 20%member Remove member I ii ❑ Remove member r Er L rot Aramnr Carparetiao Conr*saran Cmparaaans t liot kyr raft) PAS I of 3 5. Q MANAGERS CHANGE (CHANGE IN MANAGERS)- use one block per person-FOR MANAGERS CURRENTLY SHOWN IN ACC RECORDS -list the name of each manager being changed,and below that prvvsde any new Infonnatlon for that manager(new name and/or address),then check all boxes that apply to Indicate the change being made for that manager. FOR NEW MANAGERS-In a separate block,list the name In the NEW Name bank and give the address,and check the appropriate box :1 more space ks needec,asTtOete and attach the aMe:Pdr"netil Attachment for Manaprr5 form L343. Mama atr*entiy shown in ACC rseerds -`" Name tsrrrerkey sham in ACC records Near awe Mtin Milne �kldreu 1 Address 1 Address I(ootsonat) 77drsss fortrrrnal) Oh' State a ; City State a arovtoct Province country 1.-Wrtry Address change 0 Add as manager I 0 Address rhancie 0 Add as manager n Name change [ J Remove manager j0 Name change ❑ Remove manager 6. MANAGEMENT STRUCTURE CHANGE- see instructions LOISi - check only one box below and follow Instructions CHANGING TO MANAGER-MANAGED LLC -complete and attach the f anageer Stricture Atrarhrronw form L040. The filing will he rejected if it is submitted without Use attachment cp CHANGING TO MEMBER-MANAGED LLC -complete and attach the toember Structure At'arbmont form L1 41. The Frting wilt be rejected if it is submitted without the attachment 7. f STATUTORY AGENT CHANGE - NEW AGENT APPOINTED -see Instil irtions LO:Si: 7.1 REQUIRED give the name(can be an individual 7.2 OPT7bNAL—mailing address in Arizona of or an entity)and physical or street address NEW Statutory Agent (can be a P.O. Box): r- (not a P O. Box) In Arizona of the NEW statutory agent: r Stetra y Name Nave(required) Affix,:. optima I) nttenban(optional) Moons i , Addrerw i Address 2 TCptrpnad) i Address 2 totlonal) I ) City kite 1 ZIp _ -istate l =m 7.3 REQUIRED-the Statutory Agent kccentartce form Nl002 must be submitted along with these Articles of Amendment. B. 0 STATUTORY AGENT ADDRESS CHANGE-ADDRESS OF CURRENT STATUTORY AGENT- complete 8.1 _ and/or 8.2: 8.1 NEW physical or street address ( 8.2 sew mailing address in Arizona of the existing (not a P. 0 Box) In Arizona of the existing 1 statutory agent (can be a P.0 Box), statutory agent: Anent n(optional) Mention(oco nail �A sress'—� Address i Address?{ppfroru!) Address 2 tootionai) °h 1 zio trey Istme 1 zip LDlaooi Mom Cop:neonCorreniasian Cameroun.Omani Raw 2010 Paraa243 9. ❑ ARIZONA KNOWN PLACE OF BUSINESS ADDRESS CHANGE: 9.1 Is the NEW Arizona known place of business address the same as the street address of the statutory agent? Q Yes- go to number 10 and continue No - go to number 9 2 and continue 9.2 If you answered "No-to number 9 1, give the NEW physical or street address (not a P.O. Box) of the known place of business of the LLC in Arizona Atteertian(oetlonab Address I Address 2(optione) Oty Slat.a Zip Provinot Country 10. [] DURATION CHANGE - check one to indicate the NEW duration or life period of the LLC. 0 Perpetual [ The LLC's life period will end on this date (enter a date - mm/dd/yy) ED The LLC's life period will end upon the occurrence of this event: (describe an everi�t) 11. ❑ ENTITY TYPE CHANGE- if changing entity type, check one and fo'tow instructions: • E Changing to a PROFESSIONAL LLC-number 12 must also be completed co Changing to a NON-PROFESSIONAL LLC(professional LLC a [� 9� g becoming regular LLC) 12. [' PROFESSIONAL SERVICES CHANGE - describe the NEW type of professional services the professional LLC will render. 13. ,I OTHER AMENDMENT - if an amendment was made that was not addressed by the check boxes on this form,then you must attach to these Articles of Amendment a complete copy of the LLC's written amendment. /a\ SIGNATURE: By checking the box marked 'i accept" below, I acknowledge under penalty of perjury tfiat this document together with any attachments Is subrritted in compliance with Arizona law I ACCEPT &Gt ,-)/4°44)-`--) tirx...,a2.5_ a 1'rirrted flame Pete(earlriid/yyi REQUIRED - check only one and fill in the corresponding blank if signing for an entity. This is a manager-managed LLC and tam signing This is a member-managed LLC and I am signing individually as a manager or I am signing for en entity a individually as a member or I am signing for an entity manager named member named Filing Fee. $25.00(regular processing) Mall: Arizona Corporation Commission -Corporate Filings Section Expedited processing - add 535.00 to filing fee 1300 W.Washington St, Phoenix, Arizona 85007 All fees are nonrefundable -see Instructions. I Fax: 602-542-4100 Prase be advised teat A.C.-C.forms reflect only the minimum provisions required by staaite. You sAould seek private loot covasel for those matters that rutty pertain to the erdevsdua:needs of your business AI documents flied MTh the Arizona Corparebon Crmerlssion ere public record end we Open for otebik r+specticn 1.,roe:have questions after reading the Instructions,piease ae 6C2.542.)024 or(wafture Anson/only)800-345 5519. t.Mscot MzmaCaperasev+Corrua.r CorporationsOetecn Rey.cal o Pepe s er a DO NOT WRITE ABOVE THIS UNE,RESERVED FOR ACC USE ONLY. MEMBER STRUCTURE ATTACHMENT 1. ENTITY NAME-give the exact name of the LLC(foreign LLCs- give name In domicile state or country): 3014$L= ),f c.-1-C 2. A.C.C. FILE NUMBER(if known): 4-- . If 0Ia-4/4 , 3 f'i IC the A.C_C. foe number or the upper Corner Of flied documents OR OD Our weDsite at hrtp i/vrNw.a2Cc.40vpivifion°,lCorporeudos 3. Check one box only to indicate what d nt the Attachment goes with: .— rat Articles of Organization Articles of Amendment 0 Application for Registratron Articles of Amencment to Application for Registration r 4. MEMBERS- give the name and address of all Members. If more space }s needed, use another Member Strurt re Attachment,form n qi hurtle team . Adams I Address 1 Address 2(ovdonat) Address 1(optiAnrol) City State or ri p� state u rkc Ctty -v Provinto Country ca+smY , Name AdSYss t Adruect: Address 2(aorldAat) Address 2{ovtlanap i Oty State or Zip Oty state or VDCoiatry _ � Country I .... Province1 name Asnx Address 2 IWGdl+ai) Ada-ess 2(of:l o iti) Cky - Stale ar Zip CIly ( Stage 0► Zip Province Province n Gowe Country ; Ant t Do! Mrolt Cagvafa.C'a-ru.aor.- Caporals*()moon Fr. YI:) Pegg cdt December 26,2012 Arizona Corporation Commission Corporations Division ►300 W. Washington Street Phoenix, Arizona 85007 RE L-1109246-3 Double Dip I.LLC 713 N. 106 Street Mesa,AZ 85207 To whom it may concern 4`t Please find enclosed Articles of Amendment to remove Richard A_Squadere Sr as a member of Double Dip LLC Richard has recently passed away I have also enclosed the Member Structure `-.` Attachment,as well as a check(4571)in the amount of S25 00 for the filing fee S cerely, `� r, 3-4 r ID Debra 3 Sno Squadere ,, .. ARIZONA DEPARTMENT OF LIQUOR LICENSES& CONTROL 800 W Washington 5th Floor Phoenix AZ 85007-2934 {502) 542-5141 QUESTIONNAIRE Attention all Local Governing Bodies Social Security,artcf.Birthdate Information is Confidential. This information may be given to local law enforcement agencies for the purpose of bckground checks only but must be blocked to be unreadable prior to posting or any public view Read carefully This instrument is a sworn document. Type or print with BLACK INK An extensive investigation of your background will by conducted False or incomplete answers could result in criminal prosecution and the denial orsubseggent revocation of a license or permit TO BE COMPLETED BY EACH CONTROLLING PERSON AGENT,OR MANAGER EACH PERSON COMPLETING THIS FORM MUST SUBMIT AN - APPLICANT`TYPE FINGERPRINT CARD AVAILABLE AT THIS OFFICE FINGERPRINTS ON FBI-APPROVED CARDS ARE ACCEPTED FROM LAW ENFORCEMENT AGENCIES BONA FIDE FINGERPRINT SERVICES,OR,THE-OEPARTMENT OF LIQUOR THE DEPARTMENT CHARGES A$13 FEE in addition to other fingerprint fees,a S22 DPS b ckground check fee will be charged for each fingerprint card, / Liquor License # 1°41'# 2 L19'//e ee a2.. (if the location is currency licensed) 1 Check Co oiling Person A Manager(Only) appropriate 4 (Complete uestions 1-19) (Complete All Questions except#1 14a&21) box —9 Controlling Person or Agent must complete#21 for a Manager Controlling Person or Agent must corriQlete#21 2 Name kiti) ►0-~.34?.ta{3}C-i�'-c- "23r ek- 4--,5 } Date of Birth Last First Middle MI a Public Rtlrrrd) 3 Social Security Number Alliallinillitprivers License#. 111111111111111111111 State ,a'd fCA (NOT a public record) ( a public record) 4 Place of Birth ) fc-U Y Nr Height Weight if G Eyes./14? H2n 1d, Y City State Qoui'1trl (not county) 5 Manta;Status Single Married Divorced ,V4ioe'wed 6 Name of Current or Most Recent Spouse 4,'a.rrber_ geOrb ,{ Pv Gi%` Date of Birt ialle (Lest all for last 5 years Use additional sheet if necessary) Last First Miodie Man (N(2T a public record) 7 Yo,;are a bona fide resident of what stare' Y42A 2-06 It Arizona date of residencyrr -gig/I`T'/5 8 Telephone number to contact Jou dtn en�ng business hours for any questions regarding this document 4t.tl -4a4 Ff a44- 9 If you have been an Arizona resident for less than the(a)months submit a copy of your Arizona driver's license or voter registratior+card <: 10 Name of Licensed Premises C Lt cc j L1 i‘-5 Premises Phone '•'‘.26 ""31 ge "1 Physical Locator of Licensed Premises Address _i CC 0• A a Kt- l K-471--• I QAd t-'."Te 1-- R _ s6 i 2& Street Address (Do not use PO Box#) City County AI 12 List your employment or type of business during the past five(5)years If unemployed pall of the time, list those dates List most recent 1st. FROM TO DESCRIBE POSITION EMPLOYER'S NAME OR NAME OF BUSINESS Month+Year FAtnthlYear OR BUSINESS (street address city slate&zip) /C Ly�l CURRENT -2,1. -1 ie,4,r_ �'e-i 144,`,4-"r�-�-/ite 'ION e,_SV&/f AZIA JI iiricr 1 ATTACH ADDITIONAL SHEET IF NECESSARY FOR EITHER SECTIONif 13 Indicate your residence aaoress for the last five f5}years • FROM TO Rent on RESIDENTIAL Street Address Month/Year MonthrYear Own rif it:'rec. attach adahonai sheetmth name,address and phone number ot la ndlord City _ State Zip , 2/41 CURRENT 6•2,`;u1 /g _A %G' 271,,51 6.'r ik* AZ- f 7. April 16 eauDisabled individuals requiring special accommodations,please call the Department.(602)542-9027 If you checked the Manager box on the front of this form skip to#15 14 As a Controlling Person or Agent will you be pPypcally present and opening the licensed premises? ('EYES .1NO if you answered YES, how many hrs/days 676 6 and answer#14a below if NO skip to#15 14a Have you attended a DLLC-approved Liquor Law Training Course within the past 5 years', (Must provide proof) Y NO if the answer to#14a is"NO",course must be completed before issuance of a new license or approval on an existing license 15 Have you been cited_arrested,indicted or summoned into court for violation of ANY law or ordinance, YES NO regardless of the disposition even if dismissed or expunged,within the past ten(10)years? In addition, please include all traffic tickets and complaints within the last ten (10)years that resulted in a warrant for arrest AND any traffic tickets and complaints that are alcohol or drug-related 16 Are there ANY administrative law citations, compliance actions or consents, criminal arrest, indictments YES (O or summonses PENDING against you or ANY entity in which you are now involved? Include only criminal i`— traffic tickets and complaints 17 Have you or any entity in which you have held ownership been an officer member, director or manager YES N(}�i EVER had a business, professional or liquor application or license rejted_denied.revoked. suspended or fined in this or any other state? 18 Has anyone EVER filed suit or obtained a iudament aoainst you. the subject of which involved fraud or YES NQ .) misrepresentation? 19 Are you NOW or have you EVER held ownership been a controllinc person, been an officer member NO director or manager on any other liquor license in this or any other state? If any answer to Questions 15 through 19 is "YES'YOU MUST attach a signed statement Give complete details including dates; agencies involved, and dispositions SUBSTANTIVE CHANGES TO THIS APPLICATION WILL NOT BE ACCEPTED --' Ott 1, '--1, %v ' `' + 5-4er hereby declare that I am the APPLICANT/REPRESENTATIVE:' tprint full name of Applicantr filing this questionnaire I have read this questionnaire and all statements are true correct and complete f f X f , /p ,rL i / =� tZ4' /1.. %4-.t'' State of County of Mot of atria (Sig dof Apphcant) Fiore-going instrurnent . 't 'howl enn before ere OFrir"ip,L SEAT day of f/1'- :�'/ c►1U HERE COLEGR.0 E Month Year frO Axr FuBi IC-stare of Arir �iu/ My commission expires on . i.AR/CONA rr 7}� taztf ,r"11111 . . 13i ry122 !;. nature of TAR YPtrgLlO COMPLETE THIS SECTION ONLY IF YOU ARE A CONTROLLING PERSON OR AGENT APPROVING A MANAGER'S APPLICATION 21 The applicant hereby authorizes the person named on this questionnaire to act as manager for the named liquor license The manager named must be at least 21 years of age State of County of The foregoing instrument was acknowledged before me this X day of Signature of Controlling Person or Agent(circle one) Month Year P•ir>i Name (Signature of NOTARY PUBLIC My commission expires on Day Month vedr R ' IN /IN Arizona Department of Liquor-Lite-01s and Control 8004 st , snit+ ,td bon will*a_zilgior.gov ! . .Do Na-Sahc'atTis Fotm, Certificates must be cornplktia 'a state-approved training courSe=pfoviderj Ip`�4 laciirinl4 on an original form (7 full Na ;please pri ) IOC -,,, fat.< 1.....II#9 6/Vri-Gii - sr Jar CI Vtlaril I. z,01,3 i y%pe of ralni j,Compieted check Yes or No) Training Completion Date` - �."� - . li4 %T'-GC`No " BASIC Yes 0 No ON SALE lifivei 6 t Z.lS -Yes [] No MANAGEMENT tr.; Yes ❑ No QfF SALE Certi�icate Expiration Date g Yes ❑ No BOTH ❑ Yes C.= No ae,HER (MANAGEMENT 5 years from completion date) ;BASIC 3 years from completion date; lararnee is Employed By A Licensee -."1 i— Name of Licensee Business Name Liquor License* .75 Alcohol Training Program Provider Information ,c-a M ; -lam L c ,,_ st..4 x -s.• R co Company or Indrriouzi Name(please print) i. 1 44c e t� 'S (..e4 L Address } �- A A z i frSzv`s ( 4oO Z) 3 i 61- 33 Z City State Zip Daytime Contact Phone* I certify the above named individual has suctessfully completed the training specified above in accordance with Arizona Revised Statue,Arizona Administrative Code,and the training course curriculum approved by the Department of Liquor Licenses and Control eIN I Name of Trainer(please print) j 1 - ciwyJcvll -1< rei3 I Trainer Signature Date Pursuant o A.R.S§4-112(G)r,2),mandatory Title 4 liquor law training is required prior to the issuance of all new Ilqua license applications submitted after November 1,1997 The persons(s)required to attend both the BASIC and MANAGEMENT Title 4 liquor law training,on or off-sale,will include all of the following 0wner;si Licenseelagent or managers)actively involved in daily business operation A valid(not expired)Certificate of'Title 4'rain ng Completion i- st be s..bmired to the Department of Liquor IicF,nses and Control before a liquor license application is considered co"ipie•e Before acceptance of a manager's questionnaire and'or agent change for an exiling liquor license,proof of attendance for the BASIC and MANAGEMENT Title 4 liquor law training(on-or off sale;is required ` 4 8:2009 DisableC individuals requiring special accommodations please call(602)542r9027 1 I Print Form ARIZONA STATEMENT OF CITIZENSHIP AND ALIEN STATUS FOR STATE PUBLIC BENEFITS Professional License and Commercial License Department of Liquor Licenses and Control Liquor License# Chti nershtp Name i ?I€iLt . P L L- as listed on the current liquor license application or renewal application) Title iV of the federal Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (the "Act"), 8 U S C § 1621, provides that, with certain exceptions, only United States citizens, United States non-citizen nationals, non-exempt "qualified aliens" (and sometimes only particular categones of qualified aliens), nonimmigrants, and certain aliens paroled into the United States are eligible to receive state or local public benefits With certain exceptions, a professional license and commercial license issued by a State agency is a State public benefit Arizona Revised Statutes § 1-501 requires, in general, that a person applying for a license must submit documentation to the licensing agency that satisfactorily demonstrates that the applicant is lawfully present in the United States Directions AU applicants must complete Sections 1, II, and IV. Applicant who are not U S citizens or nationals must also complete Section Ill Submit this completed form and copy of one or more documents that evidence your citizenship or alien status with your application for license or renewal. ' SECTION I—APPLICANT INFORMATION (Y jeitf3 APPLICANT'S NAME(Print or type) I �,'� 6'-'' DATEb TYPE OF APPLICATION(check one) —INITIAL APPLICATION -y RENEWAL TYPE OF LICENSE_ .' Lt 4 te)/ �� - SECTION II—CITIZENSEIP OR NATIONAL STATUS DECLARATION Directions Attach a legible copy of the front,and the back i if any t,of a document from the attached List A or other document that demonstrates U S.citizenship or nanonahty Name of document provided ( /;-2Ci4",0— A. Arc you a citizen or national of the United States'-(check one) Ye No B If the answer is"Yes,"where were you born? List city,state(or equivalent),and country City 1:p_oy State(or equivalent) f;s/ Country or Territory U.",, if you arc a citizen or national of the United States,go to Section/ IV If you arc nQt a citizen or national of the United States.please complete Sections III and IV DLLC 2.20:09 AG 1 1/08'0 7- 81662 Page I of 7 SECTION III—ALIEN STATUS DECLARATION Directions. To be completed by applicants who arc not citizens or nationals of the untied States Please indicate alien status by checking the appropriate box. Attach a legible copy of the front,and the back(itanv),of a document from the attached List B or other document that evidences your status A R S § 1-501 Name of document provided "Qualified Mien"Status(8 U S C§§ 1621(aX 1),.1641(b)and(c)) 0 1. An alien lawfully admitted for permanent residence under the Immigration and Nationality Act(INA) O'S ❑ 2 An alien who is granted asylum under Section 208 of the INA ❑ 3 A refugee admitted to the United States under Section 207 of the INA ❑ 4 An alien paroled into the United States for at least one year under Section 212(d)(5)of the INA ❑ 5 An alien whose deportation is being withheld under Section 243(h)of the INA 0 6 An alien granted conditional entry under Section 203(a)(7)of the INA as in effect prior to April 1, 1980 ❑ 7, An alien who is a Cuban and Haitian entrant (as defined in section 501(e) of the Refugee Education 43 Assistance Act of 1980) 08 An alien who is, or whose child or child's parent is a "battered alien' or an alien subjected to extreme cruelty in the United States r' Nonimmigrant Status(8 U S C§ 1621(ax2)) 09. A nonimmigrant under the Immigration and Nationality Act[8 L S C 0101 101 et seq J Nonirnmigrants arc w persons who have temporary status for a specific puryose See 8 U S.0 § 1101(a)(15) Alien Paroled into the United States For Less Than One Year(8 L S C § 1621(a)(3)) ❑10 An alien paroled into the United States for less than one rear under Section 212(d)(5)of the INA Other Persons(8 U.S C,§ 1621(c)(2)(A)and(C)) 0.44 ❑ 11 A nonimmigrant whose visa for entry is related to employment in the United States,or 0 12 A citizen of a freely associated state,if section 141 of the applicable compact of free association approved in Public Law 99-239 or 99-658(or a successor provision)is in effect[Freely Associated States include the Republic of the Marshall Islands.Republic of Palau and the Federate States of Micronesia,48 U S C § 1901 et seq J. 0 13 A foreign national not physically present in the United States. Otherwise Lawfully Present(AR S § 1-501) ❑ 14 A person not described in categories 1-13 who is otherwise lawfully present in the United States. PLEASE NOTE. The federal Personal Responsibility and Work Opportunity Reconciliation Act may make persons who fall into this category ineligible for licensure. See 8 U S.0 § 1621(a) Page 2 of 7 Attachment to Form 1 Applicant Statement EVIDENCE OF U.S. CITIZENSHIP, U.S NATIONAL STATUS, OR ALIEN STATUS LIST A: U.S. CITIZEN OR U.S. NATIONAL Note' In this List, the term "Service" refers to the L S Citizenship and Immigration Service,formerly, the U.S. Immigration and Naturalization Service(INS) ewa [Source Proposed Rules,Verification of Eligibility for Public Benefits,S CFR§ 104 23,63 FR 41662-01 August 4, 1998),and Interim Guidance of Verification of Citizenship,Qualified Alien Status and Eligibility Under Title IV of the Personal Responsibility and Work Opportunity Reconciliation Act of'1996("Interim Guidance"),62 FR 61 344 (Nov 17, 1997), Attachment 4] Evidence showing U.S. citizen or U.S. national status includes the following: a. Primary Evidence: (1) A birth certificate showing birth in one of the 50 states, the District of Columbia, Puerto Rico (on or after January 13, 1941), Guam, the U.S. Virgin Islands (on or after January 17, 1917), American Samoa, or the Northern Mariana Islands (on or after November 4, 1986, Northern Mariana Islands local time) (unless the applicant was born to foreign diplomats residing in such a jurisdiction), (2) United States passport; - (3) Report of birth abroad of a U S citizen (FS-240) (issued by the Department of State to U S citizens), (4) Certificate of Birth (FS-545) (issued by a foreign service post) or Certification of Report of Ap Birth (DS-1350), copies of which are available from the Department of State, ci (5) Form N-561, Certificate of Citizenship, (6) Form I-197, United States Citizen Identification Card (issued by the Service until April 7, 1983 to U.S. citizens living near the Canadian or Mexican border who needed It for frequent border crossings) (formerly Form I-179, last issued in February 1974); (7) Form I-873 (or prior versions), Northern Marianas Card (issued by the Service to a collectively naturalized U S citizen who was born in the Northern Mariana Islands before November 3, 1986), (8) Statement provided by a U S. consular official certifying that the individual is a U.S citizen (given to an individual born outside the United States who derives citizenship through a parent but does not have an FS-240, FS-545, or DS-1350); or (9) Form I-872 (or prior versions), American Indian Card with a classification code "KIC" and a statement on the back identifying the bearer as a U S. citizen (issued by the Service to U S. citizen members of the Texas Band of Kickapoos living near the U.S./Mexican border). [Source Intermi Guidance of Verification of Citizenship.Qualified Alien Status and Eligibility Under Title IV of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996('Interim Guidance"),62 FR 61344 (Nov 17, 1997), Attachment 4] b. $econdary Evidence If the applicant cannot present one of the documents listed in (a) above, the following may be relied upon to establish U S. citizenship or U S national status. (1) Religious record recorded in one of the 50 states, the District of Columbia, Puerto Rico (on or after January 13, 1941), Guam, the U S. Virgin Islands (on or after January 17, 1917), American Samoa, or the Northern Mariana Islands (on or after November 4, 1986, Northern Mariana Islands local time) (unless the applicant was born to foreign diplomats residing in such a jurisdiction) within three 3 months after birth showing that the birth occurred in such jurisdiction and the date of birth or the Individual's age at the time the record was made; Page 4 of 7 (2) Evidence of civil service employment by the U.S. government before June 1, 1976; (3) Early school records (preferably from the first school) showing the date of admission to the school, the applicant's date and U S place of birth, and the name(s) and place(s) of birth of the applicant's parents(s), (4) Census record showing name, U S nationality or a U S. place of birth, and applicant's date of birth or age, (5) Adoption finalization papers showing the applicant's name and place of birth in one of the 50 states, the District of Columbia, Puerto Rico (on or after January 13, 1941), Guam, the U.S. Virgin Islands (on or after January 17, 1917), American Samoa, or the Northern Mariana Islands (on or after November 4, 1986, Northern Mariana Islands local time) ^ (unless the applicant was born to foreign diplomats residing in such a jurisdiction), or, when the adoption is not finalized and the state or other U.S. jurisdiction listed above will not release a birth certificate prior to final adoption, a statement from a State-or jurisdiction-approved adoption agency showing the applicant's name and place of birth in one of such jurisdictions, and stating that the source of the information is an original birth certificate, (6) Any other document that establishes a U S. place of birth or otherwise indicates U S. nationality (e g., a contemporaneous hospital record of birth in that hospital in one of the 50 states, the District of Columbia, Puerto Rico (on or after January 13, 1941), Guam, the U.S. Virgin Islands (on or after January 17, 1917), American Samoa, or the Northern Mariana Islands (on or after November 4, 1986, Northern Mariana Islands local time) ,4 (unless the applicant was born to foreign diplomats residing in such a jurisdiction), C. collective Naturalization If the applicant cannot present one of the documents listed in (a) or (b) above, the following will establish U S citizenship for collectively naturalized individuals. Puerto Rico: • Evidence of birth in Puerto Rico on or after April 11, 1899 and the applicant's statement that co he or she was residing in the U S., a U S possession or Puerto Rico on January 13, 1941, or Lin • Evidence that the applicant was a Puerto Rican citizen and the applicant's statement that he or she was residing in Puerto Rico on March 1, 1917 and that he or she did not take an oath of allegiance to Spain U.S. Virgin Islands: • Evidence of birth in the U S Virgin Islands, and the applicant's statement of residence in the U.S., a U S. possession or the U S Virgin Islands on February 25, 1927; • The applicant's statement indicating resident in the U.S. Virgin Islands as a Danish citizen on January 17, 1917 and residence in the U.S., a U.S. possession or the U S Virgin Islands on February 25, 1927, and that he or she did not make a declaration to maintain Danish citizenship; or • Evidence of birth in the U.S. Virgin Islands and the applicant's statement indicating residence in the U S , a U S possession or territory or the Canal Zone on June 28, 1932. Northern Mariana Islands (NMI) (formerly part of the Trust Territory of the Pacific Islands (TTPI)): • Evidence of birth in the NMI, TTPI citizenship and residence in the NMI, the U S , or a U.S. territory or possession on November 3, 1986 (NMI local time) and the applicant's statement that he or she did not owe allegiance to a foreign state on November 4, 1986 (NMI local time), • Evidence of TTPI citizenship, continuous residence in the NMI since before November 3, 1981 (NMI local time), voter registration prior to January 1, 1975 and the applicant's statement that he or she did not owe allegiance to a foreign state on November 4, 1986 (NMI local time); or • Evidence of continuous domicile in the NMI since before January 1, 1974 and the applicant's statement that he or she did not owe allegiance to a foreign state on November 4, 1986 (NMI local time) Note' If a person entered the NMI as a nonimmigrant and lived in the NMI since January 1, 1974, this does not constitute continuous domicile and the individual is not a U.S. citizen Page 5 of 7 d. Derivative Citizenship If the applicant cannot present one of the documents listed in a or b above, the following may be used to make a determination of derivative U S. citizenship• Applicant born abroad to two U.S. citizen parents: Evidence of the U.S. citizenship of the parents and the relationship of the applicant to the parents, and evidence that at least one parent resided in the U S or an outlying possession pnor to the applicant's birth. Applicant born abroad to a U.S. citizen parent and a U.S. non-citizen national parent: Evidence that one parent is a U S. citizen and that the other is a U.S. non-citizen national, evidence of the relationship of the applicant to the U S citizen parent, and evidence that the U S citizen parent resided in the U S., a U.S. possession, American Samoa or Swain's Island for a period of at least one year prior to the applicant's birth Applicant born out of wedlock abroad to a U.S. citizen mother: - Evidence of the U.S. citizenship of the mother, evidence of the relationship to the applicant and, for births on or before December 24, 1952, evidence that the mother resided in the U S prior to the applicant's birth or, for births after December 24, 1952, evidence that the mother had resided, prior to the child's birth, in the U.S. or a U.S possession for a period of one year Applicant born in the Canal Zone or the Republic of Panama: • A birth certificate showing birth in the Canal Zone on or after February 26, 1904 and before October 1, 1979 and evidence that one parent was a U.S. citizen at the time of the applicant's birth, or • A birth certificate showing birth in the Republic of Panama on or after February 26, 1904 and before October 1, 1979 and evidence that at least one parent was a U.S. citizen and employed by the U.S. government or the Panama Railroad Company or its successor in title, -ri In all other situations in which an applicant claims to have a U.S citizen parent and an alien parent,or claims to fall within one of the above categories,but is unable to present the listed documentation r- • If the applicant is in the U S ,the applicant should contact the local U S Citizenship and Immigration Service office for determination of U S citizenship, r- • If the applicant is outside the U S,the applicant should contact the State Department for a U S citizenship •' determination co e. Adoption of Foreign-Born Child by U.S. Citizen .� • If the birth certificate shows a foreign place of birth and the applicant cannot be determined to be a naturalized citizen under any of the above criteria, obtain other evidence of U.S citizenship; • Because foreign-born adopted children do not automatically acquire U.S. citizenship by virtue of adoption by U S citizens, the applicant should contact the local U S Citizenship and Immigration Service office for a determination of U.S. citizenship, if the applicant provides no evidence of U S citizenship. f U.S. Citizenship By Marriage A woman acquired U.S. citizenship through marriage to a U S citizen before September 22, 1922. Provide evidence of U S. citizenship of the husband, and evidence showing the marriage occurred before September 22, 1922 Note. If the husband was an alien at the time of the marriage, and became naturalized before September 22, 1922, the wife also acquired naturalized citizenship If the marriage terminated, the wife maintained her U.S. citizenship if she was residing in the U.S, at that time and continued to reside in the U S Pagc 6 of 7 Ask Ask LIST B: QUALIFIED ALIENS, NONIMMIGRANTS, AND ALIENS PAROLED INTO U.S. FOR LESS THAN ONE YEAR The documents listed below that are registration documents are indicated with an asterisk ("*"). a. "Qualified Aliens" Evidence of"Qualified Alien"status includes the following. Alien Lawfully Admitted for Permanent Residence - *Form 1-551 (Alien Registration Receipt Card, commonly known as a "green card"), or - Unexpired Temporary 1-551 stamp in foreign passport or on *I Form 1-94 Am. Asylee - * Form I-94 annotated with stamp showing grant of asylum under section 208 of the INA, - *Form I-688B (Employment Authorization Card) annotated "274a.12(a)(5)"; - * Form I-766 (Employment Authorization Document) annotated "A5", - Grant letter from the Asylum Office of the U S Citizenship and Immigration Service; or - Order of an immigration judge granting asylum. Refugee - * Form 1-94 annotated with stamp showing admission under § 207 of the INA, - x Form I-6886 (Employment Authorization Card) annotated "274a.12(a)(3)", or - * Form I-766 (Employment Authorization Document) annotated "A3" Alien Paroled Into the U.S. for a Least One Year - Form 1-94 with stamp showing admission for at least one year under section 212(d)(5) of the .r INA (Applicant cannot aggregate periods of admission for less than one year to meet the one- r... year requirement ) Alien Whose Deportation or Removal Was Withheld - * Form I-688B (Employment Authorization Card) annotated "274a.12(a)(10)", - * Form I-766 (Employment Authorization Document) annotated "A10", or - Order from an immigration judge showing deportation withheld under §243(h) of the INA as in co effect prior to April 1, 1997, or removal withheld under § 241(b)(3) of the INA Ahen Granted Conditional Entry - * Form 1-94 with stamp showing admission under §203(a)(7) of the INA; - * Form I-688B (Employment Authorization Card) annotated "274a 12(a)(3)", or - * Form I-766 (Employment Authorization Document) annotated "A3 " Cuban/Haitian Entrant - * Form 1-551 (Alien Registration Receipt Card, commonly known as a "green card") with the code CU6, CU7, or CH6; - Unexpired temporary 1-551 stamp in foreign passport or on * Form I-94 with the code CU6 or CU7; or - Form I-94 with stamp showing parole as "Cuba/Haitian Entrant" under Section 212(d)(5) of the INA. Alien Who Has Been Declared a Battered Alien or Alien Subjected to Extreme Cruelty - U S Citizenship and Immigration Service petition and supporting documentation b. Nonimmigrant Evidence nf'Nonimmigrant"status includes the follov,ing - * Form I-94 with stamp showing authorized admission as nonimmigrant c. Alien Paroled into U.S. for Less than One Year Evidence includes. - * Form 1-94 with stamp showing admission for less than one year under section 212(d)(5) of the INA Page 7 of 7 SECTION IV—DECLARATION All applicants must complete this section. 1 declare under penalty of per)ury•under the laws of the state of Arizona that the answers I have given arc true and correct to the best of my knowledge eiN A LICAN S S1GNA TODAY'S DATE c ri C v Page 3 of 7 r _ I c) ) .0-4- -_-§i-ziww.avw4www-#.4.-- 2. s ,i.,-.4.0i., r: ivwf !I . , ._,.,,,.s_, . NEW 1`ORK STATE DEPARTMENT OF HEAI,'['II ti Itl OFFICE OF VITAL STATISTICS (0• I1 1 A�ANY i ) CERTIFICATE OF BIRTH REGISTRATION i 1.. +8t This is to certify that a birth certificate has been filed for `ej; 1� �J 14. Debra Joan Snow ail ii1(1 A!!, Born 01l — , at Troy, ti. ', . 01 �•4J�' Daughter r Qf._-.. James t i anc i s if +• „mo� ...-.-.-.-..-_.,.-._..__ and 4"' �0 it(cams of father) Jean Margaret Aa.trnbacki Itnatden name of mothers } � 10 Dctt cr F'ed Ia?r'�L ..-._?�LtCi,l _ liy,ouijus4co 1� 'Z.' LOCAL REGISTRAR I. 7-- WM = Iti - ��,�.� ♦ . :s�"� �` '..►+�t`�—�F���itc. t ? ..1 �� yy .� w'a ',.�+�o-se " AM:: � � • •• ) THIS CERTIFICATE IS EVIDENCE OF AGE, PARENTAGE AND PLACE OF BIRTH AND SHOULD BE CAREFULLY PRESERVED When the child is vaccinated against smallpox and Inoculated against diphtheria or .my other disease, •nsh the phystclar or clinic to till in the apaces below Date Physician or Clinic , Vaccinated against smallpox 1 . K • . 4' i.. .. .--'%- .- .,i',. •i Itniculated against diphtheria 7 r I./..' Si �. �,/ • ",, • l` Inoculated against whooping ti cough ,, '-' '•. 'l Inoculated against tetanus • l-// -, `-" _ k / i i W '7t1 '.41r,t 1 I ad-) L 6a is A fi( j//ors e ,Y • V Itome fit the Supetstitnon Mountains 4R1zoN� NOTICE The attached application for an Agent Change, Acquisition of Control, Beer and Wine Bar Liquor License submitted for Scuttlebutts located at 1200 W Apache Trail, Apache Junction, Arizona, was posted on the 8th day of April 2013, at 10 00 a m Any person who is bona fide resident of the age of nineteen (19) years or more. residing, owning, or leasing property within one-half (1/2) mile radius from the proposed premises to be licensed may file written arguments in favor thereof, or objections thereto with the City Clerk at City Hall within twenty (20) days after the date of posting Arguments for, not objections against, shall be filed thereafter. A public hearing will be held Tuesday, May 7, 2013, at the City Council Chambers. 300 E Superstition Blvd., Apache Junction, AZ at 7 00 p m , at which time any objections filed will be heard. ( Kathleen Connelly f City Clerk DO NOT REMOVE THIS NOTV E AND/OR ATTACHMENTS. REMOVAL OF THIS APPLICATION MAY JEOPARDIZE CITY COUNCIL RECOMMENDATION. •\w (4 0)982-8002 • I A\ (480)982-701 K • I D!) i480)983-0095 • www ijctty net 100 I SulxrstrtuOI Houle%ard Apache Junction. A7 85119 PEAH C 1lok vi.ji K' fr 11' t)8 e..CVACI-elt& 7:firlif.,117€210:- li C — Home nt the Superstition Mou ntalils 4 •r 0NP April 8, 2013 Debra Jean Snow-Squadere Scuttlebutts 713 N 106th Street Mesa, AZ 85207 Dear Ms Snow-Squadere' Please be advised that the application for an agent change — acquisition of control, Series 7 Liquor License submitted for Scuttlebutts located at 1200 W. Apache Trail, Apache Junction, Arizona, was posted on April 8, 2013, in accordance with state law The Apache Junction City Council will hold a public hearing on May 7, 2013, at 7.00 p.m, in the City Council Chambers. 300 E Superstition Blvd , Apache Junction, at which time the City Council will consider a recommendation for approval or disapproval which will be forwarded to the Arizona Department of Liquor Licenses and Control Please note that the City Council frequently has questions for the applicant. It is strongly recommended that you attend this meeting in order to avoid any delays in the processing of your application. There is a S50 non-refundable application fee that is due and must be received prior to Wednesday April 17. 2013, in order for this application to be placed on the City Council agenda If you have any questions concerning this matter, please contact my office at 474-5068. Sincerely, Kathleen Connelly ` City Clerk • \0t�, 14r{ul,)S. \lilt. • I AN t4 Oi 982--IIi • 11)1)I480)9)13-0095 • ‘««%alctt} net :UO 1- Sup.er'ution Houk.1 and ‘oche Junction AZ 85119 APRIL 3, 2013 MEMORANDUM TO. DEPARTMENT OF PUBLIC SAFETY PLANNING DIVISION APACHE JUNCTION FIRE DISTRICT THROUGH KATHLEEN CONNELLY, CITY CLERK FROM JAN MASON, DEPUTY CITY CLERK SUBJECT APPLICATION FOR LIQUOR LICENSE FOR SCUTTLEBUTTS Ms Debra Jean Snow-Squadere has submitted an application for an agent change — acquisition of control. Series 7 Liquor License for Scuttlebutts located at 1200 W. Apache Trail, Apache Junction Please conduct the necessary inspections and submit your recommendation by email no later than Wednesday, April 17, 2013, in order for this item to be on the agenda for the City Council meeting of May 7, 2013. ook Janet Mason From- Rudy Esquivias Sent: Monday. April 08, 2013 1115 AM To: Janet Mason, Jeff Robinson Cc: Brad Steinke Subject: RE liquor license for Scuttlebutts Jan "he Planning Division has no objections to the changes proposed to the liquor license for Scuttlebutts,given Mr quadere's passing away The property is zoned CB-2 (General Business)Zone, which permits a restaurant and/or a bar outright The restaurant, along with the liquor license use, has been in existence for many years Please call me with any questions Thanks cRi` 3gtt[Yr�Cta Senior Planner/Zoning Administrator City of Apache Junction 300 E Superstition Blvd Apache Junction, AZ 85119 480-474-2645 SERVICE OVER AND ABOVE THE REST (Development Services Department office hours Monday through Thursday from 7 00am to 6 OOpm, closed Fridays and Holidays ) From: Janet Mason Sent. Thursday, April 04, 2013 3.46 PM To: Jeff Robinson, Rudy Esquivias Subject: liquor license for Scuttlebutts '41.111/41ave received a liquor license application for Scuttlebutts. Please have your department recommendation to me no later than Wednesday, April 17 in order for this be on the May 7 agenda. Thanks Janet Mason Deputy City Clerk City Of Apache Junction 300 E Superstition Blvd Apache Junction, AZ 85119 480 474 5068 lrnason@aicity net Service Over and Above the Rest This message and the information within is intended for the recipient. If you received this email in error, please notify the sender and then delete the email. Emails generated by council members or City staff pertaining to City business are public records and are preserved according to the City's records retention schedule To ensure compliance with the Open Janet Mason From• Glen Durkin Sent: Thursday, April 11, 2013 12 22 PM To: Janet Mason Cc' Jeff Robinson Jan, I went to Scuttlebutts today, but the applicant, Debra Jean Snow-Squadere, was not present. I spoke with employee, Tatiaanna Gill, but she did not know when Debra she would be there I reviewed the application prior to visiting Scuttlebutts. This application was a transfer of the liquor license from the deceased husbands name to the wife's name. The forms and application appeared in-order When I asked Ms Gill about the application, she told me the liquor license name change- is the only change to the business Every thing else will stay 'as is'. Scuttlebutts is an established business and I did not find any conflict with this transfer, Sgt Glen Durkin Apache Junction Police Department Apache Junction, AZ 85219 ogek ROLL CALL VOTE NOTESIT:\I 4 i ,/'\ ITEM # I MEETING OF '6/11 ) I -- U)) kr\l,i.) MOTION BY: SECONDED BY: 1 YES NO ABSTAINED COUNCILMEMBER WALDRON COUNCILMEMBER EVANS COUNCILMEMBER SERDY • COUNCILMEMBER BARKER COUNCILMEMBER WILSON v VICE MAYOR DIETZ MAYOR INSALACO VI UNANIMOU IN FAVOR OPPOSED ABSTAINED TOTAL Ink amik ITEM NO. 15 I MOVE THAT THE APPLICATION FOR AN AGENT CHANGE-ACQUISITION OF CONTROL, SERIES 7 LIQUOR LICENSE FOR SCUTTLEBUTTS, SUBMITTED BY DEBRA JEAN SNOW-SQUADERE, BE RECOMMENDED FOR(APPROVAL) OR (DENIAL) TO THE ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL. PUBLIC HEARING 1. For PROPOSED RESOLUTION NO. 13-01, DECLARING THAT PORTIONS OF PUBLIC ROADWAY EASEMENTS LOCATED ON MOCKINGBIRD STREET, GREASEWOOD STREET AND SIESTA STREET FROM MAIN DRIVE TO SAGUARO DRIVE, MAIN DRIVE FROM SIESTA STREET TO MOCKINGBIRD STREET,AND SAGUARO DRIVE FROM SIESTA STREET TO ROUNDUP STREET AS DESCRIBED IN EXTINGUISHMENT CASE 13-01 ARE NO LONGER NECESSARY FOR PUBLIC USE 2. Will SENIOR PROJECT ENGINEER EMILE SCHMID 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. arm* oak. oyACk • ✓Gti City !Apache Junction U 2 Home of the .Super:I-titron Mountains 4oizoKr TO• City Manager's Office FROM• Emile Schmid P E.,Senior Project Engineer DATE• May 7,2013 Agenda Type. Regular Agenda Council Priority Focus Area• Community Development TITLE OF AGENDA ITEMS PROPOSED RESOLUTION NO 13-01, DECLARING THAT PORTIONS OF PUBLIC ROADWAY EASEMENTS LOCATED ON MOCKINGBIRD STREET, GREASEWOOD STREET AND SIESTA STREET FROM MAIN DRIVE TO SAGUARO DRIVE, MAIN DRIVE FROM SIESTA STREET TO MOCKINGBIRD STREET,AND SAGUARO DRIVE FROM SIESTA STREET TO ROUNDUP STREET AS DESCRIBED IN EXTINGUISHMENT CASE 13-01 ARE NO LONGER NECESSARY FOR PUBLIC USE ACTION REQUESTED. Recommendation for Approval DISCUSSION/BACKGROUND INFORMATION: An extinguishment of the roadway easements noted above has been requested by the property owner Stage Coach Trail LLC Stage Coach Trail LLC desires the use of these areas for site Improvements Staff has reviewed the submittal and has no technical objections since the use of the federal patent easements are not feasible or needed FISCAL IMPACT. OPTIONS/ALTERNATIVES RECOMMENDATION. Approval ATTACHMENTS. Click to download ❑ Memo to Council 0 Resolution No 13-01 ACNE ;{ ti Public Works Department aty le 1 44464 legliez.elis Home of the Superstition Mountains Date April 1, 2013 To Honorable Mayor and Members of the City Council .-. Through: George Hoffman, City Manager From Giao Pham P E , Public Works Director Subject. Extinguishment of Federal Patent Easements on Mockingbird Street, Greasewood Street, and Siesta Street from Main Drive to Saguaro Drive, Main Drive from Siesta Street to Mockingbird Street, and Saguaro Drive from Siesta Street to Roundup Street Proposed Resolution No 13-01 Federal Patent Easements (FPE's) are one means whereby property is accessed by our citizens in portions of Apache Junction FPE's 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 FPE's are typically a total of 66 feet in width with 33 feet on each side of common parcel lines. Mockingbird Street, Greasewood Street, and Siesta Street from Main Drive to Saguaro Drive and Saguaro Drive from Siesta Street to Roundup Street have never been opened for public use or maintained by the City The roads are classified as local roadways. In addition, the FPE's do not provide access to any parcels which would be landlocked in the event of extinguishment Area transportation would not be adversely affected by an extinguishment of these portions of roadway easements Stage Coach Trail LLC filed an application for the extinguishment of the above mentioned portions of roadway easements on January 17th, 2013 The property owner desires the use of the 33 feet for site improvements 575 E Baseline Avenue, Apache Junction, AZ 85119 • Voice (480) 982-1055 • Fax (480) 982-8005 OIN RESOLUTION NO. 13-01 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, DECLARING THAT PORTIONS OF PUBLIC ROADWAY EASEMENTS LOCATED ON MOCKINGBIRD STREET, GREASEWOOD STREET AND SIESTA STREET FROM MAIN DRIVE TO SAGUARO DRIVE, MAIN DRIVE FROM SIESTA STREET TO MOCKINGBIRD STREET, AND SAGUARO DRIVE FROM SIESTA STREET TO ROUNDUP STREET, AND DESCRIBED IN EXTINGUISHMENT CASE EX-13-01, ARE NO LONGER NECESSARY FOR PUBLIC USE AS PUBLIC ROADWAY EASEMENTS AND ARE HEREBY EXTINGUISHED AS PRESENT AND FUTURE PUBLIC RIGHT- OF-WAY. WHEREAS, the City of Apache Junction, upon incorporation, became the holder of roadway easements as described in Federal Patent Number 1187972, originally conveyed November 1958, Docket 227 Page 72, originally conveyed July 1958, and Docket 227 Page 70, originally conveyed May 1958, for public roadway purposes over certain parcels of real property and more particularly described in Exhibit A and depicted in Exhibit B; 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 January 17, 2013 the Applicant paid the required non-refundable application and filing fee 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, OIN the Director of Public Works on February 12, 2013, submitted copies of the application for comment to the Development Services Director, the Public Safety Director, the Apache Junction Fire District, as well as affected public utility providers; and WHEREAS, no opposition statements were received from Salt River Project, Arizona Water Company, Superstition Mountains Community Facilities District No. 1, Century Link, Southwest Gas, the Development Services Director, the Public Safety Director, and the Apache Junction Fire District; and WHEREAS, the extinguishment request, if approved, would not leave a parcel in separate ownership without access to an Resolution No. 13-01 Page 1 of 2 eS 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, topography, and encroachments, have no or de minims public value. 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 of the City of Apache Junction find that the roadway easements described in Exhibit A, and depicted in Exhibit B, are classified as local streets on the Street Classification Plan and are no longer necessary for roadway purposes, have no or de minims public value, and are hereby extinguished for public roadway right-of-way purposes . 2 . Nothing in this approval ext inguishes uishes any utility easement interest of any public utility agency or entity on the subject street right-of-way. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS DAY OF , 2013 . SIGNED AND ATTESTED TO THIS DAY OF , 2013 . JOHN S. INSALACO Mayor ATTEST: ,^ KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM: RICHARD J. STERN City Attorney Resolution No. 13-01 Page 2 of 2 STAGECOACH TRAILS LEGAL DESCRIPTION PARCEL NO. 1 . THE NORTH HALF OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 18,TOWNSHIP 1 NORTH, RANGE 8 EAST OF THE GILA AND SALT RIVER BASE AND MERIDIAN, PENAL COUNTY,ARIZONA EXCEPT THE WEST 33 FEET AND THE NORTH 33 FEET THEREOF AS CONVEYED TO THE CITY OF APACHE JUNCTION IN DOCKET 1165, PAGE 890. PARCEL NO. 2: THE SOUTH HALF OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 18,TOWNSHIP 1 NORTH, RANGE 8 EAST OF THE GILA AND SALT RIVER BASE AND MERIDIAN, PINAL COUNTY,ARIZONA; EXCEPT ALL COAL, OIL GAS AND OTHER MINERAL DEPOSITS,AS RESERVED TO THE UNITED STATES OF AMERICA, IN THE PATENT OF SAID LAND PARCEL NO. 3: THE NORTH HALF OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 18,TOWNSHIP 1 NORTH, RANGE 8 EAST OF THE GILA AND SALT RIVER BASE AND MERIDIAN, PINAL COUNTY,ARIZONA, EXCEPTING ALL COAL, OIL GAS AND OTHER MINERAL DEPOSITS AS RESERVED TO THE UNITED STATES OF AMERICA, IN THE PATENT OF SAID LAND i 2 868p p �c Ii Till:41 RAN r al � THOMPSON -9 m1eu . ��scONA U S�. EXP!R=S 09/10/20 EXHIBIT "B" ROUNDUP_ - - -STREET - 1 r- - - - - - - -1 I r- - - - - - - 7 1 1 1 I I I 022 , I 1 1187972 I I I > - - - - - - - 12 227-072 0CC , 0I I I I 027 ' 1 I I 1 1 L - - - - - - _J 1 L - - - - __I 1 227-072 GREASEWOOD STREET 227-070 I 030 I I I 1 0 1 1 I Z I 1 1 Q 227-070 I I I , ) 1 I I I I I 035 I I 1 .�. - - - - - - 1 - - - - - - SUPERSTITION - I - - BOULEVARD - - - - -1 I- ��3' LEGEND 66' ---A f[ 3' - - - - - I - - PROPOSED EXTINGUISHMENT --- 33' 33' --j FEDERAL PATENT EASEMENT DEDICATED RIGHT-OF-WAY TYPICAL FPE/ROW DIMENSION --- ROAD CENTERLINE (UNLESS OTHERWISE NOTED) PROPERTY LOTS 194-351 PATENT DEEDS if- RESOLUTION NO 13-01 z ROLL CALL VOTE NOTES q\ (5 VP' ITEM # MEETING OF I I �\ •, / 1Q ) MOTION BY: SECONDED BY YES NO ABSTAINED COUNCILMEMBER SERDY VICE MAYOR DIETZ COUNCILMEMBER EVANS COUNCILMEMBER WILSON ff COUNCILMEMBER WALDRON v COUNCILMEMBER BARKER f MAYOR INSALACO UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL oak oosi. r` ITEM NO. 16 I MOVE THAT RESOLUTION NO 13-01, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA, DECLARING THAT PORTIONS OF PUBLIC ROADWAY EASEMENTS LOCATED ON MOCKINGBIRD STREET, GREASEWOOD STREET AND SIESTA STREET FROM MAIN DRIVE TO SAGUARO DRIVE,MAIN DRIVE FROM SIESTA STREET TO MOCKINGBIRD STREET, AND SAGUARO DRIVE FROM SIESTA STREET TO ROUNDUP STREET, AND DESCRIBED IN EXTNGUISHMENT CASE EX-13-01, AR NO LONGER NECESSARY FOR PUBLIC USE AS PUBLIC ROADWAY EASEMENTS AND ARE HEREBY EXTINGUISHED AS PRESENT AND FUTURE PUBLIC RIGHT-OF-WAY, (BE APPROVED) OR(BE DENIED) � *pACHE✓Gy City of Apache Junction u z Home o/the Superstition Mountains TO. City Managers Office FROM• George Hoffman,City Manager DATE• May 7,2013 Agenda Type . Regular Agenda Council Priority Focus Area• TITLE OF AGENDA ITEM. DIRECTION TO STAFF TO DRAFT APPROPRIATE CHANGES TO APACHE JUNCTION CITY CODE VOL I, CH 3,APPLICABLE PERSONNEL RULES,AND THE CLASSIFICATION PLAN RELATING TO THE POLICE CHIEF/PUBLIC SAFETY DIRECTOR POSITION WITH THE EMERGENCY CLAUSE ACTION REQUESTED DISCUSSION/BACKGROUND INFORMATION• The city manager seeks to have this position be the same as the other department director positions, returning it from a contract employee to regular career status employee This will necessitate amendments to pertinent sections of the Apache Junction City Code, Volume I,Chapter 3 as well as Personnel Rules and Classification Plan Pursuant to City Resolution No 88-17 the mayor and city council direct staff to prepare the appropriate ordinance to facilitate any code changes IPS FISCAL IMPACT OPTIONS/ALTERNATIVES: RECOMMENDATION: ATTACHMENTS: Click to download No Attachments Available ■ r ROLL CALL VOTE , ) V NOTES: 1 i,t) C.\).1 ITEM # ,I MEETING OF I \\3 ,41MOTION BY �� SECONDED BY. C?_A, (-k YES NO ABSTAINED COUNCILMEMBER BARKER COUNCILMEMBER WALDRON V- COUNCILMEMBER WILSON L/ COUNCILMEMBER EVANS VICE MAYOR DIETZ Ili/ COUNCILMEMBER SERDY .\/ . MAYOR INSALACO UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL r► ITEM NO. 17 I MOVE THAT STAFF BE DIRECTED TO MAKE THE NECESSARY CHANGES TO CITY CODE CHAPTER 3, ARTICLE 3-6, APACHE JUNCTION PERSONNEL RULES, RULE 1, SECTION 4 AND RULE 5, SECTION 3, THE CITY CLASSIFICATION PLAN AND ANY OTHER APPLICABLE CODES AND POLICIES IN ORDER TO PLACE THE POLICE CHIEF/PUBLIC SAFETY DIRECTOR POSITION AS A REGULAR CAREER STATUS EMPLOYEE. I FURTHER MOVE THAT THE ORDINANCES AMENDING THE CITY CODE AND PERSONNEL RULES BE WRITTEN WITH THE EMERGENCY CLAUSE AND BE RETURNED FOR A COUNCIL VOTE NO LATER THAN JULY 16, 2013 AND THAT THE AMENDMENT TO THE CLASSIFICATION PLAN BE INCLUDED WITH THE ANNUAL ADOPTION OF THE CLASSIFICATION PLAN AND IN CONJUNCTION WITH TENTATIVE BUDGET ADOPTION NO LATER THAN JULY 15, 2013. ROLL CALL VOTE NOTES: „\)n ( q ‘) \X ' \/\\0 ITEM # \ \C\ MEETING OF V6)\ -1- MOTION BY: SECONDED BY YES NO ABSTAINED VICE MAYOR DIETZ I./ COUNCILMEMBER WILSON 14 COUNCILMEMBER BARKER COUNCILMEMBER SERDY / COUNCILMEMBER EVANS J ,17 COUNCILMEMBER WALDRON MAYOR INSALACO UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL ITEM NO. 18-19 DUE TO THE GENERAL ELECTION ON MAY 21ST, THERE WILL BE NO WORK SESSION ON MAY 20TH NOR REGULAR MEETING ON MAY 21ST,2013. I MOVE THAT AN EXECUTIVE SESSION AT 5.45 P M AND A WORK SESSION AT 7.00 P M BE HELD ON MONDAY, JUNE 3, 2013, IN THE CITY COUNCIL CONFERENCE ROOM AND CITY COUNCIL CHAMBERS RESPECTIVELY; AND THAT AN EXECUTIVE SESSION AT 5.45 P M BE HELD ON TUESDAY, JUNE 4, 2013, IN THE CITY COUNCIL CONFERENCE ROOM. ADJOURNMENT: I MOVE THAT THE MEETING BE ADJOURNED AT P.M ROLL CALL V 1 ./� � WS. � REG SPEC: CITY COUNCIL: P / A P / A P / A MAYOR INSALACO V r VICE MAYOR DIETZ / ✓ / COUNCILMEMBER BARKER / COUNCILMEMBER EVANS J7 jJ COUNCILMEMBER SERDY / / COUNCILMEMBER WALDRON i COUNCILMEMBER WILSON 6/ TOTAL CITY STAFF: 'cl/ 17 �1 !J City Manager George Hoffman Z l/ Assistant City Manager Bryant / / Powell 1/ V City Clerk Kathleen Connelly / / City Attorney Joel Stern V �7 Deputy Chief Tom Kelly / ,/ Public Works Director Giao / / Pham V iJ Parks & Recreation Director Jeff Bell V' Library Director Spencer Paden Finance Director Donna Meinerts Development Svcs Director Brad Steinke Human Resources Director Liz Riley Assistant to the City Manager / i Matt Busby OTHERS: ‘iPr ;). Date 13- l , 3 CITY OF APACHE JUNCTION Please select an option: REQUEST TO SPEAK FORM Item No. OR Call to The Public (One Form Per Item Please fill out completely and return to the City Clerk prior to the conclusion of the City Manager's Report portion of the agenda. Do you wish to speak before Council on this item? Yesm No❑ Only If Necessary tty I am in favor of the proposed Item. ❑ I am opposed to the proposed Item. Name�PriN a 5 I O w rto - A y T\ Address City Zip Code 10 - 1 33c Telephone Email address This information will be used by staff for follow-up, if necessary. Speakers shall make comments directly to the Mayor and City Council when called up to speak at the podium. ) Note: Call to the Public comments have a three minute limit and Public Hearing comments have a five minute limit. Consent for Minor to be Audio and/or Video Recorded: I, 1- Pit ,h.) rvrr, , as the parent/guardian of (minor(s)), a minor(s), agree to allow said minor(s) to appear and/or participate in the City of Apache Junction City Council Meeting I further understand that this activity may be audio and/or video recorded and I hereby consent to the minor being audio and/or video recorded during his/her participation with the likelihood that their image will appear on cable TV and the internet video stream showing their participation. 5 k3 Signature of Parent/Guardian Date 02/23/12