HomeMy WebLinkAbout2010 02.01 City Council Work Session Agenda AY
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APACHE JUNCTION CITY COUNCIL WORK SESSION
CITY COUNCIL CHAMBERS
300 EAST SUPERSTITION BOULEVARD
APACHE JUNCTION,ARIZONA 85219
Monday, February 1, 2010
7:00 PM
AGENDA
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1. CALL TO ORDER.
2. ROLL CALL.
3. INTERVIEW OF CANDIDATES TO FILL ONE VACANCY DUE TO A RESIGNATION FROM THE LIBRARY BOARD.
At this time there are three qualified talent bank applications on file with the City Clerk's office for the Library Board vacancy,with a term that
expires in 2011. Staff requests that Perris Tebon, Colleen Hill and Robert Mayo be interviewed and considered to fill the vacancy.
4. PRESENTATION AND DISCUSSION ON RESOLUTION NO.09-60(AUTHORITY TO SUBMIT A FISCAL YEAR 2010
COMMUNITY DEVELOPMENT BLOCK GRANT AND FISCAL YEAR 2009 STATE SPECIAL PROJECT
APPLICATION)AND RESOLUTION NO.09-62(COMMITMENT OF LEVERAGE FUNDS).
The City of Apache Junction is eligible to submit applications to the Arizona Department of Housing for both a Community Development Block
Grant and State Special Project application.As part of the application requirements, a resolution is required that authorizes the City to submit
applications to the Arizona Department of Housing for funding.Additionally, a resolution is required when leverage funds are being utilized.
5. PRESENTATION AND DISCUSSION ON PROJECT PW 2009-03,DELAWARE DRIVE IMPROVEMENTS.
Presentation and discussion by staff on the bid, opened on January 6,2010 for Delaware Drive Improvements from Apache Trail to
Superstition Blvd. Project PW 2009-03 includes removal of asphalt pavement, installation of new asphalt pavement, base material, adjustment
of existing utilities and other street related improvements. Bid was advertised and twenty-three responses were received. Base bid,including
alternative, ranged from$169.225.00 to$361,806.00.
6. DISCUSSION ON CITY-HOSTED PUBLIC FORUM UPDATING ECONOMIC DEVELOPMENT RELATED TOPICS.
Council Member Jeff Serdy has raised the issue of the City hosting a public forum event to update residents on economic development related
topics.
7. PRESENTATION AND DISCUSSION ON ORDINANCE NO. 1357,ADDING NEW SUBSECTION (K)TO APACHE
JUNCTION CITY CODE,VOL.I,CHAPTER 4,FEES,ARTICLE 4-8,SECTION 4-8-1.
Ordinance No. i 357 will enact: 1) a new municipal court supervised probation fee of$65 for individuals who are qualified and placed on
supervised probation;2) a court monitoring fee of$50;3) a court verification fee of$50 for completion of court-ordered education,treatment
and/or counseling;and 4) a$15 failure to appear fee for missed appointments with the court compliance officer. These fees are needed
to offset the expenses for a court compliance officer which will in large part be paid for through a federal grant.The grant pays for the first two
years of the employment related expenses,but year three must be provided by the City through the above-noted court fees.
8. CONSIDERATION AND DISCUSSION ON RESOLUTION NO.09-58,APPROVING AN INTERGOVERNMENTAL
AGREEMENT WITH PINAL COUNTY FOR REIMBURSEMENT OF OVERTIME AND EMPLOYMENT RELATED
EXPENSES INCURRED DUE TO PINAL COUNTY LOCAL LAW ENFORCEMENT AGENCY PARTICIPATION IN THE
GOVERNOR'S OFFICE OF HIGHWAY SAFETY CONTRACT NO.2010-410-024 FOR THE HIGH VISIBILITY
IMPAIRED DRIVING ENFORCEMENT PROGRAM.
Last year the City participated in a DUI Task Force Program which was funded by the State which allowed for overtime and employment
related expenses to be reimbursed in the amount of$65,000.This year a similar arrangement is offered through the Governor's Office in the
amount of$97,500. Resolution No.09-58 au ?zes the City to enter into an IGA with Pinal Coun("**)allow reimbursement of City overtime
and employment related expenses incurred by its police officers while participating in the DUI Enforcement Program.
9. DISCUSSION ON THE PURCHASE OF REPLACEMENT PATROL VEHICLES IN AN AMOUNT NOT TO EXCEED
$51,451.68.
Discussion on Public Works'request to purchase two(2) Ford Crown Victorias as replacement vehicles to be used by the Police Department's
Patrol Division.
10. PRESENTATION AND DISCUSSION OF DRAFT 2010 GENERAL PLAN.
Staff will present for discussion draft chapters of the evolving 2010 General Plan.
11. ADJOURNMENT.
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Copies of this agenda and additional information regarding any of the items listed above may be obtained from
the City Clerk's office:
300 East Superstition Boulevard,Apache Junction,AZ
Monday through Friday,8:00 a.m.to 5:00 p.m.,excluding holidays
If any person with a disability needs any type of accommodation,please notify the Human Resources Office,at
(480)474-2617 or(480)983-0095(TDD)at least 72 hours prior to the scheduled time.
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TO: City Manager's Office
FROM: SPENCER PADEN, LIBRARY MANAGER
DATE: February 1, 2010
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Agenda Type : Work Session Agenda
Council Priority Focus Area:
TITLE OF AGENDA ITEM:
INTERVIEW OF CANDIDATES TO FILL ONE VACANCY DUE TO A RESIGNATION FROM THE LIBRARY BOARD.
ACTION REQUESTED:
DISCUSSION/ BACKGROUND INFORMATION:
At this time there are three qualified talent bank applications on file with the City Clerk's office for the Library Board vacancy,
with a term that expires in 2011. Staff requests that Pems Tebon, Colleen Hill and Robert Mayo be interviewed and
considered to fill the vacancy.
FISCAL IMPACT:
OPTIONS/ALTERNATIVES:
RECOMMENDATION:
Interview current applicants to fill one Library Board vacancy.
ATTACHMENTS:
Click to download
Talent Bank application
D Talent Bank application
D Robert Mavo Talent Bank anolication
THERE IS ADDITIONAL
INFORMATION ON THIS ITEM
IN THE REGULAR MEETING
SECTION UNDER ITEM
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TO: City Manager's Office
FROM: Heather Patel, Program Coordinator
r'1 DATE: February 1, 2010
Agenda Type : Work Session Agenda
Council Priority Focus Area: Community Development
TITLE OF AGENDA ITEM:
PRESENTATION AND DISCUSSION ON RESOLUTION NO. 09-60 (AUTHORITY TO SUBMIT A FISCAL YEAR 2010
COMMUNITY DEVELOPMENT BLOCK GRANT AND FISCAL YEAR 2009 STATE SPECIAL PROJECT APPLICATION) AND
RESOLUTION NO. 09-62 (COMMITMENT OF LEVERAGE FUNDS).
ACTION REQUESTED:
Presentation and Discussion
DISCUSSION/BACKGROUND INFORMATION:
The City of Apache Junction is eligible to submit applications to the Arizona Department of Housing for both a Community
Development Block Grant and State Special Project application. As part of the application requirements, a resolution is
required that authorizes the City to submit applications to the Arizona Department of Housing for funding. Additionally, a
resolution is required when leverage funds are being utilized.
FISCAL IMPACT:
OPTIONS/ALTERNATIVES:
Statutory Requirement
RECOMMENDATION:
Staff respectfully requests that Council review and discuss Resolution Numbers 09-60 and 09-62.
ATTACHMENTS:
Click to download
❑ .c.tcif�nej��ii ,
❑ Resolution No.09-60
1) Resolution No.09-62
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THERE IS ADDITIONAL
INFORMATION ON THIS ITEM
IN THE REGULAR MEETING n
SECTION UNDER ITEM
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TO: City Manager's Office
FROM: Shane Kiesow, Public Works Manager
DATE: February 1, 2010
Agenda Type : Work Session Agenda
Council Priority Focus Area: Community Infrastructure
TITLE OF AGENDA ITEM:
PRESENTATION AND DISCUSSION ON PROJECT PW 2009-03, DELAWARE DRIVE IMPROVEMENTS.
ACTION REQUESTED:
Presentation and Discussion
DISCUSSION/BACKGROUND INFORMATION:
Presentation and discussion by staff on the bid, opened on January 6, 2010 for Delaware Drive Improvements from Apache
Trail to Superstition Blvd. Project PW 2009-03 includes removal of asphalt pavement, installation of new asphalt pavement,
base material, adjustment of existing utilities and other street related improvements.. Bid was advertised and twenty-three
responses were received. Base bid, including alternative, ranged from $169.225.00 to$361,806.00.
FISCAL IMPACT:
Budgeted Expenditure
OPTIONS/ALTERNATIVES:
RECOMMENDATION:
Presentation and Discussion.
ATTACHMENTS:
Click to download
❑ Memo to Council
❑ MR Tanner Agreement
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Public Works Department
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Home of the Superstition Mountains
JANUARY 12,2010
MEMORANDUM TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
THROUGH: GEORGE HOFFMAN,CITY MANAGER
DAVID FERN,DIRECTOR OF PUBLIC WORKS
FROM: GIAO PRAM,P.E.,CITY ENGINEER
REGARDING: AWARD OF BID FOR PROJECT PW 2009-03
DELAWARE DRIVE IMPROVEMENTS
Twenty-three bid packets were received and opened on Wednesday,January 6,2010,out of forty-six(46)
packets e-mailed or picked-up. The base bids plus alternative ranged from$169,225.00 to$361,806.00.
This project includes removal of asphalt pavement, installation of new asphalt pavement,base materials,
adjustment of existing utilities and other related improvements. Work is scheduled to be completed by
the end of May 2010.
Bid Opening Summary of three lowest bids: Base Bid Alternative Total
M R TANNER DEV. &CONST. $87,600.00 $81,625.00 $169,225.00
ALR CONSTRUCTION $87,682.00 $84,890.00 $172,572.00
KNOCHEL BROS.,INC. $93,314.66 $82,278.00 $175,592.60
Full listing of all twenty-three bidders on attached page.
The Public Works Department recommends award to M R Tanner Development&Construction for their w
base bid and alternate bid,in the amount of$169,225.00.
RECOMMENDED MOTION: I MOVE TO AWARD BID PW 2009-03 TO M R TANNER
DEVELOPMENT AND CONSTRUCTION IN THE AMOUNT OF$169,225.00,PLUS 10%FOR
UNFORESEEN CHANGE ORDERS,$16,922.50,FOR A TOTAL OF$186,147.50.
575 E. Baseline Avenue,Apache Junction,AZ 85119
• Voice(480)982-1055 • FAX(480) 983-5752 or(480)982-8005
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A h y of Apache
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Home of the Superstition Mountains
BID OPENING FOR DELAWAW DRIVE IMPROVEMENTS PROJECT- PW 2009-03
COMPANY BASE BID LUMP SUM ALTERNATIVE TOTAL
ABC Asphalt $150,759.23 $117,644.20 $268,403.43
ALR Construction $87,682.00 $84,890.00 $172,572.00
Asphalt Services of Arizona $172,837.50 $107,745.00 $280;582.50
Cactus Asphalt $159,245.03 $121,392.70 $280,637.73
Caymus Corporation $199,870.98, $94,685.00 $294,555.98
City Wide Contracting, LLC $121,202.00 $101,215.00 $222,417.00
Combs Construction Company, Inc. $106,976.70 $82,550.00 $199,526.70
Gunsight Construction Companies, LLC $105,808.00 $91,420'.00 $197,228.00
J. Banicki Construction, Inc $121,294.00 $81,363.80 $202,657.80
JSA Construction $128,098.70 $78,360.00 $206,458.70
Knochel Bros., Inc. $93,314.60 $82,278.00 $175,592.60
M &S Paving Construction Co., Inc. $244,266.00, $117,540.00 $361,806.00
Marham Contracting $121,916.00 $74,442.00 $196,358.00
MR Tanner Dev.&Construction $87,600.00 $81,625.00 $169,225.00
Nesbitt Contracting Co. $133,605.50 $84,890.00 $218,495.50
Pat Hyle Contracting $126,907.87 $93,852.46 $220,760.33
Ricor, Inc. $121,096.20 $75,095.00 $196,191.20
RK Sanders, Inc. $163,155.95 $104,480.00 $267,635.95
S&S Paving&Construction $119,000.00 ` $84,890.00 $203,890.00
Specialized Surfacing $235,392.00 $91,420.00 $326,812.00
Spire Engineering, LLC $137,941.00 $71,830.00 $209,771.00
Swaine Asphalt Corporation $171,307.96 $111,369.03 $282,676.99
Visus Inc. $155,558.00 $89,461.00 $245,019.00
575 E. Baseline Avenue,Apache Junction,AZ 8511,9
• Voice(480) 982-1055 •SAX(480) 983-5752 or(480) 982-8005
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City OF APACHE JUNCTION
AGREEMENT FOR DELAWARE DRIVE IMPROVEMENTS
APACHE TRAIL TO SUPERSTITION BLVD .
PROJECT PW 2009-03
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THIS AGREEMENT made and entered into by and between the City
of--Apache Junction, an Arizona municipal corporation ("City") and
M.R. Tanner Development and Construction, Inc. an Arizona
corporation ( "Contractor" ) .
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RECITALS
A, In response to City' s Notice Inviting Bid Proposals dated
December, 2009, and any addendums applicable thereto, Contractor
submitted a proposal dated, January 6, 2010, in which Contractor
asserts its willingness, ability and qualifications to provide 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: Delaware Drive will be improved .
for one half mile from Apache Trail to Superstition Boulevard.
Street improvements will i nnl ur3P tha -Fnl i ntai n"• remn� al O f
existing asphalt pavement, installation of new asphalt pavement,
adjustment of existing utilities and other street related
improvements. All work shall be completed in accordance with
the following (hereinafter referred to as the Contract
Documents) :1) the. construction plans entitled "City of Apache
Junction Delaware Drive Improvements, PW 2009-03"; 2) the
latest "Uniform Standard Specifications and Details for Public
Works Construction" by the Maricopa Association of Governments
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and Standard Details of the City of Apache Junction; and 3) the .
plans entitled "Delaware Drive Improvements from Apache Trail to
Superstition Boulevard- Project No. PW 2009-03" as shown and
described in the referenced bid documents and included here in
under Exhibit L.
2 . PAYMENTS & COMPLETION: The contract sum shall be the
total amount payable by City to the Contractor in the amount of One
Hundred Sixty-Nine Thousand Two Hundred Twenty-Five Dollars and No
Cents (,$169, 225.00) for the performance of the work under the
contract documents except for changes authorized by properly
executed change orders. Upon notice that the work is ready , for
final inspection or acceptance, City representatives shall promptly
cause to be made an inspection. When City finds the work
acceptable under the Contract Documents, City shall promptly submit
for processing a certificate for payment stating that to the best
of their knowledge, information and belief and on the basis of its
observation and inspection, the work has been completed in
accordance with the terms and conditions of the Contract Documents
and that partial payment or the entire balance due the Contractor
is payable. No final payment shall become due until the Contractor
submits to the all required lien waivers, releases and any other
data establishing payment or satisfaction of all Contractor' s
obligations. If any Subcontractor refuses to furnish a release or
waiver required by City, Contractor may furnish a bond satisfactory
to the City to indemnify City against any such lien. If any such
lien remains unsatisfied after all payments are made, Contractor-
shall refund to City all monies that the latter may be compelled to
pay in discharging such liens, including all costs and reasonable
attorneys fees.
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3 . CONTRACT TIME: Contractor hereby fixes the time for
beginning work- no later than March 1, 2010 as, with completion no
later than May 28, 2010 . 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 shall be responsible to City for the acts and omissions
of its employees, Subcontractor' s and their agents and employees
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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 r•+�
permanent, and whether or not incorporated or to be incorporated t
in the work.
6. INSPECTIONS AND QUALITY OF WORK: Contractor understands
and specifically agrees that all work is to be performed pursuant
to Maricopa Association of Governments specifications and details,
("MAG' ' specifications and details ' ' ) with City' s additions.
Contractor agrees that it will conduct at least one pre-
construction meeting before any work commences. While performing
the services, Contractor shall exercise the reasonable professional
care and skill customarily exercised by reputed members of
Contractor' s profession practicing in the Phoenix metropolitan
area, and shall use reasonable diligence and best judgment while
exercising its professional skill and expertise. Contractor shall
also be responsible for all errors and omissions Contractor commits
in the performance of this Agreement. Contractor understands and
agrees that inspection of the work being performed hereunder will
occur by City. Contractor agrees that City will have the exclusive
right to determine, in its sole discretion, whether the work has
been performed in accordance with the Contract Documents, including
MAG specifications and details. Contractor further agrees to make
such corrections to the work as may be directed by City to conform
to said Contract Documents including MAG specifications and
. details, without requirement of Change Order or any additional
charge or cost to City whatsoever. Contractor further agrees to
make such corrections to the work within the time for completion of
work as specified in Section 3 above and shall not be entitled to
additional time for completion of work for any correction work
needed to be performed hereunder. Failure to perform correction
work within the time to complete work as provided in Section 3
shall subject Contractor to liquidated damages .as provided therein.
7. WARRANTY: Contractor shall guarantee the work against
defective workmanship or materials for a period of one year from
the date of its final acceptance under the contract; ordinary wear
and tear and unusual abuse or neglect excepted. Any omission on
the part of City to condemn defective work or materials at the
time of construction shall not be deemed an acceptance. and
Contractor will be required to correct defective work' or materials
at any time before final acceptance. - Within one year from the date
of final acceptance due to faults in workmanship or materials, the
Contractor shall begin making the necessary repairs to the
satisfaction of City within fourteen (14) calendar days of receipt
of written notice from City. Such work shall. in.clude the repair or
replacement of other work or materials damaged or affected by
making the above repairs or corrective work all at no additional
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cost to City. In the case of work materials or equipment for which
warranties are required by the special provisions, Contractor shall
provide or secure from the appropriate Subcontractor or supplier .
such warranties addressed to and in favor of City and deliver same
to City prior to final acceptance of the work. Delivery of such
warranties shall not relieve Contractor from any obligation assumed
under any other provision of the contract. The warranties and
guarantees provided in this subsection of the contract documents
nshall 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 .
8. TAXES: Contractor shall pay all license, sales,
consumer, use and other similar taxes for the work or portions
thereof provided by Contractor which are legally enacted at the
time bids are received whether or not yet effective or subsequently
applicable due to acts of jurisdictions or bodies other than City.
9. PERMITS & FEES: Unless otherwise provided in the
contract documents, Contractor shall secure and pay for all
permits, governmental fees, licenses and inspections necessary for
the proper execution and completion of work which are customarily
secured after execution of the contract and which are legally
required. Contractor shall give all notices and comply with all
laws, ordinances, rules, regulations and lawful orders of any
public authority bearing on the performance of the work. City
permits for this work will be provided to Contractor at no cost .
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
s 5 . Any activity by Subcontractor's within the corporate City
limits, will invoke the same business tax regulations on any
Subcontractor' s, and Contractor ensures its Subcontractor' s will
obtain any required business tax license.
10. SUPERINTENDENT: Contractor shall employ a competent
project superintendent who shall be in attendance .at the project
site during the progress of the work. The superintendent shall .
represent and be the community agent of Contractor and
communications given to the superintendent shall be as binding as
if given to Contractor. Important communications shall be
confirmed in writing. The designated superintendent 's contact
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.
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12. INDEMNIFICATION: Contractor shall defend indemnify and
hold harmless City, its, agents, officers, officials- and employees,
from and against all claims, damages, losses and expenses
(including but not limited to attorney fees, court costs and the
cost of appellate proceedings) relating to, arising out of, or
alleged to have resulted from the acts, errors, mistakes,
omissions, work or services of Contractor, its agents, employees, i
or any tier of Contractor's Subcontractors or any other person for
whose acts, errors, mistakes, omissions, work or services 1
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 . SUB-CONTRACTORS: All Subcontractors chosen by
Contractor will be subject to City' s approval. All Subcontractors
shall be identified by Contractor prior to award of contract.
Contractor shall make .no substitutions for any Subcontractor,
person or entity previously selected without the approval of City.
14. GOVERNING LAW AND VENUE: The terms and conditions of
this Agreement shall be governed by and interpreted in accordance
with the laws of the State of Arizona. Any action at law or in
equity brought by either party for the purpose of enforcing a right
or rights provided for in this Agreement, shall be tried in a court
of competent jurisdiction in Pinal County, State of Arizona. The i
parties hereby waive all provisions of law providing for a change
of venue in such proceeding to any other county. In the event
either party shall bring suit to enforce any terms of this
Agreement or to recover any damages for and on account of the
breach of any term or condition in this Agreement, it is mutually
agreed that the prevailing party in such action shall recover all
costs including reasonable attorney fees to be determined by the
court in such action.
15. INSURANCE: Contractor, at its own expense, shall
purchase and maintain the herein stipulated minimum insurance with ( )
companies duly licensed in the State of Arizona, possessing a
current A.M. Best, Inc. Rating of B++6, or approved unlicensed in
the State of Arizona with policies and forms satisfactory to City.
All insurance required herein shall be maintained in full force and
effect until all work or service required to be performed under the
terms of the Agreement is satisfactorily completed and formally
accepted; failure to do so may, at the sole discretion .of the City
constitute a material breach of this Agreement .
Contractor' s insurance shall be primary insurance as respect to
City, and any insurance or self-insurance maintained by City shall
not contribute to it .
Any failure to comply with the claim reporting provisions of the
insurance policies or any breach of an insurance policy warranty
shall not affect coverage afforded under the insurance policies to
protect City.
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The insurance policies, except Workers Compensation, shall contain '
waiver of transfer rights of recovery .(subrogatidn) 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 i
self-insured retentions shall not be applicable with respect to the
coverage provided to City under such policies. Contractor shall be
solely responsible for the deductible and/or self-insured retention
and City, at its option, may require Contractor to. secure payment
of such deductibles or self-insured retentions by a Surety Bond or
an irrevocable and unconditional letter of credit.
City reserves the right to request and to receive within ten (10)
working days, certified copies of any or all of the herein required
insurance policies and/or endorsements. City shall not be
obligated, however, to review same or to advise Contractor of any
deficiencies in such policies and endorsements, and such receipt
shall not relieve Contractor from, or be deemed a waiver of City' s
right to insist on strict fulfillment of Contractor' s obligations
under this Agreement.
The insurance policies, except Workers Compensation and
Professional Liability, required by this Agreement, shall name
City, its Mayor, Council, appointees, agents, officers, officials
and employees as additional insured parties .
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REQUIRED COVERAGE
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Commercial General Liability
Contractor shall maintain Commercial General Liability insurance j
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.
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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 j
jurisdiction of Contractor' s employees engaged in the performance i
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 .
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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.
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Professional Liability i
If deemed applicable by the City Attorney, Contractor will maintain
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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
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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 i
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,
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to �� il.i.eQ with file City Clerk OL City.
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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 i
cancelled, or materially changed without a minimum thirty (30) j
calendar days written notice to City from Contractor. All
Certificates of Insurance shall be identified with bid serial
number and title.
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16 . CHANGE ORDERS: This is a Lump Sum Contract . However,
change orders maybe 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,
n order changes in the work within the general scope of the contract
consisting of additions, deletions or other revisions, the contract j
sum and the contract being adjusted accordingly. All such changes
in the work shall be authorized by change order and shall be
performed under the applicable conditions of the contract
documents. City's Director of Public Works shall have authority to
order minor changes in the work not involving an adjustment in the .
contract sum or extension of contract time and not inconsistent
with the intent of the contract documents. All such changes shall
be effected by written order and shall be binding upon City and .�
Contractor. 1
17 . SUCCESSORS & ASSIGNS: City and Contractor each bind
themselves, their partners, successors, assigns and legal j
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 I
due or to become due to or to become due to it without the previous
written consent of City.
18 . WRITTEN NOTICE: Written notice shall be deemed to have
been. duly served if delivered in person to the individual or member
of the firm or entity, or to an office of the corporation for whom
it was intended or if delivered at or sent registered or certified
mail, return receipt requested, and first class postage prepaid to
the last business address known to them who gives the notice.
19. CLAIMS FOR DAMAGES: Should either party to the
contract suffer injury or damage to personal property because of
any act or omission of the other party or of their employees or
agents for whose acts they are legally liable, claims shall be
made in writing to such other parties within a reasonable time
after the first observance of such injury or damages.
20. PERFORMANCE BOND & LABOR & MATERIAL PAYMENT BOND:
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City shall have the right to require Contractor to furnish bonds
covering the faithful performance of the contract and the payment
of all obligations arising thereunder. Attached are standard bond
forms which must be completed by Contractor, and Contractor agrees
to conform to all provisions set forth in such forms.
21 . SAFETY: Except as provided herein with respect to
trench excavation and traffic regulations, Contractor and/or its
Subcontractors shall be solely responsible for job safety at all
times.
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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 i
act constitute an approval of or an acquiescence to any breaches
thereunder except as may be specifically agreed to in writing.
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23 . TIME IS OF THE ESSENCE: All time limits stated in
the contract documents are of the essence. Contractor shall begin
work on the date of commencement as defined in Section 3 above . It
shall carry the work forward expeditiously. If Contractor is
delayed at any time in the progress of the work by any act or
neglect of City or by any employee of the City not specifically
disclaimed herein, or by change orders in the work or any labor
disputes, dire and unusual delay in transportation, adverse weather -
conditions not reasonably anticipated, unavoidable casualties, or
any causes beyond the Contractor's control or by delay caused by i
City or by any other cause which City determines may justify the
delay, the contract time shall be extended by change order for such i
reasonable time as City may determine, except as otherwise provided
for in Section 16 as noted above. Any claim for extension of time
shall be made in writing to the Director of Public Works not more
than seven (7) calendar days after the commencement of the delay, I
otherwise said claim shall be waived by Contractor. In the case of
a continuing delay, only one claim is necessary. Contractor shall
provide an estimate of the probable effect of such delay on the
progress of work. This section does not exclude the recovery of
damages for delay by either party under the provisions of the
contract documents.
24. TERMINATION BY Contractor: If the work is stopped for
a period of fifteen (15) calendar days under an order of any court
or other public authority having jurisdiction or as a result of an 1
act of government such as declaration of national emergency making
material unavailable through no act or fault of Contractor or a
Subcontractor or their agents or employees, Contractor may upon
seven (7) additional calendar days, give written notice to City, j
terminate the contract and recover from City payment for all work
executed and for any proven loss sustained upon any materials,
equipment, tools, construction equipment and machinery including
reasonable profit and damage.
25 . TERMINATION BY City: If Contractor is adjudged i
bankrupt or if it makes a general assignment for the benefit of
its creditors or if a receiver is appointed on account of its
insolvency, of if it persistently or repeatedly refuses or- fails
except in case. for which extension of time is provided to supply j
enough properly skilled works or proper materials or labor or
persistently disregards laws, ordinance, rules, regulations or
orders of any public authority having jurisdiction or otherwise is
guilty of a substantial violation of a provision of the contract
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documents, City upon certification by the Director of Public Works
that sufficient cause exists to justify such action may without
prejudice to any right or remedy and after giving the Contractor
and its surety if any, ten (10) calendar days written notice,
terminate this contract and take possession of the site and of all
materials, equipment, tools, construction equipment and machinery
thereon owned by the Contractor and may finish the work by whatever
method it may deem expedient . In such case, Contractor shall. not I
be entitled to receive any further payment until the work is
finished. If the unpaid balance of the contract sum exceeds the j
cost of finishing the work such excess shall be paid to the '
Contractor. If such costs exceed the unpaid balance, Contractor
shall pay the difference to City. The amount to be paid to
Contractor or to City as the case may be, shall be certified by the j
City' s Director of Public Works and this obligation for payment l
shall survive the termination of this contract.
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26. RECORDS: Records of Contractor' s labor, payroll and
other costs pertaining to this Agreement shall be kept on a
generally recognized accounting basis and made available to City
for inspection on request . Contractor shall maintain records for a
period of at least two (2) years after termination of this
Agreement, and shall make such records available during that
retention period for examination or audit by City personnel during
regular business hours.
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27 . AMENDMENT: It is mutually understood and agreed that no
alteration or variation of the terms and conditions of this
Agreement shall be valid unless made in writing and signed by the
parties hereto, and that oral understandings or agreements not
incorporated herein shall not be binding on the parties.
28 . SEVERABILITY: If any part, term or provisions of this j
Agreement shall be held illegal, unenforceable or in conflict with
any law, the validity of the remaining portions and provisions j
hereof shall not be affected. L
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29 . CONFLICT OF INTEREST: The provisions of A.R.S. § 38-511 I
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relating to cancellation of contracts due to conflicts of interest
shall apply to this contract.
30 . COMPLIANCE WITH FEDERAL AND STATE LAWS: The Contractor
understands and acknowledges the applicability to it of the
American with Disabilities Act, the Immigration Reform and Control j
' a. f 1986 d L L... rya,....... F — 1 l T ct F 1989 .
n n n The 11. 1 I
.t-I L VL 170 alll.2 L11G LJl Uy rLCC VV0 hpl a.l:e &I L OL .L 707 L11C 1V11VW1.11l�.
is only applicable to construction contracts: The Contractor must
also comply with A.R.S. § 34-301, "Employment of Aliens on Public I
Works Prohibited", and A.R.S. § 34-302, as amended, "Residence
Requirements for Employees" .
Under the provisions of A.R.S. § 41-4401, Contractor hereby
warrants to the City that the Contractor and each of its
Subcontractors will comply with, and are contractually obligated to
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Comply with, all Federal Immigration laws and regulations that j
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relate to their employees and A.R.S. § 23-214 (A) (hereinafter 1
"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 j
the sole discretion of the City.
The City retains the legal right to inspect the papers of any
Contractor or Subcontractors employee who works on this Contract to
ensure that the Contractor or Subcontractor is complying with the
Contractor Immigration Warranty. Contractor agrees to assist the i
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 3
Subcontractors to ensure compliance with Contractor's Immigration
Warranty. Contractor agrees to assist the City in regard to any
random verifications performed.
Neither the Contractor nor any of Subcontractor shall be deemed to
have materially breached the Contractor Immigration Warranty if the
Contractor or Subcontractor establishes that it has complied with j
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. I
The provisions of this Article must be included in any contract the s
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.
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IN WITNESS WHEREOF the parties hereto have caused this Agreement to
be signed by their duly authorized representative as of this day of
2010 .
M. R. TANNER DEVELOPMENT AND CONNSTRUCTION, INC. .
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Title :
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STATE OF ARIZONA )
COUNTY OF ) '
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The foregoing instrument wasacJknowledged before me this day of '
r�t�t`a12t 2010, by K N_ V (tj V,\-V8-�►' as
Contractor in the above-referen ec d Agreement . j
Witness my hand and official seal .
My Commission Expires : -I/adl?..d 1-9
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,•!A`f5. OF AR1ZONA
fvar1CQpa couav Notary Public
THERYN K. HANSEN
My Commisslan Expires 04130/13
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City OF APACHE JUNCTION
an Arizona municipal corporation
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By: JOHN S. INSALACO
Its MAYOR
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Kathleen Connelly j
City Clerk .
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APPROVED AS TO FORM: I
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Richard J. Stern
City Attorney
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STATE OF ARIZONA )
ss .
COUNTY OF PINAL )
The foregoing instrument was acknowledged before me this day of
2010, 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. i
My Commission Expires:
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Notary Public
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STATUTORY PAYMENT BOND PURSUANT TO TITLE 34,
CHAPTER 2, ARTICLE 2, OF THE ARI20NA REVISED STATUTES i
(Penalty of this Bond MUST be 100% of the Contract Amount)
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KNOW ALL MEN BY THESE PRESENTS: j
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 i
(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. �
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WHEREAS, the Principal has entered into a certain written contract with the i
Obligee, dated _day of 2010 to which I
contract is hereby referred to and made a part hereof as fully and to the same s
extent as if copied at length herein.
NOW, THEREFORE, THE CONDITIONS OF THIS OBLIGATION IS SUCH, that if the said ?
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Principal shall promptly pay all moneys due to all persons supplying labor or
materials to Principal or Principal's Sub-Contractors in the prosecution of the
work provided for in said contract, this obligation shall be void. Otherwise it
remains in full force and effect:
PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Title
34, Chapter 2, Article 2, of the Arizona Revised Statutes, all liabilities on
this bond shall be determined in accordance with the provisions, conditions and s
limitations of said Title, Chapter and Article, to the same extent as if they
I , 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 2010.
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PRINCIPAL SEAL
BY:
AGENCY OF RECORD ?
AGENCY ADDRESS SURETY SEAL E
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BY:
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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)
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KNOW ALL MEN BY THESE PRESENTS:
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That, (hereinafter called the Principal) , as
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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. i
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WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated
day of 120 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 i
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
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hereby waived, the above obligation is void. Otherwise it remains in full force and
effect.
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PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Title 34,
Chapter 2, Article 2, of the Arizona Revised Statutes, and all liabilities on this bond
shall be determined in accordance with the provisions of Title 34, Chapter 2, Article 2,
Arizona Revised Statutes, to the extend as if they were copies at length in this
agreement.
The prevailing party in a suit on this bond shall recover as part of the judgement
reasonable attorney fees as may be fixed by the judge of the court.
Witness our hand this day of , 20
PRINCIPAL SEAL
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AGENCY OF RECORD
AGENCY ADDRESS SURETY
BY: i
ATTORNEY IN FACT i
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City OF APACHE JUNCTION j
PROJECT NO. PW 2009-03
CERTIFICATE OF INSURANCE I
The certifies that the following
insurance policies have been issued on behalf of:
n NAME OF INSURED: ADDRESS
OF INSURED: j
Type of Policy Effect. Expire Limits of
Insurance Number Date Date Liability
I. Workman's $100,000 Each Accident;
Compensation $100, 000 Each Disease,
$500, 000 Disease Policy
Limit i
2.. _Commercial $1,000,000 Each Occurrence;
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General $2,000,000 .Products
Liability /Completed Operations
Aggregate; $2,000,000
General Aggregate Limit
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3 Contractual $1, 000, 000 Each
Bodily Injury Occurrence
& Property
Damage f
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 f
renewal Certificate of the required coverage must be sent to the City of f
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
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also provide that the City, its Mayor, Council, appointees, officers, I
employees and agents, are additional insured parties .
Date : Countersigned by:
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Title:
SUBSCRIBED AND SWORN TO before me this day of 2010
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by as Insurer.
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Notary Public
My Commission Expires:
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EXHIBIT A
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NOTICE INVITING BID PROPOSALS
FOR
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DELAWARE.DRIVE IMPROVEMENTS
APACHE 'TRAIL TO SUPERSTITION BOULEVARD
PROJECT NO. PW 2009-03
DEPARTMENT OF PUBLIC WORKS
CITY OF APACHE JUNCTION
575 E. BASELINE AVENUE
APACHE JUNCTION,ARIZONA 85119
<aEessiorwr
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r��n�nirnt+in �nnn ° 40241 . I
JViu�.L'1111lL1\,4V V7 rtj EMILE C. E. — E
SCHMI I
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9R/z fined. q.
EXPIRES 12/31/09 1
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DELAWARE DRIVE IMPROVEMENTS
APACHE TRAIL TO SUPERSTITION BOULEVARD
PROJECT NO.PW 2009-03
TABLE OF CONTENTS j
Page
Table of Contents
Notice Inviting Bid Proposals
Instructions to Bidders 1-10
-1. Definitions 1
2. Project 1
3 Examination of Bid Documents 1
4. Qualifications of Bidders 1-2
5. Disqualification of Bidders 2
6. Preparation of Proposal 2
7. Submission of Proposal 2-3
8. Consideration of Proposal 3 ..
9. Progress Schedule 3
10. Award of Contract Process 3 j
11. Notice to Proceed 3
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12. Bonds&Certificates of Insurance 3-6 ;
13. Permits,Fees&Licenses 6
14. Interpretation of Documents 6
15, Completion Date&Liquidated Damages 6
16. Indemnifications 6 '
17. Subcontractors 6
18. Meetings 7
19. Performance 7
20. Issuing an Unsatisfactory Performance Appraisal 7 j
21. Warranties & Guarantees 7
22. Prevailing Wage 7
23, Utility Locations 7
(n 24. Acceptance of Project 7-8
25. Certification 8
26. Payment 8
27. Compliance 8
28. Calculations of Quantities 8
29. Improvements 8
30, Construction Staking 8
31. Construction Testing 8
32. Traffic Control 9
33. City Sales Tax 9
34. Compliance with Federal and State Laws 9-10
(Continued on page ii)
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Table of Contents Page ii
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SPECIAL PROVISIONS 11-13
Exhibits
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Sub-Contractors List(Exhibit A) 14
Surety Bid Bond(Exhibit B) 15
Cost Proposal (Exhibit C) 16.17
Similar Service History(Exhibit D) 18
Progress Schedule(Exhibit E) 19
Understanding&Agreement(Exhibit F) 20
Certificate of Insurance(Exhibit G) 21
Payment Bond(Exhibit H) 22
Performance Bond(Exhibit 1) 23 i
Contractor Performance Review(Exhibit 3) 24
Sample Standard Contact(Exhibit K) Included in Packet
Construction Plans (Exhibit L) Rolled Separately
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40241
EMILE C. E.
SCHMI
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EXPIRES 12/31/09 !�
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Puhlic Works Department
Home of the Superstition Mountains i s
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n NOTICE INVITING BID PROPOSALS i
FOR
DELAWARE DRIVE IMPROVEMENTS t
APACHE TRAIL TO SUPERSTITION BOULEVARD j
PROJECT NO. PW 2009-03 j
THE CITY OF APACHE JUNCTION,ARIZONA, INVITES SEALED BIDS FOR: j
Delaware Drive will be improved for half mile from Apache Trail to Superstition Boulevard.
Improvements will include the following.approximately 6,401 square yards removal of asphalt
pavement,installation of 6,530 square yards of new asphalt pavement,6,530 square yards of base r
material,adjustment of existing utilities and other street related improvements.
All work under this contract shall be done in accordance with these Bid Documents including-the Special
Provisions herein,the construction plans entitled"City of Apache Junction Public Works Department
Delaware Drive Improvements from Apache Trail to Superstation Boulevard,Project Number PW2009-
03",the latest"Uniform Standard Specifications and Details for Public Works Construction"by the
Maricopa Association of Governments,and Engineering Standards and Details of the City of Apache
Junction.
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Bid documents are available via email. Send request for plans to publicworks@ajcity.net. i
Additional information may be obtained from the Public Works Department, Senior Project
Engineer, Mr. Emile Schmid at e-mail eschmid@ajcity.net'or 480-474-8515. j
Sealed bids will be accepted at the City Clerk's office,300 East Superstition Blvd,Apache Junction, t i
until 2:00 PM.MST,January 6,2010,at which time and place all bids will be opened and read as a
matter of public information. Any bids received after bid closing time will be rejected and returned
unopened. Each bidder shall furnish the information required by the City as evidence of
qualifications to provide the labor,materials,transportation,equipment and services required.
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Each bid shall be submitted on the proposal form(s) provided. Envelopes shall be marked i
"Delaware Drive Improvements from Apache Trail to Superstition Boulevard, Project
No. PW 2009-03". Each bid must be accompanied by a Cashier's Check or Bid Bond in the
amount of ten (10%) percent of the total amount of the bid, payable to the order of the City j
of Apache Junction, using the Surety Bid Bond form provided.
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The City of Apache Junction reserves the right to reject any and all bids and to waive technicalities
and informalities.
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Kathleen Connelly
City Clerk I f
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575 E.Baseline Avenue,Apache Junction,AZ 85219
•Voice(480)982-1055 •FAX (480)983-5752 or(480)982-8005
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INSTRUCTIONS TO BIDDERS
DELAWARE DRIVE IMPROVEMENTS
APACHE TRAIL TO SUPERSTITION BOULEVARD j
PROJECT NO.PW 2009-03
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1. DEFINITIONS j
a. "Bidder" shall mean any person,corporation or other entity who submits a bid
proposal to the City of Apache Junction pursuant to these documents.
b. "City"shall mean the City of Apache Junction. I
C. "Contractor" shall mean the person or entity to whom the contract is
awarded. �
d. "Engineer" shall mean the City's Engineer or designated representative. j
e. "Successful Bidder" shall mean the person or entity who submits a bid which the
City determines is the lowest,most responsible and responsive bidder
and to whom the City awards the bid.
2. PROJECT
Delaware Drive will be improved for one half mile from Apache Trail to Superstition Boulevard.
Street improvements will include the following: removal of existing asphalt pavement,
installation of new asphalt pavement, adjustment of existing-utilities and other street related
improvements. I
All work under this contract shall be done in accordance with these Bid Documents including:
the Special Provisions herein,the construction plans entitled"City of Apache Junction Public
Works Department Delaware Drive Improvements from Apache Trail to Superstation Boulevard,
Project Number PW2009-03",the latest"Uniform Standard Specifications and Details for Public
Works Construction"by the Maricopa Association of Governments,and Engineering Standards
and Details of the City of Apache Junction, all of which are hereinafter referred to as the Contract
Documents. Refer to Exhibit C—Cost Proposal for a tabulation of construction_ items and
quantities.
3. EXANUNATION OF BID DOCUMENTS
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The Bidder shall carefully examine and study the documents and specifications applicable to the i
award of a contract hereunder including the personnel, materials and/or equipment which will be
required to be furnished by the Successful Bidder.. The submission of a proposal shall be prima
facie evidence that the Bidder has made such an examination and unless an exception is noted in
writing, intends to supply the materials, labor and/or equipment as submitted in accordance with
the plans and specifications.
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4. QUALIFICATION OF BIDDERS
Each Bidder shall be licensed to do business in the State of Arizona, have a State Contractor's
license, and the Successful Bidder must also be licensed to do business in the.City of Apache
Junction and shall obtain a Privilege/tax License. Each Bidder shall also have sufficient
personnel and equipment to provide the service required by the City, and shall have a history of j
providing satisfactory service to its customers. Each Bidder shall submit a list of at least three
(3) customers including name, address and telephone number for whom similar work has been i
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completed in the last twelve(12)months and shall include a short description and location of the
work using the forni labeled Exhibit D.
5. DISQUALIFICATION OF BIDDERS
Anyone of the following is sufficient grounds for the disqualification of a Bidder and rejection
of the bid:
a. Submission of inoie than one proposal for the same materials or equipment
from an individual, "firm,firm, partnership'or corporation' under the same or
different names.
b. Evidence of collusion among Bidders.
C. Failure to fully complete all parts of this proposal or to submit the proposal
in accordance with the"requirements herein.
d. Failure to meet the qualifications` for bidding or provide evidence of such
qualifications when requested.
e. Failure to execute Agreement with City, with terms consistent in Proposed
Agreement(Exhibit K).
f. Past negative work history with the City and/or Failure to pay transaction
privilege and construction taxes
6. PREPARATION OF PROPOSAL
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All information requested on this Bid Proposal must be completed by the Bidder. The Bidder
shall submit all information on the required forms and documents. The information must be
typed or printed in black ink and all numbers shall be in legible numerals. The Bidder must sign
the proposal in black ink in the space provided.
7. SUBAUSSION OF PROPOSAL
This entire Bid document, when read and completed by the Bidder, shall be submitted with the
proposal in a sealed envelope to the Apache Junction City Clerk's office located at 300 East
Superstition Blvd., Apache Junction, Arizona 85119. 'All proposal forms, bond forms, contract
agreement or special conditions shall be attached to this original copy of documents prior to
filing with the City Clerk's office. The envelope shall be plainly marked with the name of the
' 1 project as denoted on the Notice Inviting Bid Proposals and name and address of the Bidder 3
Marked on the outside. When submitted by mail,the scaled proposal marked as indicated above,
should be enclosed in an additional envelope. Proposals submitted by mail should be sent
prepaid first class and certified return receipt requested. However;"failure to do so shall not
disqualify a bid. No proposal will be considered unless received on or before the time and at the
place designated in the advertisement for bids containing the following:
To Be Completed
With Bid
1. Subcontractors List (Exhibit A) Yes
2. Surety Bid Bond Form (Exhibit B) Yes
3. Cost Proposal (Exhibit C) Yes
4. . Similar Service History (Exhibit D) Yes
5. Progress Schedule (Exhibit E) Yes
6. Understanding&Agreement (Exhibit F) Yes i
7. "Certificate of Insurance (Exhibit G) No
8. Payment Bond (Exhibit H) No I
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9. Performance Bond (Exhibit 0 No
10. Contractor Performance Review (Exhibit J) No r
11. Proposed Agreement (Exhibit K) No
S. CONSIDERATION OF PROPOSALS
The contract for this project shall be awarded based on the lowest responsive and responsible
Bidder. The,City s evaluation of the Bid shall be the based on the correct summation of the
prices shown on the cost proposal. Unless otherwise noted, the Bid shall include all labor,
delivery and transportation costs and-all appropriate taxes.
The City reserves the right to waive technicalities or informalities' to reject any or all proposals,
to accept the proposal deemed to be in the best interest of the City, or to reject the bid of any
persons who have not satisfactorily performed under the terms of any prior or current contract
with the City of Apache Junction.
9. PROGRESS SCHEDULE
A preliminary construction schedule indicating a sequence of work from start to finish shall be
submitted with this Bid Proposal on the form Iabeled Exhibit E.
10. AWARD OF CONTRACT PROCESS
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The bid proposal that is.the lowest dollar amount and is the most responsive-and responsible
shall be considered and voted on by the Apache Junction City Council at a regularly scheduled i
Council Hearing within sixty (60) calendar days after the .opening of proposals. Award of
construction contract will occur (or will occur in Council adjusted form) at the next available
Council meeting,usually two weeks after the original Council Hearings.The decision of the City
Council shall be final. Notice of Award to the Successful Bidder shall`be confirmed to all
Bidders by the City. Nothing herein shall be construed to require the City to award a contract.
The City reserves the right to reject all bids.The Successful Bidder agrees to 'each and every term
condition and obligation set forth in Exhibit K. Such terms, conditions, and obligations
thereunder are non-negotiable.
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11. . NOTICE TO PROCEED
The Notice of Award by the City to the Successful Bidder shall serve as the City's acceptance of
the proposal. Notice to Proceed with ordering the materials or equipment and scheduling work
shall be obtained from the City in writing upon execution of the Agreement for construction and
after the pre-construction conference, but in no case longer than ninety(90) days after Contract I
award.
12. BONDS&CERTIFICATES OF INSURANCE I
At the time of execution of the Standard Form of Contract (Exhibit K),,the Successful Bidder
shall furnish a Payment Bond, a Performance Bond and a notarized Certificate of Insurance or a
certified copy of the policy in a form acceptable to the City,to include:
The Contractor, at its own expense, shall purchase and maintain the herein stipulated minimum
insurance with companies duly licensed in the State of Arizona,possessing a current A.M. Best,
Inc. Rating of B++6, or approved unlicensed in the State of Arizona with policies and forms
satisfactory to,the City. I
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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.
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The.Contractor's insurance shall be primary insurance as respect to the City, and any insurance or
self-insurance maintained by the City shall not contribute to it.
1 Any failure to comply with the claim reporting provisions of the insurance policies or any breach
of an insurance policy warranty shall not affect coverage afforded under the insurance policies to
protect the City.
The insurance policies, except Workman's Compensation, shall contain waiver of transfer rights
of recovery (subrogation) against the City, its agents, officers, officials and employees for any
claims arising out of the Contractor's acts, errors,mistakes,omissions,work or services.
The insurance policies may provide coverage which contains deductibles or self-insured
retentions. Such deductible and/or self-insured retentions shall not be applicable with respect to
the coverage provided to the City under such policies. The Contractor shall be solely responsible
for the deductible arid/or self-insured retention and the City, at'its' option, may require the
Contractor to secure payment of such deductibles or self-insured retentions by a Surety Bond or
an irrevocable and unconditional letter of credit.
The City reserves the right to request and to receive within ten (10) working days, certified
copies of any or all of the herein required insurance policies and/or endorsements. The City shall
not be obligated, however, to review same or to advise 'Contractor of any deficiencies in such
policies and endorsements, and such receipt shall not relieve Contractor from, or be deemed a
waiver of the City's right to insist on strict fulfillment of the Contractor's obligations under this
Agreement.
The insurance policies, except Workers' Compensation and Professional Liability, required by
this Agreement, shall name the City, its agent, officers, officials and employees as additional
ninsured parties. t
REQUIRED COVERAGE j
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 $2,000,060 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 provision's of this Agreement which coverage will be at least as broad as i
Insurance Service Office, Inc. Policy Form CG 00011-.093 or any replacement thereof.
Such policy shall contain a severability of interest provision, and shall not contain a sunset
provision or commutation clause,nor any provision which would serve to limit third party action
over claims.
The Commercial General Liability additional insured endorsement shall be at least''as broad as
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the Insurance Service Office Inc.'s Additional Insured, Form CG 20101-185, and shall include
coverage for.Contractor's operations and products and completed operations.
If required by.this Agreement, if the Contractor sublets any part of the work,_ services or
operations, the Contractor shall purchase and maintain, at all times during prosecution of the
work, services or operations under this Agreement, an Owner and the Contractor's Protective
Liability insurance policy for bodily injury and property,damage,, including death, which may
arise in the prosecution of the 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, the.Contractor's
General Liability insurance.
Workers' Compensation
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The Contractor shall carry Workers' Compensation insurance to cover obligations 'imposed by
federal and state statutes having jurisdiction of the Contractor's "employees engaged in the
performance of the work or services; and Employer's Liability insurance of not less than
$100,000 for each accident, $100,000 disease for each employee, and $500,000 disease policy
limit. .
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In case any work is subcontracted, the Contractor will require subcontractor to provide Workers'
Compensation;'nd.Employer's Liability to at least the same extent as required of the Contractor.
Builder's Risk Fire Insurance with Extended Coverage (or Supplemental -Contract),: The
Contractor shall secure adequate insurance to protect itself and the City, against damage to
equipment, "structures or materials from fire and hazards included in extended' coverage
endorsement or.supplemental contract. j
Automobile Public Bodily lniury and Property Damage: The, Contractor shall maintain
automobile public liability insurance in the amount of not less than $1,000,000 for injury to one
person, and $1,000,000 for one accident, and automobile property damage insurance in the
amount.of not less than $1,000,000 for one accident,to protect it from any and all claims arising
from the.use,of the: (a) Contractor's own automobile and truck; (b) hired automobiles and
trucks; (c) automobiles and trucks not owned by the Contractor, in the execution.of the work
included in this contract. Such insurance shall cover the use of automobiles and trucks both on
and off the site of the project.
CERTIFICATE OF INSURANCE
Prior to commencing work or services under the Agreement, Contractor shall furnish the City
with Certificates of Insurance, or formal endorsements as required by Agreement,issued by the
Contractor's insurer(s), as evidence that policies providing the required coverages, conditions
and limits required by this Agreement are in full force and effect."
In the event any insurance policies required by this.Agreement are written on a "claims made"
basis; coverage shall extend for two(2)years past completion and acceptance of the Contractor's
work or services and as evidenced by annual Certificates of Insurance, to be filed with the City
Clerk of the City of Apache Junction, with one copy to be filed with the Apache Junction City
Attorney.,
If a policy does expire during the life of the Agreement, a renewal certificate must be sent to City
Clerk.and a copy to the City Attorney,thirty(30)calendar days prior to the expiration date.
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All Certificates of Insurance shall be identified with bid serial number and title.
13. PERMITS,FEES&LICENSES j
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The Contractor shall secure and pay for all applicable Federal, State, County or local permits and
licenses including a City Business and Privilege License and shall comply with all applicable
Federal, State, County or local laws, ordinances, regulations and safety standards. A City right-
of-way Encroachment permit for this project will be issued to the Contractor at no cost. All
(^1 Subcontractors shall be licensed to do business in the State of Arizona and the City of Apache
Junction and shall also have a Privilege License.
14. INTERPRETATION OF DOCUMENTS
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Where a plan, specification or document appears ambiguous, or where any portion is not frilly
understood, the Contractor shall submit such question in writing to the Public Works Director.
Verbal explanations shall not be binding.
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15. COMPLETION DATE &LIQUIDATED DAMAGES .
Based on a Notice to Proceed date of March 1,2010,this project shall be substantially completed
by May 28,2010.
Failure to complete by, May 28, 2010 to the satisfaction of the Director of Public Works will
cause a loss to the City. Bidder hereby acknowledges that such loss could cause City resulting
damages. Consequently, liquidated damages per M.A.G Table 108 will be deducted from the
final payment for each calendar day the work is incomplete after May 28,2010.
16. INDEMNIFICATIONS
The Contractor shall defend, indemnify and hold harmless the City, its agents, officers, officials
and employees, from and against tortious claims, damages, losses and expenses (including but
not limited to attorneys fees, court costs and the cost of appellate proceedings), relating to,
arising out of, or alleged to have resulted from the acts, errors, mistakes, omissions, work or
services of Contractor, its agents, employees, or any tier of the Contractor's subcontractor or any
other person for whose acts, errors,mistakes, omissions,work or services the Contractor may be
legally liable.
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.
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17. SUBCONTRACTORS
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The Contractor shall list the names, addresses, telephone numbers and name of the principal of
each subcontracting entity or person retained for the project on the form provided (Exhibit "A")
in the Bid Proposal package. All such entities or persons shall be licensed to conduct business in
the State of Arizona and the City of Apache Junction, Arizona. The City reserves the right to
reject the choice of subcontractors.
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18. MEETINGS
After the execution of the Standard Form of Contract, and before commencement of the work,
the Contractor shall attend a pre-construction meeting at City Services Annex, Public Works
office located at 575 East Baseline Avenue (or as instructed) in the City of Apache Junction, and
with all other involved or concerned persons or subcontractors.
19. PERFORMANCE
The Contractor shall assure the City that work will proceed as close to schedule as possible. If n
the Contractor fails to perform any portion of the required work, the City at its discretion, may
issue a stop work order upon 24 hours written notice and terminate the contract. Upon such
termination,the Contractor shall be paid the reasonable value of any completed work in any stage
of the Contract which has been satisfactorily performed. Upon such termination, the Contractor
shall render a final report on its work prior to receipt of final payment.
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20. ISSUING AN UNSATISFACTORY PERFORMANCE APPRAISAL
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The City may perform periodic performance appraisals throughout the life of the contract. The
Contractor shall receive written notice(Exhibit J)of any deficiencies. If the contractor fails or
continues to fail to correct noted deficiencies in performance,The City may terminate the
Contract and pay the Contractor as noted in Section 19 above.
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21. WARRANTIES & GUARANTEES I,
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The Contractor shall warrant that all materials furnished will be new unless otherwise specified
and approved in writing by the City and that all work will be of good quality free from defaults
and defects and shall guarantee all work and materials for a period of one (1) year from the date
of acceptance of the project. Should any portion of the work need replacement or repair due to
construction methods or materials failure,the Contractor shall replace such work at no cost to the
City. If the Contractor fails within a reasonable time to replace or repair any portion of the work
deemed to be needed,the City may cause said work to be done and the Contractor agrees to pay
all costs incurred therefore.
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22. PREVAILING WAGE
The rate of wage for all persons employed by the Contractor or any Subcontractor on the project
shall not be less than the prevailing rate of wages for work of a similar nature in the City, as
required by State or Federal law.
23. UTILITY LOCATIONS j
The Contractor is responsible for coordinating with private utilities and Blue Stake I
602-263-1100 for all utility locations.
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24. ACCEPTANCE OF PROJECT
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Upon receipt of notice from the Contractor that the project has been completed and is ready for
final inspection and acceptance, the Director of Public Works or appointed representative shall
make such inspections, and when found acceptable according to the plans and specifications,
shall issue a final inspection report. The project shall not be acceptable nor shall final payment ;
be made or become due until all lien waivers and other appropriate releases have been received
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and approved by the City, and all inspection report test results, certifications, and as-built record
drawings have been received and approved by the City.
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25. CERTIFICATION j
All subcontractors retained by the contractor and testing entities retained by the City shall each
provide letters of certification confirming that'all construction was done or performed in
accordance with the project plans and specifications.
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n 26. PAYMENT j
The final contract sum shall be the total amount due to the Contractor as determined by the Cost
Proposal (Exhibit C) plus authorized adjustments, less any damages incurred due to the
Contractor's failure to duly conform to the requirements herein and less any previous payments.
Monthly progress payments may be paid after the presentation of the Contractor's request for j
payment, within thirty (30) calendar days after approval by the Director of Public Works, City €
Manager and City Finance Director. Partial payments shall be reduced by 10%for retention until
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final acceptance of the work. Final payment will be made by the City only after Final Inspection
and Acceptance of the work. Payments will be by check.
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27. COMPLIANCE
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All work shall comply with all applicable City, County and State laws. Additionally,work shall j
be done and performed in accordance with the attached documents, all improvement plans as
well as specifications, addendum and change orders. Records shall be retained and made
accessible to the City for a period of 18 months after Final Acceptance.
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28. CALCULATIONS OF QUANTITIES
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The Contractor shall confirm quantities as shown on Exhibit C. After the bid opening, the City
will compare quantities and cost proposals to other bidders and the Engineer's estimate. The
City may require clarification of large discrepancies.
29. IMPROVEMENTS
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Improvements shall be those shown on the plans or modified by change orders. i
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30. CONSTRUCTION STAKING
The Contractor will be responsible for all construction staking.
31. CONSTRUCTION TESTING
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The Contractor will provide construction testing for compaction and strength of all materials in
accordance with Maricopa Association of Governments (MAG) Standard Specifications and the I
Special Provisions.
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The Contractor shall also be responsible for scheduling inspections with the City Engineer,or his
representative at 480-982-1055. Inspection requests require 24 hours in advance notice— call
Josh Warren at 480-682-7259.
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32. TRAFFIC CONTROL
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The Contractor shall be responsible for the safe flow of two-way traffic through the construction
site at all times, and shall comply with the procedures outlined in the Traffic Barricade Manual
on file in the office of the City's Public Works Department. All control devices shall be
furnished by the Contractor. Residential driveway access must be accommodated for the
convenience of each property owner. Contractor shall hand-deliver written notification of
impending construction to all affected residents and businesses 48 hours prior to start of work.
The Contractor shall submit a traffic and barricading plan to the Engineer. This plan shall be
available for review at the pre-construction conference.
33. CITY SALES TAX
The City of Apache Junction taxes gross income received by a construction contractor within the
City. The current City sales tax rate is 2.2 %. A city sales tax of 2.2 % is charged on materials,
purchased within the City limits, and shall be included in the bid price. All contracting gross i
income subject to the tax shall be allowed a deduction of thirty-five per cent(35%). For further
information, contact the City's Business License Clerk,at 480-671-5070. ;
Gross income derived from acting as a subcontractor shall be exempt. To qualify as a
Subcontractor,the following must be met:
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1. The prime construction Contractor has provided the Subcontractor with a written
declaration that it is liable for the tax on the project and provides the Subcontractor both
its Arizona Transaction Privilege License number and City Privilege License number.
2. An owner-builder provides the Subcontractor with a written declaration that:
a) owner-builder is improving the property for sale; and
b) owner-builder is liable for the tax; and
c) owner-builder provides both Arizona and City Privilege License j
number.
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Taxes upon construction shall be reported on either a progressive billing(accrual)basis or
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cash receipts basis. Such option must be communicated by submittal in writing to City at
the pre-construction meeting. l 1
34. COMPLIANCE WITH FEDERAL AND STATE LAWS
The Contractor understands and acknowledges the applicability to it of the American with
Disabilities Act,the Immigration Reform and Control Act of 1986 and the 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". I
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Under the provisions of A.R.S. § 41-4401,Contractor hereby warrants to the City that the
Contractor and each of its Subcontractors will comply with,and are contractually obligated to
comply with, all Federal Immigration laws and regulations that relate to their employees and
A.R.S. § 23-214(A)(hereinafter"Contractor Immigration Warranty").
A breach of the Contractor Immigration Warranty shall constitute a material breach of this
Contract and shall subject the Contractor to penalties up to and including termination of this
Contract at the sole discretion of the City.
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The City retains the legal right to inspect the papers of any Contractor or Subcontractors
employee who works on this Contract to ensure that the Contractor or Subcontractor is ,
complying with the Contractor Immigration Warranty. Contractor agrees to assist the City.in
regard to any such inspections.
The City may,at its sole discretion, conduct random verification of the employment records of
the Contractor and any of subcontractors to ensure compliance with Contractor's Immigration
Warranty. Contractor agrees to assist the City in regard to any random verifications performed.
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Neither the Contractor nor any of Subcontractor shall be deemed to have materially breached the
Contractor Immigration Warranty if the Contractor or Subcontractor establishes that it has
complied with the employment verification provisions prescribed by Sections 274A and 274B of t
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.
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SPECIAL PROVISIONS
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DELAWARE DRIVE IMPROVEMENTS
APACHE TRAIL TO SUPERSTITION BOULEVARD
PROJECT NO.PW2009-03
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GENERAL REQUIREMENTS
CONTRACT STANDARD SPECIFICATIONS AND DRAWINGS:
The following referenced Standard Specifications and Standard Drawings in the contract documents are
required for construction of this project:
Maricopa Association of Governments Uniform Standard Specifications for Public Works
Construction, 1998 Arizona (Includes Revisions Through 2009)
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Maricopa Association of Governments Uniform Standard Details for Public Works Construction,
1998 Arizona(Includes Revisions Through 2009)
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City of Apache Junction Engineering Design Guidelines and Policies Manual, November 2006
City of Apache Junction Traffic Barricade Manual,August 1986
Manual of Uniform Traffic Control Devices, Latest Edition j
PROGRESS MEETINGS:
The Contractor shall schedule and administer progress meetings,construction foreman's meetings and
specially called meetings throughout progress of the work.Attendees representing the Contractor,
subcontractors and suppliers at such meetings shall be authorized to act on behalf of the entity each
represents. The Contractor shall:
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1. Make physical arrangements for meetings
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2. Preside at meetings
3. Distribute written notice of specially called meetings a minimum of 1 working day in advance
4. Record minutes including significant decisions and proceedings
5. Prepare formal minutes and distribute copies within 3 working days to parties at or affected by
such meeting I
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SCOPE OF WORK
The scope of this project is to reconstruct the paved road surface(remove existing asphalt roadway,
install new asphalt roadway)and other related construction associated with completing improvements on
Delaware Drive from Apache Trail to Superstition Boulevard. '
Contractor to coordinate with Public Works Department to install Signing and Striping. i
The Contractor will be responsible for the cost of testing soil compaction,base course, concrete and
asphalt on all construction items identified on the plans as provided by Contractor.
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The Contractor shall be responsible for the protection,adjustment and coordinating the relocation of any
utility encountered during excavation,rough grading and staking of forms throughout the construction of
the project.Establishing all lines and grades necessary for Contractor work shall be the responsibility of.
the Contractor to stake,protect and verify for conformance to the contract documents.
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Miscellaneous items of work such as:sub-grade preparation,fine grading, soil compaction,water
supply,grading alleys,testing, clean-up,mobilization,etc.not paid for under separate line items in the 1
bid schedule,but necessary to complete the project in a workmanship manner,shall be included into the }
line items provided in the bid schedule. Miscellaneous items listed above may not be all-inclusive.
PROGRESS OF WORK I
The City anticipates issuing Notice to Proceed for March 1,2010,Contractor shall adhere to Progress
Schedule provided on Exhibit E. Any deviations from this schedule shall be communicated to the City.
CONSTRUCTION TIME
The construction with clean-up work shall be completed within 90 calendar days after the Notice to
Proceed date.
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THE FOLLOWING MAG SECTIONS ARE HEREBY MODIFIED TO INCLUDE:
MAG Section 107 Legal Regulations and Responsibility To Public
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Section 108.5 Limitations of Operations:
No construction activities involving vehicles or manually operated equipment with excessive noise will
be allowed between the hours of 6:00 PM to 6:00 AM.
MAG Section 201 Clearing and Grubbing
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Section 210.2 Imported Borrow:
No source of borrow material has been designated for this project.The Contractor shall locate and secure
all approvals at the source and for transport of borrow materials. E
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n Section 210.4 Measurement& Section 210.5 Payment: f
Borrow will NOT be measured for payment.It is considered incidental to project.
MAG Section 340 Concrete Curb, Gutter,Sidewalk,Sidewalk Ramps,Driveway and Valley
Gutter
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Section 340.3 Construction Methods:
The Contractor shall do Sawcutting needed to match existing asphalt and repair damage to areas not
shown to receive improvements on the plans caused by the Contractor's operations. Sawcutting will not i
be measured for payment.Payment is considered incidental to project.
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MAG Section 345 Adjusting Frames,Valve Boxes and Water Meter Boxes
Section 345.2 Adjusting Frames:
Prior to disturbing any valve box during grading work,the Contractor shall identify any broken or
damaged box to the Engineer.All boxes rejected by the Engineer as unacceptable for reuse shall be
replaced by the appropriate utility at no cost to the Contractor. Grade adjustments will be made by the E
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Contractor.The Contractor at no cost to the City shall replace boxes damaged by the Contractor's
operations. The Contractor is responsible for tieing all valve boxes and manholes in the project area and
creating a list of these ties for future locating. This list of valve and manhole ties shall be provided to
the City at no cost.
Frames,covers,valve boxes and manholes within public right-of-way pavement shall be lowered to I
NOT higher than subgrade,plated and the ABC and AC constructed. After the AC is placed,the AC
shall be sawcut and lowered frames, covers and manholes shall be adjusted to grade and concrete
collared per Apache Junction Standard Detail AJ-422 for manholes and MAG Standard Detail 391.1 for
valves. i
MAG Section 350 Removal of Existing Improvements
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Section 350.1 Description: f
The Contractor shall cut the existing pavement to the approximate lines shown on the plans adequate to
perform his work.Existing asphalt pavement required to be removed for construction,shall be removed
and disposed of by the Contractor to the line established by the Contractor.
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MAG Section 401 Traffic Control E.
Section 401.1 Description
Add: The Contractor shall provide proper traffic control devices during their respective progress of the
work to protect motorists,pedestrians,bicyclists and their items of work. The Contractor must ensure all
areas under construction are adequately protected.
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MAG Section 424 Parkway Grading
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Section 424.3B Fine Grading
A uniform slope from 5'behind the edge of asphalt shall not exceed 4:1. Slopes greater than 4:1 shall be.
flattened by extending parkway grading beyond 5'as needed to achieve the 4:1 maximum.No additional
measurement or compensation will be made to the Contractor for this field alteration.
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EXHIBIT A j
SUB-CONTRACTOR'S LIST
PROJECT NO.PW 2009-03
(Complete and return with Bid Proposal)
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Sub-Contractor#1 Sub-Contractor#2 j
Trade: HILUWZ- Trade: APPiTt`�NTS __ I
Name of Firm: WSP. 1NC. Name of Firm: QFWALry CCNPANtES GROUP
Address: 228 22. N• M141 AVE. Address: 27223 M tbil! S7R6-7—
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PHOENIX , Al 850277 PHOENIX , AX IR"7-
Telephone: b- 14y—soso Telephone:L6Z3�58Z—Z3KS
Principal:&ian Ga Tumor Principal: e27e M i z i0c:1h i
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Sub-Contractor#3 Sub-Contractor#4
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Trade: Trade: j
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Name of Firm: Name of Firm:
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Address: Address:
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Telephone: Telephone:
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Principal: Principal: s
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Sub-Contractor 45 Sub-Contractor#6 r
Trade: Trade:
Name of Firm: Name of Firm:
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Address: Address:
Telephone: Telephone:
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Principal: Principal:
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EXHIBIT B
SURETY BID BOND
PROJECT INTO.PW 2009-03 t
KNOW ALL MEN BY TI ESE PRESENT:
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That tive, M.R.Tanner Development&Construction,Inc. as Principal,(liereinafter called tlre.
.Principal),and the Safeco Insurance Company of America a co►npany.1corporation.holding a certificate of
authority.fo.transact surety business in the State of Arizona as issued by the Director of the Departinenr of Insurance.
pursuanf.to Title 20;Chapter.2,Article 1 as Surety,(hereafter called the Surety).are.lic.ld acid:firmly bound unto the ( )
City of Apaabe function as Obligee, in the suns of ten percent (10%).of die'total amount of the bid of Principal;
submitted by,him to the City,of Apache Junction for the work described below,for the payment"of which sum, will
and truly to be Made, the said Principal and the said Suret;•, bind ourselves;.aur heirs, executors, administrators,
successors arid assigns,jointly and severally,.fimtl'by these'presents,and i.ri conformance with.A.R.S.
WHEREAS,the said Principal is herewith submitting its proposal for: Delaware Drive Improvements Apache Trail to
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Superstition Boulevard.Project No.PIN 2009-03.
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NOW, THEREFORE,if the Obligee sliall accept the proposal of the Principal and the Principal shall enter into a
contract with the Obligee in accordance with the terms of the: proposal and.give the bonds and certificates of
insutauce as specified in the standard speci:fteations With good and sufficibnt surety for the.faithful performance of �
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the contract and for the pranipt pay[uent o:f labor and inateiials furnished in the prosecution of(lie contract or in the
event'of the failure of the-Principal to enter into the:contract and give the bonds and.certificates of insurance;if the
Priticiipal pays to the Obligee the difference not to exceed the..pent lty of the bond between the arirotint specified in
the.proposal and such larger amount for which.the Obligee may in good faith contract with another party to p.erf -n
the:wbrk.00vered,by the proposal then this obligation is void. Otherwise it remains itr:titll.'force Arid effect provided
However,that this.bond is executed pursuant10 the provisions of Section 34 201;Arizona:Revised Statutes, and all
liabitities on this Bond shall.be determined in accordance with the provisions of the section to the extent as.if it�Vere
copied at length herein.
Signed and'sealed this 30th day of December A.D..20 09
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M.R.Tanner evelopment&Construction,Inc.
Principal
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4�tness: i
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Safeco Insurance Company of America
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Stirety
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Dori...zl A h •-1' - 1
.�2n5 n,rat^v:�2r It"1� T ItIG.
Witness: V
Brandy L.Baich !
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Safeco Insurance Company of America
General Insurance Company of America
i . I POWER_` 1001 ath Avenue
OF ATTORNEY suite 1700
' € Seattle,WA 98154
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KNOW ALL BY THESE PRESENTS:
No. 7646
That SAFECO INSURANCE COMPANY OF AMERICA'a_rid GENERAL INSURANCE COMPANYOF AMERICA, each a
Washington corporation,does each hereby appoint
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w 'ETHAN BAKER;BRANDY L.BAICH;MARYANN CARAFELLO;TERRY CRULL;DAVID G.JENSEN;Phoenix,Arizona"
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its true and!awful attorney(s)in-fact,with full authority to execute on its behalf fidelity and surety bonds or undertakings and other
documents of a similar character issued in the course of its business,and to bind the respective company thereby.
IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE_ COMPANY OF
AMERICA have each executed and attested these presents '
26th March 2009
this day of t
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Dexter R Leoa,Secretary Timothy A.Mikolalewski Vice President
CERTIFICATE
Extract from the By-Laws of SAFECO INSURANCE COMPANY OF AMERICA
and of GENERAL INSURANCE COMPANY OF AMERICA:
"Article V;Section 13.-FIDELITY AND SURETY BONDS._-the President,any Vice President,the Secretary,and any Assistant Vice
President appointed for that purpose by the officer in charge of surety operations,.shall each have authority to appoint individuals as 1
attorneys-in-fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and
other documents of similar character issued by the company in the course of its business...On any instrument making or evidencing
such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or i
undertaking of the.,company, the seal,or a facsimile thereof;may be impressed or affixed or in any other manner reproduced;
provided,however,that the seal shall not be necessary to the validity of any such instrument or undertaking!
Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA
and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28,1970.
"On any certificate executed by the Secretary or an assistant secretary of the Company setting out,
(i) The provisions of Article V,Section 13 of the By-Laws,and
00 A copy of the power-of-attorney appointment,executed pursuant thereto,and-
(iii) Certifying that said power-of-attorney appointment is in full force and effect,
the signature of the certifying officer may be by facsimile,and the seal of the Company may be a facsimile thereof."
I,Dexter R.Legg ,Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY !
OF AMERICA,do hereby certify that the foregoing extracts of the By-Laws and of a Resolution of the Board of Directors of these
corporations,and of a Power of Attorney issued pursuant thereto,are true and correct,and that both the By-Laws,the Resolution and the
Power of Attorney are stiff in full force and effect.
IN WITNESS WHEREOF,I have hereunto set my hand and affixed the facsimile seal of said corporation
this 30th day of December 2009-
Lo
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Dexter R.Legg,Secretary
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EXHIBIT C j
COST PROPOSAL
DELAWARE DRIVE IMPROVEMENTS
APACHE TRAEL TO SUPERSTITION BOULEVARD
PROJECT NO.PW 2009-03
FIRM: .M.R.TANNER. DEUEIopr4ENr ANa cot4sMUcr(oK5 , iNc.
ADDRESS: ISZ7 W ST SAN r-6DR0 ZpMr P'
TELEPHONE: 1480�63-9-BSoo Fax (4901633-g 11 l 4 J
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BASE BID
UNIT TOTAL
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ITEM DESCRIPTION QUANTITY UNIT PRICE* COST i
...........
..........._...-. .`"._..- ..._.�.. .. S_..u.y i....,.....,.M'l.i__...___f..i�.•St............:R5..4..S...S.f.L.....x..i.:M:::„:�C:.:.....::::�nw••:�::::..._..t.
1 Sawcut and CIean Joint per MAG Std.Specs 601. 1,830 LF O 1,09 oa
2 Remove Existing Asphalt&Base Material&Dispose 6,401 SY $
ISubgrade Preparation and Compaction per MAG $
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3 6,530
Spec.301. SY
4 Construct 8"Aggregate Base per MAG Specs 702. 6,530 SY b50
5 Slurry Storm Drain Pipe 1 LS 1,200
$
1. ao
6 Adjust Water Meter to Grade per Arizona Water
ea+
Company Specifications 1 EA y oo $ is
7 JAdjust Manhole to Grade 6 EA $ l •.:
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8 Traffic Control per City of AJ&MUTCD I LS j 1 9-1 °o $ 11, J oI71
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*Above Unit Prices are for Purposes of Calculating cost of extra work only.
TOTAL BASE LUMP SUM BID $ 1, 6 o®
EIGKtY Si:UO3TlI0 AIJ13i, NY, AUNDOM MLL414 ZEI0 CONIS j
Total Base Lump Sum Bid in Words I
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. - #- ---- -. - _ _._ Date
ignature
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BID ALTERNATIVE
Alt 1 3-3/4"Asphalt Pavement, 1-1/2"(A-12.5)Surface
! 1 Course and 2-1/4"(A-19)Base Course per MAG Sec. '6,530 SY ��,5� $ g l 1625 00 j
710. €
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BID ALTERNATIVE LUMP SUM $ $( 6 zis
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la16AlY age yomun1b, SI)LwnbPm lbzmyy ftuE OoUsa AN b U- w- CM tc
Total Alternative Lump Sum Bid in Words
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Date 11412,10
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Signature
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Print
Name ,laS14 SKINNOL Title E3TIPlAToR
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EXHIBIT D
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SIMILAR SERVICE HISTORY
PROJECT NO.PW 2009-03
Each Bidder shall submit a list of at least three(3) customers including name, address, contact person and
telephone number for whom he has similar work has been completed in the last twelve(12)months and shall
include a short description and location of work using this form.
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1. Customer: - CITY OF PHOENIX
Name of Agency or Firm
1034 E MAbt.stiN sr , Pw"(K , Ay 2703y
Address !
(W-Q lob-04q6 MUM AP"I 9
Telephone Contact Person
Short Description of Work: &j3%6RAM pggMpATroM Amp PAVtM&oE jxzp poAoD .
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NOCON, . A* :TANUAP-Y 2009—AYAZT2009 zoo,000 +
Location Start&Complete Date Cost 1
2. Customer: _crry of CHAND(ER i
Name of Agency or Firm {
Z41 E GH ICAGb�T EI`, CRANo(j---tz, A- 4szz S
Address
Lg30)-r8Z-3443 F-59 HAVMAN I
Telephone Contact Person
Short Description of Work: MILL AND OUISMAY STU -n Of C}1ARUDjr-;L j
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C�DL92, A?, MAW4-AMSr M4 q.v MtutON
'Location Start&Complete Date Cost
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3. Customer: P(LI.iE HOMES
Name of Agency or Firm
1610 P4MT14 PMHeMIZ pouf wits io® scbnsDa(E,}t� gtZbb
Address
(4901zZ6-mf. iobq StHNElp�rG
Telephone Contact Person
Short Description of Work: suwrW
M PRIPAptLTio*f , ABC AA1A PAVW(<
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,'ooHAK RDAD -TUN E• ?ME --7ANt1r1RY 200� ` 2 1 N►wtary
Location Start&Complete Date Cost
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EXHIBIT E
PROGRESS SCHEDULE
DELAWARE DRIVE IMPROVEMENTS
APACHE TRAIL TO SUPERSTITION BOULEVARD
PROJECT NO.PW 2009-03
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ACTIVITY ANTICIPATED
START DATE
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MOBILIZATION
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BEGIN WORK Mu, Ac.Ago A3c .3(1120(0
SURGRAbE P PAR+0.�1oN 3�3�20(0
piMCE Al3c 319 jZoto
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FINIS14 ABC 3112 IZo10
SwRav BactoFlw STc w ivRAtN 3 1$ 17.010
PLAcs A . 312 Z(ZO I O
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ADIMMENTS 3 JZ3 lzo10 z
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COMPLETION
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EXHIBIT F
UNDERSTANDING AND AGREEMENT
PROJECT PW 2009-03
(Complete and return with bid packet)
PROPOSAL TO THE CITYS ENGINEER OR DIRECTOR OF PUBLIC WORKS OF THE CITY OF APACHE
JUNCTION,ARIZONA:
In compliance with the advertisement for bids, and having examined these contract documents, site work
and being familiar with the conditions to be met we hereby submit the he following proposal for furnishing the
materials, equipment, labor and provide everything necessary for the completion of the work listed. We
further agree to execute the contract documents and furnish the required bonds and certificates of insurance
for the completion of said work at the location specified and for the prices set forth on these inside pages and all l
applicable taxes amounting to $ E16H(1� T1 (}lpufdNb StX 'E }NNO@EA OciL�RS �3(341E�lDl
(Dollars),all inclusive. i
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We understand that construction for this project shall be in accordance with the PIans and Specifications and
shall be in compliance with all applicable Local, State, Federal and the City's codes and other requirements,
except as otherwise required by the project plans and special provisions.
We understand that this proposal shalt be submitted with a proposal guarantee of cash, certified check, I
cashier's check or surety bond for an amount of not less than ten(10%) percent of the amount bid. We agree
that upon receipt of notice of award from the City,we will enter into the Standard Form of Contract, individual
Agreement,all terms which we have reviewed and will abide by as set forth in Exhibit J.
WE HEREBY ACKNOWLEDGE receipt of and confirm this proposal is based on the following addenda:
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This proposal is submitted by M•R-TAN145A DnWSoPM&MAND com$ ucr ar-a, Im a corporation j
organized under the laws of the State of ARMON& ;a partnership
consisting of ;or an individual
trading such as
and is the holder
of Arizona State Contractor's License No. [(lS'i6
Classification: A—GeraemL pdGtntEF2lnlf.
Respectfully submitted by: M.12•TANr gg bsuEWPMi9yr AND coMT1Zucrloj ,INC
Firm
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13ZT Wor sAn4 pogo stlzcer 1zr AR 0801633 QSoLS
Mailing Address City State Phone f
Off, /Title
ATTEST:
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EXHIBIT G
CITY OF APACHE JUNCTION
CERTIFICATE OF INSURANCE
PROJECT NO.2009-03
The certifies that the following insurance policies have been issued on
behalf of:
NAME OF INSURED:
ADDRESS OF INSURED:
............................. ..........................
...................................
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eb-Y p ::%::. :
pq; .117...................................... . .......... ............
ancq..
..............
............... .................
.......... 7 N............
. .............. ... ....... ........... .............
............
........... ..........
X. .............................
500,000-
..............
..................
.............
.-....... ..........................................
...........................
Each Disease,
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2.
..........
. ................
......... ....................... ............
2j-
...........
............................
..................
'd
...............................
.......... -.rbducts/Cqin0l(ft;V:;;:-
......................... ......................
............................
. .............................. ............ .......
..............
............. . ...... ..............
........... Pgra.19P Z ...i............
... ................ ....... ..............
...........
......................
............................ ............................
* '" t
............................... Z.V0.0.000-'G
........................ .. ............. ..................
.............. ............ .............
..........
....................
0.Q-0.........................
...........
'd v. ".. -- .:.:%.
0 0-*.E46�;�:��--:.J.......
dritrab 136 . ......
..............
............. ..................
.......................................... ............. ..........
................
..............
...........
P ..........
....... . ............. .......... ...... .
..............................
...............................
................ . . . ..........
4. Automobile 0 1
Each
.....................
......... .........
rence
.. .......... ...................................................
.................................
......................
....... ................
.................
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 function City Clerk and City Attorney not less than thirty(30)days prior to expiration date. This
Certificate is not valid unless countersigned by an authorized representative of the Insurance Company.
The Certificate of Insurance-must also provide that the City, its officers, employees and agents are
additional insured parties.
Date: Countersigned by:
Title:
SUBSCRIBED AND SWORN TO before me this day of 20
by as Insurer.
Notary Public My Commission Expires:
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EXHIBIT H
STATUTORY PAYMENT BOND PURSUANT TO TITLE 34,
CHAPTER 2,ARTICLE 2,OF THE ARIZONA REVISED STATUTES
(Penalty of this Bond MUST be 100% of the Contract Amount)
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KNOW ALL MEN BY THESE PRESENTS:
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That, j
hereinafter called the Principal),as Princi al and i
( p ,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 j
Dollars($ ),for the payment whereof,the said Principal and Surety i
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 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: i
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
n 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. i
The prevailing party in a suit on this bond shall recover as part of the judgment reasonable attorney fees as may be t
fixed by the judge of the court.
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Witness our hand this_day of ,20_ I
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PRINCIPAL SEAL
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AGENCY OF RECORD
AGENCY A nnDE7QQ CTTD 7yTV SEAL
1/JY VV V URE 1 1
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BY:
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EXHIBIT I
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:
f J
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.
G
WHEREAS,the Principal has entered into a certain written contract with the Obligee,dated_day of f
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, i
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.
i 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 j
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By:
AGENCY OF RECORD
AGENCY ADDRESS SURETY
BY:
ATTORNEY IN FACT
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EXHIBIT J
Contractor PERFORMANCE REVIEW
Project Name: Project Number:
Construction Firm: Project Manager/Engineer:
Bid Amount: $ Final Construction Cost:$
Notice to Proceed Date: 'Accepted Date:
Pre-Const.Date: Final Review:
CRITERIA 5=excellent, 0=poor)
1. Schedule(0-5 points)
• Meeting Interim Milestones
• -Reliability and Conscientiousness i
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• Staying on Schedule Despite Problems
• Responsiveness to Technical Directions
• Completion-of Work on Time,Including Close-out
2. Quality(0-5 points)
• Quality and Completeness of Work
• Compliance with Contract Requirements
• Accuracy of Reports/Plans/Calculations I
• Appropriateness of Personnel Assigned
• Technical Expertise
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3. Problem Resolution(0-5 points)
• Proactively Anticipates,and Mitigates Problems i
• Satisfactorily Resolves Problems
• Prompt notification of Problems i
• Remains Objective j
• Effective Construction Recommended Solutions
4. Customer Service(0-5 points)
• Understanding and commitment to Project Goals
• Team Approach with the Engineer/Inspector
• Positive Engineer/Inspector Feedback
• Prompt Responses to Engineer/Inspector Requests i
• Courteous Interactions
• Creative Service Strategies
5. Project Administration(0-5 points)
• Within Budget
• Workmanship
• Change Orders e
• Competent Subs used Score: c )
RATING
Circle One EXCELLENT GOOD SATISFACTORY UNSATISFACTORY j
Performance (25-23) (22-18) (17-13)
Comments:
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Prepared b : i
P Y Title: Date:
Reviewed by: Title: Date:
Contractor/CONSTRUCTION PROJECT MANAGER ACKNOWLEDGEMENT I
Comments: j
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Acknowledged by: Title: Date:
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pache jundion
Home of'Me .Supei sfition Al ors itain s
8 Print
TO: City Manager's Office
FROM: Steve Filipowicz, Econ Dev Dir.
DATE: February 1, 2010
Agenda Type : Work Session Agenda
Council Priority Focus Area: Economic Development
TITLE OF AGENDA ITEM:
DISCUSSION ON CITY-HOSTED PUBLIC FORUM UPDATING ECONOMIC DEVELOPMENT RELATED TOPICS.
ACTION REQUESTED:
Presentation and Discussion
DISCUSSION/BACKGROUND INFORMATION:
Council Member Jeff Serdy has raised the issue of the City hosting a public forum event to update residents on economic
development related topics.
FISCAL IMPACT:
OPTIONS/ALTERNATIVES:
n RECOMMENDATION:
Staff is seeking direction from Council for this item at the February 2, 2010 Council meeting.
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ATTACHMENTS:
Click to download
❑ Staff Report
THERE IS ADDITIONAL
INFORMATION ON THIS ITEM
IN THE REGULAR MEETING
SECTION UNDER ITEM
g Print
TO: City Manager's Office
FROM: James W. Hazel, Presiding Judge
DATE: February 1, 2010
Agenda Type : Work Session Agenda
Council Priority Focus Area:
TITLE OF AGENDA ITEM:
PRESENTATION AND DISCUSSION ON ORDINANCE NO. 1357, ADDING NEW SUBSECTION (K) TO APACHE
JUNCTION CITY CODE, VOL. I, CHAPTER 4, FEES, ARTICLE 4-8, SECTION 4-8-1.
ACTION REQUESTED:
DISCUSSION/BACKGROUND INFORMATION:
Ordinance No. 1357 will enact: 1) a new municipal court supervised probation fee of$65 for individuals who are qualified and
placed on supervised probation; 2) a court monitoring fee of$50; 3) a court verification fee of$50 for completion of court-
ordered education, treatment and/or counseling; and 4) a$15 failure to appear fee for missed appointments with the court
compliance officer. These fees are needed to offset the expenses for a court compliance officer which will in large part be
paid for through a federal grant. The grant pays for the first two years of the employment related expenses, but year three
must be provided by the City through the above-noted court fees.
FISCAL IMPACT:
.nOPTIONS/ALTERNATIVES.
RECOMMENDATION:
ATTACHMENTS:
Click to download
D Ordinance No. 1357
D Cover memo Probation Fees
ORDINANCE NO. 1357
AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF
APACHE JUNCTION, ARIZONA, AMENDING VOLUME I OF THE APACHE
JUNCTION CITY CODE, CHAPTER 4, FEES, ARTICLE 4-8,
MUNICIPAL COURT FEE SCHEDULE SECTION 4-8-1 PROBATION
FEES, BY ADDING A NEW SUBSECTION (K) CREATING A NEW
PROBATION FEE.
WHEREAS, the City of Apache Junction administers programs and
services within the municipal court; and
WHEREAS, the cost of administering such programs and services
and prosecuting violators who benefit from these programs and
services is a substantial burden on the court and the prosecuting
unit of the City Attorney' s Office; and
WHEREAS, in sentencing misdemeanors, the court has discretion
to place misdemeanants on probation; and
WHEREAS, A.R.S. § 22-404 (E) allows the Mayor and City Council
to set municipal court fees for court programs and services
resulting from misdemeanor convictions; and
WHEREAS, A.R.S. § 9-240 (B) (29) allows the Mayor and City
Council to provide the manner. of prosecution and define the
punishment for violations of such laws; and
WHEREAS, A.R.S. § 13-901 (A) allows municipal courts to assess
a monthly probation fee of at least $50.00 in supervised probation
cases; and
WHEREAS, the Mayor and City Council accepted $138, 774 . 00 in
federal stimulus funds under the American Recovery and Reinvestment ^
Act of 2009 Edward Byrne Memorial Competition, through passage of ( 1
Resolution No. 09-13 approving application for such funds (State
Contract Award No. 2009-SC-B9-0107; and
WHEREAS, these funds will pay for a court compliance officer
for three years; and
WHEREAS, a portion of the third year is anticipated to be paid
out of probation fees which are collected from individuals placed
on probation; and
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL
OF THE CITY OF APACHE JUNCTION, ARIZONA, AS FOLLOWS:
ORDINANCE NO. 1357
PAGE 1 OF 3
SECTION I IN GENERAL
1. That Apache Junction City Code Vol I, Chapter 4, Fees,
Article 4-8, Municipal Court, Fee Schedule, be amended by
adding new subsection (K) to Section 4-8-1, Probation Fees,
to read as follows:
K) Probation Fees
1) Any person accepting probation and ordered to be
screened for probation qualification shall pay the
cost of such screening which if done by the Apache
Junction Municipal Court probation monitor, shall
be a fee of sixty-five dollars ($65 .00) .
2) The Municipal Court shall assess each defendant
placed on court-monitored probation a monitoring
fee of fifty dollars ($50 . 00) a month and shall
assess defendants ordered to complete education,
treatment and/or counseling a verification fee of
fifty dollars ($50 . 00) .
3) Any person, after accepting the terms of
probation, who fails to appear at the time and
place set by the probation officer for an
appointment with a probation officer shall be
assessed a missed appointment fee in the amount of
fifteen dollars ($15 . 00) .
4) A separate collection account will be established
by the City Finance Department to accrue fees paid
under this section.
SECTION II REPEALING ANY CONFLICTING ORDINANCES
All ordinances and parts of ordinances in conflict with the
provisions of this ordinance or any part of the codes adopted
herein by reference are hereby repealed.
SECTION III PROVIDING FOR SEVERABILITY
If any section, subsection, sentence, phrase, clause or portion of
this ordinance or any part of the codes or regulations adopted
herein by reference is for any reason held to be invalid or
ORDINANCE NO. 1357
PAGE 2 OF 3
unconstitutional by the decision of any court of competent
jurisdiction, such decision shall not affect the validity of the
remaining portions thereof.
PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
APACHE JUNCTION, ARIZONA, THIS DAY OF ,
2010 .
SIGNED AND ATTESTED TO THIS DAY OF 2010.
JOHN S. INSALACO
Mayor
ATTEST:
KATHLEEN CONNELLY
City Clerk
APPROVED AS TO FORM:
RICHARD J. STERN
City Attorney
ORDINANCE NO. 1357
PAGE 3 OF 3
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To: Mayor, City Council and City Manager
From: James Hazel, Presiding Magistrate
Date: February 1, 2010
Subject: Probation service fee
As you are aware, the Apache Junction Municipal Court was awarded a federal stimulus
grant to fund a court compliance officer. The court is now in the process of hiring for
that position. As I explained to council previously, the goal is to financially support year
three of the grant from fees paid by those placed on probation.
The proposed ordinance below creates the authority to charge probation service fees.
These fees are necessary to avoid the use of any general fund revenues to support the
program.
If you have any questions about this report, please do not hesitate to contact me.
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TO: City Manager's Office
FROM: Jerald Monahan, Director of Public Safety
DATE: February 1,2010
Agenda Type : Work Session Agenda
Council Priority Focus Area:
TITLE OF AGENDA ITEM:
CONSIDERATION AND DISCUSSION ON RESOLUTION NO. 09-58, APPROVING AN INTERGOVERNMENTAL
AGREEMENT WITH PINAL COUNTY FOR REIMBURSEMENT OF OVERTIME AND.EMPLOYMENT RELATED EXPENSES
INCURRED DUE TO PINAL COUNTY LOCAL LAW ENFORCEMENT AGENCY PARTICIPATION IN THE GOVERNOR'S
OFFICE OF HIGHWAY SAFETY CONTRACT NO. 2010-410-024 FOR THE HIGH VISIBILITY IMPAIRED DRIVING
ENFORCEMENT PROGRAM.
ACTION REQUESTED:
DISCUSSION/BACKGROUND INFORMATION:
Last year the City participated in a DUI Task Force Program which was funded by the State which allowed for overtime and
employment related expenses to be reimbursed in the amount of$65,000.This year a similar arrangement is offered through
the Governor's Office in the amount of$97,500. Resolution No. 09-58 authorizes the City to enter into an IGA with Pinal
County to allow reimbursement of City overtime and employment related expenses incurred by its police officers while
participating in the DUI Enforcement Program.
FISCAL IMPACT:
OPTIONS/ALTERNATIVES:
RECOMMENDATION:
ATTACH i IENTS:
Click to download
❑ Resolution 09-58
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THERE IS ADDITIONAL
INFORMATION ON THIS ITEM
IN THE REGULAR MEETING
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TO: City Manager's Office
FROM: Shane Kiesow, Public Works Manager
DATE: February 1, 2010
Agenda Type : Work Session Agenda
Council Priority Focus Area: Budgeted Operational Item
TITLE OF AGENDA ITEM:
DISCUSSION ON THE PURCHASE OF REPLACEMENT PATROL VEHICLES IN AN AMOUNT NOT TO EXCEED
$51,451.68.
ACTION REQUESTED:
Presentation and Discussion
DISCUSSION/BACKGROUND INFORMATION:
Discussion on Public Works' request to purchase two (2) Ford Crown Victorias as replacement vehicles to be used by the
Police Department's Patrol Division.
FISCAL IMPACT:
Budgeted Expenditure
OPTIONS/ALTERNATIVES:
n RECOMMENDATION:
Discussion.
ATTACHMENTS:
Click to download
❑ Police Department Vehicle Purchase Memo
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Public Works Department
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Date: January 20, 2010
To: Mayor and Members of City Council
Through George Hoffman, City Manager
David Fern, Public Works Director
From: Shane Kiesow, Public Works Manager
Subject: Replacement Patrol Vehicles
With the adoption of the Fiscal Year 2009-2010 City operating budget, the following
replacement vehicles were identified and budgeted for the Police Department.
Public Works staff would like City Council to give consideration for approval to purchase two
new replacement Ford Crown Victorias for the Police Department's Patrol Division. These new
vehicles were identified to replace existing units 20-272 and 273 with 125,000 and 114,000
miles respectively. This purchase would also mitigate'the impact of the loss of two patrol
vehicles incurred over the course of this past year due to collisions and flooding.
The recommended purchase of the patrol vehicles would be from State Contract
#P7B/SCC070008=2-through Five Star Ford. Amount for each vehicle would not exceed
$25,725.84 including tax. Total for the two would not exceed $51,451.68 including tax.
575 E. Baseline Avenue,Apache Junction, AZ 85119
• Voice (480) 982-1055 • FAX(480) 983-5752 or(480) 982-8005
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TO: City Manager's Office
FROM: Brad Steinke, Director of Development Services
DATE: February 1,2010
— Agenda Type : Work Session Agenda
Council Priority Focus Area: Community Development
TITLE OF AGENDA ITEM:
PRESENTATION AND DISCUSSION OF DRAFT 2010 GENERAL PLAN.
ACTION REQUESTED:
Presentation and Discussion
DISCUSSION/BACKGROUND INFORMATION:
Staff will present for discussion draft chapters of the evolving 2010 General Plan.
FISCAL IMPACT:
Budgetary Approval Not Required
OPTIONS/ALTERNATIVES:
Statutory Requirement
RECOMMENDATION:
Presentation and discussion only.
ATTACHMENTS:
Click to download
❑ Cover Memo