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HomeMy WebLinkAbout2010 10.04 City Council Work Session Agenda Pp ACHE�G 1;V,A City of Apache Junction Home of the Superstrtzoa Mountains "Q1zot4 APACHE JUNCTION CITY COUNCIL WORK SESSION CITY COUNCIL CHAMBERS 300 EAST SUPERSTITION BOULEVARD �► APACHE JUNCTION,ARIZONA 85219 Monday, October 4, 2010 7:00 PM AGENDA 1. CALL TO ORDER. 2. ROLL CALL. 3. PRESENTATION AND DISCUSSION WITH REPRESENTATIVES FROM THE APACHE JUNCTION FIRE DISTRICT REGARDING SALE AND USE OF FIREWORKS IN APACHE JUNCTION. Representatives from the Apache Junction Fire District will present and discuss on fireworks sales and usage in the City of Apache Junction 4. INTERVIEWS FOR ANNUAL APPOINTMENTS/REAPPOINTMENTS FOR BOARD OF ADJUSTMENT,LIBRARY BOARD,PARKS AND RECREATION COMMISSION AND PLANNING AND ZONING COMMISSION. At the September 20 Work Session council advised they would like to do the annual appointment/reappointment interviews for the board of adjustment,library board,parks and recreation commission and planning and zoning commission at the October 4 work session The appointments/reappointments will be done on October 5,2010 5. PRESENTATION AND DISCUSSION ON THE CITY OF APACHE JUNCTION MUNICIPAL COURT RECORDS MANAGEMENT SYSTEM. 6. DISCUSSION ON PROJECT PW 2010-17,THE PROCUREMENT OF(1)2011 FORD F-450 REGULAR CAB 4X2,(1)2011 FORD F-150 SUPER CREW 4X2,(3)2011 FORD CROWN VICTORIA POLICE INTERCEPTORS. Staff will discuss the bids,opened on September 21,2010,for five(5) Ford vehicles to be used by the Public Works and Police Departments 7. DISCUSSION ON PROJECT PW 2009-18,OLD WEST HIGHWAY AND WINCHESTER ROAD INTERSECTION IMPROVEMENTS. Staff will discuss the bid,opened on September 14, 2010,for street and traffic signal related improvements at the intersection of Old West Highway and Winchester Road. Thirteen bids were received 8. DISCUSSION ON PROPOSED RESOLUTION NO. 10-37,AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT WITH THE ARIZONA DEPARTMENT OF TRANSPORTATION(ADOT). Presentation and discussion on the mutual need between the City of Apache Junction and ADOT for the joint maintenance of traffic signal emergency vehicle preemption devices within the City. 9. PRESENTATION AND DISCUSSION ON NEAR-TERM DOWNTOWN IMPLEMENTATION STRATEGY. 10. DISCUSSION ON THE CONTINUATION OF THE RIDE CHOICE PROGRAM FOR FISCAL YEAR 2010-2011. This program began as Enabling Transportation("ET")in January 2004 with funding continued for Fiscal Year 2004-05 through 2009-10 under the new name of"Ride Choice" This item allows the opportunity to discuss continuation of the program The suggested funding level is $26,432 which is the same as FY 09-10 11. ADJOURNMENT. Copies of this agenda and additional information regarding any of the items listed above may be obtained from the City Clerk's office 300 East Superstition Boulevard,Apache Junction,AZ Monday through Friday,8 00 a m to 5 00 p m ,excluding holidays If any person with a disability needs any type of accommodation,please notify the Human Resources Office,at (480)474-2617 or(480)983-0095(TDD)at least 72 hours prior to the scheduled time. 4 AOr i6�ty ofpache Junction U Z Home of the .S upet:Flition Mountains gRl10N* ) E Print TO: City Manager's Office FROM. George Hoffman, City Manager DATE: October 4,2010 ... agenda Type : Work Session Agenda Council Priority Focus Area: TITLE OF AGENDA ITEM: PRESENTATION AND DISCUSSION WITH REPRESENTATIVES FROM THE APACHE JUNCTION FIRE DISTRICT REGARDING SALE AND USE OF FIREWORKS IN APACHE JUNCTION ACTION REQUESTED: DISCUSSION/BACKGROUND INFORMATION: Representatives from the Apache Junction Fire District will present and discuss on fireworks sales and usage in the City of Apache Junction. FISCAL IMPACT: OPTIONS/ALTERNATIVES: RECOMMENDATION: ATTACHMENTS: Click to download No Attachments Available I\ E iuN CFAI ,� �� Apache Junction Fire District gr` ila_ p������„0 565 North Idaho Road, Apache Junction, Z 8511,9 � N q . , Phone (480) 982-4440, Fax(480) 982-0 r3a it � E DIStR 114 www ajfrre org September 30, 2010 Mayor John Insalaco, City of Apache Junction 300 E Superstition Blvd Apache Jct , AZ 85119 Mr Mayor, Earlier this year, the Arizona State Legislature passed HB 2246 relating to the sale and use of certain consumer fireworks in the State of Arizona This bill takes effect on December 1, 2010. The bill allows local municipalities to adopt ordinances with more stringent use restrictions within their corporate limits The Arizona League of Towns and Cities worked with law makers and city governments to draft a model ordinance for cities to consider for adoption The model ordinance allows for municipalities to control the use of consumer fireworks with restrictions to certain dates, times, locations, up to and including a complete ban on the use of all consumer fireworks. The new law and this model ordinance do not affect federally deregulated 'novelty' items, and do not allow jurisdictions to ban the sale of the de-regulated fireworks At the request of City Staff, AJFD representatives met with the City Council on June 1, 2010 to help educate them as to the types of fireworks HB 2246 allows and the inherent dangers associated with all consumer fireworks to life and property Every year dozens of deaths occur and thousands of injuries result from the use of both legal and illegal fireworks The injuries can be severe and happen most often statistically to young children Based upon the research we have conducted, the Apache Junction Fire District, as a public safety partner with the City of Apache Junction, hereby provides the following recommendation for consideration by the Apache Junction City Council in establishing an ordinance restricting the use of legal 'Consumer' fireworks within your jurisdictional boundaries. It is the recommendation of AJFD to prohibit the use of all consumer fireworks within the jurisdictional boundaries of the City This recommendation was presented to the governing board of the Fire District on August 18, 2010, and it was approved unanimously to move forward in presenting said recommendation to the City of Apache Junction for consideration Thank you in advance for the time and consideration you, the City Council and members of City Staff will ultimately dedicate to this important public safety matter The Fire District will be available to answer any questions you may have during your upcoming work session, and subsequent City Council Meeting Respectfully Submitted, A .ip44_,jj David P Montgomery, Deputy Fire Chief/ Fire Marshal Apache Junction Fire District Pp ACHE�o .4C2 ity of Apache Junction {Ioliie of the .Supei:St2tion MountainsgRr2oNP 8 Print TO: City Manager's Office FROM: Kathy Connelly, City Clerk DATE: October 4, 2010 kgenda Type : Work Session Agenda Council Priority Focus Area: Communication/Outreach TITLE OF AGENDA ITEM: INTERVIEWS FOR ANNUAL APPOINTMENTS/REAPPOINTMENTS FOR BOARD OF ADJUSTMENT, LIBRARY BOARD, PARKS AND RECREATION COMMISSION AND PLANNING AND ZONING COMMISSION. ACTION REQUESTED: Presentation and Discussion DISCUSSION/BACKGROUND INFORMATION: At the September 20 Work Session council advised they would like to do the annual appointment/reappointment interviews for the board of adjustment, library board, parks and recreation commission and planning and zoning commission at the October 4 work session. The appointments/reappointments will be done on October 5, 2010. FISCAL IMPACT: Budgetary Approval Not Required OPTIONS/ALTERNATIVES: ,ECOMMENDATION: ATTACHMENTS: Click to download CI cover memo Agana •tl/Mbr Apcy/1-4te-teite/a4tnetiafry ACHE VW 1141 Home of the Supei stition Mountains gRizo�� SEPTEMBER 23, 2010 MEMORANDUM TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS THROUGH GEORGE HOFFMAN, CITY MANAGER THROUGH KATHLEEN CONNELLY, CITY CLERK l ,/ FROM• JAN MASON, DEPUTY CITY CLERK (-' SUBJECT AGENDA ITEM FOR OCTOBER 4, 2010 (BOARD/COMMISSION INTERVIEWS) At the September 20 work session, council discussed scheduling interviews for the October 4 work session for all new and previously interviewed applicants and reappointees for the Board of Adjustment, Library Board, Parks and Recreation Commission and Planning and Zoning Commission The positions to be filled for all of these boards and commissions have terms of office which expire on October 31, 2010, with the new term expiring on October 31, 2013 There is one vacancy on the Board of Adjustment with a term expiring October 31, 2012. Most individuals whose terms are expiring have indicated a desire to be reappointed The following list includes (a) current board/commission members who have expressed interest in being reappointed and (b)previously interviewed applicants who have expressed interest in being appointed to a city board or commission We only received a few new applications this year Letters were sent to all of the above listed applicants to attend the interview session. Copies of the talent bank applications have been given to council in an accompanying notebook. If an applicant for reappointment/appointment is currently on another board/commission, it is so noted under "Additional Comments" in each section of the notebook Please contact me if you have any questions • Voice(480)982-8002 • PAX(480)982-7018•TDD(480)983-0095 •ucvw aicity net 300 E Superstition Boulevard. Apache Junction AL 85219 Board of Adjustment (Three positions) Reappointments New Applicant Jane Jones-Denney Agnes Felton Ralph Stinson Pems Tebon Library Board (Three positions) Reappointments New Applicants Rhonda Jackson Colleen Hill Theresa Nesser Liza Kovach Pems Tebon Parks and Recreation Commission (two positions) Reappointments New Applicants Mona Barton Colleen Hill Conrad Pisinski Eric Messina Foster Drew Rappleye II Planning and Zoning Commission (two positions) Reappointments New Applicants Colleen Hill Luciano Buzzin J. Sue Johns Liza Kovach Robert Mayo Eric Messina Foster Drew Rappleye II James Salisbury Adak PQACHf�G y0o City of Apache Junction U 2 Home of the Superstition Mountains 4Rlzoo* Mi Print TO: City Manager's Office FROM: James Hazel, Magistrate Judge DATE: October 4, 2010 Agenda Type : Work Session Agenda Council Priority Focus Area: TITLE OF AGENDA ITEM: PRESENTATION AND DISCUSSION ON THE CITY OF APACHE JUNCTION MUNICIPAL COURT RECORDS MANAGEMENT SYSTEM. ACTION REQUESTED: DISCUSSION/BACKGROUND INFORMATION: FISCAL IMPACT: OPTIONS/ALTERNATIVES: RECOMMENDATION: ATTACHMENTS: Click to download No Attachments Available PpPCHE�G s yo City of Apache Junction Z Home qf the Super:►titian Mountains �Rf20N/ a Print TO: City Manager's Office FROM: Shane Kiesow, Public Works Manager DATE: October 4,2010 Agenda Type : Work Session Agenda Council Priority Focus Area: Budgeted Operational Item TITLE OF AGENDA ITEM: DISCUSSION ON PROJECT PW 2010-17, THE PROCUREMENT OF (1) 2011 FORD F-450 REGULAR CAB 4X2, (1) 2011 FORD F-150 SUPER CREW 4X2, (3) 2011 FORD CROWN VICTORIA POLICE INTERCEPTORS. ACTION REQUESTED: Presentation and Discussion DISCUSSION/BACKGROUND INFORMATION: Staff will discuss the bids, opened on September 21, 2010, for five (5) Ford vehicles to be used by the Public Works and Police Departments. FISCAL IMPACT: Budgeted Expenditure OPTIONS/ALTERNATIVES: RECOMMENDATION: Discussion. ATTACHMENTS: Click to download 0 Ford Vehicles Memo Adak 111111W .NMI Public Works Department z City of Apache �R, QN. Junction z Home of the Superstition Mountains Date. October 4, 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 Fleet Vehicles Five bids were received and opened on Tuesday, September 21, 2010 at 2 00 p m in response to solicitation PW 2010-17 for (1) 2011 Ford F-450 Regular Cab 4X2, (1) 2011 Ford 4X2 Super Crew, (3) 2011 Ford Crown Victoria Police Interceptors They have been reviewed for compliance with the specifications. Below is a breakdown of the bids received Five Star Ford $127,179 52 Berge Ford $128,121 75 Robert Home Ford $128,233.38 Tom Jones Ford $130,785 74 Sanderson Ford $131,671.56 The three Ford Crown Victorias and one Ford F-150 pickup will replace four existing patrol units in the Police Department with 118,359 to 129,266 miles. The Ford F-450 will replace the existing Public Works sign truck with 111,204 miles which will be retained to be used in the street light division Staff respectfully requests City Council consideration for approval and award of PW 2010-17 to Five Star Ford in the NTE amount of$127,179 52 including tax 575 E Baseline Avenue, Apache Junction, AZ 85119 • Voice (480) 982-1055 • FAX (480) 983-5752 or(480) 982-8005 PpACHf� ... C ty of Apache Junction U .4„..„,..2 Home of the .Sllpet:ctit/on :S'ounti1111s ES Print TO: City Manager's Office FROM: Giao Pham, P.E., City Engineer DATE: October 4, 2010 Agenda Type : Work Session Agenda Council Priority Focus Area: Community Infrastructure TITLE OF AGENDA ITEM: DISCUSSION ON PROJECT PW 2009-18, OLD WEST HIGHWAY AND WINCHESTER ROAD INTERSECTION IMPROVEMENTS ACTION REQUESTED: Presentation and Discussion DISCUSSION/ BACKGROUND INFORMATION: Staff will discuss the bid, opened on September 14, 2010, for street and traffic signal related improvements at the intersection of Old West Highway and Winchester Road Thirteen bids were received FISCAL IMPACT: OPTIONS I ALTERNATIVES: RECOMMENDATION: Staff recommendation is to award PW 2009-18 to AJP Electric, Inc in the amount of $241,963.98 ATTACHMENTS: Click to download ❑ Memo to Council D Construction Agreement vs C11 ophl Public Works Department City of Apache '4RIZONP Junction Home of the Superstition Mountains September 15,2010 .•� Memorandum to: Honorable Mayor and Members of the Council Through: George Hoffman,City Manager David Fern, P.E., Director of Public Works From: Giao Pham,P.E,City Engineer Regarding Award of Bid for Project PW 2009-18 Old West Hwy and Winchester Rd Intersection Improvements Thirteen(13)bid packets were received and opened on Tuesday, September 14,2010,out of thirty-six (36)packets e-mailed or picked-up The bids ranged from$241,963.98 to$368,744.74. This project includes removal of asphalt pavement, installation of new asphalt pavement,base materials, curb,gutter,sidewalk, street lights,storm drain structures,adjustment of existing utilities, installation of traffic signal,signing,striping and other traffic signal related improvements. Work is scheduled to be completed in December 2010 Bid Opening Summary Total AJP Electric,Inc. $241,963 98 Gunsight Construction $264,401.09 SPIRE Engineering $269,960 70 Engineering Estimate $330,000.00 See attached page for complete listing of all thirteen bids �► The Public Works Department recommends award to AJP Electric, Inc for their bid in the amount of $241,963.98. RECOMMENDED MOTION: I MOVE TO AWARD BID PW 2009-18 TO AJP ELECTRIC, INC. IN THE AMOUNT OF$241,963.98,PLUS 10%FOR UNFORESEEN CHANGE ORDERS, $24,196.40, FOR A TOTAL OF$266,160.38. 575 E Baseline Avenue, Apache Junction,AZ 85119 • Voice(480) 982-1055 • FAX (480)983-5752 or(480)982-8005 COMPANY BID TOTALS AJP Electric,Inc. $241,963.98 Gunsight Construction $264,401.09 SPIRE Engineering $269,960.70 DCS Contracting $278,000.00 CPC Construction $279,028.60 Visus Engineering $288,000.00 ABC Asphalt $295,989.02 Blucor Contracting $301,758 15 J. Banicki $301,819.26 Markham Contracting $326,980.00 Nesbitt Contracting $330,082.90 Ricor, Inc. $331,000.00 Pierson Construction $368,744.74 Engineer's Cost Estimate $330,000 00 City OF APACHE JUNCTION AGREEMENT FOR OLD WEST HIGHWAY AND WINCHESTER ROAD INTERSECTION IMPROVEMENTS PROJECT PW 2009-18 THIS AGREEMENT made and entered into by and between the City of Apache Junction, an Arizona municipal corporation ("City") and AJP Electric, Inc an Arizona corporation ("Contractor") RECITALS A, In response to City' s Notice Inviting Bid Proposals dated August 2010, and any addendums applicable thereto, Contractor submitted a proposal dated, September 14, 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. Old West Highway and Winchester Road Intersection improvements will include the following• removal of existing asphalt pavement including base materials, installation of new base material and asphalt pavement, curb and gutter, sidewalk, ADA Accessible ramps, 12-inch and 24-inch storm drain concrete pipes with headwalls, installation of traffic signal, streetlights, trenching, conducts, pull boxes, adjustment of existing utilities and other traffic signal 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 Old West Highway and Winchester Road Intersection Improvements PW 2009-18"; 2) the latest "Uniform Standard Specifications and Details for Public Works Construction" by the Maricopa Association of Governments and Standard Details of the City of Apache Junction; 1 and 3) the plans entitled "Old West Highway and Winchester Road Intersection Improvements- Project No. PW 2009-18 as shown and described in the referenced bid documents and included here in under Exhibits . 2 . PAYMENTS & COMPLETION: The contract sum shall be the total amount payable by City to the Contractor in the amount of Two Hundred Forty-one Thousand Nine Hundred Sixty-three Dollars and Amok Ninety-eight Cents ($ 241, 963. 98) for the performance of the work under the contract documents except for changes authorized by properly executed change orders . Upon notice that the work is ready for final inspection or acceptance, City representatives shall promptly cause to be made an inspection. When City finds the work acceptable under the Contract Documents, City shall promptly submit for processing a certificate for payment stating that to the best of their knowledge, information and belief and on the basis of its observation and inspection, the work has been completed in accordance with the terms and conditions of the Contract Documents and that partial payment or the entire balance due the Contractor is payable. No final payment shall become due until the Contractor submits to the all required lien waivers, releases and any other data establishing payment or satisfaction of all Contractor' s obligations If any Subcontractor refuses to furnish a release or waiver required by City, Contractor may furnish a bond satisfactory to the City to indemnify City against any such lien. If any such lien remains unsatisfied after all payments are made, Contractor shall refund to City all monies that the latter may be compelled to pay in discharging such liens, including all costs and reasonable attorneys fees . 3 CONTRACT TIME. Contractor hereby fixes the time for beginning work no later than October 20, 2010 as, with completion no later than December 18, 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 Amok 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 2 and other persons performing any of the work under any contract document . 5. LABOR AND MATERIALS• Unless otherwise provided in the contract documents, Contractor shall provide, pay and insure under the requisite laws and regulations for all labor, materials, equipment, tools and machinery, water, heat, utilities, transportation, other facilities and services necessary for the proper execution and completion of the work whether temporary or permanent, and whether or not incorporated or to be incorporated in the work 6. INSPECTIONS AND QUALITY OF WORK: Contractor understands and specifically agrees that all work is to be performed pursuant to Maricopa Association of Governments specifications and details, ("MAG" specifications and details") with City' s additions. Contractor agrees that it will conduct at least one pre- construction meeting before any work commences . While performing the services, Contractor shall exercise the reasonable professional care and skill customarily exercised by reputed members of Contractor' s profession practicing in the Phoenix metropolitan area, and shall use reasonable diligence and best judgment while exercising its professional skill and expertise . Contractor shall also be responsible for all errors and omissions Contractor commits in the performance of this Agreement . Contractor understands and agrees that inspection of the work being performed hereunder will occur by City Contractor agrees that City will have the exclusive right to determine, in its sole discretion, whether the work has been performed in accordance with the Contract Documents, including MAG specifications and details Contractor further agrees to make such corrections to the work as may be directed by City to conform to said Contract Documents including MAG specifications and details, without requirement of Change Order or any additional charge or cost to City whatsoever. Contractor further agrees to make such corrections to the work within the time for completion of work as specified in Section 3 above and shall not be entitled to additional time for completion of work for any correction work needed to be performed hereunder Failure to perform correction work within the time to complete work as provided in Section 3 shall subject Contractor to liquidated damages as provided therein. 7. WARRANTY. Contractor shall guarantee the work against defective workmanship or materials for a period of one year from the date of its final acceptance under the contract; ordinary wear and tear and unusual abuse or neglect excepted. Any omission on the part of City to condemn defective work or materials at the time of construction shall not be deemed an acceptance. and Contractor will be required to correct defective work or materials at any time before final acceptance. Within one year from the date of final acceptance due to faults in workmanship or materials, the Contractor shall begin making the necessary repairs to the satisfaction of City within fourteen (14) calendar days of receipt of written notice from City Such work shall include the repair or replacement of other work or materials damaged or affected by making the above repairs or corrective work all at no additional cost to City In the case of work materials or equipment for which 3 164 warranties are required by the special provisions, Contractor shall provide or secure from the appropriate Subcontractor or supplier such warranties addressed to and in favor of City and deliver same to City prior to final acceptance of the work. Delivery of such warranties shall not relieve Contractor from any obligation assumed under any other provision of the contract . The warranties and guarantees provided in this subsection of the contract documents shall be in addition to and not in limitation of any other warrantees, guarantees or remedies required by law, and shall survive the expiration of this Agreement for the time period mentioned above. If the Contractor fails within a reasonable time to replace or repair any portion of the work deemed to be needed, the City may cause said work to be done and the Contractor agrees to pay all costs incurred, or the 'City may use the Warranty Bond to pay for costs incurred. 8. TAXES. Contractor shall pay all license, sales, consumer, use and other similar taxes for the work or portions thereof provided by Contractor which are legally enacted at the time bids are received whether or not yet effective or subsequently applicable due to acts of jurisdictions or bodies other than City. 9. PERMITS & FEES: Unless otherwise provided in the contract documents, Contractor shall secure and pay for all permits, governmental fees, licenses and inspections necessary for the proper execution and completion of work which are customarily secured after execution of the contract and which are legally required. Contractor shall give all notices and comply with all laws, ordinances, rules, regulations and lawful orders of any public authority bearing on the performance of the work. City permits for this work will be provided to Contractor at no cost 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 Auk Article 8-5 of the Apache Junction City Code from the City Clerk' s Office and keep such license current during the term of this Agreement and after termination of this Agreement any time work is performed pursuant to the warranty provisions set forth in Section 5 . Any activity by Subcontractor' s within the corporate City limits, will invoke the same business tax regulations on any Subcontractor' s, and Contractor ensures its Subcontractor' s will obtain any required business tax license. 10 . SUPERINTENDENT. Contractor shall employ a competent project superintendent who shall be in attendance at the project site during the progress of the work The superintendent shall represent and be the community agent of Contractor and communications given to the superintendent shall be as binding as if given to Contractor Important communications shall be confirmed in writing The designated superintendent' s contact information shall be provided to the Public Works Director or his designee in writing within five (5) working days after execution of this Agreement . 4 AOftk p 11. PROGRESS SCHEDULE. Contractor shall, immediately after entering into this Agreement, reaffirm the estimated progress schedule as submitted with the bid proposal . Said progress schedule shall be maintained and updated during the project . 12. INDEMNIFICATION• Contractor shall defend indemnify and hold harmless City, its, agents, officers, officials and employees, from and against all claims, damages, losses and expenses (including but not limited to attorney fees, court costs and the cost of appellate proceedings) relating to, arising out of, or alleged to have resulted from the acts, errors, mistakes, omissions, work or services of Contractor, its agents, employees, or any tier of Contractor' s Subcontractors or any other person for whose acts, errors, mistakes, omissions, work or services Contractor may be legally liable The amount and type of insurance coverage requirements set forth herein will in no way be construed as limiting the scope of the indemnity in this paragraph 13. SUBCONTRACTORS• All Subcontractors chosen by Contractor will be subject to City' s approval . All Subcontractors shall be identified by Contractor prior to award of contract Contractor shall make no substitutions for any Subcontractor, person or entity previously selected without the approval of City. 14 GOVERNING LAW AND VENUE: The terms and conditions of this Agreement shall be governed by and interpreted in accordance with the laws of the State of Arizona Any action at law or in equity brought by either party for the purpose of enforcing a right or rights provided for in this Agreement, shall be tried in a court of competent jurisdiction in Pinal County, State of Arizona The parties hereby waive all provisions of law providing for a change of venue in such proceeding to any other county. In the event either party shall bring suit to enforce any terms of this Agreement or to recover any damages for and on account of the breach of any term or condition in this Agreement, it is mutually agreed that the prevailing party in such action shall recover all costs including reasonable attorney fees to be determined by the �• court in such action. 15. INSURANCE• Contractor, at its own expense, shall purchase and maintain the herein stipulated minimum insurance with companies duly licensed in the State of Arizona, possessing a current A M Best, Inc Rating of B++6, or approved unlicensed in the State of Arizona with policies and forms satisfactory to City All insurance required herein shall be maintained in full force and effect until all work or service required to be performed under the terms of the Agreement is satisfactorily completed and formally accepted; failure to do so may, at the sole discretion of the City constitute a material breach of this Agreement . 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 . 5 Any failure to comply with the claim reporting provisions of the insurance policies or any breach of an insurance policy warranty shall not affect coverage afforded under the insurance policies to protect City. The insurance policies, except Workers Compensation, shall contain waiver of transfer rights of recovery (subrogation) against City, its agents, officers, officials and employees for any claims arising out of Contractor' s acts, errors, mistakes, omissions, work or services . The insurance policies may provide coverage which contain deductibles or self-insured retentions Such deductible and/or self-insured retentions shall not be applicable with respect to the coverage provided to City under such policies . Contractor shall be solely responsible for the deductible and/or self-insured retention and City, at its option, may require Contractor to secure payment of such deductibles or self-insured retentions by a Surety Bond or an irrevocable and unconditional letter of credit . City reserves the right to request and to receive within ten (10) working days, certified copies of any or all of the herein required insurance policies and/or endorsements. City shall not be obligated, however, to review same or to advise Contractor of any deficiencies in such policies and endorsements, and such receipt shall not relieve Contractor from, or be deemed a waiver of City' s right to insist on strict fulfillment of Contractor' s obligations under this Agreement . The insurance policies, except Workers Compensation and Professional Liability, required by this Agreement, shall name City, its Mayor, Council, appointees, agents, officers, officials and employees as additional insured parties . REQUIRED COVERAGE Commercial General Liability Contractor shall maintain Commercial General Liability insurance with a limit of not less than $1, 000, 000 for each occurrence with a $2, 000, 000 Products/Completed Operations Aggregate and a $2, 000, 000 General Aggregate Limit . The policy shall include coverage for bodily injury, broad form property damage, personal injury, products and completed operations and blanket contractual coverage including, but not limited to, the liability assumed under the indemnification provisions of this Agreement which coverage will be at least as broad as Insurance Service Office, Inc. Policy Form CG 00011-03 or any replacement thereof. Such policy shall contain a severability of interest provision, and shall not contain a sunset provision or commutation clause, nor any provision which would serve to limit third party action over claims . The Commercial General Liability additional insured endorsement shall be at least as broad as the Insurance Service Office Inc . ' s 6 r Additional Insured Form CG 20101185, and shall include coverage for Contractor' s operations and products and completed operations . If required by this Agreement, if Contractor sublets any part of the work, services or operations, Contractor shall purchase and maintain, at all times during prosecution of the work, services or operations under this Agreement, an Owner and Contractor' s Protective Liability insurance policy for bodily injury and property damage, including death, which may arise in the prosecution of the Contractor' s work, service or operations under this Contract . Coverage shall be on an occurrence basis with a limit not less than $1, 000, 000 per occurrence, and the policy shall be issued by the same insurance company that issues Contractor' s General Liability insurance Workers' Compensation Contractor shall carry Workers Compensation insurance to cover obligations imposed by federal and state statutes having jurisdiction of Contractor' s employees engaged in the performance of the work or services; and Employer' s Liability insurance of not less than $100, 000 for each accident, $100, 000 disease for each employee, and $500, 000 disease policy limit In case any work is subcontracted, Contractor will require all Subcontractors to provide Workers Compensation and Employer' s Liability to at least the same extent as required of Contractor. Professional Liability If deemed applicable by the City Attorney, Contractor will maintain Professional Liability insurance covering acts, errors, mistakes and omissions arising out of the work or services performed by Contractor, or any person employed by Contractor, with a limit of not less than $1, 000, 000 each claim CERTIFICATE OF INSURANCE Prior to commencing work or services under this Agreement, Contractor shall furnish the City with Certificates of Insurance, or formal endorsements as required by Agreement, issued by Contractors insurer (s) , as evidence that policies providing the required coverages, conditions and limits required by this Agreement are in full force and effect In the event any insurance policies required by this Agreement are written on a "claims made" basis, coverage shall extend for two (2) years past completion and acceptance of the Contractor' s work or services and as evidenced by annual Certificates of Insurance, to be filed with the City Clerk of City. If a policy does expire during the life of the Agreement, a renewal certificate must be sent to City thirty (30) calendar days prior to the expiration date and all required insurance shall not expire, be cancelled, or materially changed without a minimum thirty (30) calendar days written notice to City from Contractor All 7 oak r Certificates of Insurance shall be identified with bid serial number and title. At the close of the project when the work has been accepted by the City, the Contractor shall provide a Warranty Bond in the amount of ten percent (10%) of the Performance Bond. The Warranty Bond shall be held by the City during Warranty Period. 16. CHANGE ORDERS: This is a Lump Sum Contract . However, change orders may be processed as delineated herein. A change order is a written order to Contractor, approved by the Director of Public Works, issued after execution of the contract authorizing a change in the work or an adjustment in the contract sum or the contract time A change order signed by Contractor indicates its agreement therewith City may, without invalidating the contract, order changes in the work within the general scope of the contract consisting of additions, deletions or other revisions, the contract sum and the contract being adjusted accordingly All such changes in the work shall be authorized by change order and shall be performed under the applicable conditions of the contract documents . City' s Director of Public Works shall have authority to order minor changes in the work not involving an adjustment in the contract sum or extension of contract time and not inconsistent with the intent of the contract documents . All such changes shall be effected by written order and shall be binding upon City and Contractor. 17. SUCCESSORS & ASSIGNS: City and Contractor each bind themselves, their partners, successors, assigns and legal representatives to the other party hereto and to the partners, successors, assigns and legal representatives of such other party in respect to all covenants, agreements and obligations contained in the contract documents Neither party to the contract shall assign the contract or sublet it as a whole without the written consent of the other, nor shall the Contractor assign any monies due or to become due to or to become due to it without the previous written consent of City. 18. WRITTEN NOTICE: Written notice shall be deemed to have been duly served if delivered in person to the individual or member of the firm or entity, or to an office of the corporation for whom it was intended or if delivered at or sent registered or certified mail, return receipt requested, and first class postage prepaid to the last business address known to them who gives the notice. 19. CLAIMS FOR DAMAGES. Should either party to the contract suffer injury or damage to personal property because of any act or omission of the other party or of their employees or agents for whose acts they are legally liable, claims shall be made in writing to such other parties within a reasonable time after the first observance of such injury or damages . 20. PERFORMANCE BOND & LABOR & MATERIAL PAYMENT BOND• City shall have the right to require Contractor to furnish bonds covering the faithful performance of the contract and the payment of all obligations arising thereunder. Attached are standard bond 8 Pak -auk 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 . 22 RIGHTS & REMEDIES: The duties and obligations imposed __ by the contract documents and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. No action or failure to act by City or Contractor shall constitute a waiver of any right or duty afforded any of them under the contract, nor shall any action or failure to act constitute an approval of or an acquiescence to any breaches thereunder except as may be specifically agreed to in writing. 23 ENFORCED DELAYS (FORCE MAJEURE) : All time limits stated in the contract documents are of the essence. Contractor shall begin work on the date of commencement as defined in Section 3 above. Neither City nor Consultant, as the case may be, shall be considered not to have performed its obligations under this Agreement in the event of enforced delay (an "Enforced Delay") due to causes beyond its control and without its fault or negligence or failure to comply with Applicable Laws, including, but not restricted to, acts of God, fires, floods, epidemics, pandemics, quarantine, restrictions, embargoes, labor disputes, and unusually severe weather or the delays of subconsultants or materialmen due to such causes, acts of a public enemy, war, terrorism or act of terror (including but not limited to bio-terrorism or eco- terrorism) , nuclear radiation, blockade, insurrection, riot, labor strike or interruption, extortion, sabotage, or similar occurrence or any exercise of the power of eminent domain of any governmental body on behalf of any public entity, or a declaration of moratorium or similar hiatus (whether permanent or temporary) by any public entity directly affecting the Project . In no event will Enforced Delay include any delay resulting from unavailability for any reason of labor shortages, or the unavailability for any reason of particular consultants, subconsultants, vendors or investors desired by Consultant in connection with the Project. Consultant agrees that Consultant alone will bear all risks of delay which are not Enforced Delay In the event of the occurrence of any such Enforced Delay, the time or times for performance of the obligations of the Party claiming delay shall be extended for a period of the Enforced Delay, provided, however, that the Party seeking the benefit of the provisions of this Section shall, within thirty (30) calendar days after such Party knows or should know of any such Enforced Delay, first notify the other Party of the specific delay in writing and claim the right to an extension for the period of the Enforced Delay; and provided further that in no event shall a period of Enforced Delay exceed ninety (90) calendar days . 9 24. TERMINATION BY Contractor: If the work is stopped for a period of fifteen (15) calendar days under an order of any court or other public authority having jurisdiction or as a result of an act of government such as declaration of national emergency making material unavailable through no act or fault of Contractor or a Subcontractor or their agents or employees, Contractor may upon seven (7) additional calendar days, give written notice to City, terminate the contract and recover from City payment for all work executed and for any proven loss sustained upon any materials, equipment, tools, construction equipment and machinery including reasonable profit and damage. 25 TERMINATION BY City. If Contractor is adjudged bankrupt or if it makes a general assignment for the benefit of its creditors or if a receiver is appointed on account of its insolvency, of if it persistently or repeatedly refuses or fails except in case for which extension of time is provided to supply enough properly skilled works or proper materials or labor or persistently disregards laws, ordinance, rules, regulations or orders of any public authority having jurisdiction or otherwise is guilty of a substantial violation of a provision of the contract documents, City upon certification by the Director of Public Works that sufficient cause exists to justify such action may without prejudice to any right or remedy and after giving the Contractor and its surety if any, ten (10) calendar days written notice, terminate this contract and take possession of the site and of all materials, equipment, tools, construction equipment and machinery thereon owned by the Contractor and may finish the work by whatever method it may deem expedient . In such case, Contractor shall not be entitled to receive any further payment until the work is finished. If the unpaid balance of the contract sum exceeds the cost of finishing the work such excess shall be paid to the Contractor If such costs exceed the unpaid balance, Contractor shall pay the difference to City. The amount to be paid to Contractor or to City as the case may be, shall be certified by the City' s Director of Public Works and this obligation for payment .••► shall survive the termination of this contract . 26. RECORDS. Records of Contractor' s labor, payroll and other costs pertaining to this Agreement shall be kept on a generally recognized accounting basis and made available to City for inspection on request . Contractor shall maintain records for a period of at least two (2) years after termination of this Agreement, and shall make such records available during that retention period for examination or audit by City personnel during regular business hours . 27. AMENDMENT. It is mutually understood and agreed that no alteration or variation of the terms and conditions of this Agreement shall be valid unless made in writing and signed by the parties hereto, and that oral understandings or agreements not Incorporated herein shall not be binding on the parties 28 . SEVERABILITY. If any part, term or provisions of this Agreement shall be held illegal, unenforceable or in conflict with 10 any law, the validity of the remaining portions and provisions hereof shall not be affected. 29. CONFLICT OF INTEREST: The provisions of A.R S § 38-511 relating to cancellation of contracts due to conflicts of interest shall apply to this contract . 30. COMPLIANCE WITH FEDERAL AND STATE LAWS: The Contractor understands and acknowledges the applicability to it of the e American with Disabilities Act, the Immigration Reform and Control Act of 1986 and the Drug Free Workplace Act of 1989 The following is only applicable to construction contracts. The Contractor must also comply with A R.S § 34-301, "Employment of Aliens on Public Works Prohibited", and A.R.S § 34-302, as amended, "Residence Requirements for Employees" Under the provisions of A R.S. § 41-4401, Contractor hereby warrants to the City that the Contractor and each of its Subcontractors will comply with, and are contractually obligated to comply with, all Federal Immigration laws and regulations that relate to their employees and A.R.S. § 23-214 (A) (hereinafter "Contractor Immigration Warranty") . A breach of the Contractor Immigration Warranty shall constitute a material breach of this Contract and shall subject the Contractor to penalties up to and including termination of this Contract at the sole discretion of the City The City retains the legal right to inspect the papers of any Contractor or Subcontractors employee who works on this Contract to ensure that the Contractor or Subcontractor is complying with the Contractor Immigration Warranty. Contractor agrees to assist the City in regard to any such inspections. The City may, at its sole discretion, conduct random verification of the employment records of the Contractor and any of Subcontractors to ensure compliance with Contractor' s Immigration Warranty. Contractor agrees to assist the City in regard to any random verifications performed Neither the Contractor nor any of Subcontractor shall be deemed to have materially breached the Contractor Immigration Warranty if the Contractor or Subcontractor establishes that it has complied with the employment verification provisions prescribed by sections 274A and 274B of the Federal Immigration and Nationality Act and the E- Verify requirements prescribed by A R.S § 23-214, Subsection A. 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 11 1 Aink, Aft. IN WITNESS WHEREOF the parties hereto have caused this Agreement to be signed by their duly authorized representative as of this day of , 2010 . AJP Electric, Inc. Avow By- Title - STATE OF ARIZONA ss. COUNTY OF The foregoing instrument was acknowledged before me this day of 2010, by as Contractor in the above-referenced Agreement . Witness my hand and official seal. My Commission Expires : Awls Notary Public 12 City OF APACHE JUNCTION an Arizona municipal corporation By• JOHN S. INSALACO Its MAYOR ATTEST- Kathleen Connelly City Clerk APPROVED AS TO FORM- Richard J. Stern City Attorney STATE OF ARIZONA ) ss COUNTY OF PINAL ) 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 My Commission Expires- Notary Public 13 STATUTORY PAYMENT BOND PURSUANT TO TITLE 34, CHAPTER 2, ARTICLE 2, OF THE ARIZONA REVISED STATUTES (Penalty of this Bond MUST be 100% of the Contract Amount) KNOW ALL MEN BY THESE PRESENTS: That, (hereinafter called the Principal) , as Principal, and , a company /corporation holding a Certificate of Authority to transact surety business in the State of Arizona as issued by the Director of the Department of Insurance pursuant to Title 20, Chapter 2, Article 1, with its principal office in the City of _ (hereinafter called Amum" the Surety) are held and firmly bound unto the City of Apache Junction (hereinafter called the Obligee) , in the amount of Dollars ($ ) , for the payment whereof, the said Principal and Surety bind themselves, their heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated day of , 2010 to which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITIONS OF THIS OBLIGATION IS SUCH, that if the said Principal shall promptly pay all moneys due to all persons supplying labor or materials to Principal or Principal's Sub-Contractors in the prosecution of the work provided for in said contract, this obligation shall be void Otherwise it remains in full force and effect: PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Title 34, Chapter 2, Article 2, of the Arizona Revised Statutes, all liabilities on this bond shall be determined in accordance with the provisions, conditions and limitations of said Title, Chapter and Article, to the same extent as if they were copies at length herein The prevailing party in a suit on this bond shall recover as part of the judgment reasonable attorney fees as may be fixed by the judge of the court. Witness our hand this day of , 2010 PRINCIPAL SEAL BY: AGENCY OF RECORD AGENCY ADDRESS SURETY SEAL BY 14 STATUTORY PERFORMANCE BOND PURSUANT TO TITLE 34, CHAPTER 2, ARTICLE 2, OF THE ARIZONA REVISED STATUTES (Penalty of this Bond MUST be 100% of the Contract Amount) KNOW ALL MEN BY THESE PRESENTS That, (hereinafter called the Principal) , as Principal, and , a company /corporation holding a Certificate of Authority to transact surety business in the State of Arizona as issued by the Director of the Department of Insurance pursuant to (hereinafter called the Surety) are held and firmly bound unto the City of Apache Junction (hereinafter called the Obligee) , in the amount of Dollars ($ ) , for the payment whereof, the said Principal and Surety bind themselves, their heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated day of ,20_ to which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein NOW, THEREFORE, THE CONDITIONS OF THIS OBLIGATION IS SUCH, that if the Principal faithfully performs and fulfills all of the undertakings, covenants, terms, conditions and agreements of the contract during the original term of the contract and any extension of the contract, with or without notice to the surety, and during the life of any guaranty required under the contract, and also performs and fulfills all of the undertakings, covenants, terms, conditions and agreements of all duly authorized modifications of the contract that may hereafter be made, notice of which modifications to the surety being hereby waived, the above obligation is void. Otherwise it remains in full force and effect PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Title 34, Chapter 2, Article 2, of the Arizona Revised Statutes, and all liabilities on this bond shall be determined in accordance with the provisions of Title 34, Chapter 2, Article 2, Arizona Revised Statutes, to the extend as if they were copies at length in this agreement The prevailing party in a suit on this bond shall recover as part of the judgement reasonable attorney fees as may be fixed by the judge of the court Witness our hand this day of , 20 PRINCIPAL SEAL BY °IS AGENCY OF RECORD AGENCY ADDRESS SURETY BY. ATTORNEY IN FACT 15 a CITY OF APACHE JUNCTION WARRANTY BOND PROJECT NO. PW2009-18 BOND NO PREMIUM NO. WHEREAS, the City of Apache Junction (hereafter"City") and (hereafter "Principal") have entered into an agreement ("Agreement") dated - , 20 , whereby Principal agreed to install and complete certain designated public improvements as a condition of relating to at Principal's own expense and which Agreement is hereby referred to and made a part hereof, and WHEREAS, Principal is required under the terms of the Agreement to furnish warranty security for the work performed pursuant to the Agreement in the amount of ten percent (10%) of the original amount of the security deposit to guarantee replacement and repair of the improvements as described in the Agreement for a period of one year following final acceptance of said improvements NOW, THEREFORE, we, Principal, and ("Surety"), are held and firmly bound unto City in the penal sum of ($ ) lawful money of the United States, for the payment of which we bind ourselves, our heirs, successors, executors, and administrators, jointly and severally. The condition of this obligation is such that if Principal shall indemnify City for all loss that City may sustain by reason of any defective materials or workmanship which become apparent during the period of one year from and after acceptance of the improvements by the City, then this obligation shall be null and void; otherwise, this obligation shall remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified, costs and reasonable expenses and fees shall be included, including reasonable attorneys' fees incurred by City in successfully enforcing the obligation, all to be taxed as costs and included in any judgment rendered Surety shall provide City with thirty (30) days' written notice of Principal's default prior to Surety terminating, suspending or revoking the bond In witness whereof, this instrument has been duly executed by Principal's and Surety on , 20 Principal Surety By Attorney-in-Fact Address 16 Amok City OF APACHE JUNCTION PROJECT NO. PW2009-18 CERTIFICATE OF INSURANCE The certifies that the following insurance policies have been issued on behalf of: NAME OF INSURED• ADDRESS OF INSURED Type of Policy Effect. Expire Limits of Insurance Number Date Date Liability 1 Workman' s $100,000 Each Accident; Compensation $100, 000 Each Disease, $500, 000 Disease Policy Limit 2 Commercial $1,000,000 Each Occurrence; General $2,000,000 Products Liability /Completed Operations Aggregate; $2,000, 000 General Aggregate Limit 3 Contractual $1, 000, 000 Each Bodily Injury Occurrence & Property Damage 4 Professional $1, 000, 000 Each Claim . Liability 5 Automobile $1, 000, 000 Each . Bodily Injury Occurrence & Property Damage It is further agreed that these policies shall not expire, be canceled or changed until all work has been completed and the project has been accepted by the City. If a policy does expire during the life of the contract, a renewal Certificate of the required coverage must be sent to the City of Apache Junction not less than thirty (30) calendar days prior to expiration date . This Certificate is not valid unless countersigned by an authorized representative of the Insurance Company. The Certificate of Insurance must also provide that the City, its Mayor, Council, appointees, officers, employees and agents, are additional insured parties Date. Countersigned by. Title- SUBSCRIBED AND SWORN TO before me this _ day of ,2010 by as Insurer Notary Public My Commission Expires 17 11. U PPP.HC FAG O 2`i 1 City o,f Apache Junction Home of I e .Supe/citt1o/1 �'�1Oiiniains 4Pizoto" a Print TO: City Manager's Office FROM: Shane Kiesow, Public Works Manager DATE: October 4, 2010 Agenda Type : Work Session Agenda Council Priority Focus Area: Additional Item Outside Scope of Identified Council Priorities TITLE OF AGENDA ITEM: DISCUSSION ON PROPOSED RESOLUTION NO. 10-37, AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT WITH THE ARIZONA DEPARTMENT OF TRANSPORTATION (ADOT) ACTION REQUESTED: Presentation and Discussion DISCUSSION/ BACKGROUND INFORMATION: Presentation and discussion on the mutual need between the City of Apache Junction and ADOT for the joint maintenance of traffic signal emergency vehicle preemption devices within the City. FISCAL IMPACT: OPTIONS/ALTERNATIVES: RECOMMENDATION: Discussion. ATTACHMENTS: Click to download 0 ADOT IGA Staff Memo D Resolution No. 10-37 pQ ACNF� a4 y Public Works Department U 1 z City of Apache N� Junction 'QRIZO Home of the Superstition Mountains Date: October 4, 2010 To Mayor and Members of the City Council Through George Hoffman, City Manager David Fern, Public Works Director From- Shane Kiesow, Public Works Manager Subject Intergovernmental Agreement with Arizona Department of Transportation Three years ago via a partnership with the Apache Junction Fire Department, the City installed emergency vehicle preemption (EVP) devises throughout many traffic signals within the city. Several of these installations were conducted with permission from ADOT on several of their traffic signals located within or on the edge of the City's borders. ADOT and City staff developed the enclosed IGA for City Council's consideration as a continuance of this effort This agreement will capitalize on joint savings for maintenance for both agencies in addition to adding a significant element of safety to ensure the EVP is properly maintained and in line with the rest of the City's signals This item is planned for possible consent on October 19th Regular Session 575 E Baseline Avenue, Apache Junction, AZ 85219 • Voice (480) 982-1055 • FAX (480) 983-5752 or(480) 982-8005 RESOLUTION NO. 10-37 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AUTHORIZING THE CITY TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT WITH ARIZONA DEPARTMENT OF TRANSPORTATION FOR TRAFFIC SIGNAL EMERGENCY VEHICLE PREEMPTION MAINTENANCE. AM th, WHEREAS, the City of Apache Junction and the Arizona Department of Transportation ("ADOT") desire to enter into an intergovernmental agreement for the maintenance of emergency vehicle preemption devices on select ADOT traffic signals within the city; and WHEREAS, mutual cooperation in providing related governmental services, materials and equipment will result in public savings to both entities; and WHEREAS, pursuant to A.R.S . §§ 11-952 (A) and 28-401, public entities may enter into agreements with each other for joint or cooperative activities . NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION ARIZONA, AS FOLLOWS • 1) The Mayor and City Council hereby approve the attached intergovernmental agreement between the City of Apache Junction and the Arizona Department of Transportation and the Mayor is hereby authorized to sign the agreement on behalf of the City. 2) The City Manager and/or his designee is authorized and directed to take all steps necessary to carry out the purpose and intent of this resolution. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS DAY OF , 2010 . SIGNED AND ATTESTED TO THIS DAY OF , 2010 . JOHN S . INSALACO Mayor RESOLUTION NO. 10-37 PAGE 1 OF 2 ATTEST: KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM• RICHARD J. STERN City Attorney RESOLUTION NO. 10-37 PAGE 2 OF 2 a ATTACHMENT A ADOT File No • IGA/JPA 09-165-I AG Contract No P001 2010 003048 Project. Master Electrical Maintenance Section' City Limits TRACS No.. MAINTAGR Budget Source Item No.: n/a INTERGOVERNMENTAL AGREEMENT BETWEEN THE STATE OF ARIZONA AND CITY OF APACHE JUNCTION THIS AGREEMENT is entered into this date , 2010, pursuant to the Arizona Revised Statutes § 11-951 through 11-954, as amended, between the STATE OF ARIZONA, acting by and through its DEPARTMENT OF TRANSPORTATION (the "State") and the CITY OF APACHE JUNCTION, acting by and through its MAYOR and CITY COUNCIL (the "City") The State and the City are collectively referred to as "Parties" THIS AGREEMENT, relative to the maintenance of all signal electrical elements included herein, will work in concert with the agreement(s) listed below and any subsequent amendments In the event question(s) arise, this Agreement will take precedence ADOT FILE NO. A.G. CONTRACT NO. SECRETARY OF STATE FILE NO. JPA 05-111 KR06-0322TRN 28264 JPA 93-076 KR93-1425TRN 17144 I. RECITALS 1 The State is empowered by Arizona Revised Statutes § 28-401 to enter into this Agreement and has delegated to the undersigned the authority to execute this Agreement on behalf of the State. 2 The City is empowered by Arizona Revised Statutes § 48-572 to enter into this Agreement and has by resolution, a copy of which is attached hereto and made a part hereof, resolved to enter into this Agreement and has authorized the undersigned to execute this Agreement on behalf of the City 3 The Parties agree it is necessary and desirable for the safety and protection of the traveling public, that certain operation and maintenance activities be provided for electrical facilities within City limits on SR 88, US60 and old US60 (Apache Trail) Said facilities include traffic signals, related intersection lighting and emergency vehicle preemption (EVP) equipment for locations listed on Exhibit A, attached hereto and made a part hereof. 4 The Parties hereto agree to and acknowledge the following conditions a) the Parties shall perform their responsibilities consistent with this Agreement, and b) any change or modification will only occur with the mutual written consent of both Parties by amendment to this Agreement THEREFORE, in consideration of the mutual Agreements expressed herein, it is agreed as follows- SCOPE OF WORK 1 The State will a Be responsible for all bluestaking, operation and maintenance of traffic signals, related intersection (traffic signal) lighting and EVP equipment per Exhibit A Operation and maintenance shall .., include, but is not limited to, any traffic signal timing adjustments and replacement of component replacement parts for State-owned facilities,with the exception of EVP components. b. Be responsible for monthly telephone charges for traffic signal interconnect circuits when utilized c Provide maintenance to the EVP system, including an annual inspection of the EVP systems with personnel from the City, and keeping up-to-date records of all inspections Upon completion and acceptance of EVP installation by the City of EVP systems, obtain training for State maintenance personnel from the City, along with bench stock EVP parts 2. The City will a Be responsible for the cost of electrical power to operate traffic signals and related signal/intersection lighting, all at City expense, at locations on Exhibit A unless so noted. b Provide and install EVP equipment at project locations under this Agreement, all at City expense c Cause a representative of the EVP supplier or manufacturer to be present during installation and initial operational tests Said representative shall provide State maintenance personnel any needed training at City expense for EVP equipment, including all applicable aspects of installation, operation and maintenance of the EVP system d Provide the State one emitter for testing the EVP system at no cost to the State e. Maintain a reasonable inventory of replacement EVP parts necessary for repair of all the equipment f Provide personnel to coordinate with the State on their annual inspections of the EVP systems for locations under this Agreement III. MISCELLANEOUS PROVISIONS 1 The terms, conditions and provisions of this Agreement shall remain in full force and effect and are incorporated herein However, it is understood and agreed that, in the event the City fails to budget or provide for electrical power, as set forth in this Agreement, the State shall in no way be obligated to be responsible Further, this Agreement may be cancelled at any time upon sixty days (60) written notice to the other party Each Party's obligations shall survive any termination of this Agreement, as they are perpetual, unless amended or turned over to the other Party 2. Each party (as "indemnitor") agrees to indemnify, defend, and hold harmless the other party (as "indemnitee")from and against any and all claims, losses, liability, costs or other expenses (including, but not limited to, reasonable attorneys' fees) (hereinafter collectively referred to as "claims") arising out of Auk bodily injury of any person (including death), property damage and any other claims (including, but not limited to, claims of derivative or vicarious liability), which are caused by the act, omission, negligence, misconduct or other fault of the indemnitor, its officers, officials, agents, employees or volunteers. 3 This Agreement shall become effective upon signing and dating of the Determination Letter by the State's Attorney General 4. This Agreement may be cancelled in accordance with Arizona Revised Statutes§ 38-511 5 To the extent applicable under law, the provisions set forth in Arizona Revised Statutes § 35-214 and § 35-215 shall apply to this Agreement 6 In the event of any controversy, which may arise out of this Agreement, the Parties hereto agree to abide by required arbitration as is set forth for public works contracts in Arizona Revised Statutes § 12- 1518 7 All notices or demands upon any party to this Agreement shall be in writing and shall be delivered in person or sent by mail, addressed as follows Arizona Department of Transportation City of Apache Junction Joint Project Administration Attn Public Works Director 205 S 17th Avenue, Mail Drop 637E 300 E. Superstition Blvd. Phoenix, Arizona 85007 Apache Junction, AZ 85119 (602) 712-7124 (480) 982-1055 (602) 712-3132 Fax (480)474-5110 Fax 8 This Agreement is subject to all applicable provisions of the Americans with Disabilities Act (Public Law 101-336, 42 U.S.C. 12101-12213) and all applicable Federal regulations under the Act, including 28 CFR Parts 35 and 36 The parties to this Agreement shall comply with Executive Order Number 09-09 issued by the Governor of the State of Arizona and incorporated herein by reference regarding"Non-Discrimination" 9 Non-Availability of Funds Every payment obligation of the State under this Agreement is conditioned upon the availability of funds appropriated or allocated for the payment of such obligations If funds are not allocated and available for the continuance of this Agreement, this Agreement may be terminated by the State at the end of the period for which the funds are available. No liability shall accrue ... to the State in the event this provision is exercised, and the State shall not be obligated or liable for any future payments as a result of termination under this paragraph. 10. Compliance requirements for Arizona Revised Statutes § 41-4401—immigration laws and E-Verify requirement a The City warrants compliance with all Federal immigration laws and regulations relating to employees and warrants its compliance with Arizona Revised Statutes§23-214, Subsection A b A breach of a warranty regarding compliance with immigration laws and regulations shall be deemed a material breach of the contract, and the City may be subject to penalties up to and including termination of the Agreement c The State retains the legal right to inspect the papers of any employee who works on the Project to ensure that the City or subcontractor is complying with the warranty under paragraph (a) 11 Pursuant to Arizona Revised Statutes § 35-391 06 and § 35-393 06, each Party certifies that it does not have a scrutinized business operation in Sudan or Iran. For the purpose of this Section the term "scrutinized business operations" shall have the meanings set forth in Arizona Revised Statutes § 35-391 and/or § 35-393, as applicable If any Party determines that another Party submitted a false certification, that Party may impose remedies as provided by law including terminating this Agreement 12 In accordance with Arizona Revised Statutes § 11-952 (D) attached hereto and incorporated herein is the written determination of each party's legal counsel and that the parties are authorized under the laws of this State to enter into this Agreement and that the Agreement is in proper form. IN WITNESS WHEREOF, the Parties have executed this Agreement the day and year first above written. CITY OF APACHE JUNCTION STATE OF ARIZONA Department of Transportation By By JOHN S. INSALACO SAM MAROUFKHANI, P.E. Mayor Deputy State Engineer, Development ATTEST By KATHY CONNELLY City Clerk IGA/JPA 09-165-I ATTORNEY APPROVAL FORM FOR THE CITY OF APACHE JUNCTION I have reviewed the above referenced Intergovernmental Agreement between the State of Arizona, acting by and through its DEPARTMENT OF TRANSPORTATION, and the CITY OF APACHE JUNCTION, an Agreement among public agencies which, has been reviewed pursuant to Arizona Revised Statutes § 11-951 through § 11-954 and declare this Agreement to be in proper form and within the powers and authority granted to the City under the laws of the State of Arizona No opinion is expressed as to the authority of the State to enter into this Agreement. DATED this day of , 2010 City Attorney EXHIBIT A IGA/JPA 09 165-I REGION 1 ADOT Maintenance MILE ELECTRIC POWER TURN ON GEOGRAPHIC ROUTE LOCATION UNIT POST ROIOT PAID CO DATE LOCATION COMMENTS BY Intersection in Apache Junction City'Limits US6DE a Old Neat Highway 3680A 194 02 HOOT City SRP 10/30/84 Apache Junction &Meridian Drive U660 a Ironwood Drive 3130E 195 40 ADOT City SRP 08/16/91 Apache Junction U660 a Idaho Road (6A89) 3160B 196 40 ADOT City SSP 08/21/91 Apache Junction US60 a Mountain View Rd E 3250B 199,71 ADOT City SRP 07/09/03 Apache Junction 4802 E Highway 60 U660 a Tomahawk Road 3190E 197 39 MOT City SRP 09/17/91 Apache Junction 3195 S Tomahawk Rd US60 it Goldfield Road 32208 198 39 ADOT City SUP 08/16/91 Apache Junction U860 a Superstition Mountain Dr 32808 201 15 ADOT Pinal SRP 12/27/00 Apache Junction 5348 8 Superstition Dr SRBB a Southern Avenue 0390E 194 38 HOOT City SOP 11/17/94 Apache Junction SRBB a 16th Ave 3770A 195 86 ADOT City SRP 12/27/07 Apache Junction By Fire Station JPA2005 111 SRBB a Broadway Avenue , 0350B 195 37 ADOT City SRP 01/08/93 Apache Junction SR88 a Old US60 3710A 195 73 ADOT City SRP 11/27/94 Apache Junction SR98 e N Apache Trail 03808 196 14 ADOT City SRP 01/15/93 Apache Junction 1 PpP.CHf �` An. G ° =2�o c y of Apache Junction U ? 2 / Home of the Super chtioir Mountains �RfION/ Print TO: City Manager's Office FROM: Bryant Powell, Assistant City Manager DATE: October 4, 2010 Agenda Type : Work Session Agenda Council Priority Focus Area: TITLE OF AGENDA ITEM: PRESENTATION AND DISCUSSION ON NEAR-TERM DOWNTOWN IMPLEMENTATION STRATEGY. ACTION REQUESTED: DISCUSSION/BACKGROUND INFORMATION: FISCAL IMPACT: OPTIONS/ALTERNATIVES: RECOMMENDATION: ATTACHMENTS: Click to download No Attachments Available O� rpACHf�Gy� �► z City of Apache Junction Home qf the .S uperstitron Mountains gRrzoNr al Print TO: City Manager's Office FROM: Kathy Connelly, City Clerk DATE: October 4,2010 ... Agenda Type : Work Session Agenda Council Priority Focus Area: Budgeted Operational Item TITLE OF AGENDA ITEM: DISCUSSION ON THE CONTINUATION OF THE RIDE CHOICE PROGRAM FOR FISCAL YEAR 2010-2011. ACTION REQUESTED: Presentation and Discussion DISCUSSION/BACKGROUND INFORMATION: This program began as Enabling Transportation ("ET") in January 2004 with funding continued for Fiscal Year 2004-05 through 2009-10 under the new name of"Ride Choice". This item allows the opportunity to discuss continuation of the program. The suggested funding level is$26,432 which is the same as FY 09-10. FISCAL IMPACT: Budgeted Expenditure OPTIONS/ALTERNATIVES: '6'RECOMMENDATION: The agreement would be placed on the October 5 consent agenda ATTACHMENTS: Click to download D Agreement PROFESSIONAL SERVICES AGREEMENT WITH EAST VALLEY ADULT RESOURCES, INC. FOR MILEAGE REIMBURSEMENT INCENTIVE PROGRAM ("RIDE CHOICE") THIS AGREEMENT is made and entered into this day of 2010, by and between the CITY OF APACHE JUNCTION, ARIZONA, an Arizona municipal corporation ("City") and EAST VALLEY ADULT RESOURCES, INC , a 501(c)(3) non-profit corporation ("Contractor") for the project entitled "Mileage Reimbursement Incentive Program"(also known as"Ride Choice") WHEREAS, in previous Town Hall meetings with citizens, transportation was identified as an important issue within the City of Apache Junction,and WHEREAS, the City has historically assisted the elderly and disabled in their transportation needs as a public service,and WHEREAS, Arizona Revised Statutes Annotated ("A R S ") § 9-500.11(A) allows the City to appropriate and spend public monies for and in connection with economic development activities;and WHEREAS, A R S § 9-500.11(c) defines "economic development activities" to include any project assistance, undertaking, program or study that the City Council finds and determines to improve and enhance the economic welfare of the inhabitants of the City,and WHEREAS, the City finds that assisting the elderly and disabled in their transportation needs is an important and valuable service which enhances the economic welfare of inhabitants in the City,and WHEREAS,an objective of the 1999 General Plan Circulation Element is to provide alternative transportation opportunities by providing low cost transportation for the elderly, and WHEREAS, Contractor's Ride Choice program is a mileage reimbursement program that was initiated in the City of Mesa in 1999, and WHEREAS, in 2003,the Apache Junction Mayor and City Council approved Eleven Thousand Five Hundred Dollars ($11,500 00) for the planning and initial implementation of the Enabling Transportation ("ET") Program for Fiscal Year 2003-2004; and WHEREAS, service began in January 2004 in the City of Apache Junction for the elderly;and 1 WHEREAS, in August 2004, September 2005, and September 2006 the Apache Junction Mayor and City Council approved $30,000 for the continuation of the ET Program, now renamed as the "Ride Choice" Program. In 2007, the Mayor and City Council budgeted$33,960,in 2008 budgeted$33,040 and in 2009 budgeted$26,432 for the Ride Choice Program. NOW, THEREFORE, City agrees to retain and does hereby retain Contractor and Contractor agrees to provide the services required according to the terms and conditions and for the consideration set forth below 1. CONTRACTOR'S DUTIES. Contractor agrees to perform the following professional services in connection with the Project: A In General: Contractor will facilitate the Ride Choice to encourage drivers to provide transportation for persons who have difficulty utilizing existing transportation systems. The utilization of this reimbursement incentive is for the elderly(sixty(60)years old and over) and disabled adults (18 years of age and older), all of whom shall be residents of the City of Apache Junction. Trip purposes are restricted to the following primary destinations except for political activities excluding voting. Apache Junction Senior and Multigenerational Centers, medical appointments, grocery shopping, personal errands, banking, and volunteer work The incentive will provide reimbursement to enrollees (drivers) at a rate of forty-four cents ($0 44) per mile. Participants' reimbursement shall be limited to a monthly maximum of two hundred(200)miles. B. CertificationlMarketing. Contractor will be responsible for participant certification and reimbursement distribution Contractor staff will meet with social service providers who work with disabled adults and provide presentations to groups representing the disabled community to explain the service and how it is accessed. Information materials in the appropriate format will be developed in order to promote the service to disabled individuals. Marketing efforts shall include the development of promotional items, displays and marketing campaigns to current clients and potential clients to promote program usage 2 C Staff Support: Staff support shall include but not be limited to: participant certification, travel verification, reimbursement request authorization and payment distribution. Contractor will be responsible for all accounting and related record keeping 2. COMPENSATION• The Contractor shall be reimbursed for its reasonable costs in performing the services in an amount not exceed Twenty-Six Thousand Four Hundred Thirty-Two Dollars ($26,432) for the period of July 1, 2010 through June 30, 2011 as broken down more specifically in Section 4 below To receive payment, Contractor shall present to the City accurate and properly itemized invoices. Such invoices shall be presented monthly. All payments made to the Contractor under this Agreement are conditioned upon the City receiving the funds projected to be available for expenditure hereunder. The City shall not be liable for any purchases or contracts entered into by the Contractor in anticipation of receiving payments under this Agreement. 3. TERM This Agreement shall be effective beginning July 1, 2010 through June 30, 2011, and shall be subject to annual renewals as negotiated by the parties 4. CONTRACTOR'S BILLING. Contractor shall bill City with quarterly invoices within the budgeted amounts set forth below. City shall pay such billings within thirty (30) calendar days upon being presented acceptable invoices. Budget Request FY 2010-2011 Item Maximum Reimbursement Amount 1) Reimbursement $15,400 00 2)Staff support $10,000.00 3) Printing,postage,telephone $ 800.00 Average$80.00 per month 4) Marketing and Brochures,etc $ 232.00 Total $26,432.00 5. CONTRACTOR'S STANDARD OF PERFORMANCE While performing the services, Contractor shall exercise the reasonable professional care and skill customarily exercised by reputable 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 Consultant shall be responsible for all errors and omissions Contractor commits in the performance of this Agreement. 3 6 NOTICES: All notices to the other party required under this Agreement shall be in writing and sent by first class certified mail, postage prepaid,return receipt requested,addressed to the following personnel: If to City: City Manager City of Apache Junction 300 E.Superstition Blvd. Apache Junction,AZ 85119 And to City Attorney City of Apache Junction 300 E.Superstition Blvd Apache Junction,AZ 85119 If to Contractor: Daniel H.Taylor Executive Director 45 W. University Drive Suite A Mesa,AZ 85201-5831 7. TERMINATION: This Agreement may be terminated by either party upon fifteen (15) calendar days written notice If this Agreement is terminated, Contractor shall be paid for all uncontested services performed to the date of receipt of such termination notice. 8 SUBCONTRACTORS. The duties under this agreement cannot be subcontracted in any form. 9. RECORDS AND EXPENSES. 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. Contractor shall maintain financial records which enable the City to determine whether funds provided under this Agreement are being expended according to the budget supporting City funds as set forth in Section 4 of this Agreement.The City may also request Contractor to provide an accounting of expenses to be supplied to City within thirty (30) calendar days after the City makes such request. Should the City determine that Contractor has violated the budget limitations, the City may at its sole discretion terminate this Agreement pursuant to Section 7 above. 10. INSURANCE: The Contractor, at its own expense, shall purchase and maintain the herein stipulated minimum insurance with companies duly 4 licensed, 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 City,constitute a material breach of this Agreement The Contractor's insurance shall be primary insurance as respects the City, and any insurance or self-insurance maintained by City shall not contribute to it. Any failure to comply with the claim reporting provisions of the insurance policies or any breach of an insurance policy warranty shall not affect coverage afforded under the insurance policies to protect City The insurance policies, except Workers' Compensation, shall contain a waiver of transfer rights of recovery (subrogation) against City, its agents, officers, officials and employees for any claims arising out of Contractor's acts, errors, mistakes,omissions,work or service. The insurance policies may provide coverage which contains deductibles or self- insured retentions. Such deductible and/or self-insured retentions shall not be applicable with respect to the coverage provided to City under such policies The Contractor shall be solely responsible for the deductible and/or self 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. REQUIRED COVERAGE Commercial General Liability Contractor shall maintain Commercial General Liability insurance with a limit of not less than $1,000,000 for each occurrence with a $2,000,000 Products/Completed Operations Aggregate and a $2,000,000 General Aggregate limit. The policy shall include coverage for bodily injury, broad form property damage, personal injury, products and completed operations and blanket contractual coverage including, but not limited to, the liability assumed under the indemnification provisions of this Agreement, which coverage will be 5 at least as broad as that on Insurance Service Office, Inc. Policy Form No. CG 00011093, or any replacements 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 B, CG 20101185, and shall include coverage for Contractor's operations and products and completed operations If required by this Agreement, if Contractor sublets any part of the work, services or operations, Contractor shall purchase and maintain, at all times during prosecution of the work,services or operations under this Agreement,an Owner and Contractor's Protective Liability insurance policy for bodily injury and property damage, including death,which may arise in the prosecution of the Contractor's work, service or operations under this Agreement. 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 Commercial General Liability insurance. Automobile Liability Contractor shall maintain Commercial/Business Automobile Liability insurance with a combined single limit for bodily injury and property damage of not less than $1,000,000 each occurrence with respect to Contractor's owned, hired, and non-owned vehicles assigned to or used in performance of Contractor's work Coverage will be at least as broad as coverage code 1, "any auto", (Insurance Service Office, Inc. Policy Form CA 00011293, or any replacements thereof). Such insurance shall include coverage for loading and off loading hazards. If hazardous substances, materials or wastes are to be transported, MCS 90 endorsement shall be included and $5,000,000 per accident limits for bodily injury and property damage shall apply. Workers'Compensation Contractor shall carry Workers' Compensation insurance to cover obligations imposed by federal and state statutes having jurisdiction of Contractor's employees engaged in the performance of the work or services; and,Employer's Liability insurance of not less than$100,000 for each accident, $100,000 disease for each employee,and$500,000 disease policy limit. By execution of this Agreement,Contractor certifies as follows. 6 "I am aware and understand the provisions of A.R.S. § 23-900 et seq. which requires every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of this chapter, and I will comply with such provisions before commencing the performance of the work of this Agreement." If Contractor has no employees for whom workers' compensation insurance is required, Contractor shall submit a declaration or affidavit to City so stating and covenanting to obtain such insurance if and when Contractor employs any employees subject to coverage. Certificates of Insurance Prior to commencing work or services under this Agreement, Contractor shall furnish City with Certificates of Insurance, or formal endorsements as required by the Agreement, issued by Contractor's insurer(s), as evidence that policies providing the required coverages, conditions and limits required by this Agreement are in full force and effect and are maintained so during the term of this Agreement. The form of the certificates of insurance and endorsements shall be subject to the approval of the Apache Junction City Attorney's Office 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 If a policy does expire or is cancelled during the life of the Agreement,a renewal certificate must be sent to City thirty (30) days prior to the expiration or cancellation date. All Certificates of Insurance must include this thirty (30) day notice provision in its cancellation clause Failure to provide the thirty (30) day notice will constitute a material breach of contract. Policies or certificates and completed forms of City's Additional Insured Endorsement(or a substantially equivalent insurance company form acceptable to the City Attorney) evidencing the coverage required by this section shall be filed with the City at the time of execution of this Agreement and shall include the City , its Mayor, City Council, appointees and employees as an additional insured parties. The policy or policies shall be in the usual form of a public liability insurance, but shall also include the following provision: "Solely as respects work done by or on behalf of the named insured for the City of Apache Junction, it is agreed that the City of Apache Junction and its officers and employees are added as additional insureds under this policy." 7 11 RIGHT OF CITY TO CONTRACT WITH OTHERS. Nothing in this Agreement shall imply City is obligated to obtain the services described herein with only this particular consultant. 12. EXCUSABLE DELAYS: City and Contractor shall exert all efforts to perform their respective responsibilities under this Agreement. However, neither party shall hold the other party responsible for inability to render timely performance if such inability is a direct result of a force beyond its control, including but not limited to the following: strikes, lockouts, embargoes,failure of carriers, inability to obtain transportation facilities, acts of God or the public enemy, or other events beyond the control of the other or the other's employees and agents. 13 INDEMNIFICATION To the fullest extent permitted by law, Contractor shall defend, indemnify and hold harmless the City, its Mayor, City Council, agents, officers, officials and employees from and against all tortious claims, damages, losses and expenses (including but not limited to attorney fees, court costs, and the cost of appellate proceedings), relating to, arising out of, or alleged to have resulted from the acts, errors, mistakes, omissions, work or services of Contractor, its agents, employees, or any tier of Contractor's subconsultants in the performance of this Agreement. Contractor's duty to defend, hold harmless and indemnify City, its agents, officers, officials and employees shall arise in connection with any tortious claim, damage, loss or expense that is attributable to bodily injury, sickness, disease, death, or injury to, impairment, or destruction of property including loss of use resulting therefrom, caused by an Consultant's acts, errors, mistakes,omissions, work or services in the performance of this Agreement including any employee of the Contractor,any tier of Contractor's subconsultant or any other person for whose acts, errors, mistakes, omissions, work or services the Consultant 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 and such indemnification shall service the expiration or other termination of this Agreement. 14. WAIVER OF TERMS AND CONDITIONS The failure of City or Contractor to insist in any one or more instances on performance of any of the terms or conditions of this Agreement or to exercise any right or privilege contained herein shall not be considered as thereafter waiving such terms, conditions,rights or privileges,and they shall remain in full force and effect. 15. INDEPENDENT CONTRACTOR. Contractor shall at all times during Contractor's performance of the services retain Contractor's status as 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 8 obligation to pay or withhold state or federal taxes or provide workers' compensation or unemployment insurance for or on behalf of them or Consultant. 16. GOVERNING LAW AND VENUE: The terms and conditions of this Agreement shall be governed by and interpreted in accordance with the laws of the State of Arizona. Any action at law or in equity brought by either party for the purpose of enforcing a right or rights provided for in this Agreement, shall be tried in a court of competent jurisdiction in Pinal County, State of Arizona. The parties hereby waive all provisions of law providing for a change of venue in such proceeding to any other county and right to jury trial In the event either party shall bring suit to enforce any term of this Agreement or to recover any damages for and on account of the breach of any term or condition in this Agreement, it is mutually agreed that the prevailing party in such action shall recover all costs including: all litigation and appeal expenses, collection expenses, reasonable attorneys'fees, necessary witness fees and court costs to be determined by the court in such action. 17. OWNERSHIP OF RECORDS AND REPORTS All of the files, reports, documents, information as well as all data prepared or assembled in any other form by Contractor under this Agreement, shall be and shall remain the property of City and shall be forwarded to City at any time City requires such papers and files 18. LICENSE: Contractor represents and warrants that any license necessary to perform the work under this Agreement is current and valid Contractor understands that the activity described herein constitutes "doing business in the City of Apache Junction" and Contractor agrees to obtain a business tax license pursuant to Article 8-5 of the Apache Junction City Code and keep such license current during the term of this Agreement. Any activity by subconsultants within the corporate city limits,will invoke the same business tax regulations on any subconsultants, and Contractor ensures its subconsultants will obtain any required business tax license. 19. NONASSIGNMENT: This Agreement has been entered into based upon the personal reputation, expertise and qualifications of Contractor Neither party to this Agreement shall assign its interest in the Agreement, either in whole or in part. Contractor shall not assign any monies due or to become due to it hereunder without the prior written consent of City 20. ENTIRE AGREEMENT This Agreement and any attachments represent the entire agreement between City and Contractor and supersede all prior negotiations, representations or agreements, either express or implied, written or oral. 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. Written and signed 9 amendments shall automatically become part of the Supporting Documents,and shall supersede any inconsistent provision therein, provided, however, that any apparent inconsistency shall be resolved, if possible, by construing the provisions as mutually complementary and supplementary 21 SEVERABILITY: If any part, term or provision of this Agreement shall be held illegal, unenforceable or in conflict with any law, the validity of the remaining portions and provisions hereof shall not be affected 22. CONFLICTS OF INTEREST. The provisions of A.R.S. § 38-511 relating to cancellation of contracts due to conflicts of interest shall apply to this contract. 23. POLITICAL ACTIVITIES. As a community service-based organization, Consultant is a non-political organization. Employees are prohibited from engaging in any partisan political activity with respect to candidates for political office beyond the private expression of personal opinion, registering as a member of a political party, signing nomination petitions and voting in any special, primary or general election. No board member, officer or employee of Consultant shall solicit any contribution in cash or services from any Consultant employee to support any candidate for public office. No board member or officer shall use the name of Consultant, or use their affiliation with Consultant, to engage in any partisan political activity of any kind or to solicit any contribution in cash or services to support any candidate for public office. If a board member or officer should engage in said activities, they shall make it clear that they are doing so in their personal and private capacity, and are not associated with Consultant in any way, while engaging in said activity. The functions and activities of Consultant are non-political with respect to candidates for political office. Therefore, all board members, officers and employees will refrain from engaging in any partisan political activity, of whatsoever type or nature, while attending or participating in Consultant function or event. This includes the circulation or signing of nomination petitions or soliciting any contributions in cash or services from anyone to support any candidate for public office. IN WITNESS WHEREOF, the parties have caused this Agreement to be signed by their duly authorized representatives as of the day and year first above written CONSULTANT: By: DANIEL TAYLOR Title: Executive Director 10 CITY OF APACHE JUNCTION, an Arizona municipal corporation By: JOHN S. INSALACO Title: Mayor ATTEST: KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM 4 _ q'26'10 RICHARD J. STERN City Attorney 11