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HomeMy WebLinkAbout2011 02.28 City Council Work Session Agenda .fir CHGy �- City of Apache Junct• ion I Nome of the Srrpet:ctrtton Alountains 4R1zot APACHE JUNCTION CITY COUNCIL WORK SESSION CITY COUNCIL CHAMBERS 300 EAST SUPERSTITION BOULEVARD APACHE JUNCTION,ARIZONA 85219 Monday, February 28,2011 7:00 PM AGENDA 1. CALL TO ORDER. 2. ROLL CALL. 3. PRESENTATION AND DISCUSSION ON PW 2010-07,AWARD OF BID FOR WINCHESTER ROAD IMPROVEMENTS PROJECT TO NESBITT CONTRACTING CO.,INC.IN AN AMOUNT NOT TO EXCEED$1,001,546.12.. Staff will discuss the bid,opened on February 2,2011,for street improvements on Winchester Rd between 16th Ave and Old West Highway. Ten bids were received. The lowest most responsible bid was submitted by Nesbitt Contracting Co, Inc in the amount of$910,496 47 plus a 10%contingency fee of$91,049.65 for a total of$1,001,546 12 4. PRESENTATION AND DISCUSSION ON PROPOSED RESOLUTION NO. 11-01,DECLARING THAT A PORTION OF A PUBLIC ROADWAY EASEMENT LOCATED ON THIRD AVENUE BETWEEN SOLANA ROAD AND STARR ROAD AS SET FORTH IN EXTINGUISHMENT CASE EX 11-01 IS NO LONGER NECESSARY FOR PUBLIC USE. An extinguishment of a roadway easement on Third Avenue between Solana Road and Starr Road has been requested by the adjacent property owners who desire use of these areas Staff has reviewed the submittal and has no technical objections since the use of the federally patented easement is not feasible or needed. Resolution No. 11-01 extinguishes the above-noted easement for public roadway and right-of- way purposes "4"5. PRESENTATION AND DISCUSSION ON PROJECT PW 2010-19,AWARD OF BID FOR PURCHASE AND INSTALLATION OF ABOVE GROUND FUEL TANKS LOCATED AT THE PUBLIC WORKS YARD TO FRYE CONSTRUCTION,INC.IN AN AMOUNT NOT TO EXCEED$201,047.67. Staff will discuss the bid,opened on January 27,2011,for the purchase and installation of above ground fuel tanks. Three bids were received The lowest most responsible bid was submitted by Frye Construction,Inc.in the amount of$182,770 61 plus a 10%contingency fee of $18,277 06 for a total of$201,047 67 A portion of this project will be funded by a Department of Energy grant received by the city in the amount of$75,000 00 6. 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. or ACHE 1.4 City of ache Junction Home of the .Supe/:f/ltio/1 Mountains 4QizOtr rEEI Print TO: City Manager's Office FROM: Giao Pham, P.E., Interim Public Works Director DATE: February 28,2011 Ink Agenda Type : Work Session Agenda Council Priority Focus Area: Community Infrastructure TITLE OF AGENDA ITEM: PRESENTATION AND DISCUSSION ON PW 2010-07, AWARD OF BID FOR WINCHESTER ROAD IMPROVEMENTS PROJECT TO NESBITT CONTRACTING CO , INC IN AN AMOUNT NOT TO EXCEED$1,001,546.12.. ACTION REQUESTED: Presentation and Discussion DISCUSSION/ BACKGROUND INFORMATION: Staff will discuss the bid, opened on February 2, 2011,for street improvements on Winchester Rd between 16th Ave and Old West Highway. Ten bids were received The lowest most responsible bid was submitted by Nesbitt Contracting Co , Inc in the amount of$910,496.47 plus a 10%contingency fee of$91,049 65 for a total of$1,001,546 12 FISCAL IMPACT: Budgeted Expenditure OPTIONS/ALTERNATIVES: RECOMMENDATION: ATTACHMENTS: Click to download O Memo to Council O Construction Contract THERE IS ADDITIONAL INFORMATION ON THIS ITEM IN THE REGULAR MEETING SECTION UNDER ITEM :3 is?AC fit L ° �0= City qfApache junction Z Home of the Si/pewit/on *I oantains 8 Print TO: City Manager's Office FROM: Giao Pham, P.E., Interim Public Works Director DATE: February 28, 2011 Agenda Type : Work Session Agenda Council Priority Focus Area: Community Development TITLE OF AGENDA ITEM: PRESENTATION AND DISCUSSION ON PROPOSED RESOLUTION NO 11-01, DECLARING THAT A PORTION OF A PUBLIC ROADWAY EASEMENT LOCATED ON THIRD AVENUE BETWEEN SOLANA ROAD AND STARR ROAD AS SET FORTH IN EXTINGUISHMENT CASE EX 11-01 IS NO LONGER NECESSARY FOR PUBLIC USE. ACTION REQUESTED: Presentation and Discussion DISCUSSION/ BACKGROUND INFORMATION: An extinguishment of a roadway easement on Third Avenue between Solana Road and Starr Road has been requested by the adjacent property owners who desire use of these areas. Staff has reviewed the submittal and has no technical objections since the use of the federally patented easement is not feasible or needed. Resolution No 11-01 extinguishes the above-noted easement for public roadway and right-of-way purposes FISCAL IMPACT: Budgetary Approval Not Required OPTIONS/ALTERNATIVES: RECOMMENDATION: ATTACHMENTS: Click to download D Memo to Council D Resolution No 11-01 PppCHLr o Gy Public Works Department Ca E5 lf Ateat 44,44iert,04.1. Home of the Superstition Mountains gRIZONP Date. February 15, 2011 To. Honorable Mayor and Members of the City Council Through. George Hoffman, City Manager From. Giao Pham P E , Interim Public Works Director Subject. Extinguishment of Federally Patented Easement on Third Ave. Between Solana Rd and Starr Rd. Proposed Resolution No 11-01 Federal Patent Easements (FPEs) are a means whereby property is accessed by our citizens in portions of Apache Junction. FPEs were established as a means to provide public roadway access to Federal Patent parcels, and to mitigate the need of local government to acquire right-of-way to provide access to otherwise landlocked parcels FPEs are typically a total of 66 feet in width with 33 feet on each side of a common parcel line. Third Ave. between Solana Rd and Starr Rd has never been opened or maintained by the City for public use The roadway is classified as a local roadway In addition, the FPE does not maintain access to any landlocked properties and adequate access to public rights-of-way would be available. Area transportation would not be adversely affected. David and Katherine Boron filed an application for the extinguishment on Third Ave. between Solana Rd and Starr Rd The application included a support petition signed by Philip and Lucy Ann Schmidt the adjacent property owner's, who also desire the extinguishment. The property owners desire the use of the 33 feet for reduction of setbacks and feel that additional roads are unnecessary in that area. 575 E Baseline Avenue, Apache Junction, AZ 85119 • Voice (480) 982-1055 • FAX (480)983-5752 or(480)982-8005 As RESOLUTION NO. 11-01 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, DECLARING THAT PORTIONS OF PUBLIC ROADWAY EASEMENTS LOCATED ON THIRD AVENUE FROM SOLANA ROAD TO STARR ROAD AND DESCRIBED IN EXTINGUISHMENT CASE EX-11-01 ARE NO LONGER NECESSARY FOR PUBLIC USE AS Amok PUBLIC ROADWAY EASEMENTS AND ARE HEREBY EXTINGUISHED AS PRESENT OR FUTURE PUBLIC RIGHTS-OF-WAY. WHEREAS, the City upon incorporation became the holder of easements as described in Docket 162 Page 94 and Docket 229 Page 41, for public roadway purposes over certain parcels of real property described in Exhibit A and depicted in Exhibit B; and WHEREAS, pursuant to Apache Junction City Code § 13-2-4 (G) , on November 5, 2010, the fee simple owners of the property, Katherine A. Boron and David C. Boron, "Owners", filed an application, included a support petition signed by the adjacent property owners, Philip E Schmidt and Lucy Ann Schmidt with the Apache Junction Public Works Department to extinguish the roadway easements; and WHEREAS, such easements may be extinguished by local municipal governments pursuant to A.R.S . § 9-500 24 and 28-7214; and WHEREAS, on November 5, 2010, the Owners also paid the required non-refundable filing fee in application for the extinguishment request pursuant to Apache Junction City Code § 13-2-4 (H) ; and WHEREAS, pursuant to Apache Junction City Code § 13-2-4 (I) , the Director of Public Works on December 3, 2010, submitted copies of the application for comment to the Development Services Director, the Public Safety Director, the City Engineer, the Apache Junction Fire District, as well as all affected public utility providers; and WHEREAS, no opposition was received from Salt River Project, Southwest Gas, Arizona Water Company, and Superstition Mountain Community Facilities District to the extinguishment request. No response was received from Qwest Communications; and RESOLUTION NO. 11-01 PAGE 1 OF 3 Aar WHEREAS, the Public Works Director, the City Engineer, the Public Safety Department, the Development Services Department and the Fire District recommended extinguishment of the roadway easement; and WHEREAS, the extinguishment request, if approved, would not leave a parcel in separate ownership without access to an established public roadway or easement connecting such lands with another public roadway or easement; and WHEREAS, the City Engineer has determined that the easements in question because of their locations and typography, have no or de minimus public value. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA AS FOLLOWS. 1) The City Council of the City of Apache Junction, Arizona finds that the roadway easements described and depicted in Exhibits A and B are classified as local streets on the Street Classification Plan and are no longer necessary for roadway purposes and have no or de minimus public value. 2) The above-described easements are hereby extinguished for public roadway and right-of-way purposes . 3) Nothing in this approval extinguishes the utility easement interests of any public utility agencies/entities. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS DAY OF 2011 . it SIGNED AND ATTESTED TO THIS DAY OF , 2011 . JOHN S . INSALACO Mayor ATTEST• KATHLEEN CONNELLY RESOLUTION NO. 11-01 PAGE 2 OF 3 OmN City Clerk APPROVED AS TO FORM: RICHARD J. STERN City Attorney RESOLUTION NO. 11-01 PAGE 3 OF 3 Ask .0084, EXHIBIT A PARCEL 1 (Adjacent to parcel 103-05-031A) The North thirty-three feet (33' ) of the Southeast quarter of the Southeast quarter of the Northwest quarter of the Southeast quarter of Section 22, Township 1 North, Range 8 East of the AmIN Gila and Salt River Base and Meridian, Pinal County, Arizona; EXCEPT the East thirty-three feet (33' ) and the West thirty- three fee (33' ) THEREOF. PARCEL 2 (Adjacent to parcel 103-05-023B) The South thirty-three feet (33' ) of the Northeast quarter of the Southeast quarter of the Northwest quarter of the Southeast quarter of Section 22, Township 1 North, Range 8 East of the Gila and Salt River Base and Meridian, Pinal County, Arizona; EXCEPT the East thirty-three feet (33' ) and the West thirty- three feet (33' ) THEREOF. EXHIBIT "B" I I I I I I I I SECOND AVENUE I — — — — I — — — — 1 1 1 24A 1 1 23A 1 ' & I I I 0 1 ' ' p I o - - - - o - - - - o cc cc cc 1 I 24 B I 1 I 23 B I 1 J ...1 -- 33' ; 33' i 1-- 1 THIRD 1Y #4 1 _ _ T // 1 HI 33 33 I 1 I 029 1 31A I 1 I I 1 I Q I a .•. 0I - - - - < I - - - - QI U 0 I - 1 < I ( 1 I ' 030 1 1 1 31B I I II - - - -FOURTH AVENUE - 26 B SURROUNDING PARCELS —-— ROAD CENTERLINE V//APRTINGUISHMENT OPOSED E V EX APACHES .► �o of �City �rche junction V, Z J Notre of the Supers/won :t 1 oujltadjzf 4R,20NA g Print TO: City Manager's Office FROM. Shane Kiesow, Public Works Manager DATE: February 28, 2011 r Agenda Type : Work Session Agenda Council Priority Focus Area: Budgeted Operational Item TITLE OF AGENDA ITEM: PRESENTATION AND DISCUSSION ON PROJECT PW 2010-19, AWARD OF BID FOR PURCHASE AND INSTALLATION OF ABOVE GROUND FUEL TANKS LOCATED AT THE PUBLIC WORKS YARD TO FRYE CONSTRUCTION, INC IN AN AMOUNT NOT TO EXCEED$201,047 67 ACTION REQUESTED: Presentation and Discussion DISCUSSION/BACKGROUND INFORMATION: Staff will discuss the bid, opened on January 27, 2011,for the purchase and installation of above ground fuel tanks. Three bids were received. The lowest most responsible bid was submitted by Frye Construction, Inc. in the amount of$182,770 61 plus a 10%contingency fee of$18,277.06 for a total of$201,047.67. A portion of this project will be funded by a Department of Energy grant received by the city in the amount of$75,000.00 FISCAL IMPACT: Budgeted Expenditure OPTIONS/ALTERNATIVES: RECOMMENDATION: Discussion ATTACHMENTS: Click to download D Fuel Tanks Memo 0 Fuel Tanks Proposed Agreement csbAcHE 0110111k, Public Works Department z /4e% Home of the Superstition Mountains 4442O1'1 Date February 16, 2011 To: Mayor and Members of City Council Thru George Hoffman, City Manager Giao Pham, Interim Public works Director From. Shane Kiesow, Public Works Manager Subject' PW 2010-19 Purchase and Installation of Above Ground Fuel Tanks Staff solicited a request for proposal to purchase and install above ground fuel tanks that will be located at the Public Works Yard These tanks would replace existing twenty-one year old underground fuel tanks The bid opening was January 27, 2011 where the following three (3) requests for proposals were received. All proposals were reviewed for responsibility and responsiveness, technical ability/merit, financial viability, references, and pricing. Frye Construction, Inc $40,765.00 purchase of tank $111,340 19 installation $30,665.42 Alternate#2 Kear Civil Corporation $69,000 00 purchase of tank $344,000.00 installation n/a Alternate# 2 A & H Contracting Services, Inc $49,283 00 purchase of tank $198,100 00 installation $27,800 00 Alternate#2 Staff requests City Council to give consideration of award of contract to Frye Construction, Inc. 575 E Baseline Avenue, Apache Junction, AZ 85219 • Voice(480) 982-1055 • FAX(480)983-5752 or(480)982-8005 CITY OF APACHE JUNCTION AGREEMENT FOR PURCHASE AND INSTALLATION OF ABOVE GROUND FUEL TANKS PROJECT PW # 2010-19 THIS AGREEMENT made and entered into by and between the CITY OF APACHE JUNCTION ("City") , an Arizona municipal corporation, and , an Arizona corporation ("Contractor") . RECITALS A. Contractor has responded to City' s request for proposal via PW 2010-19, in which Contractor asserts its willingness, ability and qualifications to provide this work and service B. City and Contractor desire to set forth herein their respective responsibilities and the manner and terms upon which Contractor shall render the services . C City has complied with the public bidding requirements under Arizona Revised Statute Title 34 and Apache Junction City code Article 3-7 AGREEMENT NOW, THEREFORE, City retains Contractor to perform, and Contractor agrees to render the services in accordance with the terms and conditions set forth as follows. .400. 1. PROJECT DESCRIPTION: Contractor shall do and perform or cause to be done and performed in a good workmanlike manner, the work in accordance with the contract documents as fully described in the Notice Inviting bid Proposals for Project No. PW 2010-19 which includes all required specifications 2. PAYMENTS & COMPLETION: The contract shall be the amount payable by the City to the Contractor in the amounts of. (Unit pricing here) for the performance of the work under the contract documents except for changes authorized by properly executed change orders. All contracts will be operable for their full term at the rates quoted in the initial bid proposal, unless otherwise extended in writing by the City. Upon notice that the work is ready for final inspection or r acceptance, City representative shall promptly cause to be made an inspection. When City finds the work acceptable under the contract documents, City shall promptly submit for processing a certificate for payment stating that to the best of their knowledge, information and belief and on the basis of its observation and inspection, the work has been completed in accordance with the terms and conditions of the contract documents and that partial payment or the entire balance due the Contractor is payable. No final payment shall become due until ems the Contractor submits to the all required lien waivers, releases and any other data establishing payment or satisfaction of all Contractor' s obligations. If any Subcontractor refuses to furnish a release or waiver required by City, Contractor may furnish a bond satisfactory to the owner to indemnify City against any such lien. If any such lien remains unsatisfied after all payments are made, Contractor shall refund to City all monies that the latter may be compelled to pay in discharging such liens, including all costs and reasonable attorneys fees. 3 CONTRACT TERM: The terms of this Contract shall be from the date of written notice of the acceptance of the proposal by the City Council to June 30, 2011 This provision does not limit the liability of the Contractor for actual damages sustained by the City as a result of any breach of contract or warranty by the Contractor. 1 . LIQUIDATED DAMAGES: Contractor hereby fixes the time for beginning work no later than June 1, 2011 Failure to complete by, June 30, 2011 to the satisfaction of the Director of Public Works will cause a loss to the City. Bidder hereby acknowledges that such loss could cause City resulting damages. Consequently, liquidated damages per M.A.G Table 108 will be deducted from the final payment for each calendar day the work is incomplete after June 30, 2011 . 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 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 the Building Codes adopted by the City of Apache Junction. Contractor further agrees to make such corrections to the work as may be directed by City to conform to said Contract Documents without requirement of Change Order or any additional charge or cost to City whatsoever 7. WARRANTY: Contractor shall guarantee the work against defective workmanship or materials for a period of one year from the date of its final acceptance under the contract; ordinary wear and tear and unusual abuse or neglect excepted. Any omission on the part of City to condemn defective work or materials at the time of construction shall not be deemed an acceptance and Contractor will be required to correct defective work or materials at any time before final acceptance. Within one year from the date of final acceptance due to faults in workmanship or materials, the Contractor shall begin making the necessary repairs to the satisfaction of City within fourteen (14) calendar days of receipt of written notice from City. Such work shall include the repair or replacement of other work or materials damaged or affected by making the above repairs or corrective work all at no additional cost to City. In the case of work materials or equipment for which warranties are required by the special provisions, Contractor shall provide or secure from the appropriate sub-contractor or supplier such warranties addressed to and in favor of City and deliver same to City prior to final acceptance of the work. Delivery of such warranties shall not relieve Contractor from any obligation assumed under any other provision of the contract. The warranties and guarantees provided in this subsection of the contract documents shall be in addition to and not in limitation of any other warrantees, guarantees or remedies required by law, and shall survive the expiration of this Agreement for the time period mentioned above. 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. Contractor understands that the activity described herein constitutes "doing business in the City of Apache Junction" and Contractor agrees to obtain a business tax license pursuant to Article 8-5 of the Apache Junction City Code and keep such license current during the term of this Agreement and after termination of this Agreement any time work is performed pursuant es ems to the warranty provisions set forth in Section 5 Any activity by subcontractors within the corporate city limits, will invoke the same business tax regulations on any subcontractors, and Contractor ensures its subcontractors will obtain any required business tax license. 10. 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 topayor withhold state or federal taxes, or provideworkers compensation or unemployment insurance for or on behalf of them or Contractor. Contractor shall supervise and direct the delivery of the materials using its best skill and attention. Except as provided in this Agreement, Contractor shall be solely responsible for all construction means, methods, techniques, sequences and procedures, and for coordinating all portions of the work re quired uired bythe contract do cuments. Contractor shall be responsible to City for the acts and omissions of its employees, sub-contractors and their agents and employees and other persons providing any of the materials under any contract document. 11. 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 will be: Name- Phone: Cell Phone: Emergency Phone: Email Address: Address: 12. PROGRESS SCHEDULE: Contractor shall, immediately after entering into this Agreement, generate an estimated progress schedule. Said progress schedule shall be maintained and updated during the project. 13. INDEMNIFICATIONS: Contractor shall defend indemnify and hold harmless City, its, agents, officers, officials and employees, from and against tortious claims, damages, losses and expenses (including but not limited to attorney fees, court costs and the cost of appellate proceedings) , relating to, arising out eN of, or alleged to have resulted from the acts, errors, mistakes, omissions, work or services of Contractor, its agents, employees, or any tier of Contractor' s subcontractor or any other person for whose acts, errors, mistakes, omissions, work or services Contractor may be legally liable. The amount and type of insurance coverage requirements set forth herein will in no way be construed as limiting the scope of the indemnity in this paragraph. 14. 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. 15. 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. 16. INSURANCE: Contractor, at its own expense, shall purchase and maintain the herein stipulated minimum insurance with companies duly licensed in the State of Arizona, possessing a current A.M Best, Inc. Rating of B++6, or approved unlicensed in the State of Arizona with policies and forms satisfactory to City. All insurance required herein shall be maintained in full force and effect until all work or service required to be performed under the terms of the Agreement is satisfactorily completed and formally accepted; failure to do so may, at the sole discretion of the City constitute a material breach of this Agreement. Contractor' s insurance shall be primary insurance as respect to City, and any insurance or self-insurance maintained by City shall not contribute to it. Any failure to comply with the claim reporting provisions of the insurance policies or any breach of an insurance policy warranty shall not affect coverage afforded under the insurance policies to protect City. The insurance policies, except Workers Compensation, shall contain waiver of transfer rights of recovery (subrogation) /'1 !^ against City, its agents, officers, officials and employees for any claims arising out of Contractor' s acts, errors, mistakes, omissions, work or services The insurance policies may provide coverage which contains deductibles or self-insured retentions . Such deductible and/or self-insured retentions shall not be applicable with respect to the coverage provided to City under such policies. Contractor shall be solely responsible for the deductible and/or self- insured retention and City, at its option, may require Contractor to secure payment of such deductibles or self-insured retentions by a Surety Bond or an irrevocable and unconditional letter of credit City reserves the right to request and to receive within ten (10) working days, certified copies of any or all of the herein required insurance policies and/or endorsements. City shall not be obligated, however, to review same or to advise Contractor of any deficiencies in such policies and endorsements, and such receipt shall not relieve Contractor from, or be deemed a waiver of City' s right to insist on strict fulfillment of Contractor' s obligations under this Agreement. The insurance policies, except Workers Compensation, required by this Agreement, shall name City, its agent, officers, officials and employees as additional insured parties. REQUIRED COVERAGE Commercial General Liability Contractor shall maintain Commercial General Liability insurance with a limit of not less than $1, 000, 000 for each occurrence with a $2, 000, 000 Products/Completed Operations Aggregate and a $2, 000, 000 General Aggregate Limit. The policy shall include coverage for bodily injury, broad form property damage, personal injury, products and completed operations and blanket contractual coverage including, but not limited to, the liability assumed under the indemnification provisions of this Agreement which coverage will be at least as broad as Insurance Service Office, Inc. Policy Form CG 00011-93 or any replacement thereof. Such policy shall contain a severability of interest provision, and shall not contain a sunset provision or commutation clause, nor any provision which would serve to limit third party action over claims. The Commercial General Liability additional insured endorsement shall be at least as broad as the Insurance Service Office Inc. ' s Additional Insured, Form CG 20101185, and shall include coverage for Contractor' s operations and products and completed operations If required by this Agreement, if Contractor sublets any part of the work, services or operations, Contractor shall purchase and maintain, at all times during prosecution of the work, services or operations under this Agreement, City and Contractor' s Protective Liability insurance policy for bodily injury and property damage, including death, which may arise in the prosecution of the Contractor' s work, service or operations under this Contract. Coverage shall be on an occurrence basis with a limit not less than $1, 000, 000 per occurrence, and the policy shall be issued by the same insurance company that issues Contractor' s General Liability insurance ^ Workers Compensation Contractor shall carry Workers Compensation insurance to cover obligations imposed by federal and state statutes having jurisdiction of Contractor' s employees engaged in the performance of the work or services; and Employer' s Liability insurance of not less than $100, 000 for each accident, $100, 000 disease for each employee, and $500, 000 disease policy limit . In case any work is subcontracted, Contractor will require subcontractor to provide Workers Compensation and Employer' s Liability to at least the same extent as required of Contractor. CERTIFICATE OF INSURANCE Prior to commencing work or services under this Agreement, Contractor shall furnish the City with Certificates of Insurance, or formal endorsements as required by Agreement, issued by Contractor' s insurer (s) , as evidence that policies providing the required coverages, conditions and limits required by this Agreement are in full force and effect. In the event any insurance policies required by this Agreement are written on a "claims made" basis, coverage shall extend for two (2) years past completion and acceptance of the Contractor' s work or services and as evidenced by annual Certificates of Insurance, to be filed with the City Clerk of City. If a policy does expire during the life of the Agreement, a renewal certificate must be sent to City thirty (30) days prior to the expiration date. All Certificates of Insurance shall be identified with bid serial number and title. Insurance required herein shall not expire, be canceled, or materially changed without thirty (30) days prior written notice to City. 18 CHANGE ORDERS: A change order is a written order to Contractor, approved by the City representative, issued after execution of the contract authorizing a change in the work or an adjustment in the contract sum or the contract time. A change order signed by Contractor indicates his agreement therewith. City may, without invalidating the contract, order changes in the work within the general scope of the contract consisting of additions, deletions or other revisions, the contract sum and the contract being adjusted accordingly. All such changes in the work shall be authorized by change order and shall be performed under the applicable conditions of the contract documents. The City representative shall have authority to order minor changes in the work not involving an adjustment in the contract sum or extension of contract time and not inconsistent with the intent of the contract documents All such changes shall be effected by written order and shall be binding upon City and Contractor. ,^ 19. 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 20. 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. 21. 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 eS 22 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 hereunder. Attached are standard bond forms which must be completed by Contractor, and Contractor agrees to conform to all provisions set forth in such forms. 23 SAFETY: Contractor and/or its subcontractors shall be solely responsible for job safety at all times. 24 RIGHTS & REMEDIES: The duties and obligations imposed by the contract documents and the rights and remedies available hereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. No action or failure to act by City or Contractor shall constitute a waiver of any right or duty afforded any of them under the contract, nor shall any action or ON failure to act constitute an approval of or an acquiescence to any breaches hereunder except as may be specifically agreed to in writing. 25 TIME IS OF THE ESSENCE: Contractor shall carry the work forward expeditiously. If Contractor is delayed at any time in the progress of the work by any act or neglect of City or by any employee of the City not specifically disclaimed herein, or by change orders in the work or any labor disputes, dire and unusual delay in transportation, adverse weather conditions not reasonably anticipated, unavoidable casualties, or any causes beyond the Contractor' s control or by delay caused by City or by any other cause which City determines may justify the delay, the contract time shall be extended by change order for such reasonable time as City may determine Any claim for delay or extension of time shall be made to the City representative within the same work day, otherwise said claim shall be waived by Contractor. In the case of a continuing delay, only one claim is necessary. Contractor shall provide an estimate of the probable effect of such delay on the progress of work. This section does not exclude the recovery of damages for delay by either party under the provisions of the contract documents 26. TERMINATION of CONTRACT. If, for any reason, the Contractor shall fail to fulfill in a timely and proper manner his/her obligations under the contract, or if the Contractor shall violate any of the covenants, agreements, or stipulations of the contract, the City shall thereupon have the right to terminate the contract by giving written notice to the Contractor of such termination and specifying the effective date thereof. In such event, all finished or unfinished site or structural improvements as well as all materials or equipment acquired or stored by the Contractor under the contract shall, at the option of the City, become City property and the Contractor shall be entitled to receive Dust and equitable compensation for any work satisfactorily completed hereunder Notwithstanding the above, the Contractor shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of the contract by the Contractor, and the City may withhold any payments to the Contractor for the purpose of set-off until such time as the exact amount of damages due the City from the Contractor is determined. The City may terminate the contract at any time by giving at least ten (10) days notice in writing to the Contractor. If the contract is terminated by the City as provided herein, the Contractor will be paid for the time expended and expenses incurred up to the termination date. If the contract is /mS terminated due to the fault of the Contractor, Paragraph 1 above, relative to termination shall apply. 27. 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 es retention period for examination or audit by City personnel during regular business hours 28. 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. 29. SEVERABILITY. If any part, term or provisions of this Agreement shall be held illegal, unenforceable or in conflict with any law, the validity of the remaining portions and provisions hereof shall not be affected. 30. 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. 31 COMPLIANCE WITH FEDERAL AND STATE LAWS: The Contractor understands and acknowledges the applicability to it of the American with Disabilities Act, the Immigration Reform and Control Act of 1986 and the Drug Free Workplace Act of 1989. The following is only applicable to construction contracts. The contractor must also comply with A.R.S. § 34-301, "Employment of Aliens on Public Works Prohibited", and A.R S § 34-302, as amended, "Residence Requirements for Employees". Under the provisions of A.R.S. § 41-4401, Contractor hereby warrants to the City that the Contractor and each of its subcontractors ("Subcontractors") will comply with, and are contractually obligated to comply with, all Federal immigration laws and regulations that relate to their employees and A.R.S. § 23-214 (A) (hereinafter "Contractor Immigration Warranty") . A breach of the Contractor Immigration Warranty shall constitute a material breach of this Contract and shall subject the Contractor to penalties up to and including termination of this Contract at the sole discretion of the City. The City retains the legal right to inspect the papers of any Contractor or Subcontractor' s employee who works on this Contract to ensure that the Contractor or Subcontractor is complying with the Contractor Immigration Warranty. Contractor agrees to assist the City in regard to any such inspections. The City may, at its sole discretion, conduct random verification of the employment records of the Contractor and any of Subcontractors to ensure compliance with Contractor' s Immigration Warranty Contractor agrees to assist the City in regard to any random verifications performed Neither the Contractor nor any of Subcontractors shall be deemed to have materially breached the Contractor Immigration Warranty if the Contractor or Subcontractor establishes that it has complied with the employment verification provisions prescribed by sections 274A and 274B of the Federal Immigration and Nationality Act and the E-Verify requirements prescribed by A.R.S. § 23-214, Subsection A. The provisions of this Article must be included in any contract the Contractor enters into with any and all of its Subcontractors who provide services under this Contract or any subcontract. "Services" are defined as furnishing labor, time or effort in the State of Arizona by a contractor or subcontractor. Services include construction or maintenance of any structure, building or transportation facility or improvement to real property. 32 . COOPERATIVE USE OF CONTRACT: The City has entered into various cooperative purchasing agreements with other Arizona government agencies, including the Strategic Alliance for Volume Expenditures "SAVE" cooperative. This contract may be extended for use by other municipalities, school districts and government agencies in the State of Arizona with the approval of the Contractor. Any such usage by other entities must be in accordance with the statutes, codes, ordinances, charter and/or procurement rules and regulations of the respective government agency. Orders placed by other agencies and payment thereof will be the sole responsibility of that agency. The City shall not be responsible for any disputes arising out of transactions made by others. /1► 1. FLOW DOWN REQUIREMENTS. Consultant shall comply with requirements of applicable Federal, State, and local laws, regulations, DOE and Arizona Department of Commerce policy and guidance, and shall flow down the requirements of applicable Federal, State, and local laws, regulations, DOE and Commerce policy and guidance to subcontractors at any tier to the extent necessary to ensure the Consultant' s compliance with the requirements. The City hereby incorporates all American Reinvestment and Recovery Act terms and conditions in to this Agreement. The entire text may be found at http.//www.management.energy.gov/documents/ARRAAttachment4 pdf IN WITNESS WHEREOF the parties hereto have caused this Agreement to be signed by their duly authorized representative as of this day of , 2011 . Contractor: SAMPLE - Do Not By. Sign Title: SAMPLE- Do Not Sign CITY OF APACHE JUNCTION an Arizona municipal corporation SAMPLE - Do Not Sign By. John S. Insalaco Title: City Mayor ATTEST: SAMPLE- Do Not Sign Kathleen Connelly City Clerk p APPROVED AS TO FORM: SAMPLE- Do Not Sign Richard J. Stern City Attorney 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 AmN surety business in the State of Arizona as issued by the Director of the Department of Insurance pursuant to Title 20, Chapter 2, Article 1, with its principal office in the City of (hereinafter called the Surety) are held and firmly bound unto the City of Apache Junction (hereinafter called the Obligee) , in the amount of Dollars ($ ) , for the payment whereof, the said Principal and Surety bind themselves, their heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated day of , 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 subcontractors in the prosecution of the work provided for in said contract, this obligation shall be void Otherwise it remains in full force and effect: PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Title 34, Chapter 2, Article 2, of the Arizona Revised Statutes, all liabilities on this bond shall be determined in accordance with the provisions, conditions and limitations of said Title, Chapter and Article, to the same extent as if they were copies at length herein. The prevailing party in a suit on this bond shall recover as part of the judgement reasonable attorney fees as may be fixed by the judge of the court Witness our hand this day of , 2011 BY. AGENCY OF RECORD AGENCY ADDRESS BY• ATTORNEY IN FACT CERTIFICATE OF INSURANCE CITY OF APACHE JUNCTION PROJECT: PW# 2010-19 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 $100, 000 Each Accident, Workman's $100, 000 Each Disease, Compensation $500, 000 Disease Policy Limit 2 . $1, 000,000 Each Commercial Occurrence, $2,000,000 General Products/Completed Liability 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 of Apache Junction. If a policy does expire during the life of the contract, a renewal Certificate of the required coverage must be sent to the City of Apache Junction not less than thirty (30) calendar days prior to expiration date This Certificate is not valid unless countersigned by an authorized representative of the Insurance Company The Certificate of Insurance must also provide that the City, its officers, employees and agents are additional eiN insured parties. Date. Countersigned by: Title SUBSCRIBED AND SWORN TO before me this day of2011 by as Insurer Notary Public My Commission Expires.