HomeMy WebLinkAbout2011 08.01 City Council Work Session Agenda o.
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APACHE JUNCTION CITY COUNCIL WORK SESSION
CITY COUNCIL CHAMBERS
300 EAST SUPERSTITION BOULEVARD
APACHE JUNCTION,ARIZONA 85219
Monday, August 1, 2011
700PM
AGENDA
1 CALL TO ORDER.
2. ROLL CALL.
3. PRESENTATION AND DISCUSSION ON A CITY OF APACHE JUNCTION REGIONAL TOURISM
BROCHURE
4 PRESENTATION AND DISCUSSION ON QUARTERLY UPDATE ON DOWNTOWN REDEVELOPMENT
AND IMPLEMENTATION STRATEGY.
The Downtown Redevelopment and Implementation Strategy adopted by the city council with the approval of
Resolution No 10-34 recommends specific goals and strategies geared toward fostering revitalization in the
downtown The Resolution requires staff to provide a quarterly update to the mayor and city council on the status of
the items in the work plan, and any suggested staff modifications thereto
This item is identified in the Fiscal Year 2011-2012 City Council Work Plan
5 PRESENTATION AND DISCUSSION OF DEVELOPMENT FEE ORDINANCE AMENDMENTS.
Staff will discuss possible amendments to the development fee ordinance regarding changes in state law and
exemptions for replacement structures
6 PRESENTATION AND DISCUSSION ON REQUEST FOR PROPOSALS(RFP) FOR TOWING AND
VEHICLE STORAGE SERVICES.
Staff will present and discuss the proposed RFP for securing future towing services through an RFP/bid/contract
process
7. PRESENTATION AND DISCUSSION ON PROPOSED RESOLUTION NO. 11-14, DECLARING THAT
PORTIONS OF PUBLIC ROADWAY EASEMENTS LOCATED ON THIRD AVENUE BETWEEN
GOLDFIELD ROAD AND WAGONWHEEL ROAD ARE NO LONGER NECESSARY FOR PUBLIC USE.
An extinguishment of roadway easements on Third Avenue between Goldfield Road and Wagonwheel Road has
been requested by the adjacent property owners,who desire the use of these areas for setbacks Staff has reviewed
the submittal and has no technical objections since the use of the federally patent easement is not feasible or
needed Resolution No 11-14 extinguishes the above-noted easements for public roadway and right-of-way
purposes
8. PRESENTATION AND DISCUSSION ON PROPOSED RESOLUTION NO 11-29, DECLARING THAT
PORTIONS OF PUBLIC ROADWAY EASEMENTS LOCATED ON THIRD AVENUE BETWEEN BOWMAN
ROAD AND CONESTOGA ROAD ARE NO LONGER NECESSARY FOR PUBLIC USE
An extinguishment of roadway easements on Third Avenue between Bowman Road and Conestoga Road has been
requested by the adjacent property owners,who desire the use of these areas for setbacks Staff has reviewed the
submittal and has no technical objections since the use of the federally patent easement is not feasible or needed
Resolution No 11-29 extinguishes the above-noted easements for public roadway and right-of-way purposes
9 PRESENTATION AND DISCUSSION ON RESOLUTION NO 11-39 AUTHORIZING THE CITY OF
APACHE JUNCTION TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT WITH THE ARIZONA
DEPARTMENT OF TRANSPORTATION FOR INSPECTION OF BRIDGES AND CULVERTS WITHIN THE
CITY LIMITS
Presentation and discussion on Resolution No 11-39 authorizing the City of Apache Junction to enter into an
intergovernmental agreement with the Arizona Department of Transportation for inspection of bridges and culverts
within the City limits The State of Arizona and the City of Apache Junction wish to promote consistent inspection
methodologies throughout the State
10. PRESENTATION AND DISCUSSION ON THE 2011 STREET CONDITION REPORT
Staff will present information on the status of the City's streets,current service level objectives and funding.
11. PRESENTATION AND DISCUSSION ON THE ANNUAL STREET MAINTENANCE PLAN FOR FISCAL
YEAR 2011-2012
Staff will present the planned street maintenance projects for Fiscal Year 2011-2012 including the elements which
influence and change the plan
12. DISCUSSION ON PW 2011-07, AWARD OF BID FOR PAVING MATERIALS TO MESA MATERIALS
Staff will discuss the bid, opened on July 13,2011,for paving materials to be used for street reconstruction Two
bids were received The lowest most responsible bid was submitted by Mesa Materials, Inc in the amounts of
$65 20 per ton for 12 5 mm, 5 1%AC Superpave,$61 63 per ton for 19 mm,4 8%AC Superpave,$65 20 per ton for
19 mm,5 0%AC EVAC, and$99 60 per ton for cold mix
13. DISCUSSION ON PW 2011-08, AWARD OF BID FOR PRE-COATED CHIPS TO MESA MATERIALS,
INC IN AN AMOUNT NOT TO EXCEED$47.87 PER TON.
Staff will discuss the bid, opened on July 13,2011,for pre-coated chips to be used for the chip seal project Two bids
were received The lowest most responsible bid was submitted by Mesa Materials, Inc in the amount not to exceed
$47 87 per ton
14 PRESENTATION AND DISCUSSION ON PW 2011-09, MATERIAL AND LABOR TO LOWER AND RAISE
MANHOLES AND VALVES AT VARIOUS LOCATIONS THROUGHOUT THE CITY OF APACHE
JUNCTION, AS NEEDED
Staff will discuss the bid, opened on July 13,2011,for materials and labor to lower and raise manholes and valves at
various locations throughout the City of Apache Junction One bid was received The bid was submitted by Specialty
Companies Group, LLC in the amounts not to exceed$250 00 mobilization,$125 00 to lower one manhole,$250 00
to raise one manhole, $125 00 to lower one water valve, $225 00 to raise one water valve, and$75 00 to install one
survey monument
15. 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.
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TO: City Manager's Office
FROM• Patrick Brenner, Community Relations Manager
DATE: August 1, 2011
Agenda Type • Work Session Agenda
Council Priority Focus Area Economic Development
TITLE OF AGENDA ITEM:
PRESENTATION AND DISCUSSION ON A CITY OF APACHE JUNCTION REGIONAL TOURISM
BROCHURE.
ACTION REQUESTED
Presentation and Discussion
DISCUSSION / BACKGROUND INFORMATION:
FISCAL IMPACT.
/.. OPTIONS/ALTERNATIVES:
RECOMMENDATION.
ATTACHMENTS.
Click to download
No Attachments Available
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Print
TO: City Manager's Office
FROM• Bryant Powell, Assistant City Manager
DATE: August 1, 2011
Agenda Type : Work Session Agenda
Council Priority Focus Area: Community Development
TITLE OF AGENDA ITEM.
PRESENTATION AND DISCUSSION ON QUARTERLY UPDATE ON DOWNTOWN
REDEVELOPMENT AND IMPLEMENTATION STRATEGY.
ACTION REQUESTED:
Presentation and Discussion
DISCUSSION / BACKGROUND INFORMATION
The Downtown Redevelopment and Implementation Strategy adopted by the city council with the
approval of Resolution No. 10-34 recommends specific goals and strategies geared toward fostering
revitalization in the downtown The Resolution requires staff to provide a quarterly update to the mayor
and city council on the status of the items in the work plan, and any suggested staff modifications
thereto
This item is identified in the Fiscal Year 2011-2012 City Council Work Plan.
FISCAL IMPACT:
OPTIONS/ALTERNATIVES:
RECOMMENDATION.
ATTACHMENTS
Click to download
No Attachments Available
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Print
TO: City Manager's Office
FROM: Brad Steinke, Director of Development Services
DATE August 1, 2011
Agenda Type : Work Session Agenda
Council Priority Focus Area• Community Development
TITLE OF AGENDA ITEM:
PRESENTATION AND DISCUSSION OF DEVELOPMENT FEE ORDINANCE AMENDMENTS
ACTION REQUESTED.
Presentation and Discussion
DISCUSSION / BACKGROUND INFORMATION:
Staff will discuss possible amendments to the development fee ordinance regarding changes in state
law and exemptions for replacement structures
FISCAL IMPACT:
Budgetary Approval Not Required
OPTIONS/ALTERNATIVES
City Code Requirement
RECOMMENDATION:
Presentation and discussion
ATTACHMENTS:
Click to download
L cover memo
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QR_.,t,P Development Services Department
To Mayor and City Council
From Brad Steinke,Director of Development Services
Date. July 20,2011
RE Development Fee Ordinance Amendments
As the council may be aware, the State of Arizona recently approved substantial changes to their
development fee statutes As a result, the city will have to comprehensively amend and update our
development fee ordinance and fee study by August 1, 2014,to be in compliance with new state law. We
anticipate hiring a consultant next year to accomplish this work
There are, however, a few minor changes to our development fee ordinance that we would like to
complete prior to the comprehensive ordinance update Staff will present and discuss these changes with
the council, and then return with the appropriate ordinance language at a future meeting The proposed
changes are identified as follows
Replacement Structure Exemption
The current development fee ordinance provides conflicting language regarding assessment of fees for
replacement structures One section of the ordinance appears to exempt home replacements(regardless of
time intervals), while another section provides an exemption only if a permit for replacement is filed
within one year of structure removal
After talking with our development fee consultant and previously discussing the matter with council,staff
is proposing that the development fee ordinance be amended to remove any timeline restriction as a
condition of exemption (see Exhibit A) In other words, a property owner would be exempt from paying
development fees on a replacement structure, regardless of how long ago the original structure was
removed, subject to the following
1 The original structure must have been legally permitted
2 If the replacement structure is larger than the original structure and/or accommodates a use with a
higher development fee than the original structure, a prorated development fee for the additional
size or different use will be assessed.
Waiver Reimbursement
The City Attorney has told us that we will need to reimburse the development fee fund(s) for any
development fee waivers granted by the city. Staff therefore recommends that the development fee
ordinance be amended to memorialize this requirement (see Exhibit B) While mindful of this
reimbursement requirement,the economic development staff asks that the development fee waiver option
be retained in the ordinance as a possible future economic development incentive
Fee Schedule Change to Comply with State Law
As of January 1, 2012, the new state law regarding development fees prohibits municipalities from
collecting development fees for certain types of infrastructure and improvements As a result,the city will
no longer be able to collect development fees for General Government purposes Accordingly, the fee
schedule will need to be amended to remove these fees(see Exhibit C)
Exhibit A
The following italicized sections of the Development Fee ordinance provides for regulations
regarding replacement structures Staff suggests that these two sections be changed to exempt
development fees from being assessed against replacement structures as reflected below
(Note new language is reflected with a double underline and deleted language is reflected with
a strike thru).
Section 7-1-2-(8)-(5)
The development fee provisions shall not apply to the following actions
(a) Placing on a lot or parcel in the city a temporary construction trailer or office, but
only for the life of the building permit issued for the construction served by the
trailer or office;
(b) Expansion, upgrade, repair or replacement of a legally an existing residential
dwelling unit on a lot or parcel with a legal, conforming, residential dwelling unit
or structure, and
(c) Any development, including but not limited to the mere subdivision of land,
installation of utilities, or the use of land for limited recreational, agricultural,
filling or dredging purposes which, in the opinion of the Development Fee
Administrator, will not result in a net increase of more than 1 one-way average
daily trip
Section 7-1-5-(G)
For an addition, or to remodel or replace existing structures, or for a change of use to an
existing structure, the development fee to be paid shall be the difference, if any, between:
(a) The fee, if any, that would be payable for existing development on the site or, in
the case of demolition or removal of a structure, the previous development on
the site, p ",ded that the ,demolition o al 1,.6 o re,d within 1 . e f
th d to of ub.. ittal e f t e a plicatio For which .develo pment es a ed;
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and
(b) The fee, if any, that would be payable for the total development on the site after
the new development.
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Exhibit B
The following italicized section of the Development Fee ordinance (i.e., Section 7-1-13; Relief
Procedures and Hearings) provides for appeals and possible relief Staff is suggesting that the
ordinance be slightly changed to add the additional language regarding waiver reimbursement
as reflected in the double underlined language below
Section 7-1-13 (Relief Procedures and Hearinqs)
The developer who owes, has paid a development fee, or disputes the offset amount
determined by the Development Fee Administrator may appeal to the Mayor and
City Council. Such appeal must be filed with the Development Fee Administrator in
writing either within 30 calendar days after the date the city notified the developer
of an assessment or offset determination, or within 30 calendar days after the
developer paid the development fee In either case, any building permit issued before
the appeal is filed shall be considered stayed until after the appeal process has
concluded Any work in progress completed during the appeal process shall be
performed at the developer's own risk Failure to pay the development fees as
determined on appeal shall result in the withholding by the city of the certificate of
occupancy of developer's project The City Council must hold a hearing on the appeal
within 45 calendar days after received by the Development Fee Administrator The
Council's failure to hold a public hearing within the 45 calendar days absent a
continuance request by the developer, shall result in the developer's position
prevailing over the city The decision of the Mayor and City Council shall be
considered the final administrative decision of the city
The amount of any waiver of development fees granted by the City Council shall be
reimbursed to the relevant development fee account within 1 year of the
development's building permit being issued.
.+.
Exhibit C
Development Fee Update Revised: August , 2011
Parks and Ccncral
Librar Recreation Police Government Roads TOTAL
Residential PER HOUSING UNIT
Single Family $721 $1,801 $294 $369 $6,323 $9.139$9,508
Multifamily $622 $1,555 $254 $34-9 $4,440 $6,871 $74-90
Manufactured Home/RV Park $572 $1,429 $234 $293 $3,297 $5,532$51-825
Nonresidential PER SQUARE FOOT
820 Com/Shop Ctr 25,000 SF or less $2 40 $0-1-4 $18 22 $20.62 $20 6
820 Com/Shop Ctr 25,001-50,000 SF $2 08 $0-1-2 $15 83 $17.91 $18 03
820 Com/Shop Ctr 50,001-100,000 SF $1 74 $0.14 $13 22 $14.9 $4 07
820 Com/Shop Ctr 100,001-200,000 SF $1 49 $0-99 $11 31 $12.80 $1-2-69
820 Com/Shop Ctr over 200,000 SF $1 27 $0-:09 $9 61 $10.88 $4-047
710 Office/Inst 10,000 SF or less $0 88 $0-45 $7 36 $8.24 $8-43
710 Office/Inst 10,001-25,000 SF $0 71 $8-48 $5 96 $6.67 $685
710 Office/Inst 25,001-50,000 SF $0 61 $0-1.7 $5 08 $5.69 $5 86
710 Office/Inst 50,001-100,000 SF $0 52 $0-46 $4 33 $4.85 $5.01
720 Medical-Dental Office $1.40 $0-47 $11 74 $13.14 $43-34
610 Hospital $0 68 $0 4 $5 71 $6.39 $6.53
770 Business Park $0 50 $0 11 $4 14 $4.64 $4 78
110 Light Industrial $0 27 $0-4$ $2 26 $2.53 $2 3
140 Manufacturing $0 15 $0:08 $1 24 $1.39 $1-47
150 Warehousing $0 19 $0 05 $1.61 $1.8Q $4-85 ,
Other Nonresidential
320 Lodging (per room) $218 $30 $1,829 $2,047 $2707�
565 Day Care(per student) $173 $7 $1,456 $162_9 $47636
620 Nursing Home(per bed) $92 $1-5 $770 $862 $87.7
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RFP Tow Contracts
Apache Junction Police Department
Arnold Freeman
Division Commander, Patrol
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Presentation Objectives:
Discussion on Ordinance 885
Discussion on adopting RFP Tow Contracts
for police initiated tows
Overview of significant deviations from 885 to the
proposed RFP contract
Staff recommendation of RFP and implementation
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RFP Tow Contracts z 4�za
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Ordinance 885 :
• Adopted February 15, 1994
• At the time, was adequate for regulating tow companies performing police initiated tows
• Left tow fees unregulated and subject to each individual tow company's discretion. Result:
price variations between police tows
• No on-site office requirement codified within the ordinance
• Tow company personnel: 5 year clean criminal record requirement
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•Residency minimum time limit ambiguity
• Audits: weak language
• Appeals: No appeal process for tow company disciplinary action
• Number of tow companies unregulated
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DISCUSSION : RFP Tow Contracts
Some parts of 885 are still viable and will be used
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within the RFP
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RFP Tow Contracts �E _$e-
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Apache Junction Police Department
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RFP Tow Contract additions:
• Standardized fee schedule with tow industry input
Result: reduce and limit price variations for services performed on behalf of AJPD
• Requires on-site office located on storage premises with customer service hours detailed
within the contract
• Tow company personnel: change from 5 year to 10 year clean criminal record requirement
They are representing AJPD on each tow
• Residency requirement maintained throughout the life of the contract
• Audits: Annual audits with supporting documents submitted bi-annually
• Appeals: Establishes an appeal process through city government hierarchy and then court
• Due to limited PD staffing for administrative oversight, number of tow companies should be
limited to a manageable number of companies. Suggested: no more than five (5), not less
than three (3).
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Staff Recommendation
Due to recent problematic issues surrounding
Ordinance 885 and it's enforcement, staff
recommends repeal of Ordinance 885. Staff further
recommends adopting the RFP based tow contract
with each qualified vendor which includes the listed
improvements.
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TO. City Manager's Office
FROM. Jerald Monahan, Police Chief
DATE: August 1, 2011
Agenda Type Work Session Agenda
Council Priority Focus Area: Public Safety
TITLE OF AGENDA ITEM-
PRESENTATION AND DISCUSSION ON REQUEST FOR PROPOSALS (RFP) FOR TOWING AND
VEHICLE STORAGE SERVICES
ACTION REQUESTED:
Presentation and Discussion
DISCUSSION/ BACKGROUND INFORMATION:
Staff will present and discuss the proposed RFP for securing future towing services through an
RFP/bid/contract process
FISCAL IMPACT:
Budgetary Approval Not Required
OPTIONS/ALTERNATIVES.
RECOMMENDATION:
ATTACHMENTS
Click to download
❑ RFP for Towing Services
DRAFT 7/20/11
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REQUEST FOR PROPOSALS
FOR TOWING AND VEHICLE STORAGE SERVICES
RFP #: PD 2011-
DUE: September 12, 2011 at 10.00 A.M. MST-Arizona
NOTICE INVITING BID PROPOSALS
FOR TOWING AND VEHICLE STORAGE SERVICES
RFP PROJECT NO. PD 2011 -
Bid forms and requirements are available at the City Clerk's Office at Apache Junction
City Complex, 300 East Superstition Blvd , Apache Junction, Arizona, 85119, at no
cost
.411.1
Each bidder shall provide such information as may be required by the City as evidence
of qualifications to provide the labor, materials, transportation, storage, equipment or
other services as required
Sealed bids containing one signed original bid and one copy of the bid will be accepted
in the City Clerk's Office until September 12, 2011 at 10.00 AM MST-Arizona, at which
time and place all bids will be opened and read as a matter of public information Any
bids received after bid closing time will be rejected and returned unopened
Envelopes shall be conspicuously marked "TOWING AND VEHICLE STORAGE
SERVICES".
Additional information may be obtained from Police Sergeant Clyde Allison at (480)
982-8260.
The City of Apache Junction reserves the right to reject any and all bids and to waive
technicalities.
Kathleen Connelly
.•. City Clerk
2
GENERAL CONDITIONS &
INSTRUCTIONS TO BIDDERS
TOWING AND VEHICLE STORAGE SERVICES
City of Apache Junction
RFP Project No PD 2011-
1. PURPOSE
The City of Apache Junction seeks proposals from qualified firms to provide towing and
vehicle storage services for its Police Department ("AJPD") The purpose of this
Request for Proposals ("RFP") process is to ultimately enter into non-exclusive term
contracts with up to five (5) towing and vehicle storage service companies which will be
placed on a rotation list subject to terms of individual contractual agreements. The
general focus of the services is to provide. 1) accident scene towing, site clean-up and
vehicle storage, 2) as-needed towing of abandoned or confiscated vehicles from city
right-of-ways and associated storage, and 3) as-needed call out for roadside services to
stranded motorists. Service will begin on November 8, 2011 This RFP process is
authorized under A R S § 28-1108(E) and Article 3-7 of Apache Junction City Code,
Volume I
2. DEFINITIONS
A "Bid" is the awarded services or work to be performed by the successful bidders.
B "Bidder" shall mean any person, corporation or other entity who submits an RFP
response to the City of Apache Junction pursuant to these documents.
C "City" shall mean the City of Apache Junction
D "City Representative" shall mean the City of Apache Junction Police Chief or his
designee.
E "Contractor" shall mean the persons or entities to which the contract is
awarded
F. "Successful Bidder" shall mean the persons or entities who submit an RFP
packet which the City determines is responsive, responsible and is qualified to
perform the work or services.
3. PROJECT
All work under this contract shall be done in accordance with these Bid
Documents including General Conditions & Instructions to Bidders, Special Provisions
& Specifications, all of which are hereinafter referred to as the "Contract Documents"
4. EXAMINATION OF BID DOCUMENTS
The Bidder shall carefully examine and study the documents and specifications
applicable to the award of a contract hereunder including the personnel, materials
and/or equipment, which will be required to be furnished by the Successful Bidder The
submission of a bid shall be prima facie evidence that the Bidder has made such an
examination and unless an exception is noted in writing, intends to supply the materials,
3
labor and/or equipment as submitted in accordance with the contract documents
5. DISQUALIFICATION OF BIDDERS
The City Manager or his or her designee may disqualify any Bidder from consideration
of award of bid for materials, supplies, or services for up to three years on grounds
outlined more fully under A J C.C. § 3-7-7 Set forth below are the more common
disqualifiers
A. Submission of more than one bid for the same materials or equipment from an
individual, firm, partnership or corporation under the same or different names.
B Evidence of collusion among Bidders
C Failure to fully complete all parts of this bid or to submit the bid in
accordance with the requirements herein
D Failure to meet the qualifications for bidding or provide evidence of such
qualifications when requested
E. Failure to execute Agreement with City, with terms consistent in Proposed
Agreement reflected in Exhibit F.
F. Past negative history with the City and/or Failure to pay transaction privilege and
construction taxes.
The City Manager or his or her designee shall send written notice of the proposed
disqualification, including the grounds and period of proposed disqualification to the
disqualified party by first class U S certified mail from the address on the bid. The party
shall have a right to a hearing before the City Manager or his or her designee if an
appeal is filed within seven (7) calendar days after the disqualification notice is sent.
The City Manager or his or her designee shall provide notice of the hearing date and
411. time to the disqualified party. The party shall have the opportunity to present evidence
rebutting the reasons for disqualification. The City Manager or his or her designee shall
decide the matter within seven (7) calendar days of the hearing and shall notify the
disqualified party within a reasonable time Such decision shall be final and binding,
subject only to an appeal in Pinal County Superior Court pursuant to A R.S. § 12-901,
et seq
6. PREPARATION OF PROPOSAL
All information requested on this RFP must be completed by the Bidder. The Bidder
shall submit all information on the required forms and documents The information must
be typed or printed in ink and all numbers shall be in legible numerals The Bidder
must sign the proposal in ink in the space provided
4
7. SUBMISSION OF PROPOSAL
The Bidder shall submit to the City a bid proposal together with the list of exhibits as
identified below The bid proposal and the completed exhibits referenced below shall
be placed in an envelope, sealed and delivered to the Apache Junction City Clerk's
Office, located at 300 East Superstition Blvd., Apache Junction, Arizona, 85119, no
later than September 12, 2011 at 10.00 a.m MST-Arizona The envelope shall be
conspicuously marked with the name of the RFP project as noted on the Notice Inviting
Bid Proposals, with the name and address of the Bidder marked on the outside. When
submitted by mail, the sealed bid should be enclosed in a separate sealed envelope.
Responses submitted by mail shall be sent by prepaid first class U S Mail, return
receipt requested No bid will be considered unless received on or before the time and
the place designated in the Notice Inviting Bid Proposals Exhibits E and F as identified
below should only be completed and returned to the City if the City awards the project
to the Bidder
Complete
With Bid
1. Tow Fee Cost (Exhibit A) Yes
2 Understanding & Agreement (Exhibit B) Yes
3 Exceptions/Additions/Corrections (Exhibit C) Yes
4. Proposal Questionnaire (Exhibit D) Yes
5 Certificate of Insurance (Exhibit E) Yes
6 Proposed Agreement (Exhibit F) No
7 Inquiry Form (Exhibit G) No
One (1) bid proposal per company will be permitted If multiple bids are received from
companies owned or managed by the same individuals or other legal entities with over
fifty percent (50%) controlling shareholder interest, such additional submittals will be
deemed duplicitous and shall be disqualified from the process
8. CONSIDERATION OF PROPOSALS
Bid responses will be reviewed by AJPD staff, which will present its recommendation of
up to five (5) towing and vehicle storage service companies to the Mayor and City
Council It is anticipated the City Council will publicly review the recommendations and
will publicly award bids on November 1, 2011 The contract awards shall be based on
responsive, responsible, and most qualified bids as required within the Special
Provisions & Specifications All substantive requirements set forth in this RFP must be
complied with by the submittal date set forth in Section 7 above, otherwise the
response will be considered unresponsive The City reserves the right to waive
technicalities and informalities, to reject any or all proposals, to accept bid proposals
deemed to be in the best interest of the City, and/or to reject the bid of any persons who
have not satisfactorily performed under terms of the rotation list regulations of
Ordinance No 885
5
9. BID PROTESTS
Any aggrieved party may protest any aspect of any bid solicitation under A J C C. § 3-7-5
Bid protests by an aggrieved party shall be submitted in writing to City Clerk, City of
Apache Junction, 300 E. Superstition Blvd , Apache Junction, Anzona, 85119, within 72
hours of bid award notification. Protests must contain at a minimum the name, address
and telephone number of the protester, the signature of the protester or its representative
and evidence of authority to sign, a detailed statement of the legal and factual grounds of
•-► the protest including copies of relevant data, evidence, exhibits, or documents
substantiating the protest, and the form of relief requested
Within seven (7) calendar days of receipt, and after consultation with legal counsel, the
City will respond to the protest The City Manager or his or her designee shall notify the
protestor or other interested parties of the time and place set for hearing on the protest
The City Manager or his or her designee shall conduct the hearing within seven (7)
calendar days after sending the notice of the hearing to the protestor, absent any
stipulated continuances. The City Manager or his or her designee, shall within seven (7)
calendar days after the hearing has been completed, issue a written opinion and send it
by first class U S certified mail to the protestor and all interested parties Such
decision shall be final and binding, subject only to an appeal in Pinal County Superior
Court pursuant to A R S § 12-901, et seq
10.AWARD OF CONTRACT
A contract will be awarded to up to five responsive, responsible and most qualified
bidders The award shall be made upon a majority vote of the Apache Junction City
Council at a regularly scheduled Council Hearing The decision of the City Council shall
be final. Notice of Award to the Successful Bidders shall be communicated to all
Bidders by the City. Nothing herein shall be construed to require the City to award
contracts The City reserves the right to reject all bids and waive technicalities and
informalities
The Successful Bidders shall agree to each and every term, condition and obligation
set forth in Exhibit F Such terms, conditions, and obligations thereunder are non-
negotiable
11.PERMITS, FEES & LICENSES
The Contractor shall secure and pay for all applicable Federal, State, County or
local permits and licenses including a City Business License and shall comply with all
applicable Federal, State, County or local laws, ordinances, regulations and safety
standards Contractor shall ensure all subcontractors are licensed to do business in the
State of Arizona and the City of Apache Junction and each shall also have a City
Business License
12. INTERPRETATION OF DOCUMENTS
Where a plan, specification or document appears ambiguous, or where any portion is
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not fully understood, the Contractor shall submit such question in writing to the Public
Safety Department by using the "Inquiry Form" (Exhibit G). Verbal explanations shall not
be binding
13. INDEMNIFICATION
To the fullest extent by law, Contractors shall defend, indemnify and hold harmless the
City, its agents, officers, officials and employees, from and against tortious claims,
damages, losses and expenses (including but not limited to 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, or employees 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. PREVAILING WAGE
This project is subject to the Federal Labor Standards Provisions, Davis-Bacon Act of
1931, Contract Work Hours and Safety Standards Act of 1986 (as amended), Copeland
Act of 1948 (as amended) and the Fair Labor Standards Act of 1939
Contractors agree to comply with the Federal Labor Standards Provisions Contractors
shall supply information to the City of Apache Junction as necessary for monitoring of
compliance including payroll, on-site inspections, investigations and/or enforcement by
the City of Apache Junction Contractors agree to comply with the Prevailing Wage as set
forth by the Department of Labor
15. COMPLIANCE
All work and services shall comply with all applicable City, County and State laws.
16. CITY SALES TAX
If applicable, the current City sales tax rate is 2 2% for materials purchased within the
City limits For further information, contact the City's Tax and Licensing Supervisor at
(480) 474-5069.
17. ACCESS TO INFORMATION
It is agreed that all information, data reports, records and plans as are existing, available
and necessary for carrying out of the work outlined above have been furnished to
Contractors by the City and its agencies Contractors hereby acknowledge receipt of
same No charge will be made to Contractors for such information and the City and its
agencies will cooperate with the Contractors in every way possible to facilitate the
performance of the work described in the Standard Form of Contract.
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18. CONTRACT CANCELLATION
Non-performance of contract, or substantial violation of State or Federal law, will give
sufficient cause for the City to cancel the contract. Non-performance shall be construed
to mean failure of Bidders to deliver in the time specified, failure to provide the quality of
product or service specified, or unauthorized price changes
19. ASSIGNMENT TRANSFER
...
The Successful Bidder shall not assign, transfer, convey, sublet or otherwise dispose of
the contract or the right, title, or interest therein, or the power to execute such contract, to
any other person, company, corporation without prior written consent of the City.
20. INTERIM ROTATION LIST CONTINUATION
All tow companies that are already on the tow rotation list shall remain on such list
created under Ordinance No 885 until November 7, 2011, after which date the full effect
of this procurement shall commence
21. SERVICE PROVIDER DECREASE
The City may enter into services contracts with up to five (5) tow companies The City is
under no obligation to solicit bids to replace tow companies that terminate their contract
with the City, or those that the City terminates, unless the number of tow companies
during the initial five-year term falls below three (3) companies In such case, the City
may solicit bids for only one additional tow company, depending on the volume of tows
and whether the Police Chief determines that the remaining tow companies in privity of
contract can effectively meet the demand
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SPECIAL PROVISIONS &
SPECIFICATIONS
TOWING AND VEHICLE STORAGE SERVICES
City of Apache Junction
RFP Project No. PD 2011-
SECTION 1. DEFINITIONS
1. "Accident recovery work" means the towing or removal of a vehicle involved in an
accident upon any highway or roadway and is damaged to the extent that an
investigation by a law enforcement agency is required
2 "Administrative Code" means the Administrative Code of the State of Arizona,
Department of Public Safety Tow Trucks and as amended.
3 "Chief of Police" means the Chief of Police/Director of Public Safety for the City
of Apache Junction
4 "City" means the City of Apache Junction
5 "Contractor," "Towing company," and "Contract tow company" are all
synonymous with successful bidders which are awarded a towing services
contract.
6. "Current Fuel Price Average" means the average diesel price between the lowest
price listed and highest price listed at the following URL•
http.//www phoenixgaspnces com/index aspx?fuel=D
7 "Fuel Surcharge" is an additional amount designed to help tow operators offset
any diesel fuel increases during the contract period but will in no case exceed
30% at any given time during this contract period
8 "Police Department" means the Apache Junction Police Department
9 "Reputation" means the professional performance work history and background
of the tow service company owner, manager, and/or driver
10 "Storage facility" means the storage facilities as referenced in these policies
11 "Tow Rotation List" means the City of Apache Junction Tow Rotation List.
12 "Tow truck" means a motor vehicle which is altered or designed for, and used in
the business of towing vehicles by means of a flat bed or other specially
designed truck that is equipped with a tow sling, tow bar, tow plate or wheel lift
apparatus, attached to the rear of the truck, or a crane or hoist that is attached to
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the bed or frame of the tow truck "Wrecker," "garage tow truck," and "slide back"
or "roll back car carrier" are synonymous and shall be termed "Tow Truck"
13."Towing service" means the transportation upon the public streets and highways
of the City of Apache Junction and the State of Arizona of damaged, disabled,
unattended or abandoned vehicles together with personal effects and/or cargo
by tow trucks "Wrecker service," "tow car service," and "garage tow truck
service" are synonymous and shall be termed "Towing Service".
SECTION 2. APPLICATION
The rules, regulations and requirements within these Special Provisions and
Specifications shall govern the removal of wrecked vehicles from accident scenes,
vehicles which constitute traffic hazards and vehicles that might be evidence of a crime
or any other vehicle in accordance with any ordinance of the City.
SECTION 3. INSPECTION
The Contractor shall preserve the records required under this Request for Proposal for
a minimum of two (2) years after the expiration of the contract The City or its
authorized agent reserves the right to inspect any records, facilities and equipment
used or proposed to be used by the Contractor for the performance of work specified
herein In addition, the City may inspect any and all payroll, billing or other relevant
records kept by the Contractor in relation to this contract. The Contractor shall permit
such inspections and audits during normal business hours and upon reasonable notice
by the City The audit of records may occur at the Contractor's place of business or at
City of Apache Junction offices, as determined by the City
The Police Department shall have the continuing right throughout the term of the
Towing Services contract to inspect and investigate the personnel, performance,
reputation, facilities and equipment of any contractor. If it is determined that the
personnel, facilities, reputation or equipment does not meet acceptable standards at
any time during the term of the contract, the Police Department shall have the right to
remove the tow company from the Tow Rotation List and terminate the Towing Services
contract.
SECTION 4. COMPLIANCE WITH LAWS, RULES AND REGULATIONS
All companies contracting with the City for towing services shall comply with all of the
requirements of the laws of the State of Arizona, and all of the rules and regulations
regarding tow truck operations promulgated by the Arizona Department of Public Safety
under the Administrative Code of the State of Arizona, Department of Public Safety Tow
Trucks and as may hereafter be amended, and all ordinances and regulations of the
City of Apache Junction, as well as these Special Provisions and Specifications
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SECTION 5. IDENTIFICATION
All contract tow companies shall have the company name and telephone number
painted in three-inch (3") minimum letters on the sides of all of their tow trucks and shall
display the Arizona Department of Public Safety inspection seal Further, all tow truck
drivers shall carry business cards in order that the Police Department may give said
cards to the owner or driver of the towed vehicle Business cards shall also include
company name, contact telephone number, and address of the storage yard where the
towed vehicles are being stored
SECTION 6. EQUIPMENT
All tow trucks to be used by the tow companies shall be equipped with proper
implement of dollies, chains, slings, bumpers and other equipment necessary to
prevent damage to towed vehicles. They must be equipped with brooms, shovels, sand
and other necessary equipment to clean up accident scenes All tow trucks shall have
functional 24 hours communication with AJPD dispatch. All contract tow companies
shall have available the minimum of a medium duty wrecker and a lift or some type of
rollback tow truck All tow trucks used by contract tow companies shall be in
compliance with the Arizona Administrative Code and shall be maintained in
accordance with Arizona Administrative Code, sections R13-3-1001 through R13-3-
1107 as hereafter amended as applicable to type of equipment, i e light, medium
and/or heavy duty equipment A full text version of these requirements is available by
contacting the Arizona Secretary State's office at (602) 542-4086 or via download at
www azsos gov in the Arizona Administrative Rules section Additionally, tow trucks
should at a minimum
(a) Have DPS issued permit decals properly affixed (R13-3-1101)
(b) Display on both sides of the tow truck the company name, full name of the town
or city in which the contractor is located, and a 10 digit business telephone
number Letters shall contrast sharply in color with the background on which the
letters are placed, be readily legible during daylight hours from a distance of 50
feet while the tow truck is stationary, and be maintained in a manner that retains
the legibility (R13-3-1101, paragraph A)
(c) Be mechanically sound and roadworthy (with current year registration)
(d) Be retrofitted with functioning light safety bars
(e) Maintain an adequate supply of road safety devices (i e safety flares, lights,
reflective highway stands)
(f) Be equipped with a minimum of two jack stands and four (4) tire sliding devices
(g) Be equipped with sufficient safety and ancillary equipment, i e chains, slings,
bumpers, snatch blocks, brooms, shovels, sand buckets and/or containers for
carrying trash, vehicle debris, etc , required to safely clear vehicles and prepare
them for towing to its nearest storage facility and to perform all "on scene" site
clean-up services
(h) Rollback and/or tilt bed trucks shall also have a minimum of two (2) motorcycle
tie down straps
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In the event a tow truck cannot complete a request due to inadequate equipment or a
driver's lack of experience, AJPD may contact the next tow company on the rotation list
to complete such request, or another until the task is completed
SECTION 7. STORAGE AND BUSINESS OFFICE FACILITIES
A Storage Facilities shall
1. Be located within the city limits and meet all City zoning requirements. Proof of
compliance with City zoning requirements shall be accomplished by the tow
company providing AJPD with a written statement from the City Planning and
Zoning Division indicating that the storage facilities comply with zoning
regulations Such written statement shall be obtained by the tow company and
provided to AJPD before execution of a Towing Services contract
2 Be secured with a fence or wall (or fully enclosed building) at least six feet (6') in
height, reinforced with concertina wire and secured entry ways (lockable gates,
garage doors, etc )
3. Have limited access, limited to the contractor, designated contractor employees,
AJPD personnel, vehicle owners, or others having legitimate business reasons
for entering the facilities
4. Have entryways locked at all times when the contractor or contractor's
employees are not present
5. Be exclusive to the storing of towed vehicles only (i e shall be separate and
apart from facilities where vehicles are dismantled)
6 Have an all weather ground surface, such as concrete, asphalt, black top, stone,
macadam, limestone, iron ore, gravel, shale, caliche or other surface material
required to enable the safe movement of stored vehicles throughout the lot both
under their own power and while under tow, at all times, regardless of prevailing
weather conditions, ground surfaces shall also be free of overgrown vegetation,
whatever method chosen, such improvements must comply with PM-10
standards under City Ordinance No 1316
7 Have adequate illumination levels. "Adequate" shall mean sufficient to allow
inspection of a vehicle for damage at the time of release. At a minimum, there
shall be one lighting fixture contained at least a 250 watt element for each 1/4
acre of storage. Lighting shall be distributed to allow complete illumination of
storage yard at night and shall be arrayed to allow a patrol officer to view
individual vehicles in the storage yard from the public right-of-way consistent with
Crime Prevention Through Environmental Design ("CPTED") Standards
8 Be accessible between the hours of 8.00 A M and 5.00 P.M., Monday through
Friday, and 8 00 A M. and 12.00 P.M (noon) on Saturdays (excluding holidays),
for releasing vehicles and/or property, without additional charge.
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9 Have clearly visible and readable signage at the facility's main entrance Signs
shall. 1) have letters at least two (2") inches in height with a contrasting
background, 2) be visible at least 10 feet, and 3) contain, at a minimum the
following information
(a) The contractor's business name
(b) Street address
(c) Storage facility regular business hours
(d) Storage facility access telephone number (contractor or contractor's
employees responsible for allowing vehicle owner access to vehicles 24
hours per day 365 days per year)
(e) Contracted rate schedules
(f) Forms of payment for release of a vehicle, and
(g) Documents required for release of vehicles
B Business Office
A business office shall be located on the storage facilities premises and shall meet all
City building codes. It shall have permitted power subject to the approval of the
Building Official or his designee
SECTION 8. PERSONNEL
All personnel shall meet the qualifications as set forth in the Arizona Administrative
Code and shall meet the more restrictive requirements set forth herein Owners,
managers, drivers and employees of contract tow companies shall not have been
convicted of any felony offense within the ten-year period immediately prior to the date
of being awarded a contract by the City Council to perform towing services for the City
and such individuals may not be serving felony parole or probation while in contractual
privity of contract with City All contract tow companies shall have available sufficient
qualified personnel for the operation of their tow trucks and each driver shall have a
current chauffeur's license issued by the State of Arizona All drivers shall operate the
tow trucks in a safe and prudent manner and shall refrain from using profane and vulgar
language in any public area while performing work as a tow company Further, drivers,
owners or operators of list companies shall not solicit or suggest a repair facility to the
owner or driver of a damaged vehicle Additionally, each driver shall wear a safety vest
anytime they are in a roadway, including when hooking up vehicles to be towed and
when cleaning debris from the scene
All owners and managers shall have a minimum of three (3) years experience in the
operation of a tow company and all drivers shall have a minimum of three (3) years
towing experience References shall be given to AJPD pursuant to this RFP and
information shall be confirmed by AJPD staff. A complete background check of all
owners, managers, drivers, and employees shall be conducted by AJPD and all
individuals subject to this background check shall submit an unconditional release form
to AJPD. Any changes in personnel must be reported to and approved by AJPD
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SECTION 9. VEHICLE STORAGE
A. General
Vehicles shall be taken directly to the tow company's storage facility unless the tow
truck driver is advised differently by AJPD or the owner or driver of the vehicles Unless
prohibited under applicable law, such as A.R.S § 28-3511, vehicles may be reclaimed
from the storage yard upon request of vehicle owners and payment of all applicable
fees as set forth herein
For vehicles towed pursuant to A.R.S. § 28-3511, once contract tow companies receive
abandoned titles, tow companies must advise the 3511 hearing officer/tow coordinator
at AJPD within three (3) business days of the following police report number, vehicle
plate number, VIN, and year of vehicle.
B Vehicle Storage Procedures
Contractors shall store all vehicles towed under the contract at the storage facilities
designated herein, unless vehicle is towed to an alternate locations specified by the
owner, and subject to the following
(a) Contractors shall assume sole responsibility for the theft, disappearance, or
damage of a vehicle, all parts or any personal effects within the vehicle, once the
vehicle has been taken under tow and/or stored in its facilities This shall not
include items removed from the vehicle and taken into custody by an AJPD
officer.
(b) Contractors may remove a mechanical part, such as a battery or distributor rotor,
from the vehicle to prevent unauthorized removal of the vehicle If this is done
the contractor shall document such removal on the tow invoice inventory list and
shall be solely responsible for its return and reinstalled (at its own expense) at
the time of vehicle release, unless otherwise instructed by AJPD
(c) Contractors shall assist vehicle owners/owners agents, when necessary, by
retrieving ownership documents or identification from a towed vehicle or by
accompanying them while they retrieve documents from a towed vehicle.
(d) Contractors shall allow vehicle owner/owner's agents, with valid proof of
ownership or authorization, access to a towed vehicle for removal of personal
effects at any time after the completion of the tow, the contractor shall provide
this service without charge during regular business hours, the contractor may
assess an after-hours release fee, at the rate specified herein if the vehicle
owner/owner's agent requests access outside of regular business hours.
(e) Contractors shall allow vehicle owner/owner's agents, with valid proof of
ownership or authorization, access to a towed vehicle for purposes of inspecting
and/or documenting its condition, the contractor shall provide this service without
charge during regular business hours, the contractor may assess an after-hours
release fee, at the rate specified herein if the owner/owner's agent requests
access outside of regular business hours
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C Property Inventory Reports
An AJPD officer shall prepare a vehicle property inventory report for every vehicle
towed under the contract as soon as it is taken into tow company custody.
Contractors/tow truck operators shall keep a copy of this vehicle property inventory
Contractors may remove personal effects from a vehicle and place them into secure
storage to protect such personal effects from theft or loss. Any personal effects
removed from a vehicle shall be tagged with the tow number, vehicle identification
and vehicle license number and shall be noted on the tow invoice inventory list
SECTION 10. AVAILABILITY & E-MAIL COMMUNICATIONS
A. Availability
All contract tow companies shall have a person onsite to meet vehicle owners at the
business office of their vehicle storage facility during normal business hours for the
purpose of vehicle release or appraisal "Normal business hours" are defined as 8 a m
to 5 p.m. Monday through Friday, and Saturdays 8 a.m. to 12 noon, except the following
holidays New Year's Day, President's Day, Memorial Day, Independence Day, Labor
Day, Thanksgiving Day and Christmas Day At all other times, the tow company shall
have a telephone number prominently posted on the storage location for after hour
release of vehicles Contract tow companies are required to provide towing services 24
hours a day and every calendar day of the year Contract tow companies shall not
designate or send another tow company to substitute for them on their turn. Contract
tow companies shall be prepared to respond or shall ask to be passed and shall
provide a legitimate reason in writing within 24 hours after not making the call as to why
they were unable to respond to the call.
B E-mail Communications
Tow companies shall provide an active e-mail address to City for general notifications
and specifically for gas surcharge trigger point notifications Tow companies shall
acknowledge such e-mail communications from City within two (2) business days
SECTION 11. RESPONSE
Upon receiving a request for towing service, the contract tow company shall be
responsible for dispatching their own truck 24 hours a day, 365 days a year, including
weekends or holidays Response time from the time of receiving the request from
AJPD shall not be more than fifteen (15) minutes for arrival at the site designated by
said request This response time does not give or imply any permission for any driver
of a contract tow company tow truck to violate any law or ordinance In the event that a
tow truck driver is notified by an AJPD dispatcher to respond for tow service, and for
some reason cannot do so, it shall be the responsibility of the tow company to notify the
AJPD dispatcher within ten (10) minutes of their intention to "pass" and in writing within
24 hours as to why they passed on the call
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If a contract tow company passes on more than one rotation call per year, AJPD may
request, in writing, the reason for the passes to determine if they were made with just
cause If it is found that the passes were made for unacceptable reasons, AJPD may
take action against the contract tow company as more fully detailed within these
specifications. If a contract tow company is going to be unavailable to respond to a
rotation call, that contract tow company shall notify AJPD of the dates and times it will
be unavailable, as soon as possible That contract tow company shall also notify AJPD
upon its return to service.
SECTION 12. MAXIMUM RATE SCHEDULE
(a) Tow Rates No fees other than those listed on the rate schedule (Exhibit A) may
be charged during performance of this contract unless otherwise exempted
under this paragraph. These rates and fees shall apply 24 hours a day every
day of the year, including weekends and holidays, however, outside of normal
business hours, tow companies can charge additional pick-up fees outside the
attached designated fee schedule to accommodate vehicle owners for after-
normal business hour activity
All rates shall apply to the use of a single tow truck. Contractors shall not
disengage trailers from a vehicle requiring a tow if both can be towed safely as
one unit, absent waiver upon prior approval from an on-scene AJPD supervisor
or vehicle owner.
(b) Storage Rates Maximum allowable storage rates shall apply to each calendar
day (midnight to midnight) in which a vehicle is securely stored in accordance
with contractor's scope of work Rates shall not apply for the calendar day on
which a vehicle is picked up Additionally, should a vehicle be stored pursuant to
A R S § 28-3511, storage rates/charges shall not exceed $15 00 per day and
shall not incur a fuel surcharge Upon request by a 3511 hearing officer
coordinator, contract tow companies shall provide an itemized list of charges
within 72 hours of the release of vehicle
SECTION 13. REPORTING
A contract tow company shall not release any vehicle impounded by the Police
Department without written authorization from AJPD. In all cases of vehicle releases,
the contract tow company is solely responsible for determining that the vehicle is
released to the owner as indicated by MVD records or their authorized agent
SECTION 14. LICENSING
List companies shall maintain current state and city licenses for the operation of its
business within the City State licenses shall be those as required by the Arizona
Administrative Code City licenses shall be those as required by the Apache Junction
City Code All contract tow companies shall have been a licensed City business for a
minimum of six months prior to being awarded a contract.
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SECTION 15. RESIDENCY
The owner or manager of any tow company shall have at least six (6) months'
consecutive City residency up to the time of bid submittal, proof of which may include
rental receipts or recorded deed of residence located within the City limits, a voter
registration confirmation, and/or valid driver's license or Arizona identification card
Residency for such individuals must be maintained for the term of the contract
Notification of ownership or management residency shall be provided to the Tow
Sergeant within ten (10) calendar days of such change.
SECTION 16. RECORDS/AUDITS
A. Records
Each contract tow company shall maintain a record for each vehicle towed/stored under
the contract These records shall, at a minimum include.
(a) Date of provided towing services
(b) Date of storage
(c) Time of storage
(d) Vehicle service/tow location
(e) Make, model, year of vehicle
(f) License plate number and state
(g) Vehicle identification number
(h) Date the vehicle was claimed
(i) Time the vehicle was claimed
U) Identity of person who claimed the vehicle
(k) Identity of person(s) who removed personal property from the vehicle, and
(I) Date of 10-day filing (if applicable)
Note The filing of a 10-day report is required by Arizona Revised Statutes § 28-
4838, and the fees assessed by the Motor Vehicle Division for this filing may be
charged to the owner of the towed vehicle.
B Audits
On January 1st and July 1st of each calendar year the contract is in effect, each contract
tow company shall prepare a report to the Police Chief setting forth the number of tows
completed, costs, expenses, and other operating information the Police Chief deems
necessary in order for a comprehensive audit by AJPD to be completed within 60 days
of the anniversary date of each year the contract is in effect. Such reports shall include
information noted above for six-month increments Failure to file the annual reports
within thirty (30) calendar days of the above-noted deadlines shall result in termination
of the contract with the City.
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SECTION 17. SITE CLEANUP
Each contract tow company shall be responsible for the cleanup of the debris of the
towed vehicle at the scene of accidents investigated by AJPD and to which they have
responded Tow company shall remain on-scene until released by the officer in charge
of the investigation.
SECTION 18. CANCELLATION OF TOW SERVICE
After a contract tow company has received a request for towing service, such a request
may be cancelled at any time by AJPD or the owner or the authorized agent of the
owner of the vehicle requested to be towed, unless AJPD believes that a hazardous
situation or condition exists or may develop by the cancellation. If such request for
cancellation is made prior to any portion of the tow truck's equipment being physically
attached to the vehicle to be towed, then the contract tow company shall not charge
anyone for service. If this request is made subsequent to any portion of the tow truck
being physically attached to the vehicle to be towed, then the contract tow company
shall be allowed to charge for service even if for any reason said vehicle is not actually
towed
SECTION 19. ORDER OF ROTATION ON ROTATION LIST
When AJPD or an owner or driver of a vehicle needs a tow truck and no preference is
expressed by the owner or driver of a vehicle, the tow truck to be called will be the one
at the top of the rotation list A driver or vehicle owner has a right of refusal and can
request a specific tow company be contacted to tow their vehicle as long as the
requested tow company is approved by the officer on scene and can respond within a
reasonable time, unless the officer believes that by honoring the request, the vehicle to
be towed may contribute to a hazardous situation, or unless the vehicle is to be held or
impounded by AJPD In any event, the requested tow company shall comply with the
response time set forth for rotation companies A specific request call will not be
classed as a rotation list turn
The cost for the specific request tow shall be billed directly to the driver or owner of the
towed vehicle and shall not be a charge against the City.
SECTION 20. POLICE DEPARTMENT TOWS
In cases where a vehicle has been impounded by AJPD and towed to AJPD or City
storage lot, a contract tow company shall be used. When a vehicle is subsequently
released by AJPD and needs to be towed to a storage facility, the original contract tow
company will be utilized This second tow will not be classed as a rotation list turn.
SECTION 21. CHOICE OF TOW
If more than one vehicle is to be towed from the scene of the accident by contract tow
companies, the tow company on the top of the rotation list will be given the choice of
tow If a hazardous situation exists, the first tow company to arrive at the scene shall,
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at AJPD's direction, remove any vehicle(s) constituting or contributing to the hazard.
Refusal of the tow will result in automatic elimination from the tow list and termination of
that company's contract
SECTION 22. OFFICER AUTHORITY
Investigating officers in the field or their sergeants shall make all operational decisions
based on the circumstances at the accident scene
SECTION 23. INSURANCE
The Contractor shall at all times during the term of this Contract maintain public liability
and property damage insurance coverage, both general and automotive liability, as
shall protect it and the City from all claims for bodily injury, including accidental death, in
the minimum amount of $1 million per occurrence, $2 million aggregate for commercial
general liability, including contractual liability as indicated on the attached certificate of
insurance In addition, automobile liability coverage of at least $1 million per
occurrence or a combined single limit of at least $1,000,000 is required The auto
liability policy should contain endorsements for hired autos, non-owned autos and
scheduled vehicles, as applicable to the Contractor's business Garage liability
coverage shall be required for minimum limits of $1,000,000 per accident, $2,000,000
aggregate Motor truck cargo "on hook" liability is required at a minimum limit of
$50,000 Garage keeper's legal liability coverage is required with a minimum limit of
$100,000 per location.
The contract tow companies shall also procure and maintain in full force and effect
during the term that they are on the rotation list, fire, theft and vandalism coverage All
such policies shall require the insurance company involved to notify AJPD at least thirty
(30) calendar days prior to the expiration or any cancellation of the required policies,
and the contract tow company must furnish the City with the certificate of insurance with
respect to all such policies naming the City as an additional insured.
SECTION 24. INDEMNIFICATION AND HOLD HARMLESS
Contract tow companies shall indemnify the City and hold it harmless against. (1) any
and all losses and liability for personal injury, death or property damage arising out of,
or as a consequence of, any work performed under the contract, (2) any and all
expenses related to claims or lawsuits resulting from the above, including court costs
and attorney fees, and (3) any and all penalties and damages incurred by reason of the
contract tow company's failure to obtain any permit or license under, or comply with any
applicable law, ordinance or regulation
SECTION 25. APPEALS
All contractual grievances shall be submitted in writing to the Tow Sergeant within five
(5) calendar days after the difference of opinion or grievance occurs relating to any of
the provisions of the tow regulations set forth herein Within five (5) calendar days of
receiving a written grievance, the Tow Sergeant shall respond in writing to the tow
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company The tow company may within five (5) calendar days appeal this decision to
the Tow Lieutenant, who shall have five (5) calendar days to respond to the tow
company The tow company shall have five (5) calendar days to appeal to the Tow
Captain, who shall have five (5) calendar days to respond to the tow company The tow
company shall have five (5) calendar days to appeal to the Police Chief, who shall have
five (5) calendar days to respond to the tow company in writing. The Police Chief's
decision shall be final and binding, subject only to a further appeal by the tow company
in the Pinal County Superior Court pursuant to A.R.S. § 12-901, et seq
41111
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Exhibit A
TOW FEES AND COSTS — Project No. PD 2011 -
Towing (All Day, Any Day)
Light Duty $80 1st hour $20 every 15 minutes after
Medium Duty $160 1st hour $40 every 15 minutes after
Gate $55 light/medium vehicles
Additional Services
Dolly $55 light vehicles, plus hourly rate
$110 medium vehicles, plus hourly rate
Winching (per foot) $2 light vehicles for one cable, plus hourly rate
$4 medium vehicles for one cable, plus hourly rate
Helper (per hour) $48.00
Bumper Removal No fee for light vehicles, $60 medium vehicles, plus
hourly rate
Driveline Removal No fee for light vehicles, $60 medium vehicles, plus
hourly rate
Storage (Per Day)
Passenger Vehicle $40 00
Passenger Vehicle w/trailer $80 00
Motor Home $80 00
Bus $80 00
Other
Towing Boat under 25 ft. $40 (considered light vehicle)
Inside Storage $65.00
Over Ton Storage $110 00
Additional Charges
Up righting $80/hour light or medium vehicles
Off road $145 light vehicles, $175 medium vehicles
Skates $35 light vehicles, N/A all others ,..
Fuel Service Charges $20 if gas price is above $3 50/gallon
Flat Bed N/A light vehicles, hourly rate for medium vehicles
Due to the volatility of fuel pricing, the following table shall be in effect based upon current fuel
price average Once the fuel price average exceeds a trigger point as indicated in the table
below, the corresponding fuel surcharge may be added to the pre-tax portion of the tow bill,
excepting any portion of 3511 storage fees which are mandated by the State of Arizona and are
not subject to the fuel surcharge
Fuel Surcharges
Current Fuel Price Average (Trigger Point Price for Increase)
$4 01 5% fuel surcharge
$4 51 10% fuel surcharge
$5 01 15% fuel surcharge
$5.51 20% fuel surcharge
$6 01 25% fuel surcharge
$6 51 30% fuel surcharge
21
Exhibit B
UNDERSTANDING AND AGREEMENT— Project# PD 2011 -
(Complete and return with bid packet with all other documents noted on checklist attached
hereto)
PROPOSAL TO THE CITY'S POLICE CHIEF OF THE CITY OF APACHE JUNCTION,
ARIZONA.
In compliance with the advertisement for bids, and having examined these contract documents,
site work and being familiar with the conditions to be met, we hereby submit our
acknowledgment of the terms and conditions for furnishing the materials, equipment, labor and
provide everything necessary for the completion of the work listed. We further agree to execute
the contract documents and furnish the certificates of insurance for the completion of said work
at the location specified and for the prices set forth on these inside pages and all applicable
taxes.
We understand that the performance of this project shall be in accordance with the
Contract Documents and shall be in compliance with all applicable Local, State, Federal and
the City's codes and other requirements, except as otherwise required by the project
provisions and specifications
WE HEREBY ACKNOWLEDGE receipt of and confirm the terms and conditions
This proposal is submitted by , a corporation
organized under the laws of the State of ,a partnership
consisting of ,or an individual trading such as
and is the holder of Arizona
State Contractor's License No Classification
Respectfully submitted by
Firm
Mailing Address City State Phone
Officer/Title
ATTEST.
Officer and Title Witness(if bidder is an individual)
22
Exhibit C
EXCEPTIONS/ADDITIONS/CORRECTIONS
Project No. PD 2011 -
(Complete and return with Bid Proposal)
For uniformity and bid comparison purposes, all previous documents shall be
completed as received from the City of Apache Junction Should the Bidder wish to
propose or note any exceptions, additions, or corrections, they shall be included on this
page
23
Exhibit D
PROPOSAL QUESTIONNAIRE
CITY OF APACHE JUNCTION
PROJECT# PD 2011 -
TOWING AND VEHICLE STORAGE SERVICES
Bidder shall answer and submit the following information with its proposal. The City of
Apache Junction will use its discretion in reviewing answers to these questions in
determining Bidder's responsiveness and responsibleness
I. Availability of necessary equipment
1 Include a detailed list of vehicles (including quantity) available for use with this contract.
List truck specifications and equipment carried on these vehicles (Attach separate
sheets )
2. Indicate your answer to the following
I own a HD tow vehicle
I will subcontract HD towing services
If subcontracted, indicate name and address of subcontracted vendor and equipment
information.
3 Indicate your answer to the following
I own a Tractor Trailer vehicle for hauling of disabled HD vehicles
I will subcontract these services
If subcontracted, indicate name and address of subcontracted vendor and equipment
information
4. Do you have service only vehicles in your fleet?
Yes No
24
II. Availability of necessary staffing
5. Indicate number of employees in the following positions (this information is only for
named firm)
Total number of employees
Management total
Office staff total
Drivers
Lot personnel
Other
Additional information
III. Storage lot location and facilities
6 List your business address
7 List location for your dispatch center.
8 What is the size of the primary storage lot for the City of Apache Junction?
What is the average available capacity of your primary storage lot (state in number of
vehicles)?
9 Do you have an office located at your primary storage lot for the City of Apache
Junction?
Yes No
10 Does this location have an indoors waiting room and telephone access for customers?
Yes No
11. List location of your approved/anticipated primary storage lot for the City of Apache
Junction.
If storage lot is leased, provide the terms of the lease and the name and address of the
lessor
25
12 List, in detail, security features at the primary storage location for the City of Apache
Junction
13 Is the location of the primary storage lot for the City of Apache Junction within the
taxable boundaries of the City of Apache Junction'?
Yes No
If NO, complete the following
Primary storage lot for the City of Apache Junction is miles from the
borders of the City of Apache Junction
Indicate who provides the following services for the primary storage lot for the
City of Apache Junction tows
Police Protection
Fire Protection
14 Do all your secondary storage lots meet the requirements of this proposal'?
Yes No
15 What are the sizes of your secondary lots?
16 Do you have an office located at all your secondary storage lots'?
Yes No
17 Do all your secondary storage lots have a parking area for customers'?
Yes No
18 Do all your secondary storage lots have an inside waiting area and available telephone
access for customers?
Yes No
19. List location of all your approved secondary storage lots (Attach sheets if necessary)
If storage lot(s) is leased, provide the terms of the lease and the name and address of
the lessor
20 List, in detail, security features at all secondary storage lots (Attach sheets if
necessary)
26
21 Is the location of the secondary lots within the taxable boundaries of the City of Apache
Junction (Attach sheets if necessary)?
Yes No •-.
If NO, complete the following.
Secondary storage lot is_ miles from the borders of the City of Apache
Junction
Indicate who provides the following services for the secondary storage lots
Police Protection
Fire Protection
IV. Customer services to be provided
22 What are your hours of operation for storage lot personnel and what holidays are
observed?
23 Will you provide the minimum required payment methods as required in the RFP at all
storage lots?
Yes No
If NO, explain below.
24 Will owners, or owner's agents, be able to make payment at the same site the car is
stored'?
Yes No
If NO, explain below
27
25 What is the distance to the nearest public transportation of your primary storage lot for
the City of Apache Junction? Give complete details.
26. What is the distance to the nearest public transportation of all your secondary storage
lots? (Attach sheets if necessary.) Give complete details
V. Qualifications and stability of firm and principals
27. Has your firm been the debtor of a bankruptcy?
Yes No
If YES, explain below
28 Is your firm in the process of or in negotiations toward being sold?
Yes No
If YES, explain below
29. Has your firm been debarred from contracting with any local, state or federal
governmental agency?
Yes No
If YES, explain below.
28
30 Has a governmental or private entity terminated your firm's contract prior to contract
completion?
Yes No
If YES, explain below
31 Is a governmental entity currently investigating an owner, partner or officer of your firm?
Yes No
If YES, explain below
32 Does your firm have outstanding judgments pending against it?
Yes No
If YES, explain below.
33 Has your firm or any of its owners, partners or officers, been assessed penalties or
found to have violated any laws, rules or regulations enforced by governmental agencies
related to the towing industry? This does not include owners of stock in your firm if your ...
firm is a publicly traded corporation
Yes No
If YES, explain below.
34. Within the previous ten (10) years, has your firm or any of its owners, partners, officers,
managers, employees or drivers been convicted of a felony? Are any currently on
probation or parole?
Yes No
If YES, explain below.
29
35. Is submitting firm a parent, subsidiary, partner, holding company or affiliate of another
firm?
Yes No
If Yes, provide complete details on ownership and relationships
Which of these firms will submit a proposal to the City of Apache Junction?
36 What year was your firm, under the present ownership configuration, founded?
37. How many years has your firm been in continuous operation under current name?
38. List the Names and Addresses of partners or principal officers and directors
,..� 39 Provide background information for all principals of company, to include DOB, SSN,
address, etc.
VI. References and BBB ratings
40 Does your firm have a satisfactory rating with the Better Business Bureau?
Yes No
Include a copy of the report with your submittal
41 List three (3) references for which you have held towing contracts (government
preferred) and the length of time that you have held these contracts
Company or Agency Contact Phone Years
30
VII. Overall response to RFP
42 Do the services you intend to furnish meet or exceed the requirements of the General
and Specifications section of this RFP and will you agree to the Responsibilities of the
Contractor?
Yes No
If NO, explain below.
43. Insurance. provide name of insurance and bonding carriers that provide coverage for
your company
Liability Carrier Contact Phone
Bonding Carrier Contact Phone
44. Include copies of all required licenses and permits.
45. Do you agree to the fixed Tow Fees and Costs set forth in Exhibit A, and will you
consistently apply such prices to all customers to whom these provisions apply?
Yes No
If NO, explain below.
VII. Tour of Facility
Tours of firms will include, but are not limited to, the following items
• Facility as described in RFP
• Location
• Customer Access
• Signage
• Security Features
• Facilities
• Check of Tow Vehicles Present
• Organization of Lot
• Available Capacity of Lot
• Overview of Operation
31
.M.
AUTHORIZATION TO CONDUCT AN INVESTIGATIVE BACKGROUND CHECK
AND CONSENT FOR RELEASE OF PERSONAL INFORMATION
As part of the process for evaluating Bidders, investigative inquiries, which may include fingerprinting, will
be made by the City in which information is obtained through contact with criminal records sources,
Department of Public Safety, the Federal Bureau of Investigations, educational and vocational institutions
(both public and private), certification boards and licensing agencies, personal and professional
references and business associates and other parties with whom the prospective Bidder is acquainted
I hereby acknowledge that I have read and understand the paragraph above and I hereby authorize and
request any present or former employer, education or vocational institution (both public and private), law
enforcement agencies or other individuals having knowledge about me to furnish the City of Apache
Junction,Arizona with any and all such information in their possession and I hereby waive any and all
privacy rights that are associated with such information being disseminated to the City of Apache Junction
for the purposes of this tow services Request for Proposals
Name (please print).
DOB SSN DL#
Address
Signature
Date
If name has changed, print, former name(s) and any aliases below
Title of Position.
Company
*
This form must be submitted for all representatives of each tow company.
32
*
CHECKLIST OF REQUIRED DOCUMENTS TO BE SUBMITTED BY BIDDERS
*
Bidders shall indicate by initialing below that each of the following have been included in the
response
One signed and complete original of Exhibit B, Understanding and Agreement
Exhibit C, Exceptions/Additions/Corrections
One signed original and one complete copy of proposal packet
Copies of State Licenses, Local Licenses and permits necessary for operation of
business
Detailed list of vehicles and equipment available to service this contract
Better Business Bureau report
State Corporation Commission documents (must include information on all holdings)
Exhibit D, Proposal questionnaire
Authorization to Conduct an Investigative Background Check and Consent for
Release of Personal Information
33
Exhibit E
CERTIFICATE OF INSURANCE
CITY OF APACHE JUNCTION
PROJECT# PD 2011 -
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 General $1,000,000 Each
Liability Occurrence, $2,000,000
Products/Completed Operations
Aggregate, $2,000,000 General
Aggregate Limit
3 Contractual Bodily $1,000,000 Each Occurrence
Injury& Property
Damage
4 Professional Liability $1,000,000 Each Claim
5 Automobile Bodily $1,000,000 Each Occurrence
Injury& Property
Damage
6. Garage Liability $1,000,000 Each Occurrence;
$2,000,000 General Aggregate
Limit
7 Cargo"On Hook" $50,000 Each Accident
Liability
8. Garage Keeper's $1,000,000
Liability
+ 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 City Clerk and City Attorney 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 insured parties
Date Countersigned by
Title
SUBSCRIBED AND SWORN TO before me this day of 2011 by
as Insurer.
Notary Public My Commission Expires
34
Exhibit F
[DRAFT]
CITY OF APACHE JUNCTION
AGREEMENT FOR TOWING AND VEHICLE STORAGE SERVICES
PROJECT NO. PD 2011 -
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 RFP PD 2011- , 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 Titles 28 and 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 .
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. RFP PD 2011
which includes all required specifications .
2 . PAYMENTS & COMPLETION: The contract shall be the amount
payable by the City to the Contractor in the amounts set forth in
Exhibit A for the performance of the work under the contract
documents .
3 . CONTRACT TERM• The terms of this Contract shall be from
the date of written notice of the acceptance of the award of bid
by the City Council to October 4, 2016. Renewals shall be
allowed, as mutually agreed upon in writing by the Parties .
4 . LABOR AND MATERIALS • Unless otherwise provided in the
contract documents, Contractor shall provide, pay and insure
35
/1
under the requisite laws and regulations for all labor,
materials, equipment, tools and machinery, utilities,
transportation, other facilities and services necessary for the
proper execution and completion of the work whether temporary or
permanent, and whether or not incorporated or to be incorporated
in the work.
5 TAXES: Contractor shall pay all license, sales,
consumer, use and other similar taxes for the work or portions
thereof provided by Contractor which are legally enacted at the
time bids are received whether or not yet effective or
subsequently applicable due to acts of jurisdictions or bodies
other than City
6. PERMITS & FEES: Unless otherwise provided in the
contract documents, Contractor shall secure and pay for all
permits, governmental fees, licenses and inspections necessary
for the proper execution and completion of work which are
customarily secured after execution of the contract and which are
legally required. Contractor shall give all notices and comply
with all laws, ordinances, rules, regulations and lawful orders
of any public authority bearing on the performance of the work.
Contractor understands that the activity described herein
constitutes "doing business in the City of Apache Junction" and
Contractor agrees to obtain a 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.
7. INDEPENDENT CONTRACTOR. Contractor shall at all times
during Contractor' s performance of the services retain
Contractor' s status as an independent Contractor. Contractor' s
employees shall under no circumstances be considered or held to
be employees or agents of City, and City shall have no obligation
to pay or withhold state or federal taxes, or provide workers
compensation or unemployment insurance for or on behalf of them
eN or Contractor. Contractor shall supervise and direct the
delivery of the materials using its best skill and attention.
Except as provided in this Agreement, Contractor shall be solely
responsible for all means, methods, techniques, sequences and
procedures, and for coordinating all portions of the work
required by the contract documents Contractor shall be
responsible to City for the acts and omissions of its employees
8 . INDEMNIFICATION: Contractor shall defend indemnify and
hold harmless City, its mayor and council members, appointees,
officers, officials and employees, from and against tortious
claims, damages, losses and expenses (including but not limited
to attorney fees, court costs and the cost of appellate
proceedings) , relating to, arising out of, or alleged to have
resulted from the acts, errors, mistakes, omissions, work or
services of Contractor, its agents, employees, or any other
person for whose acts, errors, mistakes, omissions, work or
36
oillk
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.
9 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 `40%.
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.
10 . INSURANCE: Contractor, at its own expense, shall
purchase and maintain the minimum insurance as specified in the
Arizona Administrative Code for providing Tow Services, and other
additional requirements set forth herein.
All insurance required herein shall be maintained in full force
and effect until all work or service required to be performed
under the terms of the Agreement is satisfactorily completed and
formally accepted, failure to do so may, at the sole discretion
of the City constitute a material breach of this Agreement.
Contractor' s insurance shall be primary insurance as respect to
City, and any insurance or self-insurance maintained by City
shall not contribute to it.
Any failure to comply with the claim reporting provisions of the
insurance policies or any breach of an insurance policy warranty
shall not affect coverage afforded under the insurance policies
to protect City.
The insurance policies, except Workers Compensation, shall
contain waiver of transfer rights of recovery (subrogation)
against City, its agents, officers, officials and employees for
any claims arising out of Contractor' s acts, errors, mistakes,
omissions, work or services .
The insurance policies may provide coverage which contains
deductibles or self-insured retentions Such deductible and/or
self-insured retentions shall not be applicable with respect to
the coverage provided to City under such policies . Contractor
shall be solely responsible for the deductible and/or self-
insured retention and City, at its option, may require Contractor
37
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. In
addition, automobile liability coverage of at least $1 million
per occurrence or a combined single limit of at least $1, 000, 000
is required. The auto liability policy should contain
endorsements for hired autos, non-owned autos and scheduled
^ vehicles, as applicable to the Contractor' s business . Garage
liability coverage shall be required for minimum limits of
$1, 000, 000 per accident, $2, 000, 000 aggregate Motor truck cargo
"on hook" liability is required at a minimum limit of $50, 000.
Garage keeper's legal liability coverage is required with a
minimum limit of $100, 000 per location.
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
38
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
Aimik
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
11 . SUCCESSORS & ASSIGNS : City and Contractor each bind
themselves, their partners, successors, assigns and legal
representatives to the other party hereto and to the partners,
39
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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.
12 . 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 .
13 . SAFETY: Contractor and/or its subcontractors shall be
solely responsible for job safety at all times .
14 RIGHTS & REMEDIES • The duties and obligations imposed
by the contract documents and the rights and remedies available
hereunder shall be in addition to and not a limitation of any
duties, obligations, rights and remedies otherwise imposed or
available by law. No action or failure to act by City or
Contractor shall constitute a waiver of any right or duty
afforded any of them under the contract, nor shall any action or
failure to act constitute an approval of or an acquiescence to
any breaches hereunder except as may be specifically agreed to
in writing.
15. 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
Notwithstanding the above, the Contractor shall not be relieved of
liability to the City for damages sustained by the City by virtue
of any breach of the contract by the Contractor
The City may terminate the contract at any time by giving at least
twenty-four (24) hours notice in writing to the Contractor. If the
contract is terminated by the City as provided herein, the
Contractor will be paid for the time expended and expenses
incurred up to the termination date
16 . APPEALS : All contractual grievances shall be
submitted in writing to the Tow Sergeant within five (5) calendar
days after the difference of opinion or grievance occurs relating
to any of the provisions of the tow regulations set forth herein.
40
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Within five (5) calendar days of receiving a written grievance,
the Tow Sergeant shall respond in writing to the tow company.
The tow company may within five (5) calendar days appeal this
decision to the Tow Lieutenant, who shall have five (5) calendar
days to respond to the tow company The tow company shall have
five (5) calendar days to appeal to the Tow Captain, who shall
have five (5) calendar days to respond to the tow company The
tow company shall have five (5) calendar days to appeal to the
Police Chief, who shall have five (5) calendar days to respond to
the tow company in writing. The Police Chief' s decision shall be '.......
final and binding
17 RECORDS : Records of Contractor' s labor, payroll and
other costs pertaining to this Agreement shall be kept on a
generally recognized accounting basis and made available to City
for inspection on request Contractor shall maintain records for
a period of at least three (3) years after termination of this
Agreement, and shall make such records available during that
retention period for examination or audit by City personnel
during regular business hours .
18 . 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
19. 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
20 . 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
21 . 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") .
41
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
/'N 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.
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
42
By. John S . Insalaco
Title• City Mayor
ATTEST.
SAMPLE - Do Not
Sign
Kathleen Connelly
City Clerk
APPROVED AS TO FORM:
SAMPLE - Do Not
Sign
Richard J. Stern
City Attorney
43
Exhibit G
BID INQUIRY FORM
(General Clarifications)
PROJECT NAME TOWING AND VEHICLE STORAGE SERVICES
PROPOSAL NUMBER PW 2011-
INQUIRY DEADLINE 5 00 P M., MST - Arizona, , 20
QUESTIONS ON ORIGINAL RFP or ADDENDUM NO
SECTION NUMBER/NAME
NAME
FAX NO. PHONE NO
COMPANY
COMPANY E-MAIL ADDRESS.
DATE•
QUESTIONS
44
%
C
✓yity r f ache Junction
z11oine of �r�e ,S' per.ci Lion .11oun!a rrs
l'"
Print
TO: City Manager's Office
FROM: Giao Pham P.E., Interim Public Works Director
DATE: August 1, 2011
Agenda Type : Work Session Agenda
Council Priority Focus Area• Community Development
TITLE OF AGENDA ITEM:
PRESENTATION AND DISCUSSION ON PROPOSED RESOLUTION NO 11-14, DECLARING THAT
PORTIONS OF PUBLIC ROADWAY EASEMENTS LOCATED ON THIRD AVENUE BETWEEN
GOLDFIELD ROAD AND WAGONWHEEL ROAD ARE NO LONGER NECESSARY FOR PUBLIC
USE
ACTION REQUESTED.
Presentation and Discussion
DISCUSSION/ BACKGROUND INFORMATION.
An extinguishment of roadway easements on Third Avenue between Goldfield Road and Wagonwheel
Road has been requested by the adjacent property owners, who desire the use of these areas for
setbacks Staff has reviewed the submittal and has no technical objections since the use of the
federally patent easement is not feasible or needed Resolution No 11-14 extinguishes the above-
noted easements for public roadway and right-of-way purposes
FISCAL IMPACT.
Budgetary Approval Not Required
OPTIONS/ ALTERNATIVES:
RECOMMENDATION:
Presentation and discussion
ATTACHMENTS.
Click to download
v Memo to Council
D Resolution No. 11-14
... „..
,PACHE
OWPublic Works Department
o eily 4/14,444 lisilett..eis
wittikatH�'` '. Home of the Superstition Mountains
'IR ZONE
Date. July 21, 2011
To Honorable Mayor and Members of the City Council
Through• George Hoffman, City Manager
From• Giao Pham P E , Interim Public Works Director
Subject Extinguishment of Federal Patent Easement on Third Ave Between
Wagonwheel Rd and Goldfield Rd. Proposed Resolution No 11-14
Federal Patent Easements (FPEs) are a means whereby property is accessed by our citizens in
portions of Apache Junction FPEs were established as a means to provide public roadway
access to Federal Patent parcels, and to mitigate the need of local government to acquire
right-of-way to provide access to otherwise landlocked parcels FPEs are typically a total of 66
feet in width with 33 feet on each side of a common parcel lines
Third Ave between Wagonwheel Rd and Goldfield Rd has never been opened or maintained
by the City for public use The roadway is classified as a local roadway In addition, the FPE
does not provide public access to any landlocked parcels and adequate access to public rights-
of-way would be available Area transportation would not be adversely affected
Michael J Schmidt filed an application for the extinguishment on Third Ave between
Wagonwheel Rd. and Goldfield Rd The application included a support petition signed by Philip
L Hild the adjacent property owner, who also desires the extinguishment The property owners
desire the use of the 33 feet for reduction of setbacks and feel that additional roads are
unnecessary at that location.
575 E Baseline Avenue, Apache Junction, AZ 85119
• Voice (480) 982-1055 • Fax (480) 982-8005
RESOLUTION NO. 11-14
A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF
APACHE JUNCTION, ARIZONA, DECLARING THAT PORTIONS OF
PUBLIC ROADWAY EASEMENTS LOCATED ON THIRD AVENUE FROM
WAGONWHEEL ROAD TO GOLDFIELD ROAD AND DESCRIBED IN
EXTINGUISHMENT CASE EX-11-14 ARE NO LONGER NECESSARY FOR
OmS PUBLIC USE AS PUBLIC ROADWAY EASEMENTS AND ARE HEREBY
EXTINGUISHED AS PRESENT AND FUTURE PUBLIC RIGHTS-OF-WAY.
WHEREAS, the City of Apache Junction upon incorporation
became the holder of easements as described in Docket 177, page
368 and Docket 207, page 341, and on March 15, 2011 the fee
simple owners of the property, Michael J Schmidt ("Owner")
filed an application, included a support petition signed by the
adjacent property owner, Philip L. Hild with the Apache Junction
Public Works Department to extinguish the roadway easements; and
WHEREAS, such easements may be extinguished by local
municipal government pursuant to A.R. S. §§ 9-500 .24 and 28-7214;
and
WHEREAS, on March 15, 2011 the Owner also paid the required
non-refundable filing fee in application for the extinguishment
request pursuant to Apache Junction City Code § 13-2-4 (H) ; and
WHEREAS, pursuant to Apache Junction City Code § 13-2-4
(I) , the Director of Public Works on April 6, 2011, submitted
copies of the application for comment to the Development
Services Director, the Public Safety Director, the City
Engineer, the Apache Junction Fire District, as well as all
^ affected public utility providers; and
WHEREAS, no opposition was received from Salt River
Project, Southwest Gas, Arizona Water Company, and Superstition
Mountain Community Facilities District to the extinguishment
request, no response was received from Qwest Communications or
Mediacom; and
WHEREAS, the Interim Public Works Director/City Engineer,
ineer
the Public Safety Department, the Development Services
Department and the Fire District recommended extinguishment of
the roadway easements, and
RESOLUTION NO 11-14
Page 1 of 3
WHEREAS, the extinguishment request, if approved, would not
leave a parcel in separate ownership without access to an
established public roadway or easement connecting such lands
with another public roadway or easement, and
WHEREAS, the City Engineer has determined that the
easements in question because of their location and topography,
have no or de minimus public value. Amik
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA AS FOLLOWS.
1) The City Council of the City of Apache Junction, Arizona
finds that the roadway easements described and depicted in
Exhibits A and B are classified as local streets on the Street
Classification Plan and are no longer necessary for roadway
purposes and have no or de minimus public value.
2) The above-described easements are hereby extinguished for
public roadway and right-of-way purposes .
3) Nothing in this approval extinguishes the utility easement
interests of any public utility agencies/entities
PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
APACHE JUNCTION, ARIZONA, THIS DAY OF
SIGNED AND ATTESTED TO THIS DAY OF , 2011
JOHN S . INSALACO
Mayor
ATTEST.
KATHLEEN CONNELLY
City Clerk
RESOLUTION NO. 11-14
Page 2 of 3
APPROVED AS TO FORM:
RICHARD J STERN
oak City Attorney
RESOLUTION NO. 11-14
Page 3 of 3
EXHIBIT A
PARCEL 1 (Adjacent to parcel 103-05-017B)
The South thirty-three feet (33' ) of the Northeast quarter of
the Southeast quarter of the Northeast quarter of the Southeast
quarter of Section 22, Township 1 North, Range 8 East of the
Gila and Salt River Base and Meridian, Pinal County, Arizona, /,
EXCEPT the East thirty-three feet (33' ) and the West thirty-
three fee (33' ) THEREOF
PARCEL 2 (Adjacent to parcel 103-05-038F)
The North thirty-three feet (33' ) of the Southeast quarter of
the Southeast quarter of the Northeast quarter of the Southeast
quarter of Section 22, Township 1 North, Range 8 East of the
Gila and Salt River Base and Meridian, Pinal County, Arizona;
EXCEPT the West thirty-three feet (33' ) THEREOF.
EXHIBIT "B"
L - - - - _ I - - - - 1
SECOND AVENUE
I I I I I
I
18B I I 17A
I I I
0 o o
lO I0 - - - - - - I00
I ct I I I I ct
I I I
18A 17B
II 1 I I I
L - - - - - - 1 .. 1 33' 33'
- - - - THIRD - T %/ - -
, ti
I I I I I
I
I 38Fw
50' DEDICATED—R/W ,...] a
2 EL-Jj r--
37B 37A0 1
1 38G 0
I I I I
I I , I I I I
L - - -I- - - I - - - -
- - - - FOURTH AVENUE -
26 B SURROUNDING PARCELS
--- ROAD CENTERLINE
'/// Icn
PROPOSED E
EXTINGUISHMENT z
ps AC fit
City 0t/i fiche junction
,f odic' of the , tf/,er monn .1 ifoui tams
Print
TO: City Manager's Office
FROM Giao Pham P E., Interim Public Works Director
DATE: August 1, 2011
Agenda Type . Work Session Agenda
Council Priority Focus Area: Community Development
TITLE OF AGENDA ITEM
PRESENTATION AND DISCUSSION ON PROPOSED RESOLUTION NO. 11-29, DECLARING THAT
PORTIONS OF PUBLIC ROADWAY EASEMENTS LOCATED ON THIRD AVENUE BETWEEN
BOWMAN ROAD AND CONESTOGA ROAD ARE NO LONGER NECESSARY FOR PUBLIC USE
ACTION REQUESTED:
Presentation and Discussion
DISCUSSION/ BACKGROUND INFORMATION:
An extinguishment of roadway easements on Third Avenue between Bowman Road and Conestoga
Road has been requested by the adjacent property owners, who desire the use of these areas for
setbacks Staff has reviewed the submittal and has no technical objections since the use of the
federally patent easement is not feasible or needed Resolution No. 11-29 extinguishes the above-
noted easements for public roadway and right-of-way purposes
FISCAL IMPACT:
Budgetary Approval Not Required
OPTIONS/ALTERNATIVES.
RECOMMENDATION:
Presentation and discussion.
ATTACHMENTS:
Click to download
D Memo to Council
D Resolution No. 11-29
oZ� Public Works Department
s
t O
.e4 o � .2
Home of the Superstition Mountains
'qRI ONE
Date July 21, 2011
To Honorable Mayor and Members of the City Council
Through. George Hoffman, City Manager
From Giao Pham P E , Interim Public Works Director
Subject. Extinguishment of Federal Patent Easement on Third Ave Between
Bowman Rd. and Conestoga Rd Proposed Resolution No. 11-29
Federal Patent Easements (FPEs) are a means whereby property is accessed by our citizens in
portions of Apache Junction FPEs were established as a means to provide public roadway
access to Federal Patent parcels, and to mitigate the need of local government to acquire
right-of-way to provide access to otherwise landlocked parcels FPEs are typically a total of 66
feet in width with 33 feet on each side of a common parcel lines
Third Ave between Bowman Rd and Conestoga Rd has never been opened or maintained by
the City for public use The roadway is classified as a local roadway In addition, the FPE does
not provide public access to any landlocked parcels and adequate access to public rights-of-
way would be available Area transportation would not be adversely affected.
Donald D Dickerman filed an application for the extinguishment on Third Ave. between
Bowman Rd. and Conestoga Rd The application included a support petition signed by Philip L
Hild the adjacent property owner, who also desires the extinguishment The property owners
desire the use of the 33 feet for reduction of setbacks and feel that additional roads are
unnecessary at that location.
575 E Baseline Avenue Apache Junction, AZ 85119
• Voice (480) 982-1055 • Fax (480) 982-8005
RESOLUTION NO 11-29
A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF
APACHE JUNCTION, ARIZONA, DECLARING THAT PORTIONS OF PUBLIC
ROADWAY EASEMENTS LOCATED ON THIRD AVENUE FROM BOWMAN ROAD
TO CONESTOGA ROAD AND DESCRIBED IN EXTINGUISHMENT CASE EX-
11-29 ARE NO LONGER NECESSARY FOR PUBLIC USE AS PUBLIC
ROADWAY EASEMENTS AND ARE HEREBY EXTINGUISHED AS PRESENT
AND FUTURE PUBLIC RIGHTS-OF-WAY.
WHEREAS, the City of Apache Junction upon incorporation
became the holder of easements as described in Docket 169, page
564 and Docket 174, page 510, and on April 27, 2011 the fee
simple owner of the property, Donald D. Dickerman ("Owner")
filed an application, included a support petition signed by the
adjacent property owner, Billie J. Coy, with the Apache Junction
Public Works Department to extinguish the roadway easements; and
WHEREAS, such easements may be extinguished by local
municipal government pursuant to A.R. S. §§ 9-500.24 and 28-7214;
and
WHEREAS, on April 27, 2011 the Owner also paid the required
non-refundable filing fee in application for the extinguishment
request pursuant to Apache Junction City Code § 13-2-4 (H) , and
WHEREAS, pursuant to Apache Junction City Code § 13-2-4
(I) , the Director of Public Works on May 16, 2011 submitted
copies of the application for comment to the Development
Services Director, the Public Safety Director, the City
Engineer, the Apache Junction Fire District, as well as all
affected public utility providers; and
WHEREAS, no opposition was received from Salt River
Project, Arizona Water Company and Qwest Communications to the
extinguishment request, no response was received from Southwest
Gas, Mediacom or Superstition Mountain Community Facilities
District; and
WHEREAS, the Interim Public Works Director/City Engineer,
the Public Safety Department, the Development Services
Department and the Fire District recommended extinguishment of
the roadway easements; and
RESOLUTION NO.
Page 1 of 3
WHEREAS, the extinguishment request, if approved, would not
leave a parcel in separate ownership without access to an
established public roadway or easement connecting such lands
with another public roadway or easement; and
WHEREAS, the City Engineer has determined that the
easements in question because of their location and topography,
have no or de minimus public value
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA AS FOLLOWS:
1) The City Council of the City of Apache Junction, Arizona
finds that the roadway easements described and depicted in
Exhibits A and B are classified as local streets on the Street
Classification Plan and are no longer necessary for roadway
purposes and have no or de minimus public value.
2) The above-described easements are hereby extinguished for
public roadway and right-of-way purposes.
3) Nothing in this approval extinguishes the utility easement
interests of any public utility agencies/entities.
PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
APACHE JUNCTION, ARIZONA, THIS DAY OF
SIGNED AND ATTE
STED ESTED TO THIS DAY OF , 2011 .
JOHN S . INSALACO
^Mayor
ATTEST:
KATHLEEN CONNELLY
City Clerk
RESOLUTION NO
Page 2 of 3
APPROVED AS TO FORM:
OimiN
RICHARD J. STERN
City Attorney
RESOLUTION NO.
Page 3 of 3
0.44
EXHIBIT A
PARCEL 1 (Adjacent to parcels 103-04-017A and 103-04-017B)
The South thirty-three feet (33' ) of the Northwest quarter of
the Southeast quarter of the Northeast quarter of the Southwest
quarter of Section 22, Township 1 North, Range 8 East of the
Gila and Salt River Base and Meridian, Pinal County, Arizona;
EXCEPT the East thirty-three feet (33' ) and the West thirty-
three fee (33' ) THEREOF.
PARCEL 2 (Adjacent to parcel 103-04-030)
The North thirty-three feet (33' ) of the Southwest quarter of
the Southeast quarter of the Northeast quarter of the Southwest
quarter of Section 22, Township 1 North, Range 8 East of the
Gila and Salt River Base and Meridian, Pinal County, Arizona;
EXCEPT the East thirty-three feet (33' ) and the West thirty-
three fee (33' ) THEREOF.
i __
EXHIBIT "B"
-J L - - - - - - _ I - - - - l
SECOND AVENUE
1 1 1 I 1 I 1
r I I I I
01 I
Q
0
17A ; 17B ; 16A ; 16B
0
I ° 1 fyI
1i I I I I
i- 33' 33' — �-- — — —I— — — ___ i
Y
/ — — AVENUE
If
66' F 7
33' — N
31A
N
I < I 030 , ,
0 , Z , N 0 ,
- 31B
L - - - - ___I L - - - - _I
FOURTH AVENUE
0 00 SURROUNDING PARCELS
—-— ROAD CENTERLINE
cn
//�� EXTINGUIS F
SHMENT
RES-11-29
)pACH{,/G
0
it' of Apache junction
cis z
Home of the ,S-r/pe;:t2tioIJ ,tJountains
m,Print
TO: City Manager's Office
FROM: Hafiz Noor, Project Engineer, on behalf of Giao Pham P.E., Interim
Public Works Director
DATE: August 1, 2011
Agenda Type Work Session Agenda
Council Priority Focus Area: Community Infrastructure
TITLE OF AGENDA ITEM
PRESENTATION AND DISCUSSION ON RESOLUTION NO 11-39 AUTHORIZING THE CITY OF
APACHE JUNCTION TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT WITH THE
ARIZONA DEPARTMENT OF TRANSPORTATION FOR INSPECTION OF BRIDGES AND
CULVERTS WITHIN THE CITY LIMITS.
ACTION REQUESTED-
Presentation and Discussion
DISCUSSION/ BACKGROUND INFORMATION.
Presentation and discussion on Resolution No 11-39 authorizing the City of Apache Junction to enter
into an intergovernmental agreement with the Arizona Department of Transportation for inspection of
bridges and culverts within the City limits. The State of Arizona and the City of Apache Junction wish
to promote consistent inspection methodologies throughout the State
FISCAL IMPACT.
OPTIONS/ ALTERNATIVES•
RECOMMENDATION:
Presentation and discussion
ATTACHMENTS:
Click to download
L] Memo to Council
D Resolution No. 11-39
Amok
•PCHe
Public Works Department
,e1/14,444 th444a,eris
•
A '" tv Home of the Superstition Mountains
•q R 0NP
MEMORANDUM
Date. July 15, 2011
To. Mayor and Members of City Council
Through George Hoffman, City Manager
From Hafiz Noor, Project Engineer, on behalf of Giao Pham, Interim Public Works
Director
Subject Inter Governmental Agreement (IGA) for City Bridge Inspections
The National Bridge Inspection Standards (NBIS) requires that States must inspect, or
cause to be inspected, all highway bridges located on public roads, with some exceptions. The
NBIS outline requirements for inspection frequency and procedures that each State must follow,
including routine, in-depth, underwater and fracture critical member inspections, load rating, and
scour plans of action Compliance with the NBIS is a required component in order to be eligible
for Federal-Aid Highway Bridge funding
The State will cover the cost of City bridge inspections through adjusting the percentage of
Federal bridge funding allocated to off-system highway bridges
The attached written agreement ("IGA /JPA 11-118 I") sets forth the financial and
administrative conditions for bridge and culvert inspections
The Public Works Department is requesting City Council to approve the new Joint Project .4.114
Agreement (JPA) /Intergovernmental Agreement (IGA) with ADOT The State and the City wish
to enter into an agreement whereby the City authorizes the State to perform NBIS inspections
on bridges owned or controlled by the City.
575 E Baseline Avenue, Apache Junction, AZ 85219
• Voice (480) 982-1055 • FAX (480) 983-5752 or (480) 982-8005
Aft. Alb.
RESOLUTION NO 11-39
A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF
APACHE JUNCTION, ARIZONA, AUTHORIZING THE CITY TO ENTER
INTO AN INTERGOVERNMENTAL AGREEMENT WITH THE ARIZONA
DEPARTMENT OF TRANSPORTATION FOR INSPECTION OF BRIDGES
AND CULVERTS WITHIN THE CITY LIMITS
WHEREAS, the State is empowered by Arizona Revised Statutes §
28-401 to enter into this Agreement and has delegated to the
undersigned the authority to execute this Agreement on behalf of
the State; and
WHEREAS, the City is empowered by Arizona Revised Statutes §
48-572 to enter into this Agreement and has by resolution, a
copy of which is attached hereto and made a part hereof,
resolved to enter into this Agreement and has authorized the
undersigned to execute this Agreement on behalf of the City; and
WHEREAS, by order of 23 U. S .C. 151, the Federal Highway
Administration ("FHWA") in coordination with the American
Association of State Highway and Transportation Officials
(AASHTO) has implemented bridge inspection standards under 23
C F R 650 (C) , the National Bridge Inspection Standards
("NBIS") ; and
WHEREAS, the NBIS requires that State must inspect, or cause
to be inspected, all highway bridges located on public roads,
with some exceptions; and
WHEREAS, the NBIS outlines requirements for inspection
Ask frequency and procedures that all State' s must follow, including
routine, in-depth, underwater and fracture critical member
inspections, load rating, and scour plans of action, and
WHEREAS, compliance with of the NBIS is a required component
in order to be eligible for Federal-Aid Highway Bridge funding;
and
WHEREAS, consistent inspection methodologies throughout the
State is a public goal; and
RESOLUTION NO. 11-39
PAGE 1 OF 3
ems e's
WHEREAS, the State will cover the cost of bridge inspections
through adjusting the percentage of federal bridge funding
allocated to off-system highway bridges, and
WHEREAS, the State and the City wish to enter into an
agreement whereby City authorizes State to perform NBIS
inspections on bridges owned or controlled by the City; and
O
WHEREAS, the attached written agreement ("IGA /JPA 11-118 I")
sets forth the financial and administrative conditions for
inspections of bridges and culverts
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COUNCIL OF THE CITY OF APACHE JUNCTION ARIZONA, AS FOLLOWS:
1) The Mayor and City Council hereby approve the attached
intergovernmental agreement between the City of Apache
Junction and the Arizona Department of Transportation "IGA
/JPA 11-118 I" and the Mayor is hereby authorized to sign
the agreement on behalf of the City.
2) Under the terms of IGA /JPA 11-118 I, the City will not pay
for the inspections .
3) The City Manager and/or his designee is authorized and
directed to take all steps necessary to carry out the
purpose and intent of this resolution
PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
APACHE JUNCTION, ARIZONA, THIS DAY OF
2011 .
SIGNED AND ATTESTED TO THIS DAY OF , 2011 .
JOHN S INSALACO
Mayor
ATTEST:
KATHLEEN CONNELLY
City Clerk
RESOLUTION NO 11-39
PAGE 2 OF 3
APPROVED AS TO FORM.
RICHARD J. STERN
City Attorney
PIN
RESOLUTION NO. 11-39
PAGE 3 OF 3
ADOT File No IGA/JPA 11-118 I
AG Contract No . P001 2011 001886
Project Bridge Inspection
Section Various Locations
ADOT Project No MAINTAGR
Budget Source Item No.. N/A
INTERGOVERNMENTAL AGREEMENT
BETWEEN .�.
THE STATE OF ARIZONA
AND
CITY OF APACHE JUNCTION
THIS AGREEMENT is entered into this date , 2011, pursuant to
the Arizona Revised Statutes § 11-951 through 11-954, as amended, between the STATE OF ARIZONA,
acting by and through it's DEPARMENT OF TRANSPORTATION (the "State") and the CITY OF APACHE
JUNCTION acting by and through its MAYOR AND CITY COUNCIL (the "City") The State and the City
are collectively referred to as "Parties"
I. RECITALS
1 The State is empowered by Arizona Revised Statutes § 28-401 to enter into this Agreement and
has delegated to the undersigned the authority to execute this Agreement on behaf of the State
2 The City is empowered by Arizona Revised Statutes § 48-572 to enter into this Agreement and
has by resolution a copy of which is attached hereto and made a part hereof, resolved to enter into this
Agreement and has authorized the undersigned to execute this Agreement on behalf of the City
3 By order of 23 United States Code 151, the Federal Highway Administration (FHWA) in
coordination with the American Association of State Highway and Transportation Officials (AASHTO) has
implemented bridge inspection standards under 23 Code of Federal Regulations 650 subpart C, The
National Bridge Inspection Standards (NBIS) The NBIS requires that State must inspect, or cause to be
inspected, all highway bridges located on public roads, with some exceptions The NBIS outline
requirements for inspection frequency and procedures that each State's must follow, including routine, in-
depth, underwater and fracture critical member inspections load rating, and scour plans of action
Compliance with of the NBIS is a required component in order to be eligible for Federal-Aid Highway
Bridge funding r'►
4 A local agency has the authority to perform NBIS inspections on its Public bridges Currently,
some local agencies throughout the State perform such inspections. This agreement does not preclude a
local agency from requesting to perform NBIS inspections on its public bridges
5 The Parties wish to promote consstent inspection methodologies throughout the State
6 The State will cover the cost of City bridge inspections through adjusting the percentage of
Federal bridge funding allocated to off-system Highway Bridges
7 The State and the City wish to enter into an agreement whereby City authorizes State to perform
NBIS inspections on bridges owned or controlled by the City
THEREFORE; in consideration of the mutual coverants expressed herein it is agreed as follows
Page 2 IGA/JPA 11-118 I
II DEFINITIONS
NBI Inventoried Bridge
A structure including supports erected over a depression or an obstruction, such as water, highway, or
railway, and having a track or passageway for carrying traffic or other moving loads, and having an
opening measured along the center of the roadway of more than 20 feet between undercopings of
abutments or spring lines of arches, or extreme ends of openings for multiple boxes, it may also include
multiple pipes, where the clear distance between the openings is less than half of the smaller contiguous
opening
National Bridge Inspection Standards (NBIS)
Federal regulations establishing requirements for Inspection procedures, frequency of inspections,
qualifications of personnel, inspection reports, and preparation and maintenance of a State bridge
inventory The NBIS apply to all structures defined as bridges located on all public roads
Public Road,
Any road under the jurisdiction of and maintained by a public authority and open to public travel
HI. SCOPE OF WORK
1 The State will
a Inspect NBI inventoried bridges owned by City according to the NBIS
b Communicate with City on a timely basis and inform City of the start date of the bridge
inspection, and offer to meet with the designated representatives of City to discuss the inspection
c Forward the copies of completed bridge inspection report documents to the City in a timely
manner, if other activities are undertaken by the State. forward the copies of the relevant documents
generated for these tasks to the City
d Record the updated Bridge Inspection data in the ADOT database and transmit annually to
the FHWA
e The State will not carry out any recommended maintenance or repair activities for City
bridges
2. The City will
a Allow and authorize the State to inspect NBI inventoried bridges owned by City according to
NBIS
b Grant the State any necessary Rights of Entry or permits at no fee for the completion of the
State's tasks under this Agreement
c Provide the State all the necessary relevant information and documents such as copies of
bridge plans, average daily traffic counts, known deficiencies of the existing structures and
additions/deletions to its bridge inventory.
d Notify the State of all new or existing structures that may meet the NBI inventoried bridge
definition Also notify the State of any NBI inventoried bridge removal. transfer, or change of ownership.
Page 3 IG.A!JPA 11-118 I
e Provide traffic control at no ree during the bridge inspections by the State when necessary
f Once City performs the recommended repair work, forward the information and the
completion date to the State
IV. MISCELLANEOUS PROVISIONS
1 State may carry out its activities under this Agreement through consultants
2 The State will not carry out any maintenance or repair activities for local agency bridges
3 On its own discretion. City may accompany State or Consultant bridge inspection team to the
bridge site and actively participate in the inspection or be an observer
4 City may obtain a second opinion at City expense whenever it does not agree with the State's
findings and recommendations for bridge maintenance or repairs A second opinion shall be obtained by
hiring qualified bridge inspection engineers to perform an inspection per NBIS and accepted bridge
inspection procedures and practices and submit the completed bridge inspection documents to the State
for review and acceptance The State will make a final recommendation
5 The Parties to this Agreement agree that neither party shall be indemnified or held harmless by
the other party However, the Parties further agree that each party shall be responsible for its own
negligence Neither the State, nor any of its officers, employees, or contractors shall be liable for any
damage occurring to the City structure nor liability for any damages liability to third party unless the State
or its officers, employees, or contractors cause the damages
6 This Agreement shall become effective upon dating and signing of a Determination Letter by the
Arizona Attorney General's office
7 This Agreement is perpetual, except for the provisions for termination or cancellation in the
Agreement.
8 Either Party may terminate this Agreement upon thirty days written notice
9 This Agreement may be cancelled in accordance with Arizona Revised Statutes§38-511
10 The Parties agree to submit any disputes arising under this Agreement to binding arbitration
before the American Arbitration Association, except that if there are any parties involved in the dispute
other than the State and local agency, venue shall lie in Maricopa County Superior Court, Phoenix
Arizona
emN
Page 4 IGA/JPA 11-118 .I
11 All notices or demands upon any party to this Agreement shall be in writing and shall be delivered
in person or sent by mail, addressed as follows
Arizona Department of Transportation City of Apache Junction
Joint Project Administration Public Works Director
205 S 17th Avenue Mail Drop 637E Attn Giao N Pham, P E
Phoenix, Arizona 85007 575 East Baseline Avenue
(602) 712-7124 Apache Junction,Arizona 85119
(602)712-3132 Fax (480) 982-1055
(480) 982-8005 Fax
Finance Director
Attn Donna Meinerts
300 E Superstition Blvd
Apache Junction, Arizona 85119
(480)474-5451
dmeinerts@ajcity net
12 This Agreement is subject to all applicable provisions of the Americans with Disability Act(Public
Law 101-336, 42 U S C 12101-12213) and all applicable Federal regulations under the Act, including 28
CFR Parts 35 and 36 The parties to this Agreement shall comply with Executive Order Number 99-4
issued by the Governor of the State of Arizona and incorporated herein by reference regarding "Non-
Discrimination"
13. Non-Availability of Funds Fulfillment of the obligation of the State under this Agreement is
conditioned upon the availability of funds appropriated or allocated for the performance of such
obligations If funds are not allocated and available for the continuance of this Agreement, this Agreement
may be terminated by the State at the end of the period for which the funds are available No liability shall
accrue to the State in the event this provision is exercised, and the State shall not be obligated or liable
for any future payments as a result of termination under this paragraph
14 The City and the State warrant compliance with the Federal Funding Accountability and
Transparency Act of 2006 and associated 2008 Amendment(the"Act") Additionally, in a timely manner,
the City will provide information that is requested by the State to enable the State to comply with the
requirement of the Act, as may be applicable
15 The Compliance requirements for Arizona Revised Statutes§41-4401--immigration laws and
E-Verify requirement
a The City warrants compliance with all Federal immigration laws and regulations relating to
employees and warrants its compliance with Section A R S 23-214 Subsection A
b A breach of a warranty regarding compliance with immigration laws and regulations shall be
deemed a material breach of the contract, and the City may be subject to penalties up to and including
termination of the Agreement
c The State retains the legal right to inspect the papers of any employee who works on the
Project to ensure that the City or subcontractor is complying with the warranty under paragraph(a)
16 Pursuant to A R S Sections 35-391 06 and 35-393 06 each Party certifies that it does not have a
scrutinized business operation in Sudan or Iran For the purpose of this Section the term "scrutinized
business operations" shall have the meanings set forth in A R S Section 35-391 or and 35-393, as
applicable If any Party determines that another Party submitted a false certification, that Party may
impose remedies as provided by law including terminating this Agreement
AIM
Page 5 IGA/:IPA 11-118 I
17. In accordance with Arizona Revised Statutes § 11-952 (D) attached hereto and incorporated
herein is the written determination of each party's legal counsel and that the parties are authorized under
the laws of this State to enter into this Agreement and that the Agreement is in proper form
IN WITNESS WHEREOF, the Parties have executed this Agreement the day and year first above written
CITY OF APACHE JUNCTION STATE OF ARIZONA
Department of Transportation
By By
JOHN S. INSALACO SAM MAROUFKHANI, P.E
MAYOR Deputy State Engineer, Development
ATTEST
By
KATHY CONNELLY
City Clerk
IGA/JPA 11-118 I
ATTORNEY APPROVAL FORM FOR THE CITY OF APACHE JUNCTION
I have reviewed the above referenced Intergovernmental Agreement between the State of
Arizona, acting by and through its DEPARTMENT OF TRANSPORTATION, and the CITY OF APACHE
JUNCTION, an Agreement among public agencies which, has been reviewed pursuant to A.R S. § 11-
951 through § 11-954 and declare this Agreement to be in proper form and within the powers and
authority granted to the City under the laws of the State of Arizona
No opinion is expressed as to the authority of the State to enter into this Agreement
DATED this day of , 2011
City Attorney
13 .- r, . .o City o Apache
junciio i
Home Tree of the ,)'I; . 1ofintaills
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r Print
�.. TO' City Manager's Office
FROM. Shane Kiesow, Public Works Manager
DATE: August 1, 2011
Agenda Type : Work Session Agenda
Council Priority Focus Area: Additional Item Outside Scope of Identified Council
Priorities
TITLE OF AGENDA ITEM:
PRESENTATION AND DISCUSSION ON THE 2011 STREET CONDITION REPORT.
ACTION REQUESTED:
Presentation and Discussion
DISCUSSION / BACKGROUND INFORMATION:
Staff will present information on the status of the City's streets, current service level objectives and
funding.
FISCAL IMPACT:
Budgetary Approval Not Required
OPTIONS/ALTERNATIVES
RECOMMENDATION
Discussion/Informational.
ATTACHMENTS.
Click to download
t3 Street Condition Report Memo
pP H
Public Works Department
z
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Home of the Superstition Mountains
�R1`zo '
July 20, 2011
To Mayor and City Council Members
Through George Hoffman, City Manager
Giao Pham, Interim Public Works Director
From. Shane Kiesow, Public Works Manager
Subject 2011 Street Condition Report
Presentation/discussion will cover the status of the City's roadway network Presentation will
give a brief overview of the current capital improvement program (CIP) and street rating
processes Current street inventory conditions along with service level objectives and funding
will also be covered Presentation is intended for informational purposes.
575 E Baseline Avenue, Apache Junction, AZ 85219
• Voice (480) 982-1055 • FAX (480) 983-5752 or (480) 982-8005
4'1
Q CI J of Apache Junction
110fiie of the ,��u,he,:cIzi,ov A1oimmdit/in.
Print
TO City Manager's Office
FROM. Shane Kiesow, Public Works Manager
DATE: August 1, 2011
Agenda Type : Work Session Agenda
Council Priority Focus Area. Additional Item Outside Scope of Identified Council
Priorities
TITLE OF AGENDA ITEM
PRESENTATION AND DISCUSSION ON THE ANNUAL STREET MAINTENANCE PLAN FOR
FISCAL YEAR 2011-2012
ACTION REQUESTED
Presentation and Discussion
DISCUSSION / BACKGROUND INFORMATION:
Staff will present the planned street maintenance projects for Fiscal Year 2011-2012 including the
elements which influence and change the plan
FISCAL IMPACT:
Budgetary Approval Not Required
OPTIONS/ALTERNATIVES
RECOMMENDATION:
Discussion/Informational
ATTACHMENTS.
Click to download
❑ Street Maintenance Plan Memo
�.
PA &
�4 ti Public Works Department
1.
ezty
, /44.4 Jc yazay
a� �r Home of the Superstition Mountains
4 1ZON0
July 20, 2011
To Mayor and City Council Members
Through George Hoffman, City Manager
Giao Pham, Interim Public Works Director
From Shane Kiesow, Public Works Manager
Subject FY 2011-2012 Annual Street Maintenance Plan
Presentation will be given on the planned street maintenance projects for Fiscal Year 2011-
2012 Emphasis of the presentation will be on street maintenance inclusive to street
preservation, rehabilitative, and reconstruction projects planned for the upcoming year. The
maps highlight the work planned for 2011-2012 and the projects which still remain for future
years Presentation is for informational purposes
575 E Baseline Avenue, Apache Junction, AZ 85219
• Voice (480) 982-1055 • FAX (480) 983-5752 or (480) 982-8005
a/Apache junction
..f oni o/fbe Supe;:fitio►n ,'‘1 oun/ins
4Pt2O14P'
aS Print
TO. City Manager's Office
FROM: Shane Kiesow, Public Works Manager
DATE: August 1, 2011
Agenda Type Work Session Agenda
Council Priority Focus Area• Budgeted Operational Item
TITLE OF AGENDA ITEM.
DISCUSSION ON PW 2011-07, AWARD OF BID FOR PAVING MATERIALS TO MESA MATERIALS.
ACTION REQUESTED:
Presentation and Discussion
DISCUSSION/ BACKGROUND INFORMATION:
Staff will discuss the bid, opened on July 13, 2011, for paving materials to be used for street
reconstruction Two bids were received The lowest most responsible bid was submitted by Mesa
Materials, Inc in the amounts of$65.20 per ton for 12 5 mm, 5 1%AC Superpave, $61.63 per ton for
19 mm, 4.8% AC Superpave, $65 20 per ton for 19 mm, 5 0%AC EVAC, and $99 60 per ton for cold
mix.
FISCAL IMPACT:
16. Budgeted Expenditure
OPTIONS/ALTERNATIVES
RECOMMENDATION:
Discussion.
ATTACHMENTS.
Click to download
0 Pavinq Materials Memo
Ci Pavinq Materials Contract
4A h6-
't a Z Public Works Department
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" 0'rY• ,•f. Home of the Superstition Mountains
Date. July 19, 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 2011-07 Paving Materials
Staff solicited a request for proposal for paving materials The bid opening was July 13, 2011
where the following two (2) requests for proposals were received Both bids were reviewed for
responsibility and responsiveness, technical ability/merit, financial viability, references, and
pricing.
Mesa Materials, Inc 9.5 mm, 5 6% AC Superpave No Bid
12 5 mm, 5 1% AC Superpave $65.20 per ton
19 mm, 4 8% AC Superpave $61 63 per ton
119 mm, 5 0% AC EVAC $65.20 per ton
Cold Mix $99 60 per ton
Vulcan Materials Company 9 5 mm, 5 6% AC Superpave $74 63 per ton
12 5 mm, 5 1% AC Superpave $72 45 per ton
19 mm, 4 8% AC Superpave $71 36 per ton
19 mm, 5 0% AC EVAC $71 36 per ton
Cold Mix No Bid
Staff requests City Council to give consideration of award of contract to Mesa Materials, Inc.
575 E Baseline Avenue, Apache Junction, AZ 8119
• Voice (480) 982-1055 • FAX (480) 982-8005
CITY OF APACHE JUNCTION
AGREEMENT FOR
PROJECT NO . PW 2011-08
PRE-COATED CHIPS
THIS AGREEMENT made and entered into by and between the CITY OF APACHE
JUNCTION, an Arizona Tanicipal corporation ("City") aro. MESA MATERIALS,
INC, an Arizona corporation ("Contractor") , sometimes collectively referred
to as the "Parties" or individually as a "Party"
RECITALS
WHEREAS, in response to City' s Notice :nviting Bid Proposals dated
June 24, 2011, and any addendums applicable thereto, Contractor submitted a
proposal dated July 13, 2011, in which Contractor asserts its willingness,
ability and qualifications to provide this material; and
WHEREAS, City has complied with the public bidding requirements under
Arizona Revised Statutes Title 34 and Apache Junction City Code Article
3-7; and
WHEREAS, City and Contractor desire to set forth herein their
respective responsibilities and the manner and terms upon which Contactor
shall render the services
AGREEMENT
NOW, THEREFORE, City :atoll-is Contractor to provide materials, ana
Contractor agrees to provide the materials in accordance with the terms and
conditions set fortn below:
1 . PROJECT DESCRIPTION. Contractor shall provide and deliver or
cause to be provided and delivered in a good workmanlike manner, the
materials in accordance witn ana as more fully described in the Notice
Inviting Bid Proposals for Project No. PW 2011-08, on file with the Public
Works Department, which includes the following product description.
3/8" Pre-coated chips, stock-piled and delivered to the
Chip spreader
2 . CONTRACT TIME. The terms of this Agreement shall be from the
date of written award cy the City Council to June 30, 2012 . The Agreement
will be renewed automatically and continuously for successive periods of
one (1) year, not to exceed five (5) years from the original execution of
the original Agreement as long as City oudgets for and appropriates funds
for the successive renewal terms. This provision does not limit the
liability of the Contractor for actual caTages sustained by the City as a
result of any breacn of contract or warranty by the Contractor.
1
3. PRICING: The total cost amourt as ostl.ined in the Cost Proposal
of the Bid Proposal (Attachment A) incluaes all applicable taxes,
preparation charges, if any, transportation and aelivery charges fully
prepaid by tne Contractor to tne :estimation specified.
Price ad ustmerts wAli ne considered provided said adjustment (s) are
submitted with 15-calendar days advance written notice to the Public Works
Director Prices shall be in effect for the duration of the contract at
the unit prices bid, with a price aojustment as follows.
4. PAYMENTS: Payment will be made by the City within thirty (30)
calendar days after completion and acceptance of the material . Total
amount of this Agreement shall not exceed S5C0, 000. 00.
5. INDEPENDENT CONTRACTOR. Contractor shall at all times during
Contractor' s performance of tne services retain Cortractor' 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 aelivery 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, tecnnigaes, sequences and procedures, and for coordinating
all portions of the work required by the contract documents. Contractor
shall be responsible to City for tne acts and omissions of its employees,
sub-contractors and their agents ano employees and other persons providing
any of the materials under any contract aocument.
6. WARRANTY: Any omission on the part of City to condemn defective
work or materials at the time of construction shall not be deemed an
acceptance ana Contractor will be required to uoirect defective work or
materials at any time before final acceptance and within fourteen calendar
days of notice of aefect in writing ny the City Such work shall include
the repair or replacement of other work or materials damaged or affected by eiS
making the above repairs or corrective work all at no additional cost to
City. The warranties and guarantees provided in this subsection of the
contract documents shall be in addition to and not in limitation of any
other warranties, guarantees or remedies required by law, and shall survive
the expiration of this Agreement for the time period mentioned above.
7. TAXES . Contractor shall pay all license, sales, consumer, use
and other similar taxes which are legally enacted at the time bids are
received wnether or not yet effective or subsequently applicable due to
acts of jurisdictions or bodies other than City.
8 PERMITS & FEES. Unless otnerwise provided in the contract
documents, Contractor shall secure and pay for all permits, governmental
fees, licenses and inspections necessary which are customarily secured
after execution of the contract and which are legally required Contractor
shall give all noticesand comply with: -
� Li laws, ordinances, rules,
regulations and lawful oraers of any puolic authority. Contractor
understands that the activity described herein constitutes "doing business
in the City of Apacne Junction" and Contractor agrees to obtain a business
tax license pursuant to Article 8-5 of the Apacne Junction City Code from
the City Clerk' s Office ana keep sacs license current during the term of
this Agreement and after termination of this Agreement any time work is
performed pursuant to the warranty orOVisions set forth in Section 5. Any
activity by Subcontractor within the corporate City limits, will invoke the
eIN same business tax regulations on any Subcontractors, and Contractor ensures
its subcontractors sill obtain any required business tax license.
9 . INDEMNIFICATION: Contractor shall defend indemnify and hold
harmless City, its, agents, officers, officials and employees, from and
against all claims, damages, losses and expenses (including but not limited
to attorney fees, court costs and the cost of appellate proceedings)
relating to, arising out of, or alleged to have resulted from the acts,
errors, mistakes, omissions, work or services of Contractor, its agents,
employees, or any tier of Contractor' s Subcontractors or any other person
for whose acts, errors, nzstakes, omissron_s, work or services Contractor
may be legally liable. The amount and type of insurance coverage
requirements set forth herein will in ro way be construed as limiting the
scope of the inaem^its this paragraph.
10. SUBCONTRACTORS . All Subcontractors shall be identified by
Contractor prior to award of contract Contractor snail make no
substitutions for any Subcontractor, person or entity previously selected
without the approval of City
11. GOVERNING LAW AND VENUE- The terms and conditions of this
Agreement shall be governed oy ana 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 3urisaiction in Pinal
County, State of Arizona The parties hereby waive all provisions of law
eN providing for a change of venue in such. oroceeaing to any other county. In
the event either party snall 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 s}•all recover all costs including
reasonable attorney fees to oe determineo by the court in such action.
12. INSURANCE: Contractor, at its own expense, shall purchase and
maintain the herein stipulated minimum insurance with companies duly
licensed in the State of Arizona, possessing a current A.M. Best, Inc.
Rating of B++6, or approved unlicensed in the State of Arizona with
policies and forms satisfactory to City
All insurance required nereir snail be maintained in full force and effect
until all work or service required to be performed under the terms of the
Agreement is satisfactorily completed and formally accepted; failure to do
so may, at the sole discretion of the City constitute a material breach of
this Agreement.
3
Contractor' s insurance snail oe 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 (subrogat:on) 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 Sucn aeductible 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 ana 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 adverse 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, OOO, 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 provis. on or commutation clause, nor any provision
which would serve to limit third party action over claims.
4
011144
The Commercial General Liability additional insured endorsement shall be at
least as broad as the Insurance Service Office Inc ' s Additional Insured
Form CG 20101185, and shall Include coverage for Contractor' s operations
and products and completed operations
If required by this Agreement, if Contactor sublets any part of the work,
services or operations, Contractor shall purchase and maintain, at all
times curing 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 ae 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, ana $500, 000 disease policy limit.
In case any work is subcontracted, Contractor will require all
Subcontractors to provide vvcrkers Compensation and Employer' s Liability to
at least the same extent as required of Contractor.
CERTIFICATE OF INSURANCE
Prior to commencing work or services under this Agreement, Contractor shall
furnish the City with Certificates of insurance, or formal endorsements as
required by Agreement, issued by Contractors insurer (s) , as evidence that
policies providing the required coverages, cond3tons and limits required
by this Agreement are ,n full force and effect.
eliN 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 min_mum thirty (30) calendar days written
notice to City from Contractor All Certificates of Insurance shall be
identified with bid serial number and title
13 . QUANTITY All quantities stated in the Contract are subject to
adjustment as dictated by the City requirements Quantities at variance
with stated bid quantities may be purchased as required during the term of
the Agreement at the quoted prices - All quantities are approximate and are
not to be considered as an indication of actual requirements.
5
ems
14 SUCCESSORS & ASSIGNS. City aria Contractor each bind
themselves, their partners, successors, assigns and legal representatives
to the other party hereto era to tne partners, successors, assigns and
legal representatives of such other party In respect to all covenants,
agreements and obligations contained in tne contract documents. Neither
party to the contract shall assign the contract or sublet it as a whole
without the written consent of the other, nor shall the Contractor assign
any monies due or to become due to or to become due to it without the
previous written consent of City.
15. WRITTEN NOTICE: Written notice shall be deemed to have been
duly served if delivered in person to tne 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 registereo or certified mail, return receipt
requested, and first class postage prepaid to the last business address
known to them who gives the notice
16. CLAIMS FOR DAMAGES . Should either Party to the contract suffer
injury or damage to pesanal property because of any act or omission of tne
other party or of their employees or agents for whose acts they are legally
liable, claims shall be made in writing to such other parties within a
reasonable time after the first observance of such injury or damages
17 . LABOR & MATERIAL PAYMENT BOND . City shall nave 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 stanaard bond forms wnich rust ne completed by Contractor, and
Contractor agrees to conform to all provisions set forth in such forms.
18. SAFETY. Contractor and/or its Subcontractors shall be solely
responsible for job safety at all times
19 RIGHTS & REMEDIES: The duties and obligations imposed by the
contract documents and the rights and remedies available thereunder shall
be in addition to ana not a limitation of any duties, obligations, rights
and remedies otherwise imposed or available by lad. No action or failure
to act by City or Contractor shall constitute a waiver of any right or duty
afforded any of them unaer the contract, nor s~all any action or failure to
act constitute an approval of or an acquiescence to any breaches thereunaer
except as may be specifically agreed to in writing.
20. LIQUIDATED DAMAGES : Should Contractor fail to deliver the
supplies and/or perform the services within the time specified in this
contract, or any extension thereof, the actual damages to City for the
delay will be difficult to determine. Therefore, in lieu of actual
damages, Contractor shall pay no City as fixed, agreea, ana liquiaated
damages for each calendar day of aelay, the amount of $100 per day
Contractor shall not be charged with houidatea damages when the delay
arises out of cause beyond the control and without the fault of negligence
of Contractor. The City shall determine what is beyond the control of
Contractor and nis supplier
6
0
21 TERMINATION. Wither Party may terminate this Agreement with or
without cause as long as ore hundred twenty (120) calendar day advance
written notice is communicated to the other Party
22 . RECORDS . Records of Contractor' s material, payroll and other
costs pertaining to this Agreement shall be kept on a generally recognized
accounting basis and made available to City for inspection on request.
Contractor shall maintain records for a period of at least two (2) years
after termination of this Agreement, and shall Take such records available
/iN during that retention period for examination or audit by City personnel
during regular business hours
23. SEVERABILITY. if any part, term or provisions of this Agreement
shall be held _lrega_, onen_forceable or in conflict with any law, the
validity of the remaining portions and provisions hereof shall not be
affected.
24. CONFLICT OF INTEREST. The provisions of A.R. S. § 38-511
relating to cancellation of contracts due to conflicts of interest shall
apply to this contract
25. COMPLIANCE WITH FEDERAL AND STATE LAWS: The Contractor
understands and acknowledges the applicability to it of the American with
Disabilities Act, the Immigration Reform and Control Act of 1986, the Drug
Free Workplace Act of 1989, - -_e Arizona P ol_Lc Records Act, the Conflicts
of Interest law, and federal and state environmental laws and all other
applicable federal, state ana local laws Tne 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 Requ..rements 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") win corrpiy 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 breacn of toe 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 toe City
The City retains the legal right to inspect the papers of any
Contractor or Subcontractor' s employee aho 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 ranaom verification of
the employment records of tze Contractor and any of Subcontractors to
ensure compliance with Contractor' s Immigration Warranty Contractor
agrees to assist the City it regard to an/ ranaoT verifications performed.
7
mS
1
Neither the Contractor nor any of Subcontractors shall be deemed to
have materially breached the Contractor Immigration Warranty if the
Contractor or Subcontractor estaol.shes 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 emS
furnishing labor, time or effort in the State of Arizona by a contractor or
subcontractor. Services include construction or maintenance of any
structure, building or transportation facility or improvement to real
property.
26. COOPERATIVE USE OF CONTRACT T -e City has entered into various
cooperative purchasing agreeren:.s 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 ana government agencies in the State of
Arizona with the approval of the Contractor Ary such usage by other
entities must be in accordance with the statutes, codes, ordinances,
charter and/or procurement rules ana regulations of the respective
government agency.
Orders placed by other agencies and paymert thereof will be the sole
responsibility of that agency The City shall not be responsible for any
disputes arising out of transactions made ny others
27. AMENDMENTS: The representatives of the Parties (signatory for
Contractor noted below or his or her designee, and the City Manager, or his
or her designee) , shall be authorized to execute future amendments or
extensions of this Agreement..
IN WITNESS WHEREOF the parties hereto have caused this Agreement to
be signed by their duly authorized representative as of this day of ellS
, 2011.
Mesa Materials, Inc
an Arizona corporation
By
Print Nave
Title.
8
CITY OF APACHE JUNCTION
an Arizona municipal corporation
By• JOHN S. INSALACO
Title MAYOR
/1
ATTEST:
Kathleen Connelly
City Clerk
APPROVED AS TO FORM:
Richard J. Stern
City Attorney
9
STATUTORY PAYMENT BOND PURSUANT TO TITLE 34 ,
CHAPTER 2, ARTICLE 2, OF THE ARIZONA REVISED STATUTES
(Penalty of this Bond MUST be 100% of the Contract Amount)
KNOW ALL MEN BY THESE PRESENTS'
That, (hereinafter called the Principal) , as
Principal, and , a company /corporation holding a Certificate of
Authority to transact surety cusiness in the State of Ar_zona 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 bouna unto the City of Apache Junction
(hereinafter called the Obligee) , it 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 tnese presents
WHEREAS, the Principal r entered into a certain written contract with the
a as e. ere
p
Obligee, dated day of , 2011 to which
contract is hereby referred to and made a part hereof as fully and to the same
extent as if copied at length herein
NOW, THEREFORE, THE CONDITIONS OF THIS OBLIGATION IS SUCH, that if the said
Principal shall promptly pay all moneys due to all persons supplying labor or
materials to Principal or Principal's SCB-CONTRACTORS in the prosecution of the
work provided for in said contract, :.his obligation snail be void. Otherwise it
remains in full force and effect.
PROVIDED, HOWEVER, that this bona 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 snail recover as part of the judgment
reasonable attorney fees as may be fixed by the :udge of the court.
eN
Witness our hand this day of _ , 2011.
PRINCIPAL SEAL
BY.
AGENCY OF RECORD
AGENCY ADDRESS SURETY SEAL
BY.
10
/'\ /'\
CITY OF APACHE JUNCTION
PROJECT NO. PW
CERTIFICATE OF INSURANCE
The certifies that the following
insurance policies have been issued or behalf of.
NAME OF INSURED• ADDRESS
^ OF INSURED•
Type of Policy Elect 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 $1,003,000 Each Occurrence,
General $2,000,000 Proaucts
Liability /Completed Operations
Aggregate; $2,000,000
General Aggregate Limit
3 Contractual S1, 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 tnese policies shall not expire, be canceled or
changed until all work has been c.orrpleted ana the project has been accepted
by the CITY. If a policy aoes 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 t,ayor, Counc.:', appointees, officers,
employees and agents, are additional insured parties.
Date: Courtersigned ny•
Title
SUBSCPIBED AND SWORN TO before me this _ cay of ,2011
b as insurer.
Notary Publ.Ic
by Cc,rtr_sslon expires
11
es eiN
PROJECT NO P4 2011-07
COST PROPOSAL
Firm or Individual: /� 4 G
Address' -- - .�y/D /U ///L�Ger.' X . / /LSda /17.
Telephone No ( L/iG ) 00 '/572/ :ate• ?- /3 - Z G //
ITEM DESCRIPTION UNIT PRICE/TON
1. 9 5 LMM, 5 6% ac S2TERP; L $ /t/b /3 //> /TON
A/G 3/47
UNIT ?RICE IN WORDS
2 12.5 ram, 5 1% AC SUPERPAVE $ tJ , 2°/TON
6l Xf 1, /'i t/a /Jo GL /t 5 r91A/ Gvc t1.7
--� 'Li-5
-: .IT PRI:.E :N WORDS _.
3. 19 mrt, 4 .8% AC SUPERPAVE S 43/TON
5/y r y /L' /'G//`✓rr j 5/k777 T/7 /1 r . u ty
JN_T L ICE IN WORDS
4 19 m.TM, 0% AC EVAC $ S: Z°/TON
SjyT-y �ivar- Irv//tifl5 4.4,4 2-2.t, �� ZcA-c5
UNIT PRICE IN WORDS
5. COLD MIX $ c/TON
it._) rc Xi/ //rrjlS , i Si�rc GrIL 5
UNIT PRICE IN WORDS
Standby time for delivery trucks at U� ++
ge
Jobsite after 20 nmates $ • /HOUR
E/ // 7 /)e/ii. 5 UNIT PRICE I\ WORDS
PRICE ESCALATION CLAUSE ON PAGES 3-4
NOTE. PRICE INCLUDES DELIVERY AND APPLICABLE TAXES
Attachment A
?NCR ✓G
0 a City o f A pdc L e function
z
i..Ir ie rf-tfie .fiupov8tion ,1Jountains
r Print
TO: City Manager's Office
FROM: Shane Kiesow, Public Works Manager
DATE: August 1, 2011
Agenda Type Work Session Agenda
Council Priority Focus Area: Budgeted Operational Item
TITLE OF AGENDA ITEM
DISCUSSION ON PW 2011-08, AWARD OF BID FOR PRE-COATED CHIPS TO MESA MATERIALS,
INC IN AN AMOUNT NOT TO EXCEED $47 87 PER TON
ACTION REQUESTED.
Presentation and Discussion
DISCUSSION/ BACKGROUND INFORMATION:
Staff will discuss the bid, opened on July 13, 2011, for pre-coated chips to be used for the chip seal
project. Two bids were received The lowest most responsible bid was submitted by Mesa Materials,
Inc in the amount not to exceed $47 87 per ton
FISCAL IMPACT
Budgeted Expenditure
OPTIONS/ALTERNATIVES:
RECOMMENDATION:
Discussion
ATTACHMENTS:
Click to download
D Pre-coated Chips Memo
0 Pre-coated Chips Contract
p A NF
P Public Works Department
z � °
RT
itt Home of the Superstition Mountains
'�AIZO�
Date' July 19, 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 2011-08 Pre-Coated Chips
Staff solicited a request for proposal for pre-coated chips to be used for our chip seal project
The bid opening was July 13, 2011 where the following proposals were received Both bids
were reviewed for responsibility and responsiveness, technical ability/meat, financial viability,
references, and pricing
Mesa Materials, Inc $47 87 per ton
Cactus Asphalt $63 00 per ton
Staff requests City Council to give consideration of award of contract to Mesa Materials, Inc
575 E Baseline Avenue, Apache Junction, AZ 8119
• Voice (480) 982-1055 • FAX (480) 982-8005
CITY OF APACHE JUNCTION
AGREEMENT FOR
PROJECT NO . PW 2011-08
PRE-COATED CHIPS
THIS AGREEMENT trade and enterea into by ana between the CITY OF APACHE
JUNCTION, an Arizona municipal corporation ("City") and MESA MATERIALS,
INC, an Arizona corporation ("Contractor") , sometimes collectively referred
to as the "Parties" or znavidually as a "Party".
RECITALS
WHEREAS, in response to City' s Notice Inviting Bid Proposals dated
June 24, 2011, and any addendums applicable thereto, Contractor submitted a
proposal dated July 13, 23 .i, in which Contractor asserts its willingness,
ability and qualifications to provide trys material, ana
WHEREAS, City has complied w_Lth the public bidding requirements under
Arizona Revised Statutes Title 34 ana Apache Jurction City Code Article
3-7; and
WHEREAS, City and Contractor desire to set forth herein their
respective responsibilities and the manner and terms upon which Contactor
shall render the services
AGREEMENT
NOW, THEREFORE, City retains Contractor to provide materials, and
Contractor agrees to provide the rateria:.s in accordance with the terms and
conditions set forth below.
en
1 . PROJECT DESCRIPTION: Contractor shall provide aria deliver or
cause to be provided and delivered in a good workmanlike manner, the
materials in accordance with and as more fully descrinea in the Notice
Inviting Bid Proposals for Pro eot No. PW 20li-08, on file with the Public
Works Department, which includes the following product description:
3/8" Pre-coatea chips, stock-piled and delivered to the
Chip spreader.
2 CONTRACT TIME . The terms of this Agreement shall be from the
date of written award ny the City Council to June 30, 2012. The Agreement
will be renewed automatically and continuously for successive periods of
one (1) year, not to exceed five (5 years from the original execution of
the original Agreement as long as City budgets for ana appropriates funds
for the successive renewal terms This provision does not limit the
liability of the Contractor for actual damages sustained by the City as a
result of any breach of contract or warranty by the Contractor.
3 . PRICING• The total ;.ost amount as outlined in the Cost Proposal
of the Bid Proposal (Attachment A) includes all applicable taxes,
preparation charges, if any, transportation and delivery charges fully
prepaid by the Contractor to the destination specified.
Price adjustments will be considerec providea said adjustment (s) are
submitted with 15-calendar days advance written notice to the Public Works
Director. Prices shall be in effect for the duration of the contract at
the unit prices bia, wits a price adjustment as follows- eS
4 PAYMENTS ' Payment will be mace by the City within thirty (30)
calendar days after completion and acceptance of the material. Total
amount of this Agreement shall not exceed ?500, 000 00
5 INDEPENDENT CONTRACTOR. Contractor shall at all times during
Contractor' s performance of the services retain Contractor' s status as an
independent Contractor. Contractor' s employees shall under no
circumstances be considerea or held to be employees or agents of City, and
City shall have no obligation to pay or withhold state or federal taxes, or
provide workers compensation or unemployment insurance for or on behalf of
them or Contractor. Contractor shall supervise and direct the delivery of
the materials using its best skill and attention Except as provided in
this Agreement, Contractor shall be solely responsible for all construction
means, methods, techniques, sequences and procedures, and for coordinating
all portions of the work required by the contract documents Contractor
shall be responsible to City for the acts and omissions of its employees,
sub-contractors and their agents and employees and other persons providing
any of the :materials anger any contract document
6 . WARRANTY. Any omission on the part of City to condemn defective
work or materials at the time of construction snail not be deemed an
acceptance and Contractor will be required 'Lc) correct defective work or
materials at any time before final acceptance and within fourteen calendar
days of notice of defect in writing by the City Sacn work shall include
the repair or replacement of other Bork or materials damaged or affected by
making the above repairs or corrective work all at no additional cost to
City. The warranties and guarantees provided in this subsection of the
contract documents shall be in adaition to and not in limitation of any
other warranties, guarantees or remedies requirea by law, and shall survive
the expiration of this Agreement for the time period mentioned above.
7. TAXES. Contractor shall pay all license, sales, consumer, use
and other similar taxes which are legally enacted at the time bids are
received whether or not yet effective or s::rsequently applicable due to
acts of jurisdictions or bodies other than City.
8. PERMITS & FEES. Unless ot'erwl.se provided in the contract
documents, Contractor shall secure and pay for all permits, governmental
fees, licenses and inspections necessary which are customarily secured
after execution of the contract and which are legally req,3red. Contractor
2
ON ON
shall give all notices and comply with all laws, ordinances, rules,
regulations and lawful orders of any public authority. Contractor
understands that the activity described herein constitutes "doing business
in the City of Apache Junction" and Contractor agrees to obtain a business
tax license pursuant to Article 8-5 of the Apache Junction City Code from
the City Clerk' s Office and keep such license current during the term of
this Agreement and after termination of this Agreement any time work is
performed pursuant to t^e warranty provisions set forth in Section 5. Any
activity by Subcontractor witnin the corporate City limits, will invoke the
/, same business tax regulations on any Subcontractors, ana Contractor ensures
- its subcontractors will obtain any required business tax license
9 . INDEMNIFICATION. Contractor shall defend indemnify and hold
harmless City, its, agents, officers, officials and employees, from and
against all claims, damages, losses and expenses (including but not limited
to attorney fees, court costs and the cost of appellate proceedings)
relating to, arising out of, or alleged to have resulted from the acts,
errors, mistakes, omissions, work or services of Contractor, its agents,
employees, or any tier of Contractor' s Subcontractors or any other person
for whose acts, errors, mistakes, orrissions, work or services Contractor
may be legally liable. Tne amount and type of insurance coverage
requirements set forth nereir. will In no way be construed as limiting the
scope of the indemnity in tnis paragraph.
10. SUBCONTRACTORS. All Subcontractors shall be identified by
Contractor prior to award of contract Contractor shall make no
substitutions for any Subcontractor, person or entity previously selected
without the approval of City
11 GOVERNING LAW AND VENUE: The terms and conditions of this
Agreement shall be governed by and interpreted in accordance with the laws
of the State of Arizona. Any action at law or in equity brought by either
party for the purpose of enforcing a right or rights provided for in this
Agreement shall be tried in a court of competent 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 or_ng suit to enforce any terms of this
Agreement or to recover any aamages for ana or 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 aeter-tined by the court in such action.
12 . INSURANCE . Contractor, at its own expense, shall purchase and
maintain the herein stipulated minimum insurance with companies duly
licensea in the State of Arizona, possessing a current A.M. Best, Inc.
Rating of B4-4-6, or aoprovea _ceased 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 forrrally accepted, failure to do
so may, at the sole discretion of the C_ty constitute a material breach of
this Agreement.
3
riS
Contractor' s Insurance shall be primary insurance as respect to City, and
any insurance or self-insurance maintained pi City shall not contribute to
it.
Any failure to comply with the claim reporting provisions of the insurance
policies or any breach of an insurance policy warranty shall not affect
coverage afforded under the insurance policies to protect City.
The insurance policies, except Workers Compensation, shall contain waiver
of transfer rights of recovery (subrogation) against City, its agents, eS
officers, officials ana 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. Sucn 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 pond 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 rot be obligated, however, to
review same or to advise Contractor of any deficiencies in such policies
and endorsements, and sucn receipt shall rot relieve Contractor from, or be
deemed a waiver of City' s right to insist on strict fulfillment of
Contractor' s obligations under tr_s Agreement .
The insurance policies, except Workers Compensation and Professional
Liability, required oy this Agreement, snail 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 snail include coverage for bodily injury, broad form
property damage, personal injury, products and completed operations and
blanket contractual coverage inciading, but not limited to, the liability
assumed under the indemnification provisions of this Agreement which
coverage will be at least as broad as Insurance Service Office, Inc. Policy
Form CG 00011-03 or any replacement thereof.
Such policy shall contain a severability of interest provision, and shall
not contain a sunset provision or commutation clause, nor any provision
which would serve to limit third party action over claims.
4
The Commercial Genera: Liability adaiticnal insured endorsement shall be at
least as broad as the Insurance Service Office Inc. ' s Additional Insured
Form CG 20101185, and shall include coverage for Contractor' s operations
and products and completed operations .
If required by this Agreement, if Contactor sublets any part of the work,
services or operations, Contractor shall purchase and maintain, at all
times during prosecution of the work, services or operations under this
Agreement, an Owner and Contractor' s Protective Liability insurance policy
es for bodily injury and property damage, ircl ling aeath, which ray arise in
the prosecution of tne 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, ann 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 engagea in the performance of the work or services; ana
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 Cortractor.
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 requirea 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 dur.Lng tne life of tie Agreement, a renewal
certificate must be sent to City thirty (30) calendar days prior to the
expiration date and all required insurance shall not expire, be cancelled,
or materially changed without a minimum thirty (30) calendar days written
notice to City from Contractor. All Certificates of Insurance shall be
identified with bid serial number and title.
13 QUANTITY All quantities stated in the Contract are subject to
adjustment as dictated by tne City requirements. Quantities at variance
with stated bid quantities may be purcnasea as required during the term of
the Agreement at the quoted prices . All quantities are approximate and are
not to be considered as an inaication of actual requirements.
5
emN es
14 SUCCESSORS & ASSIGNS: City and Contractor each bind
themselves, their partners, successors, assigns and legal representatives
to the other party hereto and to the partners, successors, assigns and
legal representatives of such otner party it respect to all covenants,
agreements and obligations contained in the contract documents. Neither
party to the contract shall assign tre contract or sublet it as a whole
without the written conser. . of the other, nor shall tne Contractor assign
any monies due or to cecome due to or to become due to it without the
previous written consent of City.
eS
15. WRITTEN NOTICE: "vdr.tten notice snail oe deemed to have been
duly served if delivered in person to tne 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 reg_sterea or certified mail, return receipt
requested, and first class postage prepaid to tne last business address
known to them who gives to notice.
16. CLAIMS FOR DAMAGES : should eitner :arty to the contract suffer
injury or damage to personal property because of any act or omission of the
other party or of their employees or agents for whose acts they are legally
liable, claims shall be made in writing to such other parties within a
reasonable time after the first observance of such injury or damages.
17 . LABOR & MATERIAL PAYMENT BOND City shall have the right to
require Contractor to furnish bonds covering the faithful performance of
the contract ana the paymert of all obligations arising thereunder.
Attached are standard bond forms which must be completed by Contractor, and
Contractor agrees to conform to all provisions set forth in such forms.
18. SAFETY. Contractor and/or its Subcontractors shall be solely
responsible for job safety at all times.
19 . RIGHTS & REMEDIES: "_'ne auties and obligations imposed by the
contract documents ana tne rights and remedies available thereunder shall
be in addition to and not a limitation of any duties, obligations, rights OnS
and remedies otrerwise rmposea or available by law. No action or failure
to act byCityor Contractor shall con s _t.Ate a ,waiver of anyright or duty
9
afforded any of them under the contract, nor shall any action or failure to
act constitute an approval of or ar acquiescence to any breaches thereunder
except as may be specifically agreed to in wfiting
20 . LIQUIDATED DAMAGES . Shoula Cortractor fail to deliver the
supplies and/or perform the services w,.th:n t e tine specified in this
contract, or any extension thereof, the actual damages to City for the
delay will be difficult to determine. Therefore, in lieu of actual
damages, Contractor shall pay to City as fixed, agreed, and liquidated
damages for eacn calendar aay of delay, the amount of $100 per day
Contractor shall not be charged with iiquidatea aamages when the delay
arises out of cause beyond the control and without the fault of negligence
of Contractor. The City shall determine what is beyona the control of
Contractor and his supplier
6
emiN
21 . TERMINATION: Either Party may terminate this Agreement with or
without cause as long as one hundred twenty (120) calendar day advance
written notice is communicated to the other Party
22. RECORDS: Records of Cortracor' s material, payroll and other
costs pertaining to this Agreement snail be kept on a generally recognized
accounting oasis 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, ana shall make such records available
emiN during that retent.,_on period for examination or audit by City personnel
during regular business hours.
23. SEVERABILITY. If any part, term or provisions of this Agreement
shall be held illegal, unenforceable or in conflict with any law, the
validity of the remaining portions and provisions hereof shall not be
affected.
24. CONFLICT OF INTEREST. 71—e provisions of A.R. S. § 38-511
relating to cancellation of co„tracts due to conflicts of interest shall
apply to this contract.
25. COMPLIANCE WITH FEDERAL AND STATE LAWS The Contractor
understands and ac'snowlea es the a olicaoility to it of the American with
Disabilities Act, the Immigration Reform and Control Act of 1986, the Drug
Free Workplace Act of 1989, the Arizona Public Records Act, the Conflicts
of Interest lava, and federal and state en:\ironmental laws and all other
applicable federal, state and local laws Tie Contractor must also comply
with A.R.S § 34-301, "Employment of F...iers 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 tat 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 Warrant shall constitute a
material breach of this Contract and shall subject the Contractor to
penalties up to and including termination of this Contract at the sole
discretion of the City.
The City retains the legal right to inspect the papers of any
Contractor or Subcontractor' s employee who works on this Contract to ensure
that the Contractor or Subcontractor is complying with the Contractor
Immigration Warranty Contractor agrees to assist the City in regard to
any such inspections.
The City may, at its sole discretion, conduct random verification of
the employment records of the Contractor and any of Subcontractors to
ensure compliance with Contractor' s Immigration Warranty. Contractor
agrees to assist the City in regard to any random verifications performed.
7
9 '
Neither the Contractor nor any of Subcontractors shall be deemed to
have materially breacneo the Contractor :migration Warranty if the
Contractor or Subcontractor establishes that it has complied with the
employment verification provisions prescrbea oy sections 274A and 274B of
the Federal Immigration and Nationality Act ana the E-Verify requirements
prescribed by A.R. S 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 emN
furnishing labor, time or effort in the State of Arizona by a contractor or
subcontractor. Services include construction or maintenance of any
structure, building or transportation facility or improvement to real
property.
26. COOPERATIVE USE OF CONTRACT' The City has entered into various
cooperative purchasing agreements witn 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 ana/or procurement rules and regulations of the respective
government agency.
Orders placed by other agencies an payment thereof will be the sole
responsibility of that agency. The City shall not be responsible for any
disputes arising out of transactions maoe by others.
27. AMENDMENTS. The representatives of the Parties (signatory for
Contractor noted below or his or her designee, and the City Manager, or his
or her designee) , shall be aathorizea to execute future amenaments or
extensions of this Agreement
IN WITNESS WHEREOF the parties hereto have caused this Agreement to
be signet by their aaly authorized representative as of this day of ems
, 2011 .
Mesa Materia_s, Inc
an Arizona corporation
By.
Print Name.
Title:
8
eIN
CITY OF APACHE JUNCTION
an Arizona municipal corporation
By. 3OhN S. INSALACO
Tit] e. MAYOR
ATTEST:
Kathleen Connelly
City Clerk
APPROVED AS TO FORM:
Richard J. Stern
City Attorney
9
Polk 0°N
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, (nereinafter called the Principal) , as
Principal, and , a company /corporation holding a Certificate of eiN
Authority to transact surety business in the State of Arizona as issued by the
Director of the Department of Irsurance pursuant to Title 20, Chapter 2, Article
1, witn its principal office in the City of (hereinafter called
the Surety) are held and firmly bound unto the City of Apache Junction
(hereinafter callea 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 certa_n written contract with the
Obligee, dated day of , 20_1 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 Th_S OBLIGAT=ON 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 saia 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 w_tn the provisons, conditions and
limitations of said Title, Chapter and Article, to the sarre 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 oe fixed by the judge of the court. ION
Witness our hand this day of , 2011.
PRINCIPAL SEAL
BY
AGENCY OF RECORD
AGENCY ADDRESS SURETY SEAL
By
10
CITY OF APACHE JUNCTION
PROJECT NC PW
CERTIFICATE OF INSURANCE
The certifies that the following
insurance policies have peen issued or nehalf of.
NAME OF INSURED. ADDRESS
/rek OF INSURED.
Type of Policy Effect Expire Limits of
Insurance Number Date Date Liability
1 ' Workman's $100, 000 Each Accident,
Compensation .,_Jv$'0 0,GGv Each Disease,
$500,000 Disease Policy
Limit
.2. Commercial $1, 000,000 Eac' Occurrence;
General $2,000,000 Proaucts
Liability /Copieted Operations
Aggregate; $2,000,000
General Aggregate Limit
3 Contractual $1, 000, 000 Each
, . Bodily Injury Occurrence
& Property
Damage
4 Professional $1, 000, 000 Eacn Claim
. Liability
5 Automobile $1, 000, 000 Each
. Bodily Injury Occurrence
& Property
Damage
It is further agreed that these policies snail not expire, be canceled or
changed until all work nas been completed and the project has been accepted
by the CITY. If a policy does expire curing the life of the contract, a
renewal Certificate of the required coverage must be sent to the CITY of
Apache Junction net 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 adaittona_ insured parties.
Date: Countersigned by.
Title.
SUBSCRIBED AND SWORN TO before me this day of ,2011
by as I=•surer
Notary Public
3s' Conuniss.:.or_ Expires
11
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ITEM DESCRIPTION UNIT PRICE/TON
/B" PRE-COATED CrIT. S $ C7To,
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SPREPOER -14v.,"s)
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NOTE, PRICE INCLUDES DEL V7RS AND APPLICABLE TAXES ,
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Attachment A
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TO: City Manager's Office
FROM: Shane Kiesow, Public Works Manager
DATE: August 1, 2011
Agenda Type . Work Session Agenda
Council Priority Focus Area: Budgeted Operational Item
TITLE OF AGENDA ITEM:
PRESENTATION AND DISCUSSION ON PW 2011-09, MATERIAL AND LABOR TO LOWER AND
RAISE MANHOLES AND VALVES AT VARIOUS LOCATIONS THROUGHOUT THE CITY OF
APACHE JUNCTION, AS NEEDED
ACTION REQUESTED:
Presentation and Discussion
DISCUSSION / BACKGROUND INFORMATION:
Staff will discuss the bid, opened on July 13, 2011, for materials and labor to lower and raise manholes
and valves at various locations throughout the City of Apache Junction. One bid was received The
bid was submitted by Specialty Companies Group, LLC in the amounts not to exceed $250.00
mobilization, $125 00 to lower one manhole, $250 00 to raise one manhole, $125.00 to lower one water
valve, $225 00 to raise one water valve, and $75 00 to install one survey monument
FISCAL IMPACT.
Budgeted Expenditure
OPTIONS/ALTERNATIVES
RECOMMENDATION:
Discussion.
ATTACHMENTS.
Click to download
D Utility Adjustment Memo
0 Utility Adjustment Contract
pA
k P ti Public Works Department
etly 4o
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Home of the Superstition Mountains
'�RlZONA
Date July 19, 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 2011-09 Material and Labor to Lower and Raise Manholes and valves at
Various Locations throughout the City of Apache Junction, as needed
Staff solicited a request for proposal to lower and raise manholes and water valves and install
survey monuments This service would be utilized during street reconstruction The bid
opening was July 13, 2011 where the following bid was received The bid was reviewed for
responsibility and responsiveness, technical ability/merit, financial viability, references, and
pricing
Specialty Companies Group, LLC $250 00 Mobilization
$125.00 to lower one manhole
$250 00 to raise one manhole
$125 00 to lower one water valve
$225 00 to raise one water valve
$75 00 to install one survey monument
Staff requests City Council to give consideration of award of contract to Specialty Companies
Group, LLC
575 E Baseline Avenue, Apache Junction, AZ 8119
• Voice (480) 982-1055 • FAX (480) 982-8005
CITY OF APACHE JUNCTION
AGREEMENT FOR
PROJECT PW 2011-09
MATERIAL AND LABOR TO LOWER AND RAISE MANHOLES AND VALVES AT
VARIOUS LOCATIONS THROUGHOUT THE CITY OF APACHE JUNCTION
THIS AGREEMENT made and entered into by and between the City of Apache
Junction, an Arizona municipal Corporation ("Cty") and
SPECIALTY COMPANIES GROUP, I C, INC , an Arizona corporation
("Contractor") .
WHEREAS, in response to City' s Notice inviting Bid Proposals dated
July 24, 2011, ana any addendums applicable thereto, Contractor submitted a
proposal dated July 13, 2011, in whict Contractor asserts its willingness,
ability and qualifications to provide this work and service; and
WHEREAS. City has complied with the public bidding requirements under
Arizona Revised Statute Title 34 and Apache Junction City code Article 3-7;
and
WHEREAS, City and Contractor desire to set forth herein their
respective responsibilities and tne manner and terms upon which Contractor
shall render the services
NOW, THEREFORE, City re a_ns Contractor to perform, and Contractor
agrees to render the sera_ces in accordance with the terms and conditions
set forth belo1/2 .
1 . PROJECT DESCRIPTION- Contractor shall do and perform or cause
011 to be done and performed in a good worms manlike :canner, the work in
accordance with and as more fully described in the Notice Inviting Bid
Proposals for Pro:ect No PW 2011-09 or file with the Public Works
Department, whicn includes the following scope of work.
Material ana labor to lower and raise manholes and water valves at
various locations through the City of Apache Junction.
2 . CONTRACT TIME: The terms of this Agreement shall be from the
date of written award by the City Council to June 30, 2012. The Agreement
will be renewed automatically and continuously for successive periods of
one (1) year, not to exceea five ;E ) years from the original execution of
the original Agreement as long as City budgets for and appropriates funds
for the successive renewal terms. This provision does not limit the
liability of the Contractor for actual damages sustained by the City as a
result of any breach of contract or .~arrant;, by the Contractor.
3 INDEPENDENT CONTRACTOR: Contractor shall at all times during
Contractor' s performance of the services retain Contractor' s status as an
independent Contractor. Contractor' s employees shall under no
circumstances be considered or nelc 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 tnern or Contractor Contractor shall supervise and
direct the work to be cone using its best skiii 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 oe respons.ble to Cty for the acts and omissions of its
employees, Sub-Contractors and their agents and employees and other persons oms
performing any of the work under any contract document.
4. LABOR AND MATERIALS: Unless otherwise provided in the
contract documents, Contractor shall provide, pay and insure under the
requisite laws and regulations for all labor, materials, equipment, tools
and machinery, water, heat, utilities, transportation, other facilities and
services necessary for the proper execution and completion of the work
whether temporary or permanent, and whether or not incorporatea or to be
incorporated in the work.
5 INSPECTIONS AND QUALITY OF WORK: Contractor understands and
specifically agrees that ail work is to be performed pursuant to Maricopa
Association of Governments specifications and details, ("MAG"
specifications and details") witn 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 Pnoenix metropolitan
area, and shall use reasonable diligence and best judgment while exercising
its professional skill and expertise Contractor snall 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 deternire, in its sole discretion, wnether
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 nay be directed by City to conform to
said Contract Documents including MAG specifications and details, witnout
requirement of Change Order or any additional charge or cost to City
whatsoever. Contractor further agrees to make such corrections to the work
within the time for completion of work as specified in Section 16 herein
and shall not be entitled to additional time for completion of work for any
correction work needed to be performed hereunder. Failure to perform
correction work within the rime to complete work as provided in Section 16
shall subject Contractor to liquidates damages as provided therein.
6. WARRANTY: Contractor shall guarantee the wor< 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 ne required to correct defective
work or materials at any time before final acceptance; and within one year
2
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 seal, include the repair or
replacement of other work or materials damagea 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 w_n_ ch 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 aadition to and not in limitation of any other
warrantees, guarantees or remedies requirea by law, and shall survive the
expiration of this Agreement for the time period mentioned above.
7. TAXES. Contractor shall pay all license, sales, consumer, use
and other similar taxes for the work or portions t ereof provided by
Contractor which are legally enacted at tie time bias are received whether
or not yet effective or subsecuently applicable due to acts of
Jurisdictions or bogies other than City.
8. PERMITS & FEES: Unless otherwise provided in the contract
documents, Contractor shall secure and pay for all permits, governmental
fees, licenses and inspections necessary for the proper execution and
completion of work whicn are customarily securea after execution of the
contract and which are legally requirea. Contractor shall give all notices
and comply with all laws, ordirances, 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 busiress tax license pursuant to Artic? e 8-5 of the Apache
Junction City Come from the City Clerk' s Office and keep such license
current during the term of tnis Agreement and after termination of this
eiN Agreement any time work is performed pursuant to the warranty provisions
set forth in Section 5 Any activity by Sub-Contractors within the
corporate City limits, dill invoke the same business tax regulations on any
Sub-
Contractors, and Contractor ersures its Sub-Contractors will obtain any
required business tax license
9. SUPERINTENDENT: Contractor shall employ a competent project
superintendent who shall be in attendance at the project site during the
progress of the work The superintenaent 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 snail be confirmed in writing The designated
superintendent' s contact information shall be providea to the Public Works
Director or his designee an writing witrin five (5) working days after
execution of this Agreement .
3
els
10 PROGRESS SCHEDULE : Contractor shall, immediately after entering
into this Agreement, reaffirm the estimated progress scnedule as submitted
with the bid proposal . Said progress scnedule shall be maintained and
updated during the project
11 . INDEMNIFICATION: Contractor shall defend indemnify and hold
harmless City, its, agents, officers, officials and employees, from and
against all claims, damages, losses and expenses (including but not limited
to attorney fees, court costs and the cost of appellate proceedings)
relating to, arising out of, or alleged to have resulted from the acts,
errors, mistakes, omissions, work or services of Contractor, its agents,
employees, or any tier of Contractor' s Sab-Contractors or any other person
for whose acts, errors, mistakes, oiission_s, wor< or services Contractor
may be legally liable The amount ana type of insurance coverage
requirements set forth herein will in no way be constrlea as limiting the
scope of the indemnity in this paragraph.
12. SUB-CONTRACTORS• All Sub-Contractors chosen by Contractor will
be subject to City' s approval . All Sub-Contractors shall be identified by
Contractor prior to award of contract. Contractor shall make no
substitutions for any Sub-Contractor, person or entity previously selected
without the approval of City.
13. GOVERNING LAW AND VENUE. T'.e terms and conditions of this
Agreement shall be governed by and lrterpreted 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 stall recover all
costs including reasonable attorney fees to be ceterminea by the court in
such action
14. INSURANCE . Contractor, at Its own expense, shall purchase and OmN
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 snail be maintained in full force and effect
until all work or service required to oe perforrea ander the terms of the
Agreement is satisfactorily completed and formally accepted; failure to do
so may, at the sole a_scretion of the City constitute a material breach of
this Agreement
Contractor' s insurance shall be primary insurance as respect to CITY, ana
any insurance or self-insurance maintained by City shall not contribute to
it.
4
Any failure to comply with the claim reportire 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, omissjons, work or services.
The insurance policies may provide coverage which contains deductibles or
self-insured retentions . St.ch deductible ano/or self-insured retentions
0.1 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 al- 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, 00C, 000 for each occurrence witn a $2, 000, 000
Products/Completed Operations Aggregate and a $2, 000, 000 General Aggregate
Limit. The policy shall tncl. de coverage for bodily injury, broad form
property damage, personal injury, products and completed operations and
blanket contractual coverage including, but rot 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 :nc. ' s Additional insured
Form CG 20101185, and shall include coverage for CONTRACTOR' S operations
and products and completed operations
5
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 garage, including death, which may arise in
the prosecution of the Contractor' s woi <, service or operations under this
Contract. Coverage shay , 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 perforrance of the work or services; and
Employer' s Liability insurance of not less than $100, 000 for each accident,
$100, 000 disease for each employee, and $500, 000 disease policy limit.
In case any work is sub-contracted, Contractor will require all Sub-
Contractors to provide Workers Compensation and Employer' s Liability to at
least the same extent as required of Contractor
Professional Liability
If deemed applicable by the City Attorney, Contractor will maintain
Professional Liability insurance covering acts, errors, mistakes ana
omissions arising out of the work or services performed by Contractor, or
any person employed by Contractor, witn a limit of not less than $1, 000, 000
each claim.
CERTIFICATE OF INSURANCE
Prior to commencing work or services ander this Agreement, Contractor shall
furnish the City witn 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 requirea
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 Agreerent, a renewal
certificate must be sent to City tnirty (30) calendar days prior to the
expiration date and all requited insurance shall not expire, be cancelled,
or materially changed without a rrini'rurr thirty (30i calendar days written
notice to City from Contractor. Ali Certificates of Insurance shall be
identified with bia serial number and title
15 . CHANGE ORDERS . This ls a Lump Sum Contract. However, change
orders may be processed as delineated herein A change order is a written
order to Contractor, approvea by the Director of Public Works, issued after
execution of the contract authorizing a change in the work or an adjustment
6
/m1 /mN
in the contract sum or tie contract tiTe A change order signed by
Contractor indicates its agreement therewith City may, without
invalidating the contract, order changes in the work within tne 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 tne work s'rall be autnorized by change order and shall
be performed under tne 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 as:ustment 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
OillS be binding upon City and Contractor.
16. PAYMENTS & COMPLETION: The total cost amount as outlined in
the Cost Proposal of the Bid Proposal (Attachment A) , shall be paid as
noted under this Section, and includes all applicable taxes, preparation
charges, if any, transportation and delivery charges fully prepaid by the
Contractor to the destination specified Upon notice that the work is
ready for final inspection or acceptance, City representatives shall
promptly cause to be mace an inspection When City finds the work
acceptable under the contract documents, City s:-all promptly submit for
processing a certificate for payment stating that to tre best of their
knowledge, information and belief and on tne basis of its observation and
inspection, the work has beer completed in accordance with the terms and
conditions of tne contract documents and that partial payment or the entire
balance one the Contractor is payable. No final payment shall become due
until the Contractor submits to tne all required lien waivers, releases and
any other data establishing payment or satisfaction of all Contractor' s
obligations. If any Sub-Contractor refuses to furnish a release or waiver
required by City, Contractor may furnish a bond satisfactory to the City to
indemnify City against any such lien If any such lien remains
unsatisfied after all payments are made, Contractor shall refund to City
all monies that the latter Tay be compelled to pay in discharging such
liens, including all costs and reasonable attorneys fees.
17. SUCCESSORS & ASSIGNS • City and Contractor each bind
es 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. Neitner
party to the contract shall assign tne 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.
Written notice h be
NOTICE* snail deemed to have been
18. WRITTENNO
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 crass 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
7
other party or of their employees or agents for whose acts tney are legally
liable, claims shall be made in writing to such other parties within a
reasonable time after the first observance of such injury or damages
20. PERFORMANCE BOND & LABOR & MATERIAL PAYMENT BOND: City shall
have the right to require Contractor to furnish bonds covering the faithful
performance of the contract and the payment of all obligations arising
thereunder Attached are standard bond forms ~:Rich mast 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 eS
excavation and traffic regulations, Contractor and/or its Sub-Contractors
shall be solely responsible for :lob safety at all times.
22 . RIGHTS & REMEDIES. Tne duties and obligations imposed by the
contract documents and the rights and remedies available thereunder shall
be in addition to and not a Imitation of any duties, obligations, rights
and remedies otherwise imposed or available by law. No action or failure
to act by City or Contractor shall constitute a waiver of any right or duty
afforded any of them under the contract, nor shall any action or failure to
act constitute an approval of or an acquiescence to any breaches thereunder
except as may be specifically agreed to in writing.
23. TIME IS OF THE ESSENCE: All time limits stated in the
contract documents are of tne essence 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 specifocally disclaimed herein, or by change
orders in the work or any labor disputes, dire and unusual delay in
transportation, adverse weatier conditions not reasona.buv 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 snall be extended by change order for
such reasonable time as City may detemn 'e, except as otherwise provided
for in Section 17 as noted above Any ciaiT for extension of time shall be
made in writing to the Director of Public Works not more than seven (7)
calendar days after the commencement of tne delay, otherwise said claim
shall be waived by Contractor. In the ease of a continuing delay, only one
claim is necessary. Contractor snail provide an estimate of the probable
effect of such delay on the progress of work. This section does not
exclude the recovery of damages for delay by either party under the
provisions of the contract documents .
24. TERMINATION BY CONTRACTOR. If the work is stopped for a period
of fifteen (15) cale-_ a.r days ander an order of any court or other public
authority having urisaiction or as a result of an act of government such,
as declaration of rational emergency making Taterial unavailable through no
act or fault of Contractor or a Sub-Contractor or their agents or.
employees, Contractor -ray apon 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 s.;stained upon any materials, equipment,
tools, construction equipment anc mac ._eery including reasonable profit and
damage.
8
25 TERMINATION BY CITY• If Contractor is adjudged bankrupt or if
it makes a general assig .nrent for tie 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 lass, ordnance, rules, regulations or
orders of any public authority naving jurisdiction or otherwise is guilty
of a suostantiai 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
ON 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 paced to the Contractor. If such costs exceed the
unpaid balance, Contractor snail 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 tnis Agreement shall be kept or 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 mL.t,Aally understood and agreed that no
alteration or variation of the terms and conditions of this Agreement shall
be valid unless made in writ_rg and signed by the parties hereto, and that
oral understandings or agreements not incorporated herein shall not be
es binding on the parties .
28. SEVERABILITY If any part, tear or provisions of this Agreement
shall be held illegal, unenforceable or in conflict witn any law, the
validity of the remaining portions and prov_sions hereof shall not be
affected.
29. CONFLICT OF INTEREST. The provisions of A R.S. S38-511 relating
to cancellation of contracts due to conflicts of interest snail apply to
this contract.
30. COMPLIANCE WITH FEDERAL AND STATE LAWS: Tne contractor
understands and acknowledges the applicability to it of the American with
Disabilities Act, the Immigration Reform and Control Act of 1986, the Drug
Free Workplace Act of 1989, the Arizona Public records Act, the Conflicts
of Interest law, and federal and state environmental laws and all other
applicable federal, state and local laws The Contractor must also comply
9
eaN
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 provis_Lons of A.R S § 41-4401, Contractor hereby warrants
to the City that the Contractor ana 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 Imm grati.or 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 ana 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 prescribes by sections 274A and 274E 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 rust oe included in any contract the
Contractor enters into with any and all of its Subcontractors who provide
services under this Contract or any suocontract. "Services" are defined as
furnishing labor, time or effort in tr.e State of Arizona by a contractor or ^
subcontractor. Services include constructior or maintenance of any
structure, building or transportatior facility or improvement to real
property.
31. COPERATIVE USE OF CONTRACT* The City has entered into various
cooperative purchasirg agreements with other Arizona government agencies,
including the Strategic Alliance for Volume Expenditures "SAVE"
cooperative. This contract may ce 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 red lations of the respective
government agency.
Orders placed by other agencies and payment thereof will be the sole
responsibility of that agency. The City shall rot be responsible for any
disputes arising out of transactions made by others
10
IN WITNESS WHEREOF the parties hereto have caused this
Agreement to be signed by their duly authorized representative as of this
day of , 2011.
SPECIALTY COvIPANIES GROUP, LLC
By:
Print Name.
Title-
STATE OF ARIZONA }
ss.
COUNTY OF
The foregoing instranrent was acknowledged before me this day of
2011, by as
CONTRACTOR in the above-referenced Agreement.
Witness my rand and official seal .
My Commission Expires.
Notary Public
ATTEST:
Title:
APPROVED AS TO FORM-
Title:
11
CITY OF APACHE JUNCTION
an Arizona mL:n. cipal corporation
By: JOHN S. INSALACO
Its MAYOR
STATE OF ARIZONA )
ss.
COUNTY OF FINAL )
The foregoing instrument was acknowledged before me this day of
, 2011, by , as (Name)
(Title) of the CITY of Apache Junction, an Arizona municipal corporation,
for and on behalf of said Corporation. in the above-referenced Agreement.
Witness my hand and official seal.
My Commission Expires
Notary Public
ATTEST.
Kathleen Connelly
City Clerk
APPROVED AS TO FORD .
Richard J Stern
City Attorney
12
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 PR�SENTS.
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
ems Director of the Department of Insurance pursuant to Title 20, Chapter 2, Article
1, with its principal office in the C.,.ty 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, aamJ.nistrators, executors, successors and assigns,
jointly and severally, firmly by these presents
WHEREAS, the Principal has enzerea into a certain written contract with the
Obligee, dated aay of , 2011 to which
contract is hereby referred to and made a part hereof as fully and to the same
extent as if copied at length herein .
NOW, THEREFORE, THE COONDITIONS 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 it said contract, this obligation shaL. be void Otherwise it
remains in full force ana 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 determines in accoraance with the provisions, conditions ana
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 cord shall recover as part of the judgment
reasonable attorney fees as may be fixed by the judge of the court
es Witness our hand this day of , 2011
PRINCIPAL SEAL
BY.
AGENCY OF RECORD
AGENCY ADDRESS SURETY SEAL
BY.
13
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, (hereinaftez called tne Pr ncepa.l) , 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 Departmert of Insurance pursuant to thereinafter called the Surety)
are held and firmly bound unto the C:ty 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 arc assigns, jointly and severally, firmly by these
presents.
WhEREAS, the Prircipal has entered into a certain written contract with the Obligee, dated
day of ,2011 to which contract is hereby referred to and
made a part hereof as fully and to the same extent as If copied at length herein.
NOW, THEREFORE, ThF CONDITIONS OF '_-IS OB',_GkTTO< IS SUCK, that if the Principal
faithfully performs and fulfills ali of the undertakings, covenants, terms, conditions and
agreements of the contract durirg the or .ginae tern of the contract and any extension of
the contract, with or without notice e e tne surety, ana dur.ng 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 nay hereafter be made, notice of which modifications to the surety being
hereby waived, the above obligation is void. ntnerw,se it rena rs In full force and
effect.
PROVIDED, HOWEVER, that this bond Is executed pur,uael to the provisions of Tit.i.e 34,
Chapter 2, Article 2, of the Arizona Revised Statutes, and all liabilities on this bond
shall be determered in accordance with tre provisions of Title 34, Chapter 2, Article 2,
Arizona Revised Statutes, to the exte' d as ..f they were cop.es at .ength in this
agreement.
The prevailing party .r a suit on t~is bond _ra .l recover as part of the judgement
reasonable attorney fees as nay be fixed by t _.ogc of the court
Witness our hand this day of , 20
PRINCIPAL SEAL
BY*
AGENCY OF RECORD
AGENCY ADDRESS SURETY
BY.
ATTORNEY IN FACT
14
CITY OF APACHE JUNCTION
PROJECT NO. PW
CERTIFICATE OF INSURANCE
The certifies that the following
insurance policies have peen issued or benaif of.
NAME OF INSURED. ADDRESS
OF INSURED. _
Type of Policy Effect. Expire Limits of
Insurance `umber Date Date Liability
1 Workman' s $100,000 Edch Accident;
Compensation $100,000 Each Disease,
s500, 000 0_sease Pol.cy
Licit
2 Commercial $1,000,000 Each Occurrence,
General $2,00.0,000 Products
Llabil.Lty '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 Clair.-:
Liability
5 Automobile $1, 000, 000 Each
Bodily Injury ' Occurrence
& Property
Damage 1
It is further agreed that these policies snail 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. Tne Certificate of Insurance must
also provide that the CITY, its Mayor, Council, appointees, officers,
employees ara agents, are additional insured parties
Date: Countersigned by.
Title:
SUBSCRIBED AND SWORN TO before UP phis day of - ,2011
by as insurer
Notazy Public ——.-------
2^y CoTriss:.on Expires
15
es es
COST PROPOSAL
MATERLAL AND _LABOR I 0 TOMER :OD R2s.1SE m.A.\-iioL,Es A.N1.)VA.Lle ES AT VARIOUS
LOCATION i THROUGHOL 1 THE CITY OF APACHE SUNCTTON,AS NEEDED
PROJECT O.PV 2011 09
CONDANV
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Attachment A
.7