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HomeMy WebLinkAbout2015 04.20 City Council Work Session Agenda -tee,, City of Apache Junction, Arizona Meeting location --�,N. ��^ City Council Chambers q ,i _.z.,lit„ at City Hall `' -` ' Agenda 300 E Superstition Blvd Apache Junction,AZ r i.., 85119 City Council Work Session www ajcity net Ph (480)982-8002 Monday,April 20,2015 7:00 PM City Council Chambers A. CALL TO ORDER B. ROLL CALL C AGENDA ITEMS 1 Presentation by and discussion with staff from the East Valley Partnership on the 2015 PHX East Valley Economic Profile This profile is a comprehensive look at our region and is filled with the lastest economic and demographic information 2. Presentation and discussion with Sharon Stinard, representative of the Focal Point and Tourism Committee, Tom McDonald of Smiling Dog Landsape and city staff representatives on a possible plant swap with Shady Way Nursery to change the color scheme of the monument by adding rays or steps of fire barrel cacti to enhance the Focal Point plant design 3. Presentation and discussion on the response to the city's notice inviting bid proposals for PW 2014-16 Heating, Ventilating and Air Conditioning (HVAC) services, repair and filters in which eight bids were received Staff is recommending entering into an agreement with Frontier Mechanical AZ , Inc DBA FMI Heating & Cooling for the base bid of$21,000 for a period of one (1) year with the option to renew with four(4)additional one-year periods 4. Presentation and discussion on proposed changes to the Parks and Recreation Fee Schedule The Parks and Recreation Commission supports the changes and has passed a favorable recommendation to the mayor and city council Staff will present the proposed changes 5. Presentation and discussion on proposed Resolution No 15-16, authorizing the city to approve Amendment No 1 to Intergovernmental Agreement with Arizona Department of Transportation for Surface Transportation Program grant funds. City of Apache Junction,Arizona Page 1 Printed on 4/14/2015 City Council Work Session Agenda April 20,2015 6. Presentation and discussion on a neighborhood road improvement project Staff respectfully requests the mayor and city council to consider a contract for PWC2014-01 Apache Trail Road Improvements- Phase 2, allowing the city to enter into a contract with Cutler Repaving, Inc in an amount not to exceed $1,949,086 94. 7. Discussion on dates, times and locations for joint meetings with the Apache Junction Unified School District Board Council may wish to select dates, times and locations for public meetings with the Apache Junction school board to discuss issues such as use of district facilities, shared use of jointly developed facilities and joint programs and partnered activities 8. Discussion on dates, times and locations for Fiscal Year(FY) 2015-2016 budget meetings to include council work sessions, tentative budget adoption and final budget adoption In conjunction with adoption of the FY 2015-2016 budget, council may wish to hold work sessions to discuss the proposed budget Public hearings are also required for tentative and final budget adoption This item allows for discussion of selection of the dates, times and locations for these meetings D ADJOURNMENT Copies of this agenda and additional information regarding any of the items listed above may be obtained Monday through Thursdays, 7 00a—6 00p, excluding holidays, from the City Clerk's office located at 300 East Superstition Boulevard,Apache Junction,AZ The City of Apache Junction invites and welcomes people of all abilities to use our programs, sites and facilities Specific requests may be made by contacting the Human Resources Office at(480)474-2617 r+ or TDD(480)983-0095 City of Apache Junction,Arizona Page 2 Printed on 4/14/2015 AINI "C"E City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 ill'` ! Agenda Item No.1. File ID: 15-12 Sponsor. Bryant Powell Agenda Date 4/20/2015 Index: In Control City Council Work Session Presentation by and discussion with staff from the East Valley Partnership on the 2015 PHX East Valley Economic Profile This profile is a comprehensive look at our region and is filled with the lastest economic and demographic information Attachments. City of Apache Junction,Arizona Page 1 Printed on 4/14/2015 City of Apache Junction, Arizona �,.-- 300 E Superstition Boulevard 4/ Apache Junction,AZ 85119 Agenda Item Cover Sheet ft. )) Agenda Item No 2 File ID 15-67 Sponsor.Jeff Serdy Agenda Date 4/20/2015 Index Budgetary Approval not Required In Control City Council Work Session ow. Presentation and discussion with Sharon Stinard, representative of the Focal Point and Tourism Committee, Tom McDonald of Smiling Dog Landsape and city staff representatives on a possible plant swap with Shady Way Nursery to change the color scheme of the monument by adding rays or steps of fire barrel cacti to enhance the Focal Point plant design Attachments City of Apache Junction,Arizona Page 1 Printed on 4/14/2015 o - ; City of Apache Junction, Arizona 300 E Superstition Boulevard a g Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No.3. ° File ID: 15-85 Sponsor: Heather Hodgman Agenda Date 4/20/2015 Index: In Control City Council Work Session Presentation and discussion on the response to the city's notice inviting bid proposals for PW 2014-16 Heating, Ventilating and Air Conditioning (HVAC) services, repair and filters in which eight bids were received Staff is recommending entering into an agreement with Frontier Mechanical AZ , Inc DBA FMI Heating &Cooling for the base bid of$21,000 for a period of one(1) year with the option to renew with four(4) additional one-year periods Frontier Mechanical AZ, Inc DBA FMI Heating &Cooling $21,000 Base Bid Comfort Systems USA Southwest $78,235 Base Bid Innovative Mechanical Systems(Non-Responsive) $18,460 Base Bid HACI Service, LLC (Non-Responsive) $43,590 Base Bid A Quality HVAC Services, LLC $42,029 Base Bid Pueblo Mechanical & Controls, Inc $32,040 Base Bid TD Industries $50,297 60 Base Bid ABM Building Services $61,206 80 Base Bid Attachments City of Apache Junction,Arizona Page 1 Printed on 4/14/2015 AGREEMENT FOR HVAC SERVICES & REPAIR BETWEEN CITY OF APACHE JUNCTION AND FRONTIER MECHANICAL AZ . , INC . DBA FMI HEATING AND COOLING PROJECT PW # 2014-16 THIS AGREEMENT made and entered into by and between the CITY OF APACHE JUNCTION ( "City") , an Arizona municipal corporation, and Frontier Mechanical AZ Inc. , dba FMI Heating and Cooling, an Arizona corporation ( "Contractor" ) , both referred to as the "Parties" collectively or as a "Party" individually. RECITALS A In response to City' s request for bid via PW 2014-16 , in which Contractor asserts its willingness, ability and qualifications to provide ventilation and air conditioning related service/installation/repair (the "Work") B City and Contractor desire to set forth herein their respective responsibilities and the manner and terms upon which Contractor shall render the Work C City has complied with the public bidding requirements under Arizona Revised Statute Title 34 and Apache Junction City Code Article 3-7 . AGREEMENT NOW, THEREFORE, City retains Contractor to perform, and Contractor agrees to render the Work 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 A Contractor to provide preventative maintenance, filter change-outs, repair, emergency repair, installation, and retrofit for heating, ventilation, and air conditioning ("HVAC") equipment throughout the City of Apache Junction for its City owned buildings 1 B Perform quarterly filter change-outs, monthly, semi- annual (twice a year) and annual preventative maintenance for the Police Department Cooling Towers. C Perform semi-annual (twice a year) preventative �► maintenance and inspection on all equipment for remaining City owned buildings per specification D Contractor shall supply all labor, supervision, materials, tools, equipment, and effort necessary to maintain, repair, retrofit, or replacement of HVAC systems and products used in residential, commercial, and industrial environments. 2 . Price: The contract shall be the amount payable by the City to the Contractor in the amount of: $21, 000 for the preventative maintenance and filter change-outs on all City owned HVAC units under the contract documents The unit pricing for one time services to be performed as requested and authorized by the City Representative or his/her designee: UNIT ITEM DESCRIPTION QUANTITY PRICE 1 Labor, REGULAR business hours Per Hour $55 00 Am. 2 Labor, AFTER regular business hours Per Hour $85 . 00 3 Labor, WEEKEND and HOLIDAY Per Hour $112 00 Labor, EMERGENCY REGULAR business 4 Per Hour $55 . 00 hours Labor, EMERGENCY AFTER regular 5 Per Hour $85 . 00 business hours 6 Labor, EMERGENCY WEEKEND and HOLIDAY Per Hour $112 . 00 Cost Plus 7 PARTS, Components, Units, etc 400 3 . CONTRACT TERM: The terms of this Contract shall be from the date of written notice of the acceptance of the proposal by the 2 City Council to May 5, 2016 The City of Apache Junction has the option to renew the Contract for four (4) additional one- year periods if mutually agreeable If the contract is renewed, the total length of the contract shall not exceed five (5) years from the original date of award of Contract The City reserves the right to unilaterally extend any of the one-year (1) periods by thirty-one (31) days This provision does not limit the liability of the Contractor for actual damages sustained by the .r. City as a result of any breach of contract or warranty by the Contractor. 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 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 represents and warrants that any license necessary to perform the Work under this Agreement is current and valid. Contractor understands that the activity described herein constitutes "doing business in the City of Apache Junction" and Contractor agrees to obtain a business license pursuant to Article 8-2 of the Apache Junction City Code, Vol . I, and keep such license current during the term of this Agreement Contractor also acknowledges that the tax provision of the Apache Junction Tax Code, Chapter 8A, may also apply and if so, shall obtain a privilege license. Any activity by subcontractors within the corporate city limits will invoke the 3 same business and privilege license regulations on any subcontractors, and Contractor ensures its subcontractors will obtain any required licenses. If there are taxable activities, a business license shall be converted to a privilege license by the Contractor and any subcontractors through the City Clerk' s Office or the Arizona Department of Revenue, whichever has jurisdiction at such time of conversion. 7 . INDEPENDENT CONTRACTOR: Contractor shall at all times during Contractor' s performance of the services retain Contractor' s status as an independent Contractor. Contractor' s employees shall under no circumstances be considered or held to be employees or agents of City, and City shall have no obligation to pay or withhold state or federal taxes, or provide workers compensation or unemployment insurance for or on behalf of them or Contractor Contractor shall supervise and direct the delivery of the materials using its best skill and attention Except as provided in this Agreement, Contractor shall be solely responsible for all 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 under any contract document 8. INDEMNIFICATIONS: To the fullest extent permitted by law, Contractor shall defend, indemnify and hold harmless City, its elected and appointed officers, officials, agents, and employees from and against any and all liability including but not limited to demands, claims, actions, fees, costs and expenses, including attorney and expert witness fees, arising from or connected with or alleged to have arisen from or connected with, relating to, arising out of, or alleged to have resulted from the acts, errors, mistakes, omissions, Work or services of Contractor, its agents, employees, or any tier of Contractor' s subcontractors in the performance of this Agreement Contractor' s duty to defend, hold harmless and indemnify City, its Special Districts, elected and appointed officers, officials, agents, and employees shall arise in connection with any tortious claim, damage, loss or expense that is attributable to bodily injury, sickness, disease, death, or injury to, impairment, or destruction of property including loss of use resulting therefrom, caused by an Contractor' s acts, errors, mistakes, omissions, Work or services in the performance of this Agreement including any employee of Contractor, any tier of Contractor' s subcontractor or any other 4 person for whose acts, errors, mistakes, omissions, Work or services Contractor may be legally liable 9 ENFORCED DELAYS (FORCE MAJEURE) : Neither City nor Contractor, as the case may be, shall be considered not to have performed its obligations under this Agreement in the event of enforced delay (an "Enforced Delay") due to causes beyond its control and without its fault or negligence or failure to comply with applicable laws, including, but not restricted to, acts of God, fires, floods, epidemics, pandemics, quarantine, restrictions, embargoes, labor disputes, and unusually severe weather or the delays of subcontractors or material men due to such causes, acts of a public enemy, war, terrorism or act of terror (including but not limited to bio-terrorism or eco- terrorism) , nuclear radiation, blockade, insurrection, riot, labor strike or interruption, extortion, sabotage, or similar occurrence or any exercise of the power of eminent domain of any governmental body on behalf of any public entity, or a declaration of moratorium or similar hiatus (whether permanent or temporary) by any public entity directly affecting the Project In no event will Enforced Delay include any delay resulting from unavailability for any reason of labor shortages, or the unavailability for any reason of particular consultants, subcontractors, vendors or investors desired by Contractor in connection with the Project Contractor agrees that Contractor alone will bear all risks of delay which are not Enforced Delay In the event of the occurrence of any such Enforced Delay, the time or times for performance of the obligations of the Party claiming delay shall be extended for a period of the Enforced Delay, provided, however, that the Party seeking the benefit of the provisions of this Section shall, within thirty (30) calendar days after such Party knows or should know of any such Enforced Delay, first notify the other Party of the specific delay in writing and claim the right to an extension for the period of the Enforced Delay; and provided further that in no event shall a period of Enforced Delay exceed ninety (90) calendar days 10. SUBCONTRACTORS: All subcontractors chosen by Contractor will be subject to City' s approval. All subcontractors shall be identified by Contractor prior to award of contract Contractor shall make no substitutions for any subcontractor, person or entity previously selected without the approval of City 5 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 r. 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 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 herein shall be maintained in full force and effect until all Work 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 or Work. 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 6 shall be solely responsible for the deductible and/or self- insured retention and City, at its option, may require Contractor to secure payment of such deductibles or self-insured retentions by a Surety Bond or an irrevocable and unconditional letter of credit . City reserves the right to request and to receive within ten (10) working days, certified copies of any or all of the herein required insurance policies and/or endorsements . City shall not be obligated, however, to review same or to advise Contractor of any deficiencies in such policies and endorsements, and such receipt shall not relieve Contractor from, or be deemed a waiver of City' s right to insist on strict fulfillment of Contractor' s obligations under this Agreement . The insurance policies, except Workers Compensation and Professional Liability, required by this Agreement, shall name City, its Mayor, Council, officers, officials and employees as additional insured parties REQUIRED COVERAGE Commercial General Liability Contractor shall maintain Commercial General Liability insurance with a limit of not less than $1, 000, 000 for each occurrence with a $2 , 000, 000 Products/Completed Operations Aggregate and a $2, 000, 000 General Aggregate Limit The policy shall include coverage for bodily injury, broad form property damage, personal injury, products and completed operations and blanket contractual coverage including, but not limited to, the liability assumed under the indemnification provisions of this Agreement which coverage will be at least as broad as Insurance Service Office, Inc. Policy Form CG 00011-93 or any replacement thereof Such policy shall contain a severability of interest provision, and shall not contain a sunset provision or commutation clause, nor any provision which would serve to limit third party action over claims. The Commercial General Liability additional insured endorsement shall be at least as broad as the Insurance Service Office Inc. ' s Additional Insured, Form CG 20101185, and shall include coverage for Contractor' s operations and products and completed operations. 7 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 City with Certificates of Insurance, or formal endorsements as required by the Agreement, issued by Contractor' s insurer (s) , as evidence that policies providing the required coverages, conditions and limits required by this Agreement are in full force and effect . The form of the certificates of insurance and endorsements shall be subject to the approval of the Apache Junction City Attorney' s Office, shall comply with the terms of this Agreement, and shall be issued and delivered to City Attorney, City of Apache Junction, 300 East Superstition Boulevard, Apache Junction, AZ, 85119 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 Contractor' s Work and as evidenced by annual Certificates of Insurance 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 8 All Certificates of Insurance shall be identified with bid serial number and title Policies or certificates and completed forms of City' s Additional Insured Endorsement (or a substantially equivalent insurance company form acceptable to the City Attorney) evidencing the coverage required by this section shall be filed with the City and shall include the City as an additional insured. The policy or policies shall be in the usual form of a public liability insurance, but shall also include the following provision: "Solely as respects Work done by or on behalf of the named insured for the City of Apache Junction, it is agreed that the City of Apache Junction and its Mayor and Council and employees are added as additional insureds under this policy. " Insurance required herein shall not expire, be canceled, or materially changed without thirty (30) calendar days' prior written notice to City 13 . SUCCESSORS & ASSIGNS: City and Contractor each bind themselves, their partners, successors, assigns and legal representatives to the other party hereto and to the partners, successors, assigns and legal representatives of such other party in respect to all covenants, agreements and obligations contained in the contract documents Neither party to the contract shall assign the contract or sublet it as a whole without the written consent of the other, nor shall the Contractor assign any monies due or to become due to or to become due to it without the previous written consent of City. 14 . 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 15. LABOR & MATERIAL PAYMENT BOND: City shall have the right to require Contractor to furnish bonds covering the faithful performance of the contract and the payment of all obligations arising hereunder. Attached are standard bond forms which must be completed by Contractor, and Contractor agrees to conform to all provisions set forth in such forms . 9 16 . SAFETY: Contractor and/or its subcontractors shall be solely responsible for job safety at all times . 17 . 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 f.. 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. 18 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 19. APPEALS: All contractual grievances shall be submitted in writing to the City Manager within five (5) calendar days after the difference of opinion or grievance occurs relating to any of the provisions of the terms of this Agreement . Within five (5) calendar days of receiving a written grievance, the City Manager shall respond in writing to the company. The City Manager' s decision shall be final and binding, subject only to a further appeal in the Pinal County Superior Court pursuant to A R S § 12-901, et seq 20 . 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 10 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 21 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 22 SEVERABILITY: City and Contractor each believe that the execution, delivery and performance of this Agreement are in compliance with all applicable laws However, in the unlikely event that any provision of this Agreement is declared void or unenforceable (or is construed as requiring City to do any act in violation of any applicable laws, including any constitutional provision, law, regulation, or City Code) , such provision shall be deemed severed from this Agreement and this Agreement shall otherwise remain in full force and effect; provided that this Agreement shall retroactively be deemed reformed to the extent reasonably possible in such a manner so that the reformed agreement (and any related agreements effective as of the same date) provide essentially the same rights and benefits (economic and otherwise) to the Parties as if such severance and reformation were not required Unless prohibited by applicable laws, the Parties further shall perform all acts and execute, acknowledge and/or deliver all amendments, instruments and consents necessary to accomplish and to give effect to the purposes of this Agreement, as reformed .� 23 . CONFLICT OF INTEREST This Agreement is subject to, and may be terminated by City in accordance with, the provisions of A R S § 38-511 . 24 COMPLIANCE WITH FEDERAL AND STATE LAWS Contractor understands and acknowledges the applicability of the American with Disabilities Act, the Immigration Reform and Control Act of 1986 and the Drug Free Workplace Act of 1989 to the services performed under this Agreement. As required by A R S § 41-4401, Contractor hereby warrants its compliance with all federal immigration laws and regulations that relate to its employees and A.R.S. § 23-214 (A) Contractor further warrants that after hiring an employee, Contractor will 11 verify the employment eligibility of the employee through the E- Verify program. If Contractor uses any subcontractors in performance of services, subcontractors shall warrant their compliance with all federal immigration laws and regulations that relate to its employees and A.R. S . § 23-214 (A) , and subcontractors shall further warrant that after hiring an employee, such subcontractor verifies the employment eligibility .. of the employee through the E-Verify program. A breach of this warranty shall be deemed a material breach of the Agreement that is subject to penalties up to and including termination of this Agreement . Contractor is subject to a penalty of $100 per day for the first violation, $500 per day for the second violation, and $1, 000 per day for the third violation. City at its option may terminate this Agreement after the third violation Contractor shall not be deemed in material breach of this Agreement if the Contractor and/or subcontractors establish compliance with the employment verification provisions of Sections 274A and 274B of the federal Immigration and Nationality Act and the E-Verify requirements contained in A.R.S. § 23-214 (A) . City retains the legal right to inspect the papers of any Contractor or subcontractor employee who works under this Agreement to ensure that the Contractor or subcontractor is complying with the warranty Any inspection will be conducted after reasonable notice and at reasonable times. If state law is amended, the Parties may modify this paragraph consistent with state law 25. INSPECTIONS AND QUALITY OF WORK: Contractor understands and agrees that inspection of the Work being performed hereunder will occur by City. Contractor agrees that City will have the exclusive right to determine, in its sole discretion, whether the Work has been performed in accordance with the Contract Documents. Contractor further agrees to make such corrections to the Work as may be directed by City to conform to said Contract Documents without any additional charge or cost to City whatsoever. 26 . SUPERVISOR: Contractor shall employ a competent service manager or supervisor who shall be in attendance at the service site during the progress of the work. The supervisor shall represent and be the community agent of the Contractor and communications given to the supervisor shall be as binding as if given to Contractor Important communications shall be confirmed in writing. The designated supervisor will be. 12 Name Phone- Cell Phone. Emergency Phone. Email Address Address : Aft. 27 . COOPERATIVE USE OF CONTRACT: The City has entered into various cooperative purchasing agreements with other Arizona government agencies, including the Strategic Alliance for Volume Expenditures "SAVE" cooperative. This contract may be extended for use by other municipalities, school districts and government agencies in the State of Arizona with the approval of the Contractor. Any such usage by other entities must be in accordance with the statutes, codes, ordinances, charter and/or procurement rules and regulations of the respective government agency. Orders placed by other agencies and payment thereof will be the sole responsibility of that agency. The City shall not be responsible for any disputes arising out of transactions made by others . /01 13 IN WITNESS WHEREOF the parties hereto have caused this Agreement to be signed by their duly authorized representative as of this day of , 2015 FRONTIER MECHANICAL AZ INC, DBA FMI HEATING AND COOLING, an Arizona corporation By. Its . CITY OF APACHE JUNCTION an Arizona municipal corporation By: John Insalaco .•4 Title . City Mayor ATTEST: Kathleen Connelly City Clerk APPROVED AS TO FORM: Richard J. Stern City Attorney 14 SURETY BID BOND PROJECT NO. PW 2014-16 KNOW ALL MEN BY THESE PRESENT That we, , as Principal, (hereinafter called the Principal) , and the , a company/corporation holding a certificate of authority to transact surety business in the State of Arizona as issued by the Director of the Department of Insurance pursuant to Title 20, Chapter 2, Article 1 as Surety, (hereafter called the Surety) , are held and firmly bound unto the City of Apache Junction as Obligee, in the sum of ten percent (10%) of the total amount of the bid of Principal, submitted by him to the City of Apache Junction for the work described below, for the payment of which sum, will and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents, and in conformance with A.R S WHEREAS, the said Principal is herewith submitting its proposal for PW 2014-16 HVAC Services, Repair and Filters NOW, THEREFORE, if the Obligee shall accept the proposal of the Principal and the Principal shall enter into a contract with the Obligee in accordance with the terms of the proposal and give the bonds and certificates of insurance as specified in the standard specifications with good and sufficient surety for the faithful performance of the contract and for the prompt payment of labor and materials furnished in the prosecution of the contract or in the event of the failure of the Principal to enter into the contract and give the bonds and certificates of insurance, if the Principal pays to the Obligee the difference not to exceed the penalty of the bond between the amount specified in the proposal and such larger amount for which the Obligee may in good faith contract with another party to perform the work covered by the proposal then this obligation is void Otherwise it remains in full force and effect provided however, that this bond is executed pursuant to the provisions of Section 34-201, Arizona Revised Statutes, and all liabilities on this bond shall be determined in accordance with the provisions of the section to the extent as if it were copied at length herein. Signed and sealed this day of A D , 2015. Principal Title Witness Title Surety Witness 15 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) That, hereinafter called the Principal) , as Principal, and , a company /corporation holding a Certificate of Authority to transact surety business in the State of Arizona as issued by the Director of the Department of Insurance pursuant to Title 20, Chapter 2, Article 1, with its principal office in the City of (hereinafter called the Surety) are held and firmly bound unto the City of Apache Junction (hereinafter called the Obligee) , in the amount of Dollars ($ ) , for the payment whereof, the said Principal and Surety bind themselves, their heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated day of , 2015 to which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein NOW, THEREFORE, THE CONDITIONS OF THIS OBLIGATION IS SUCH, that if the said Principal shall promptly pay all moneys due to all persons supplying labor or materials to Principal or Principal ' s subcontractors in the prosecution of the work provided for in said contract, this obligation shall be void Otherwise it remains in full force and effect PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Title 34, Chapter 2, Article 2, of the Arizona Revised Statutes, all liabilities on this bond shall be determined in accordance with the provisions, conditions and limitations of said Title, Chapter and Article, to the same extent as if they were copies at length herein The prevailing party in a suit on this bond shall recover as part of the Agmkk judgement reasonable attorney fees as may be fixed by the judge of the court Witness our hand this day of , 2015 . PRINCIPAL SEAL BY. AGENCY OF RECORD AGENCY ADDRESS SURETY SEAL BY ATTORNEY IN FACT 16 CERTIFICATE OF INSURANCE CITY OF APACHE JUNCTION PROJECT: PW#2014-16 The certifies that the following insurance policies have been issued on behalf of NAME OF INSURED ADDRESS OF INSURED Type of Policy Effect Expire Limits of Insurance Number Date Date Liability 1 Workman's $100,000 Each Accident, Compensation $100,000 Each Disease, $500,000 Disease Policy Limit 2 Commercial $1,000,000 Each General Occurrence; $2,000,000 Liability Products/Completed Operations Aggregate, $2,000,000 General Aggregate Limit 3 Contractual $1,000,000 Each Occurrence Bodily Injury & Property Damage 4 Automobile $1,000,000 Each Occurrence Bodily Injury & Property Damage 1 It is further agreed that these policies shall not expire, be canceled or changed until all work has been completed and the project has been accepted by the City of Apache Junction If a policy does expire during the life of the contract, a renewal Certificate of the required coverage must be sent to the City of Apache Junction not less than thirty (30) calendar days prior to expiration date This Certificate is not valid unless countersigned by an authorized representative of the Insurance Company. The Certificate of Insurance must also provide that the City, its officers, employees and agents are additional insured parties PIS Date Countersigned by Title SUBSCRIBED AND SWORN TO before me this day of 2015 by as Insurer Notary Public My Commission Expires 17 .cp. City of Apache Junction, Arizona 300 E Superstition 0 Boulevard ., :_ Agenda Item Cover Sheet Apache Junction,AZ 85119 ..., • • ,%1 Agenda Item No.4 'r File ID: 15-73 Sponsor: Liz Langenbach Agenda Date:4/20/2015 Index: In Control: City Council Work Session Presentation and discussion on proposed changes to the Parks and Recreation Fee Schedule The Parks and Recreation Commission supports the changes and has passed a favorable recommendation to the mayor and city council Staff will present the proposed changes Attachments• City of Apache Junction,Arizona Page 1 Printed on 4/14/2015 • -- ray _ i _ • • • -,• Ji . �_. _ ; ............. . ... Parks & Recreation Fee Schedule .. . . . . . , . • • 2o1 - Recommendations . .. .. .• 5 . • . , .. . .. ... • ,:.,..r.I, . . • . _ {yJ J FACILITY AND EQUIPMENT RENTAL FEES Suggested Notes, Name Changes, Meeting and Classroom Space Old Fees Changes Changes to Procedures Mee' r °gym'` 520.00 per hour Delete ClaEsroom(Mer)—Exclus+vo $3000 per hoer Delete Classroom(MGO)— Shared S20.00 per hour Delete Small Classroom/Meeting Roam $20.00 per hour Add Large Classroom/Meeting Room S30.00 per hour Add Multi-Purpose Room (MGC) $60 00 per hour Sports Fields Field Rental Fee (casual,first come/firstsenie) No Fee Field Rental Fee (organized)—Less than/I hours 530.00 per field Delete Field Rectal Fee(organized)—r1 or more hours $60.00 per field Delete FieldLights(2 hour rs irimurra 515.00 per hour Delete Daytime Sports Field Usage $10.00 per hour Add Evening Sports Field Usage(inci. lights) $17.00 per hour Add Field Prep—Soccer/Football $60.00 per field Field Prep—Softball/Baseball $3000 per field Need in procedures minimum hours to reseneeond how rights wilt be ossessed ifpart of resery tron is in "daytime..and part in "evening" Sports Courts Court Rental Fee (casual,first comeffirstserve) No Fee Court Rectal Fee(organized) $2.50 per .our Delete Court Lights S2.50 per hour Delete Daytime Court Usage 52.50 per hour Add Evening Court Usage(incl. lights) $5.00 per hour Add Gymnasium(MCC) 575.00 per hour Delete"MGC" from the charge name Veteran's Memorial Park Gazebo(less than 25 people) 510.00 per hour Delete -"regular group rates apply for 25 or more people igroup rate fee Veteran's Memorial Park $15.00 per hour i Add mai1 , ,...... ._____ ,,,,„, ,,.:„ Group Use (designated areas only) 24or fewer people (casual,first-come/first serve) No Fee 25to19 people; 515.00 per hour Delete 50 t„71 people; _ . . �_�,.._, . :fie Delete 75 nr .,.ore people 45 00 per Fhou.r Delete Small Ramada (max 30 people; 2hr. min) S10.00 per hour Add Large Ramada (max 50 people; 2hr. min) S15.00 per hour Add Multi-Use Area $8.00 per hour Add On the three fees above,procedures need ro indicate size ofgroup dictates the ramada!ype and quantity that wilt need to be reserved to accommodate the group;A map will designate adjacent open space areas Mora re assessed the'rm ui tl-use o rea"tee lfthey ore reserved or needed to expand group size of a raniada;procedures need to indicate that charges will beat a 12 hour max in order to acco MIMIC,dote overnight usage I Rodeo Park Arena Rental (carnal) 5 0-per hour Delete Arer'a or Multi Use Area (organized) Less than 'I hours 530.00 per use Delete Arena or Multi-Use Area (organized) —1I hours to less $60.00 per use Delete hours Arena 9r lylulti Use-Area (organized) Q r ^ m 590.00 per use Delete Arena r Multi-Use Area(erganized) w/concession l esr $50.00 per us-c Delete than-4-lours Arena or Multi-Use Area (organized) w/concesian—1 5100.00 per use Delete hours to le s than Q hours Arena or Multi-I Ire Area (organiz d) Ir nce C $150.00 per use Delete hours-or re 515 00 per hour Delete Daytime Rodeo Arena Usage $8.00 per hour Add Evening Rodeo Arena Usage(incl.lights) S17.00 per hour Add Multi-Use Area $8.00 per hour Acid Rodeo ParkConcession Stand $8.00 per hour Add Arena Prep $50.00 per prep Prep fee is forwater/comb; add to our procedures standard maintenance practices When reserving the adjacent multi-use areas,procedures need to indicate"m ult{a re areas may need to be reserved depending an the event details and size";A map will designate adjacent open space areas that ore assessed the multi-use area fee;procedures need to indicate that charges will beat a 12 hour max in order to accommodate overnight usage ) ) Swimming Pool Pool Rental—Shared Usage,less than 10D people (2 hour $100 per hour minimum;includes lifeguards) Pool Rental—Shared Usage,100 to 149 people (2hr min, $150 per hour includes lifeguards) Pool Rental—Exclusive Usage,150 or more people (2hr $200 per hour min;includes lifeguards) Pool Rental—Competition Pool Only(2 hour minimum, $100 per hour includes lifeguards) Pool Entry/Passes Daily Fee(17and under) $1.00 $1.50 Daily Fees(18 and over) $2.00 $2.50 Season Pass(17 and under) $45.00 $50.00 Season Pass(18 and older) $65.00 $70.00 FamilySeason Pass(up to 6 members) $95.00 $110.00 Additional Members on Family Pass $15.00 each $20.00 Multi-Generational Center Entry/Mem bershi,s Daily Fees (17 and under) $3 00 Daily Fees(18 and older) $4.00 $5.00 include group fitness classes llay-Feers4Familyi VAN Delete Monthly Pass(17 and under) $16.00 Monthly Pass(18 and older) $27.00 Monthly Pass(Family) $60.00 Six Month Pass (17 and under) $B2.00 Six Month Pass (18 and older) $132.00 Six Month Pass (Family) $297.00 Annual Pass(17 and under) $132.00 Annual Pass(18 and older) $198.00 Annual Pass(Family) $528.00 Each Additional Member $10-$40 $10/ $25/6mth $40/yr 10 Day Punch Pass $35.00 This is a new fee 4 w s�s � � � 11. z` ma`s w s. � e � ., .b a ✓"" '., �� Special Services/Equipm ettt $50.00-each Delete Barricades $5.00 each Bleachers-3 row (includes delivery) $50.00/day Bleachers-5 row(includes delivery) $65 00/day $7-5.0074lay Delete Field Marker $6 00/bag Folding Chairs $100 each Folding Tables $6 00 each Flatbed Stage f:nctudes detiy y) $7-5,00-itlay Delete MaltBeveragePermit—singledayfee $10.00/day Procedure: allowed only w/reservation Malt Beverage Permit—multiple day fee $2.5.00/event Procedure: allowed only w/reservation Personnel Services (per employee) $23 00/hour Rodeo Arena PA System $30.00/day Single Sport Package $6.00/day Tractor/Loader (includes operator) $55.00/hour Traffic Cones $100 each Used Softballs $100 each Water Truck (includes operator) $55.00/hour Electronic Messaging Board $150/week $50/10days ($100 addl. wk) Mobile Stage Rental Fee $500 per day Recommendations: Mobile Stage Set Up/Ckrse Down Fee $250 per event 1. Inside City Limits only (w/exceptions possible) Mobile Stage Refundable Security/Cleaning Deposit $500 per event 2. No Reduced Fees 3. Additional staff assessed at personnel fee rate 4. Requires insurance listing City as addl. Insured 5. Staff will stay with stage on a case-by-case basis 5 PROGRAM AND ACTIVITY FEES Adult Sports Leagues(teams) $50 00-$500 00 tnstruction $10.00-$IOOAO $O.00-$100.00 Aquatics Swim Instruction $10.00-$50 00 Swim Team $30 00-$75.00 Dance/Fitness/Ex erc is e Per Session $10.00-$75.00 $0.00-$75.00 Open Gym Programs Per Session $25.00-$300.00 $3.00-$300.00 Note:change reflects addition of after school program drop-in and provide flexibilityover semesters Special Events Per Event $0 00-$10.00 Delete options for Holiday or Youth and combine into one line Special Interest Classes Per Session $0.00-$200.00 Youth Sports Leagues $20.00-$75.00 Instruction $5.00-$100.00 $0.00-$150.00 6 • 77. MISCELLANEOUS CONSIDERATIONS TO INCLUDE/UPDATE IN THE ORDINANCE Notes Deposits/Clean-Up Addresses how deposits are managed for reservations Fees Refunds Addresses how the department handles refunds for reservations, registration, memberships,etc.__ Priority Reservatio n f Addresses a priority reservation/registration process for residents Registrations promotions Addresses the ability to run promotional discounts in order to increase memberships and activity registrations User Categories Addresses our user categories for facility/equipment reservations • C!) O 0 cv ci) .,� o • 1 N w S; *r dpyr * sH i k y'ss� al? .i • :ice ,.L' r '.�'t� 3 E dy Y Fyn. .o' e, MOBILE STAGE - FEE/POLICY RECOMMENDATIONS Per day fee Intl Require setup & personnel. Cleaning Use Outside Staff to City Dimensions takedown Additional Days fee Deposit City Limits? Stay 32'x14' City Limits Apache (expands32'x18') refundable (exceptions Junction Showmobile $750 $500 $25/hr $500 possible) case by case ) city limits only (unless 40'x24' (11'h) approved by Buckeye Stageline SL100 $1,100 $800 $25/hr n/a director) no $33/hr 4hr min, 2staff Mesa 37'8"x8' (11'6" h) $864 $200 min n/a city limits only no 36'x14' large $195 each Phoenix Showmobile $1315 for 2 hours additional hour staff Intl n/a city limits only yes Addl dd Days: 36'x14' (12 4 h) $1025/2days tri-city area Prescott Century Stage 1998 $900 $75 each xtra day $36/hr $500 only no city limits only (unless 36'x8' (13'6" h) approved by Scottsdale Century Stage $860 $300 $35/hr n/a director) no can be rented 28'x16' and taken Tucson Century Stage $760 $600 $20/hr $500 anywhere no 9 • I ' • 0 ix • • s " ! rw. +wir -a r .r fiµ 1t y' 1MlC n ,d. PpAC ✓.{.,. City of Apache Junction, Arizona 300 E Superstition d Boulevard ''/+ O. Agenda Item Cover Sheet Liefile‘..,. Agenda Item No 5 Apache Junction,AZ 85119 ti,.` ! I File ID 15-87 Sponsor Emile Schmid Agenda Date•4/20/2015 Index. Community Infrastructure In Control. City Council Work Session Presentation and discussion on proposed Resolution No 15-16, authorizing the city to approve Amendment No 1 to Intergovernmental Agreement with Arizona Department of Transportation for Surface Transportation Program grant funds Attachments• City of Apache Junction,Arizona Page 1 Printed on 4/14/2015 —CH Public Works Department '*9e, rrAe/e0-M r& Home of the Superstition Mountains MEMORANDUM Date. April 8, 2015 To. Honorable Mayor and Members of the City Council Through Bryant Powell, Assistant City Manager Giao Pham P E , Public Works Director From• Emile Schmid P E , City Engineer Subject. Utilization of Unobligated Surface Transportation Program (STP) Funds Although the timing is extremely aggressive, the City has pursued and is hoping to utilize these available funds on the next adjacent segment of Ironwood Drive from Broadway Avenue to Apache Trail (Phase III) as follows. Per the original IGA dated July 13, 2011, the City is in an agreement with ADOT for the following Construction (FY15) Federal-aid Funds $1,070,000.00 City's Match $ 64,470 00 Subtotal —Construction $1,134,470.00 Amendment No 1 of the IGA will have the following cost break down. Federal-aid Funds $1,670,000 00 Total Estimated City Match $ 262,259.00 Total Estimated Construction $1,932,259.00 The Public Works Department is requesting City Council approval to enter into Amendment No. One to the Intergovernmental Agreement (IGA) with ADOT which will provide additional funding for the construction of the Ironwood Drive Roadway Improvement Project 575 E Baseline Avenue, Apache Junction, AZ 85219 • Voice (480) 982-1055 • FAX (480) 983-5752 or(480) 982-8005 .... RESOLUTION NO 15-16 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AUTHORIZING THE CITY TO ENTER INTO AMENDMENT NO. ONE TO THE INTERGOVERNMENTAL AGREEMENT WITH THE STATE OF ARIZONA FOR THE IRONWOOD DRIVE ROADWAY IMPROVEMENT PROJECT. p WHEREAS, the City of Apache Junction ("City") and the State of Arizona Department of Transportation ("ADOT") entered into an Intergovernmental Agreement ("IGA") on July 13, 2011 to fund roadway improvements for Ironwood Drive from Broadway Avenue to Apache Trail (the "Project") ; and WHEREAS, the City acquired additional federal-aid funds to help with the increase construction costs; and WHEREAS, the attached written amendment ("IGA/JPA 11-110I, Amendment No. One• 15-0005175-I") modifies the original financial and administrative conditions for design of the Project 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 Amendment No. One to the above-noted IGA and the Mayor is hereby authorized to sign the agreement on behalf of the City. 2) The City Manager and/or his designee is authorized and rink 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 , 2015 . SIGNED AND ATTESTED TO THIS DAY OF , 2015 . JOHN S . INSALACO Mayor RESOLUTION NO. 15-16 PAGE 1 OF 2 ATTEST. KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM: RICHARD J. STERN City Attorney RESOLUTION NO. 15-16 PAGE 2 OF 2 ADOT File No • IGA/JPA 11-110-1 ADOT CAR No.: 13-0000950- Amendment No • 15-0005175- AG Contract No P001 201 1 001 962 Project. Ironwood Drive Section Broadway Avenue to Apache Trail Federal-aid No.. STP-APJ-0(205)A 0000MA APJ ADOT Project No.. SS984 03D 01 C TIP/STIP No : CAAG 2012-2016 CFDA No.. 20.205-Highway Planning and Construction Budget Source Item No N/A AMENDMENT NO ONE TO INTERGOVERNMENTAL AGREEMENT BETWEEN THE STATE OF ARIZONA AND THE CITY OF APACHE JUNCTION THIS AMENDMENT NO. ONE to INTERGOVERNMENTAL AGREEMENT (the "Amendment No. ONE"), entered into this date , 2015, pursuant to Arizona Revised Statutes §§ 11-951 through 11-954, as amended, between the STATE OF ARIZONA, acting by and through its DEPARTMENT OF TRANSPORTATION (the "State") and the CITY OF APACHE JUNCTION, acting by and through its MAYOR and CITY COUNCIL (the "City") The City and State are collectively referred to as the "Parties " WHEREAS, the INTERGOVERNMENTAL AGREEMENT, JPA/IGA 11-110-1, A G Contract No P0012011001962, was executed on July 13, 2011, (the"Original Agreement"), WHEREAS, the State is empowered by Arizona Revised Statutes § 28-401 to enter into this Amendment No One and has delegated to the undersigned the authority to execute this Amendment No One on behalf of the State; WHEREAS, the City is empowered by Arizona Revised Statutes § 48-572 to enter into this Amendment No One and has by resolution, a copy of which is attached hereto and made a part hereof, resolved to enter into this Amendment No. One and has authonzed the undersigned to execute this Amendment No One on behalf of the City; and NOW THEREFORE, in consideration of the mutual agreements expressed herein, the purpose of this Amendment No. One is to increase the construction costs. The Parties desire to amend the Original Agreement, as follows: Page 2 ADOT File No IGA/JPA 11-110-I CAR No 13-0000950-I Amendment No. One 15-0005175-I I. RECITALS Section I ,the construction cost breakdown is revised as follows• SS984 01 C(construction): Federal-aid funds @ 94 3% $ 1,670,000.00 City's match @ 5 7% $ 100,944 00 City's match @ 100% $ 161,315.00 Subtotal—Construction** $ 1,932,259 00 **(Includes 15% CE and 5% Project contingencies) The Parties acknowledge that the final Project costs may exceed the initial estimate(s)shown above, and in such case, the City is responsible for, and agrees to pay, any and all actual costs exceeding the initial estimate If the final bid amount is less than the initial estimate, the difference between the final bid amount and the initial estimate will be de-obligated or otherwise released from the Project The City acknowledges it remains responsible for, and agrees to pay according to the terms of this Agreement, any and all actual costs exceeding the final bid amount II. SCOPE OF WORK Section II, Paragraph 1 f is revised, as follows 1 The State will f Upon completion of design and prior to bid advertisement, invoice the City for the City's share of the Project construction costs, estimated at $262,259.00. Once the Project costs have been finalized, the State will either invoice or reimburse the City for the difference between estimated and actual costs; and de-obligate or otherwise release any remaining federal funds from the scoping/design phase of the Project. Section II, Paragraph 2.d. is revised, as follows. 2 The City will. d. Upon completion of design, within thirty(30) days of receipt of an invoice from the State and prior to bid advertisement, pay to the State, the City's Project construction costs, currently estimated at $262,259 00. Once the Project costs have been finalized, the State will either invoice or reimburse the City for the difference between estimated and actual costs III MISCELLANEOUS PROVISIONS Section III, Paragraph 15.was removed and Paragraphs 18. and 19.were added,as follows: 15 Pursuant to Arizona Revised Statutes § 35-391 06 and § 35-393 06, each Party certifies that it does not have a scrutinized business operation in Sudan or Iran For the purpose of this Section the term "scrutinized business operations" shall have the meanings set forth in Arizona Revised Statutes§ 35-391 and/or§ 35-393, as applicable If any Party determines that another Party submitted a false certification, that Party may impose remedies as provided by law including terminating this Agreement. Page 3 ADOT File No.. IGA/JPA 11-110-I CAR No 13-0000950-I Amendment No One. 15-0005175-I 18 Should the federal funding related to this Project be terminated or reduced by the federal government, or Congress rescinds, fails to renew, or otherwise reduces apportionments or obligation authority, the State shall in no way be obligated for funding or liable for any past, current or future expenses under this Agreement 19 The City acknowledges compliance with federal laws and regulations and may be subject to the Office of Management and Budget (OMB), Single Audit, Circular A-133 (Audits of States, Local Governments, and Non-Profit Organizations) Entities that expend $500,000 00 or more (prior to 12/26/14) and $750,000 00 or more (on or after 12/26/14) of federal assistance (federal funds, federal grants, or federal awards) are required to comply by having an independent audit Either an electronic or hardcopy of the Single Audit is to be sent to Arizona Department of Transportation Financial Management Services within the required deadline of nine(9) months of the sub recipient fiscal year end ADOT—FMS Attn• Cost Accounting Administrator 206 S 171h Ave Mail Drop 204B Phoenix,AZ 85007 SingleAudit( azdot qov EXCEPT AS AMENDED herein, ALL OTHER terms and conditions of the Original Agreement remain in full force and effect THIS AMENDMENT NO ONE shall become effective upon signing and dating of the Determination Letter by the State's Attorney General 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 Amendment No. One and that the Amendment No. One is in proper form IN WITNESS WHEREOF, the Parties have executed this Amendment No One the day and year first above written. CITY OF APACHE JUNCTION STATE OF ARIZONA Department of Transportation By By JOHN INSALACO STEVE BOSCHEN, P E Mayor ITD Division Director ATTEST. By KATHY CONNELLY Clerk ADOT File No.. IGA/JPA 11-110-I CAR No 13-0000950-I Amendment No One 15-0005175-I ATTORNEY APPROVAL FORM FOR THE CITY OF APACHE JUNCTION I have reviewed the above referenced Amendment No One to the Original Agreement between the State of Arizona, acting by and through its DEPARTMENT OF TRANSPORTATION, and the CITY OF APACHE JUNCTION, an agreement among public agencies which, has been reviewed pursuant to Arizona Revised Statutes §§ 11-951 through 11-954 and declare this Amendment No. One 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 Amendment No One DATED this day of , 2015 City Attorney ;j� City of Apache Junction, Arizona 300E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 �► Agenda Item No 6 File ID: 15-86 Sponsor: Emile Schmid Agenda Date:4/20/2015 Index- Community Infrastructure In Control. City Council Work Session Presentation and discussion on a neighborhood road improvement project Staff respectfully requests the mayor and city council to consider a contract for PWC2014-01 Apache Trail Road Improvements- Phase 2, allowing the city to enter into a contract with Cutler Repaving, Inc in an amount not to exceed$1,949,086 94 Attachments City of Apache Junction,Arizona Page 1 Printed on 4/14/2015 THERE IS ADDITIONAL INFORMATION ON THIS ITEM IN THE REGULAR MEETING SECTION UNDER ITEM (,f ►l City of Apache Junction, Arizona 300 E Superstition • Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 �+ Agenda Item No 7. 4.111E11 File ID* 15-83 Sponsor. Kathy Connelly Agenda Date•4/20/2015 Index:Outside Scope of Council Priorities In Control City Council Work Session Discussion on dates, times and locations for joint meetings with the Apache Junction Unified School District Board Council may wish to select dates, times and locations for public meetings with the Apache Junction school board to discuss issues such as use of district facilities, shared use of jointly developed facilities and joint programs and partnered activities Attachments City of Apache Junction,Arizona Page 1 Printed on 4/14/2015 r04 6 E1 City of Apache Junction, Arizona 300gEoSuperstition 1 vard Age d n a Item Cover Sheet Apache Junction AZ 85119 j�._.#044e‘...., Agenda Item No.8. File ID: 15-77 Sponsor. Kathy Connelly Agenda Date 4/20/2015 Index. Local/State/Federal Statutory Requirement, Budgetary In Control. City Council Work Session Discussion on dates, times and locations for Fiscal Year(FY)2015-2016 budget meetings to include council work sessions, tentative budget adoption and final budget adoption In conjunction with adoption of the FY 2015-2016 budget, council may wish to hold work sessions to discuss the proposed budget Public hearings are also required for tentative and final budget adoption This item allows for discussion of selection of the dates, times and locations for these meetings Attachments City of Apache Junction,Arizona Page 1 Printed on 4/14/2015 FY 2015 / 2016 ,, BUDGET CALENDAR Date Action Required (Subject to Change) 'January 29, 2015 Distribute Budget Calendar to Department Directors January 29, 2015 Budget worksheets to Departments February 3, 2015 Budget Workshop in City Council Chambers. February 9, 2015 Prepare preliminary FY 2015/16 revenue estimates, update monthly 'February 12, 2015 Final date for submission of completed department budgets to Finance Submit staffing changes (e g retirements, recruitments, reductions, additions, other known modifications) to Finance February 17 thru March 12, 2015 Review department budget requests. Schedule follow-up meetings with Departments and Budget Committee. April 2, 2015 Submit proposed budget to City Manager for review and recommendations Meet with departments, if necessary. April 16, 2015 Submit budget to City Council and Departments April 20 or 21, 2015 City Council to set time anc dates for. Budget Work Sessions. May 4, 2015 thru May 18, 2015 Adopt Tentative Budget. Recommend May 18, 2015 Adopt Final Budget' Recommend June 15, 2015 April 27 thru 30, 2015 One on ones with City Council members April 29, 2015 Resektt•1en-& Tentative Budget to City Clerk's office , May 4, 2015 Public budget work sessions with City Council and Departments Initial roll-out of budget to the Public May 14, 2015 Submit Goals &Objectives to Finance May 18, 2015 Public hearing and adoption of FY 2015/16 Tentative Budget by City Council (Last date to meet legal requirements. July 20, 2015. Must be done on or before the third Monday in July(A.R.S.§42-17101)). May 27, 2015 Resolution & Final Budget to City Clerk's office. May 29 or 30, 2015 First publication of FY 2015/16 Tentative Budget (Must be published once a week for at least two consecutive weeks (A.R S.§42-17103)) June 5 or June 6, 2015 Second publication of FY 2015/16 Tentative Budget. (Must be published once a week for at least two consecutive weeks (A.R.S.§ 42-17103)). June 15, 2015 Adoption of FY 2015/16 Final Budget (A.R.S.§42-17105).