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HomeMy WebLinkAbout2015 07.06 City Council Work Session Agenda .rr Meeting location i -7128�, City of Apache Junction, Arizona , � €�', City Council Chambers at City Hall Agenda 300 E Superstition Blvd .r : Apache Junction AZ -.it?j:'-t` 85119 City Council Work Session www ajcity net Ph (480)982-8002 Monday,July 6,2015 7 00 PM City Council Chambers A. CALL TO ORDER B. ROLL CALL C. AGENDA ITEMS 1 Presentation and discussion on a neighborhood drainage and road improvement project Staff respectfully requests the mayor and city council to consider a contract for PWC2012-17 Intersection and Drainage Improvements - Broadway Avenue/ Delaware Drive, allowing the city to enter into a contract with SDB, Inc in an amount not to exceed $1,088,757 00 2. Presentation and discussion on the procurement of fleet vehicles for the current budget year Staff requests permission to move forward with the purchase of vehicles for the Police Department which would consist of one new replacement 2015 Ford Pursuit Utility for the Patrol Division, one new replacement 2015 Ford F-150 Super Crew and one new replacement 2015 Ford Edge for the Crime Investigations Division Staff requests authorization to purchase the vehicles from San Tan Ford on the cooperative Arizona State Contract#ADSPO12-016671 for a total not to exceed $102,100 00 3 Presentation and discussion on the procurement of fleet equipment for the current budget year Staff requests permission to move forward with the purchase of equipment for the Public Works Department Equipment will consist of new replacement 2015 821 F Case Loader Staff requests authorization to purchase the equipment from Titan Machinery of Arizona through the cooperative Minnesota Department of Transportation Contract L-331(5) for a total not to exceed $228,913 76 4 Presentation and discussion on proposed changes to Apache Junction City Code, Vol 1, Chapter 8 Business, Article 8-10 Temporary Food and Beverage Vendors City of Apache Junction,Arizona Page 1 Printed on 6/29/2015 AIM City Council Work Session Agenda July 6,2015 5. Presentation and discussion on the selection of a date, time and location for a joint meeting of common community interests between the City of Apache Junction City Council and Town of Queen Creek Town Council 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 or TDD(480)983-0095 City of Apache Junction,Arizona Page 2 Printed on 6/29/2015 ?r• City of Apache Junction, Arizona 300 E Superstition Boulevard ,t Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No 1 File ID: 15-253 Sponsor Raquel Schatz Agenda Date. 7/6/2015 Index. Community Infrastructure In Control. City Council Work Session Presentation and discussion on a neighborhood drainage and road improvement project Staff respectfully requests the mayor and city council to consider a contract for PWC2012-17 Intersection and Drainage Improvements- Broadway Avenue/Delaware Drive, allowing the city to enter into a contract with SDB, Inc in an amount not to exceed$1,088,757 00 Attachments• City of Apache Junction,Arizona Page 1 Printed on 6/29/2015 .y * Public Works Department 4., A 9e)1,4 e ell & -4 u Z Home of the Superstition Mountains June 24, 2015 Memorandum to. Honorable Mayor and Members of the Council Through• Bryant Powell, Assistant City Manager Giao Pham P E., Director of Public Works From Raquel Schatz , Project Engineer Regarding: Award of Bid for Project PWC2012-17 Intersection & Drainage Improvements Broadway Avenue/Delaware Drive Four construction firms were contacted to provide cost proposals utilizing cooperative contracts with other agencies. One of the four firms was only able to provide proposals for just the drainage The cost proposals ranged from $1,088,757.00 to $1,763,558 00. This project includes over 2,000 linear feet of storm drain, pavement reconstruction on Delaware Drive from 16th Avenue to Broadway Avenue, curb and gutter, and other related improvements Work is scheduled to be completed by October 24, 2015. Cost Proposal Summary Drainage Roadway Total Achen-Gardner $1,178,536 00 $585,022 90 $1,763,558.90 Blucor Contracting $650,322 00 -- Hunter Contracting $869,876.36 $385,775 80 $1,255,652 16 SDB Contracting $696,483 00 $392,274 00 $1,088,757 00 Engineering Opinion of Probable Cost $1,015,024.50 The Public Works Department recommends award to SDB Contracting Services for their cost proposal in the amount of$1,088,757.00 utilizing City of Chandler Cooperative Contract No 1201-401 RECOMMENDED MOTION: I MOVE TO AWARD PROJECT PWC2012-17 BROADWAY/DELAWARE DRAINAGE IMPROVEMENTS TO SDB CONTRACTING SERVICES IN THE AMOUNT OF$1,088,757.00, PLUS 10% FOR UNFORESEEN CHANGE ORDERS, $108,875.70, FOR A TOTAL OF $1,197,632.70 575 E Baseline Avenue, Apache Junction, Arizona 85119 Tel (480) 982-1055 • FAX (480) 982-8005 CITY OF APACHE JUNCTION CONSTRUCTION AGREEMENT PROJECT . PWC2012-17 "Broadway/Delaware Drainage Improvements" THIS AGREEMENT made and entered into by and between the CITY OF APACHE JUNCTION ("City") , an Arizona municipal corporation, and SDB CONTRACTING SERVICES, an Arizona limited liability company, ("Contractor") , sometimes collectively referred to as the "Parties" or individually as the "Party" RECITALS A Contractor asserts its willingness, ability and qualifications to provide the services and infrastructure (the "Work") called for in Contractor' s estimate dated June 24, 2015 (the "Contract Documents") . B. Cityand Contractor desire to set forth herein their respective responsibilities and the manner and terms upon which Contractor shall render such Work. C. City has complied with the public bidding requirements under Arizona Revised Statutes Title 34 and Apache Junction City Code Vol I, Chapter 3, Administration, Article 3-7, Procurement Procedures . 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 and as more fully described in the Contractor' s estimate dated June 24, 2105 including, but not limited to. A. 2, 000 Linear Feet of storm drain. B. 990 Linear Feet of mill and overlay C. 2, 640 Linear Feet of pavement reconstruction on Delaware Drive from 16th Avenue to Broadway Avenue. D 220 Linear Feet of curb and gutter E. Utility and survey monument adjustments F. Provide traffic control, including uniformed police . 2. PAYMENTS & COMPLETION: The total amount payable by the City to the Contractor in the amount not to exceed One million, eighty-eight thousand, seven hundred fifty-seven dollars and no cents ($1, 088, 757 .00) (the "Contract Sum") for the performance of the Work under the Contract Documents except for changes authorized by properly executed Change Orders . All contracts will be operable for their full term at the rates quoted in the initial bid proposal, unless otherwise extended in writing by the City. Upon notice that the Work is ready for final inspection or acceptance, a City representative shall promptly cause an inspection to be made. Once City finds the Work acceptable under the Contract Documents, City shall promptly submit for processing a certificate for payment stating that, to the best of its knowledge, information and belief on the basis of its observation and inspection, the Work has been completed in accordance with the terms and conditions of the Contract Documents and that partial payment or the entire balance due the Contractor is payable Final payment shall not become due until the Contractor submits to the City all required lien waivers, releases and any other data establishing payment or satisfaction of all Contractor' s obligations . If any Subcontractor refuses to furnish a release or waiver required by City, Contractor may furnish a bond satisfactory to the owner to indemnify City against any such lien If any such lien remains unsatisfied after all payments are made, Contractor shall refund to City all monies that the latter may be compelled to pay in discharging such liens, including all costs and reasonable attorneys fees. 3. CONTRACT TERM: Contractor hereby fixes the time for completion of said Work as October 24, 2015. This provision does not limit the liability of Contractor for actual damages sustained by City as a result of any breach of contract or warranty by Contractor. Extensions may be approved at times as the Parties mutually deem fit. 4 LABOR AND MATERIALS. Unless otherwise provided in the Contract Documents, Contractor shall provide, pay for and insure under the requisite laws and regulations 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 . INSPECTIONS AND QUALITY OF WORK Contractor understands and agrees that inspection of the Work 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 2 ON the Work as may be directed by City to conform to said Contract Documents without requirement of a Change Order or any additional charge or cost to City whatsoever. 6. WARRANTY: Contractor shall guarantee the Work against defective workmanship or materials for a period of one (1) year from the date of its final acceptance ce t ce under the contract, P ordinary wear and tear and unusual abuse or neglect excepted. Any omission on the part of City to condemn defective work or materials at the time of construction shall not be deemed an acceptance and Contractor will be required to correct defective work or materials at any time before final acceptance Within one (1) year from the date of final acceptance due to faults in workmanship or materials, Contractor shall begin making the necessary repairs to the satisfaction of City within fourteen (14) calendar days of receipt of written notice from City Such work shall include the repair or replacement of other work or materials damaged or affected by making the above repairs or corrective work all at no additional cost to City. In the case of work materials or equipment for which warranties are required by the special provisions of the Contract Documents, Contractor shall provide or secure from the appropriate subcontractor or supplier such warranties addressed to and in favor of City and deliver same to City prior to final acceptance of the Work. Delivery of such warranties shall not relieve Contractor from any obligation assumed under any other provision of the contract. The warranties and guarantees provided in this subsection of the Contract Documents shall be in addition to and not in limitation of any other warrantees, guarantees or remedies required by law, and shall survive the expiration of this Agreement for the time period mentioned above 7. TAXES. Contractor shall pay all license, sales, consumer, transaction privilege, 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. 8 PERMITS & FEES* Unless otherwise provided in the Contract Documents, Contractor shall secure and pay for all permits, government 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 privilege tax license pursuant to 3 Chapter 8-2 of the Apache Junction City Code and keep such license current during the term of this Agreement and after termination of this Agreement any time work is performed pursuant to the warranty provisions set forth in Section 6. Any activity by subcontractors within the corporate city limits, will invoke the same privilege tax regulations on any subcontractors, and Contractor ensures its subcontractors will obtain any required privilege tax license. 9. 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 s 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, subcontractors and their agents and employees and other persons providing any of the materials under any contract document 10. SUPERINTENDENT• Contractor shall employ a competent project superintendent who shall be in attendance at the project site during the progress of the Work The superintendent shall represent and be the community agent of Contractor and communications given to the superintendent shall be as binding as if given to Contractor Important communications shall be confirmed in writing. The designated superintendent shall be designated for each project and communicated to City before work 01141 is performed 11 . PROGRESS SCHEDULE• Contractor shall, immediately after entering into this Agreement, generate an estimated progress schedule, which shall be maintained and updated during the project. Work may progress during regular City business hours only if it is determined by City not to disturb normal operations. 12. INDEMNIFICATION. 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 4 /11% 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 OwS 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 person for whose acts, errors, mistakes, omissions, work or services Contractor may be legally liable The amount and type of insurance coverage requirements set forth herein will in no way be construed as limiting the scope of the indemnity in this paragraph 13. SUBCONTRACTORS. All subcontractors chosen by Contractor will be subject to City' s approval All subcontractors shall be identified by Contractor prior to award of contract Contractor shall make no substitutions for any subcontractor, person or entity previously selected without the approval of City 14. APPLICABLE LAW AND VENUE: The terms and conditions of this Agreement shall be governed by and interpreted in accordance with the laws of the State of Arizona Any action at law or in equity brought by either Party for the purpose of enforcing a right or rights provided for in this Agreement, shall be tried in a court of competent jurisdiction in Pinal County, State of Arizona. The Parties hereby waive all provisions of law providing for a change of venue in such proceeding to any other county. In the event either Party shall bring suit to enforce any term of this Agreement or to recover any damages for and on account of the breach of any term or condition in this Agreement, it is mutually agreed that the prevailing Party in such action shall recover all costs including. all litigation and appeal expenses, collection expenses, reasonable attorneys' fees, necessary witness fees and court costs to be determined by the court in such action. 15. INSURANCE• Contractor, at its own expense, shall purchase and maintain the herein stipulated minimum insurance with companies duly licensed, possessing a current A.M. Best, Inc Rating of B++6, or approved unlicensed in the State of Arizona with policies and forms satisfactory to City. 5 All insurance required herein shall be maintained in full force and effect until all work or service required to be performed under the terms of the Agreement is satisfactorily completed and formally accepted, failure to do so may, at the sole discretion of City, constitute a material breach of this Agreement. Contractor' s insurance shall be primary insurance as respects the City, and any insurance or self-insurance maintained by City shall not contribute to it eN Any failure to comply with the claim reporting provisions of the insurance policies or any breach of an insurance policy warranty shall not affect coverage afforded under the insurance policies to protect City. The insurance policies, except Workers' Compensation, shall contain a waiver of transfer rights of recovery (subrogation) against City, its agents, officers, officials and employees for any claims arising out of Contractor' s acts, errors, mistakes, omissions, work or service The insurance policies may provide coverage which contains deductibles or self-insured retentions . Such deductible and/or self-insured retentions shall not be applicable with respect to the coverage provided to City under such policies . Contractor shall be solely responsible for the deductible and/or self retention and City, at its option, may require Contractor to secure payment of such deductibles or self-insured retentions by a Surety Bond or an irrevocable and unconditional letter of credit. City reserves the right to request and to receive, within ten (10) working days, certified copies of any or all of the herein required insurance policies and/or endorsements City shall not emN 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 agents, officers, officials and employees as Additional Insureds . 6 II 1 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 emN 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 thi s Agreement, whic h coverage will be at least as broad as that on Insurance Service Office, Inc Policy Form No. CG 00011093, or any replacements thereof Such policy shall contain a severability of interest provision, and shall not contain a sunset provision or commutation clause, nor any provision which would serve to limit third party action over claims The Commercial General Liability additional insured endorsement shall be at least as broad as the Insurance Service Office, Inc ' s Additional Insured, Form B, CG 20101185, and shall include coverage for Contractor' s operations and products and completed operations If required by this Agreement, if Contractor sublets any part of the Work, services or operations, Contractor shall purchase and maintain, at all times during prosecution of the Work, services or operations under this Agreement, an Owner and Contractor' s Protective Liability insurance policy for bodily injury and property damage, including death, which may arise in the prosecution of Contractor' s work, service or operations under this Agreement Coverage shall be on an occurrence basis with a limit not less than $1, 000, 000 per occurrence, and the policy shall be issued by the same insurance company that issues Contractor' s Commercial General Liability insurance . Automobile Liability Contractor shall maintain Commercial/Business Automobile Liability insurance with a combined single limit for bodily injury and property damage of not less than $1, 000, 000 each occurrence with respect to Contractor' s owned, hired, and non- owned vehicles assigned to or used in performance of Contractor' s work. Coverage will be at least as broad as coverage code 1, "any auto", (Insurance Service Office, Inc. Policy Form CA 00011293, or any replacements thereof) . Such insurance shall include coverage for loading and off loading hazards. If 7 e ems hazardous substances, materials or wastes are to be transported, MCS 90 endorsement shall be included and $5, 000, 000 per accident limits for bodily injury and property damage shall apply Workers' Compensation Contractor shall carry Workers' Compensation insurance to cover obligations imposed by federal and state statutes having jurisdiction of Contractor' s employees engaged in the performance of the Work or services; and, Employer' s Liability insurance of emS not less than $100, 000 for each accident, $100, 000 disease for each employee, and $500, 000 disease policy limit. By execution of this Agreement, Contractor certifies as follows : "I am aware and understand the provisions of A.R S § 23-900 et seq. which requires every employer to be insured against liability for workers' compensation or to undertake self- insurance in accordance with the provisions of this chapter, and I will comply with such provisions before commencing the performance of the Work of this Agreement." If Contractor has no employees for whom workers' compensation insurance is required, Contractor shall submit a declaration or affidavit to City so stating and covenanting to obtain such insurance if and when Contractor employs any employees subject to coverage. In case any work is subcontracted, Contractor will require subcontractors to provide Workers' Compensation and Employer' s Liability insurance to at least the same extent as required of Contractor Professional Liability Contractor retained by City to provide the Work or service required by this Agreement will maintain Professional Liability insurance covering acts, errors, mistakes and omissions arising out of the Work or services performed by Contractor, or any person employed by Contractor, with a limit of not less than $1, 000, 000 each claim. Certificates of Insurance Prior to commencing work or services under this Agreement, Contractor shall furnish City with Certificates of Insurance, or formal endorsements as required by the Agreement, issued by Contractor' s insurer (s) , as evidence that policies providing the required coverages, conditions and limits required by this Agreement are in full force and effect. The form of the certificates of insurance and endorsements shall be subject to 8 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 or services 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. 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 officers 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. ,m11 16. CHANGE ORDERS: A Change Order is a written order to Contractor, approved by a City representative, issued after execution of this construction agreement authorizing a change in the Work or an adjustment in the construction agreement sum or the construction agreement time. A Change Order signed by Contractor indicates his agreement therewith City may, without invalidating this construction agreement, order changes in the Work within the general scope of this construction agreement consisting of additions, deletions or other revisions, the construction agreement sum and the construction agreement being adjusted accordingly All such changes in the Work shall be authorized by Change Order and shall be performed under the applicable conditions of this construction agreement . City representative shall have authority to order minor changes in the Work not involving an adjustment in the construction agreement sum or extension of construction agreement time and not inconsistent with the intent of this construction agreement All 9 such changes shall be effected by written order and shall be binding upon City and Contractor. 17. SUCCESSORS & ASSIGNS. City and Contractor each bind themselves, their partners, successors, assigns and legal representatives to the other Party hereto and to the partners, successors, assigns and legal representatives of such other Party in respect to all covenants, agreements and obligations contained ems 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 Contractor assign any monies due or to become due to or to become due to it without the previous written consent of City. 18. WRITTEN NOTICE: Written notice shall be deemed to have been duly served if delivered in person to the individual or member of the firm or entity, or to an office of the corporation for whom it was intended or if delivered at or sent registered or certified mail, return receipt requested, and first class postage prepaid to the last business address known to them who gives the notice. 19 . CLAIMS FOR DAMAGES: Should either Party to the contract suffer injury or damage to personal property because of any act or omission of the other Party or of their employees or agents for whose acts they are legally liable, claims shall be made in writing to such other Parties within a reasonable time after the first observance of such injury or damages. 20. 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 formsems which must be completed by Contractor, and Contractor agrees to conform to all provisions set forth in such forms 21. SAFETY: Contractor and/or its subcontractors shall be solely responsible for job safety at all times . 22. RIGHTS & REMEDIES: The duties and obligations imposed by the Contract Documents and the rights and remedies available 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 10 eIN 23. 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 O \ delays of subcontractors or materialmen due to such causes, acts of a public enemy, war, terrorism or act of terror (including but not limited to bio-terrorism or eco-terrorism) , nuclear radiation, blockade, insurrection, riot, labor strike or interruption, extortion, sabotage, or similar occurrence or any exercise of the power of eminent domain of any governmental body on behalf of any public entity, or a declaration of moratorium or similar hiatus (whether permanent or temporary) by any public entity directly affecting the obligations under this Agreement 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 Contractors, subcontractors, vendors or investors desired by Contractor in connection with the obligations under this Agreement. 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. 24 . TERMINATION BY CITY. A. TERMINATION BY CITY• City shall be permitted to terminate this Agreement if in the discretion of the Public Works Director or his or her designee, believes Contractor has failed to meet the terms of this Agreement. City shall provide Notice of Termination to Contractor by Certified U.S. Mail ten (10) calendar days before such termination takes effect. B TERMINATION BY CONTRACTOR. Contractor may terminate this Agreement if City fails to make payment as agreed upon in this document Any other termination will be deemed a breach of contract by Contractor. Contractor shall provide Notice of Termination to City by Certified U.S . Mail ten (10) calendar days before such termination takes effect 11 25. RECORDS : Records of Contractor' s labor, payroll and other costs pertaining to this Agreement shall be kept on a generally recognized accounting basis and made available to City for inspection on request. Contractor shall maintain records for a period of at least two (2) years after termination of this Agreement, and shall make such records available during that retention period for examination or audit by City personnel during regular business hours OIN 26. 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. 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 27. 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 28. 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 29. 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. 12 OnN 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 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 /11S 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 $1, 000 per day for the third violation. City at its option may terminate this Agreement after the third violation. Contractor shall not be deemed in material breach of this Agreement if the Contractor and/or subcontractors establish compliance with the employment verification provisions of Sections 274A and 274B of the federal Immigration and Nationality Act and the E-Verify requirements contained in A.R S § 23- 214 (A) . City retains the legal right to inspect the papers of any Contractor or subcontractor employee who works under this Agreement to ensure that the Contractor or subcontractor is complying with the warranty. Any inspection will be conducted after reasonable notice and at reasonable times. If state law is amended, the Parties may modify this paragraph consistent with state law. IN WITNESS WHEREOF the Parties hereto have caused this Agreement to be signed by their duly authorized representative as elmS of this day of , 20 SDB Contracting Services, an Arizona limited liability company By. Its: CITY OF APACHE JUNCTION, ARIZONA, an Arizona municipal corporation By: John S. Insalaco Its : Mayor 13 ATTEST: Kathleen Connelly, City Clerk APPROVED AS TO FORM. Richard J. Stern, City Attorney 14 STATUTORY PAYMENT BOND PURSUANT TO TITLE 34 , CHAPTER 2 , ARTICLE 2 , OF THE ARIZONA REVISED STATUTES (Penalty of this Bond MUST be 100% of the Contract Amount) KNOW ALL MEN BY THESE PRESENTS. That, hereinafter called the Principal) , as Principal, and a /, company/corporation holding a Certificate of Authority to transact surety business in the State of Arizona as issued by the Director of the Department of Insurance pursuant to Title 20, Chapter 2, Article 1, with its principal office in the City of (hereinafter called the Surety) are held and firmly bound unto the City of Apache Junction (hereinafter called the Obligee) , in the amount of Dollars ($ ) , 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 judgment reasonable attorney fees as may be fixed by the judge of the court. Witness our hand this day of , 20 PRINCIPAL SEAL BY. AGENCY OF RECORD AGENCY ADDRESS SURETY SEAL BY. ATTORNEY IN FACT 15 STATUTORY PERFORMANCE BOND PURSUANT TO TITLE 34, CHAPTER 2, ARTICLE 2, OF THE ARIZONA REVISED STATUTES (Penalty of this Bond MUST be 100% of the Contract Amount) KNOW ALL MEN BY THESE PRESENTS That, (hereinafter called the Principal) , as Principal, and , a company /corporation holding a Certificate of Authority to transact surety business in the State of Arizona as issued by the Director of the Department of Insurance pursuant to 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 Principal faithfully performs and fulfills all of the undertakings, covenants, terms, conditions and agreements of the contract during the original term of the contract and any extension of the contract, with or without notice to the surety, and during the life of any guaranty required under the contract, and also performs and fulfills all of the undertakings, covenants, terms, conditions and agreements of all duly authorized modifications of the contract that may hereafter be made, notice of which modifications to the surety being hereby waived, the above obligation is void Otherwise it remains in full force and effect PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Title 34, Chapter 2, Article 2, of the Arizona Revised Statutes, and all liabilities on this bond shall be determined in accordance with the provisions of Title 34, Chapter 2, Article 2, Arizona Revised Statutes, to the extend as if they were copies at length in this agreement. The prevailing party in a suit on this bond shall recover as part of the judgment reasonable attorney fees as may be fixed by the judge of the court Witness our hand this day of , 20� PRINCIPAL SEAL BY: AGENCY OF RECORD AGENCY ADDRESS SURETY SEAL BY ATTORNEY IN FACT 16 CERTIFICATE OF INSURANCE CITY OF APACHE JUNCTION PROJECT : PW# 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 i . Workers' $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 Bodily Injury & Occurrence Property Damage 4 . Automobile $1, 000, 000 Each Bodily Injury & Occurrence Property Damage It is further agreed that these policies shall not expire, be canceled or changed until all work has been completed and the project has been accepted by the City of Apache Junction If a policy does expire during the life of the contract, a renewal Certificate of the required coverage must be sent to the City of Apache Junction not less than thirty (30) calendar days prior to expiration date This Certificate is not valid unless countersigned by an authorized representative of the Insurance Company. The Certificate of Insurance must also provide that the City, its officers, employees and agents are additional insured parties. Date• Countersigned by. Title. SUBSCRIBED AND SWORN TO before me this day of 20 by as Insurer Notary Public My Commission Expires 17 11. , T« City of Apache Junction, Arizona 300 E Superstition og . yt Boulevard t - � © Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No 2 File ID: 15-252 Sponsor. Shane Kiesow Agenda Date 7/6/2015 Index• In Control. City Council Work Session Presentation and discussion on the procurement of fleet vehicles for the current budget year Staff requests permission to move forward with the purchase of vehicles for the Police Department which would consist of one new replacement 2015 Ford Pursuit Utility for the Patrol Division, one new replacement 2015 Ford F-150 Super Crew and one new replacement 2015 Ford Edge for the Crime Investigations Division Staff requests authorization to purchase the vehicles from San Tan Ford on the cooperative Arizona State Contract #ADSPO12-016671 for a total not to exceed $102,100 00 Vehicles to be replaced are as follows -Patrol Division 2001 Crown Victoria with 114,345 miles -CID 2002 Ford F-150 Extended Cab with 138,823 miles and a 2002 Ford Taurus with 126,835 miles Attachments City of Apache Junction,Arizona Page 1 Printed on 6/29/2015 300E Superstition , City ofApache unction, Arizona Boulevard . ' ` Agenda Item Cover Sheet Apache Junction AZ 85119 y �;. Agenda Item No.3. titkµ. File ID: 15-254 Sponsor Shane Kiesow Agenda Date 7/6/2015 Index In Control. City Council Work Session Presentation and discussion on the procurement of fleet equipment for the current budget year Staff requests permission to move forward with the purchase of equipment for the Public Works Department Equipment will consist of new replacement 2015 821F Case Loader Staff requests authorization to purchase the equipment from Titan Machinery of Arizona through the cooperative Minnesota Department of Transportation Contract L-331(5)for a total not to exceed $228,913 76 Attachments City of Apache Junction,Arizona Page 1 Printed on 6/29/2015 City of Apache Junction, Arizona 300 E Superstition Boulevard V.r>4 } a Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No 4 File ID 15-201 Sponsor. Larry Kirch Agenda Date. 7/6/2015 Index. In Control:City Council Work Session Presentation and discussion on proposed changes to Apache Junction City Code, Vol 1, Chapter 8 Business, Article 8-10 Temporary Food and Beverage Vendors Attachments. City of Apache Junction,Arizona Page 1 Printed on 6/29/2015 Proposed "Food Truck" Ordinance ARTICLE 8-10: MOBILE AND TEMPORARY FOOD AND BEVERAGE VENDORS §8-10-1 DEFINITIONS. For the purpose of this article, the following defuutrons shall apply unless the context cleat ly indicates or requires a different meaning CART VENDOR. Anyone engaged in the business of selling or displaying for sale any food or beverage items on a temporary basis utilizing a cart The carts shall not be in excess of 50 square feet foot or less and shall be non-motorized unit CONCESSION TRAILER VENDOR. Anyone engaged in the business of selling or displaymg for sale any food or beverage items on a temporary basis utilizing a trailer The trailei shua not be ins-tixeesso 128 square feet or less,nor exceed 16 feet foot in length and shall be non-motorized unit FOOD VENDING VEHICLE A device, in on oi by which is oi may be transported or drawn on a public highway excluding devices moved solely by human power which is equipped or primarily used for retail sales of fruits, vegetables, oi produce, and/or prepared,pie-packaged, or unprepared,unpackaged food oi bevel age of any kind The inventory of these vehicles is not necessarily limited to edible items and may include non-food sundries specifically related to the mobile food vendor licensees business FOOD VENDING CART. Any wheeled device moved by human power venfler-s- MOBILE FOOD VENDOR Anyperson or entity, as defined in this chapter, who (A) Owns, controls,manages, operates and/or leases a food vending vehicle, food vending cart, or concession trailer, (B) Contracts with a person(s)to drive, operate,prepare foods, and/or vend from a food vending vehicle, food vending cart, or concession trailer OPERATOR Any person who prepares food and/or sells food from a food vending vehicle, food vending cart,or concession trailei oi any individual that drives such a vehicle, cart, or concession trailei N 1 8-10-2 PERMIT. (A)Requn ed It is unlawful for any mobile food vendoi to conduct business without first obtaining and maintaining a mobile food vendoi permit together with all required application fees as set forth in Apache Junction City Code Chapter 4, all other iequiied licenses, including a privilege tax license,permits and ID cards as may be required by this Chapter If a mobile food vendor has mole than one food vending vehicle, or food vending cart,multiple permits eiN shall be required (B)Application In addition to the requirements set forth in this chapter and the Apache Junction Tax Code, applicants for a mobile food vendor permit shall include the following information with the permit application (1)A description of the goods to be sold (2) If the applicant is an agent of the business for which the permit will be issued, the name and address of the agent, if different from the business address, together with credentials establishing the exact relationships with the mobile food vendoi (3) If a vehicle is to be used, a description and photograph of the vehicle must be submitted, together with the license plate number. (4)The location(s) from which the applicant intends to conduct business and a permanent address to which notifications may be sent If additional locations are added, the applicant must provide the additional locations (5)A statement as to whether the applicant has been convicted of any felony and the nature of the offense (6) The applicant's full name and any other names used during the previous five years (7)A valid driver's license (8)A mobile food vendor who conducts business shall provide proof of vehicle liability insurance which shall be maintained during the term of the license and shall be in at least the minimum amount required by law ^ (9)A mobile food vendor who conducts business on public property oi city right-of-way shall provide a certificate of insurance naming the City of Apache Junction as an additionally insured party. (10)A mobile food vendoi who conducts business shall provide a signed indemnification and duty to defend and hold harmless statement 8-10-3 LOCATION (A) It is unlawful for any pennittee under this article to conduct business (1)On city property or public right-of-way without a written agreement or permit (2)Within a public park unless the permittee has obtained a permit from the parks and recreation director (3) In any area where the business might impede oi inconvenience the public (4)Without written permission of the property ownei or sponsoring business owner for use of the property of which permission shall be available for inspection at all times N 2 N r 1 (5)Without having first obtained all 'Nulled county oi city permits (6)On any private property that is not developed oi is vacant and also subiect to § _ 8-10-4 MISCELLANEOUS (A) Si na e attached to a mobile food vending vehicle shall not re une a sign permit,but g g 9 g must conform to the signage regulations in the Zoning Ordinance. (B)The parking of a vehicle oi cart shall not exceed 96 consecutive hours at the same location 051‘ (C) Vendois/operators of food vending vehicle shall arrange for trash receptacles and will - dispose of all trash during operations and shall keep the area sun ounding the mobile food vending vehicle free of debris, litter and waste (D)A mobile food vendor who conducts business from a vehicle shall carry at all times proof of liability insurance, certificate of insurance, signed indemnification statement,mobile food vendor permit, county health department permit, and proof of property ownei approval to be on a given property for the food vending vehicle, the food vending cart and the mobile food vendor § 8-10-25 PRIVATE PROPERTY CONDITIONS ON LICENSE. Temporary food and beverage vendors shall be subject to the following limitations and conditions when operating on pnvate property (A) The vendors shall only be permitted to operate on developed, commercially zoned property and shall not be authorized to operate on vacant lots, (B) There shall be an open and operating permanent business on the site in order to accommodate the sanitary facilities access requirement of the Building Code (i e, restrooms, trash,recycling, food waste and grease disposal) The temporary food and beverage vendor must also be able to use these facilities; (C) The hours of operation for the vendors shall be limited to the hours that the on-site, permanent business is open, (D) The vendor shall secure the permission of the sponsoring business owner, (E) The number of open ard-epefanfig temporpry feed beverage` ndors sha" '"limited (G) (E) The vendor shall keep the area clean of any litter or debris resulting directly from the business, distance shall prevail; —El) (F) The temporary food and beverage vendors shall feineve not store the vehicle or cart when the permanent on-site business is not open unless the operator has Open and operating ^' 3 ^' concession tiailei vendors may be permitted to leave their tiailei on site with the sponsonng business owner's permission; -3) (G) Inactive eConcession trailer vendors shall not leave stole their trailer on-site,when not in use, in lieu of placing it in a storage lot or similar facility regardless of the sponsoring business owner's permission; (1£)(H) The vendors shall be limited to 96 7 consecutive hours days maximum at each temporary location, (L) Concession ti ailei vendors shall be limited to 5 consecutwe days maximum at each and h 11 b 1 te,a t„ 1 t,ve da,. k2iii�3e 66� e'b'ciageaoi-s�rm -ve-r'ri:iic�-cvzrceirJcciirrsc-cra,3 F n a nt. de fined t,cle xn" o 8-10-6 PENALTIES. Any person violating any of the piovisions of this chapter, shall be deemed guilty of a class one misdemeanor and, shall upon conviction, be punished puisuant to the provisions of the Apache Junction City Code Vol I, Chapter 1 General, Article 1-1 Genei al, $ 1-1-11, Penalty Food Trucks A F ) .:. 06, won�M krov.a.yefPNH:11 • CITY OF APACHE JUNCTION COUNCIL WORK SESSION - JULY 6, 2015 ti j, r); Food Trucks Growing in popularity nationwide Community has expressed interest City Council Legislative Work Plan #33 -- Current ordinance only allows food vending from trailers i aY . . !whM.ihhE6ri11MdGhEtsETrucyklbAi` »,�....wew:. Via"T-a.t+:.t,n,r».a......we.+. .... .•+ aeeww::wr±.vr.;vmn.w+Fsnwc.....v..>+r.:.+rrBw.+w-n yw_.,. -T. ..nwr..•.. a..:s;.y�wx�M - yAl�:ya... 7/6L,- j---,,,,,! Role in Economic Development , Community Festivals AI.Kl\C; STICK Special Events FOOD TRUCK ROUNDUP IF.RRUARY 2015 1 it'll 2 It It 1:n It .2"I Food Truck Fridays S.. `r n..:p,s w.,r rlik,cI El `�\�P��G Av W E �R�4 j. T �i��� * Il ar I * '1 NewTimes • Lre FKLOZ71 co w PRESENTS \ . (5L .� ' --, r g� TUMBLE , EE1D PAR r_ { `� �, _ ; eoso??RR� �z CHANDLER, AZ FOOD TRUCK FESTIVAL • • 11 a rn - 6pm SALT RIVER FIELDS • SCOTTSDALE ) ) 4 il,ir Draft Ordinance t..2 ) Amends City Code §8- 10 to allow food trucks Provide practical regulations and guidelines Aik 010 { Tu w i T,i Discussion k�M, graft 3 ...:+, rw f. ,...x,',.:+k r a»..vn.L.•.'MN4nMaf1+T.�w k t ,, .., ..,,� ... City of Apache Junction, Arizona 300E Superstition , �7?r Boulevard _ t. Apache Junction,AZ 85119 i-7 : t ;: _©: Agenda Item Cover Sheet Agenda Item No 5 rit ,i File ID: 15-258 Sponsor Bryant Powell Agenda Date 7/6/2015 Index. In Control.City Council Work Session .w Presentation and discussion on the selection of a date, time and location for a joint meeting of common community interests between the City of Apache Junction City Council and Town of Queen Creek Town Council Attachments ..MIL City of Apache Junction,Arizona Page 1 Printed on 6/29/2015