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HomeMy WebLinkAbout2014 09.02 City Council Regular Agenda City of Apache Junction, Arizona Meeting location: City Council Chambers 1U Z at City Hall \ -` �► Agenda 300 E.Superstition Blvd \gilONr Apache Junction,AZ City Council Meeting 85119 apachejunctionaz.gov Ph:(480)982-8002 Tuesday,September 2,2014 7:00 PM City Council Chambers A. CALL TO ORDER B. INVOCATION AND PLEDGE OF ALLEGIANCE C. ROLL CALL D. CONSENT AGENDA The council may, at this time, take single action on any or all items listed as consent agenda items. These may include, but are not limited to, acceptance of agenda, acceptance of minutes, appointments, acceptance of resignations and adoption of certain resolutions and other items which do not require a public hearing. The consent agenda is a timesaving device of which the mayor and city council is to receive documentation on these items from the city manager for their review prior to the meeting. Any member of the council may remove any item from the consent agenda for discussion and cause a separate vote on the matter later in the agenda. 1. 14-407 Acceptance of agenda. Consideration and action. Sponsors: Kathy Connelly 2. 14-408 Approval of minutes of regular meeting of August 19, 2014. Consideration and action. Sponsors: Kathy Connelly Attachments: ccmin.081914 August 19, 2014 minutes 3. 14-417 Consideration of proposed contract with Visus, Inc. for PWC2013-10 Pueblo del Sol Roadway Improvements- Phase 1 in an amount not to exceed $269,550.00. Staff respectfully requests approval of this item. Consideration and action. Sponsors: Emile Schmid Attachments: PWC2013-10 Council Memo Award.pdf PWC2013-10 Contract.pdf City of Apache Junction,Arizona Page 1 Printed on 611512026 City Council Meeting Agenda September 2,2014 4. 14-418 Consideration of proposed Resolution No. 14-35, authorizing the city to enter into an intergovernmental agreement with Arizona Department of Transportation for a citywide Intelligent Traffic System study in an amount of$21,550.00. Staff respectfully requests approval of this item. Consideration and action. Sponsors: Emile Schmid Attachments: Resolution 14-35 Memo to council.pdf Resolution 14-35 Combined.pdf Resolution No. 14-35 E. AWARDS, PRESENTATIONS AND PROCLAMATIONS Awards,presentations from other organizations,proclamations issued by the mayor, and acknowledgement of distinguished guests and visitors, and staff presentation of receipt of grant or donated funds are permitted at this time. 5. 14-385 Presentation of checks to Mayor John Insalaco and Police Chief Thomas E. Kelly by representatives of VFW Post 7968 and Superstition Mountain VFW Post 9399 for the purchase of uniforms for the Apache Junction Police Department's Honor Guard. Presentation. Sponsors. Roger Hacker 6. 14-409 Proclamation designating September 22 through September 26, 2014 as National Guard and Reserve Week. Volunteer Ed Mangon will be in attendance to receive the proclamation. Presentation. Sponsors: John Insalaco Attachments: 2014 national guard email 2014 national guard proclamation 7. 14-410 Proclamation designating October 5 through October 12, 2014 as A Week Without Violence. A Week Without Violence is a community advocacy event empowering children and families to promote a culture of peace and nonviolence making the community a better place for all. Presentation. Sponsors: John Insalaco Attachments: 2014 week without violence email 2014 week without violence proclamation F. ANNOUNCEMENT OF CURRENT EVENTS The mayor or any member of council may at this time present a brief summary of current events. However, no discussion shall take place on such items except for clarifying comments related to substance, time and location. G. CITY MANAGER'S REPORT The city manager, members of city staff or those individuals designated by the manager may present information pertinent to items under consideration or information related to the operation of the city. There shall however be no discussion at this time except for clarification inquiries. City of Apache Junction,Arizona Page 2 Printed on 611512026 City Council Meeting Agenda September 2,2014 8. 14-355 City manager's report. Presentation. Sponsors: Bryant Powell 9. 14-402 Bryant Powell, Assistant City Manager, will introduce Larry Kirch, new city of Apache Junction Development Services Director. Presentation and discussion. Sponsors: Bryant Powell 10. 14-386 Presentation by and discussion with Dr. Chad Wilson, Superintendent of Schools, Apache Junction Unified School District, regarding the facts of the override. Presentation and discussion. Sponsors: Bryant Powell H. PUBLIC HEARINGS Public hearings required by applicable law shall be conducted by the council and any person shall be given the opportunity to speak.All remarks shall be addressed to the council as a whole and not to any member thereof. Such remarks shall be limited to five(5)minutes unless additional time is granted by the mayor. This time limitation shall not apply to applicants and their agents appearing before the council. 11. 14-419 Consideration of proposed Resolution No. 14-26, declaring that portions of public roadway easements located on Fourteenth Avenue from Wagon Wheel Road to Goldfield Road, and described in extinguishment case EX-14-26, are no longer necessary for public use as public roadway easements and are hereby extinguished as present and future public right-of-way; and authorizing acceptance of dedication of public right-of-way fronting 1470 South Goldfield Road. Staff respectfully requests approval of this item. Consideration and action. Sponsors: Emile Schmid Attachments: Res 14-26 Council Memo Res 14-26 Combined-3 Resolution No. 14-26 12. 14-421 Consideration of proposed Resolution No. 14-25, declaring that portions of public roadway easements located in the East half of the Northeast Quarter of Section 27, and described in extinguishment case EX-14-25, are no longer necessary for public use as public roadway easements and are hereby extinguished as present and future public right-of-way; and authorizing acceptance of dedication of public right-of-way fronting 1132 and 1238 South Goldfield Road, and at the rear of 1111 South Wagon Wheel Road. Staff respectfully requests approval of this item. Consideration and action. Sponsors: Emile Schmid Attachments: Res 14-25 Council Memo.pdf Res 14-25 Combined-2 Resolution No. 14-25 City of Apache Junction,Arizona Page 3 Printed on 611512026 City Council Meeting Agenda September 2,2014 13. 14-415 Application for a special event liquor license for Community Alliance Against Family Abuse for October 25, 2014 at 3301 S. Goldfield, Apache Junction. The next step in the procedure is for the council to hold a public hearing on the application and make a recommendation for approval or denial to the Arizona Department of Liquor Licenses and Control. Consideration and action. Sponsors. Kathy Connelly Attachments: 2014 caafa special event october cc 2014 caafa special event october. application 2014 caafa special event october applicant letter 2014 caafa special event october.dept 2014 caafa speciale vent october building recommendation 2014 caafa special event october planning recommendation 2014 caafa special event october pd recommendation 2014 caafa special event october fire recommendation 14. 14-416 Presentation, discussion and council direction to staff on the extension of the current .2% city sales tax and an additional .2% sales tax dedicated to fund roadway maintenance and repairs. Consideration and action. Sponsors: Bryant Powell I. OLD BUSINESS The council shall consider any business that has been previously considered and which is still unfinished to include those items previously postponed or tabled. No member of the public shall be permitted to speak on these items unless invited to do so by the mayor after first submitting a written request-to-speak form with the city clerk. J. NEW BUSINESS The council shall consider any business not yet considered. No member of the public shall be permitted to speak on these items unless invited to do so by the mayor after first submitting a written request-to-speak form with the city clerk. 15. 14-406 Presentation and discussion on the city's request for proposals for PR14-03 Landscape Maintenance for Renaissance Point, Arroyo Verde, Phelps Drive Phase I and Phase 11, Ironwood Cove, Royal Palm Road, Ironwood Drive and US 60 Exit, Goldfield Road and US 60 Exit, Tomahawk Road and US 60 Exit, Idaho Road and US 60 Exit, Plaza Drive, Old West Highway Median, and North Apache Trail. The current contract is expiring and staff is recommending entering into an agreement with the lowest bidder's base bid, including a 10% contingency, for a period of one (1)year with the option to renew with three (3)additional one-year periods. Presentation and discussion. Sponsors: Nick Blake K. COUNCIL DIRECTION TO STAFF This item allows the mayor and city council to direct staff on specifically listed matters. City of Apache Junction,Arizona Page 4 Printed on 611512026 City Council Meeting Agenda September 2,2014 L. SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES 16. 14-331 Executive Session at 5:45 P.M. and Work Session at 7:00 P.M. for Monday, September 15, 2014. Sponsors: Bryant Powell 17. 14-332 Executive Session at 5:45 P.M. for Tuesday, September 16, 2014. Other meetings if necessary. Sponsors: Bryant Powell M. CALL TO PUBLIC At this time the public has the privilege to address the council with requests, communications, comments or suggestions relating to city business that are not listed on the agenda.All speakers must have already submitted a written "Request to Speak"form to the city clerk no later than the conclusion of the city manager's report portion of the agenda. If there is a group speaking on the same item, they should select a spokesperson.All such remarks shall be addressed to the council as a whole and not to any member thereof. The mayor is authorized to ask a speaker to stop speaking and leave the podium or to adjourn the meeting if anyone becomes disorderly, uncivil, makes personal attacks or continues to speak about items that are not within the jurisdiction of the city after being warned such issues are beyond the jurisdiction of the city to act. The council may not answer questions of the speaker, discuss the matter with one another, but may, at the conclusion: 1)respond to criticism by a speaker, 2)ask the city manager to review a matter, 3)ask the city manager to place the matter on a future agenda. Each speaker must approach the podium, speak into the microphone,provide their name and address. There is a three (3)minute time limit per speaker. N. ADJOURNMENT Copies of this agenda and additional information on any of the items listed above may be obtained from the City Clerk's office located at 300 E Superstition Blvd,Apache Junction,AZ 85119, Monday through Thursday from 7:00a-6:00p, excluding holidays. If any person with a disability needs any type of accommodation, please notify Human Resources at(480) 474-2617 or(480) 983-0095(TDD)at least 72 hours prior to the scheduled time. City of Apache Junction,Arizona Page 5 Printed on 611512026 ►P�"E�c�, City of Apache Junction, Arizona 300 E Superstition Boulevard � 0 Agenda Item Cover Sheet Apache Junction,AZ _ 85119 Agenda Item No. 1. '+'Piz File ID: 14-407 Sponsor: Kathy Connelly Agenda Date: 9/2/2014 Index: In Control: City Council Meeting Acceptance of agenda. Consideration and action. City of Apache Junction,Arizona Page 1 Printed on 611512026 ►P�"E�c�, City of Apache Junction, Arizona 300 E Superstition Boulevard � 0 Agenda Item Cover Sheet Apache Junction,AZ _ 85119 Agenda Item No.2. '+'Piz File ID: 14-408 Sponsor: Kathy Connelly Agenda Date: 9/2/2014 Index: In Control: City Council Meeting Approval of minutes of regular meeting of August 19, 2014. Consideration and action. City of Apache Junction,Arizona Page 1 Printed on 611512026 CITY COUNCIL REGULAR MEETING AUGUST 19, 2014 The regular meeting of the City Council of the City of Apache Junction, Arizona, was held on August 19, 2014, at the Apache Junction City Council Chambers pursuant to the notice required by law. CALL TO ORDER Vice Mayor Barker called the meeting to order at 7 : 00 p.m. INVOCATION Councilmember Wilson gave the Invocation. PLEDGE OF ALLEGIANCE Councilmember Evans led the Pledge of Allegiance. ROLL CALL Councilmembers Present: Vice Mayor Barker Councilmember Evans Councilmember Rizzi Councilmember Serdy Councilmember Waldron Councilmember Wilson (Mayor Insalaco was absent. ) Staff Present : City Manager George Hoffman Assistant City Manager Bryant Powell City Attorney Joel Stern Public Safety Director Tom Kelly City Engineer Emile Schmid Assistant to the City Manager Matt Busby Others Present: Deputy City Clerk Jan Mason REGULAR MEETING OF THE CITY COUNCIL AUGUST 5, 2014 PAGE 1 OF 10 ACCEPTANCE OF CONSENT AGENDA ) ) Councilmember Evans MOVED THAT THE CONSENT AGENDA BE ACCEPTED EXCEPT ITEM NUMBER SIX BE MOVED TO FOLLOW ITEM NUMBER EIGHT ON THE AGENDA; THAT APPROVAL BE GIVEN FOR THE PURCHASE OF A REPLACEMENT CASE 570N XT TRACTOR GANNON AND A NEW ADDITIONAL CASE 580SN LOADER/BACKHOE FROM TITAN MACHINERY OF ARIZONA FOR THE PARKS DIVISION THROUGH COOPERATIVE MINNESOTA DEPARTMENT OF TRANSPORTATION CONTRACT T-6222 (5) FOR A TOTAL NOT TO EXCEED $177, 741 . 32; AND THAT APPROVAL BE GIVEN FOR THE PURCHASE OF A REPLACEMENT FORD F- 150 FOR THE PARKS RANGER DIVISION, TWO NEW REPLACEMENT FORD PURSUIT SEDANS FOR THE PATROL DIVISION, A FORD FUSION AND A FORD ESCAPE, AS REPLACEMENT VEHICLES FOR THE CRIME INVESTIGATIONS DIVISION, AND A REPLACEMENT FORD F-350 AND REPLACEMENT FORD F- 250 FOR THE PUBLIC WORKS DEPARTMENT STREETS DIVISION FROM CHAPMAN FORD THROUGH COOPERATIVE ARIZONA STATE CONTRACT ADSP012- 016665 FOR A TOTAL AMOUNT NOT TO EXCEED $146, 441 . 35; AND THAT APPROVAL BE GIVEN TO THE PROFESSIONAL SERVICES AGREEMENT BETWEEN EAST VALLEY ADULT RESOURCES, INC. AND THE CITY OF APACHE JUNCTION FOR THE MILEAGE REIMBURSEMENT INCENTIVE PROGRAM ("RIDE CHOICE") FOR FISCAL YEAR 2014-2015 IN AN AMOUNT NOT TO EXCEED $26, 432; AND THAT AUTHORIZATION BE GIVEN FOR THE MAYOR TO SIGN THE AGREEMENT; AND THAT APPROVAL BE GIVEN FOR THE GRANTOR AGREEMENT BETWEEN THE ARIZONA DEPARTMENT OF ECONOMIC SECURITY AND THE CITY OF APACHE JUNCTION FOR VENDING SERVICES AT THE LIBRARY AND PUBLIC WORKS; AND THAT AUTHORIZATION BE GIVEN FOR THE MAYOR TO SIGN THE AGREEMENT. Councilmember Waldron SECONDED THE MOTION. VOTE: Unanimous . The motion carried. AWARDS, PRESENTATIONS AND PROCLAMATIONS REGULAR MEETING OF THE CITY COUNCIL AUGUST 5, 2014 PAGE 2 OF 10 None . ANNOUNCEMENT OF CURRENT EVENTS Councilmember Evans reminded everyone of the Women' s Holistic Conference on Saturday at Dolce Vita. They are offering a 2 for 1 price now. CITY MANAGER' S REPORT None. CONSENT AGENDA (CONTINUED) REAPPOINTMENT OF BOARD MEMBERS TO THE SUPERSTITION MOUNTAINS COMMUNITY FACILITIES DISTRICT ) Councilmember Wilson commented he requested this be pulled from the consent agenda because of the aspect of their not opening this up to prospective people who might be interested in it. Secondly, for the view that we were just arbitrarily picking somebody and not really discussing it very much. He would like to make a motion to table this until September 16 . In the meantime, he would like the acting city manager to put In a request for anyone that may be interested in it. The council would vote on this on September 16 . Assistant City Manager Bryant Powell stated that would be about a month from now. It would be about two weeks for the public to get a chance to submit their names . He asked if he wanted them to just submit their names . Councilmember Wilson commented he could submit a name to him and he could do the interviews or however he wants to do it or how they have been doing it in the past. Assistant City Manager Bryant Powell stated they would then bring that back for September 16 . Councilmember Waldron commented he believes they normally do a talent bank and all of REGULAR MEETING OF THE CITY COUNCIL AUGUST 5, 2014 PAGE 3 OF 10 them come to the council for the interviews . That is how we normally work that. Assistant City Manager Bryant Powell stated they can do the talent bank. He is not familiar with the process . He is not sure how it was done. City Attorney Joel Stern stated the talent bank application process, like in the other boards and commissions, is where the city clerk collects them, provides them to the council at one point in a booklet, and they would list what they are interested in. That is how we do the other commissions . We may have done the sewer board this way a few times but it is not too common as they are six year terms . He commented if they want it done like the other ones, he would ask the acting city clerk, or whatever her title is right now. There are other boards and commissions coming up. Deputy City Clerk Jan Mason stated they have the annual board and commission appointments coming up in October. City Attorney Joel Stern stated he did not know if they wanted to make that part of this . As he said last night, the board members, and this has been confirmed by the sewer board counsel, would continue in that position until it is filled. Vice Mayor Barker asked if the sewer board is listed on the talent bank application. She does not think it is as they have done that separately. Deputy City Clerk Jan Mason stated she does not believe it is as it is not a regular board and commission for the city. In the past, she was only aware of one time when there were multiple applicants . She was not sure if that was the result of an article in the paper or if people heard about it by word of mouth. As Joel stated last night, in the past they could not find anybody to be on the board and they had to go around and find someone who would be willing to serve. If they do an article, she does not know how many applications they will get. There is a possibility they will, but they would not have to do a book for this one only. It would be in a book REGULAR MEETING OF THE CITY COUNCIL AUGUST 5, 2014 PAGE 4 OF 10 if it was combined with the annual appointments . However, they cannot change their term dates to October. They would still end on July 7 . Councilmember Serdy commented he thinks since they are still in transition and they have an interim, they need somebody as quick as possible rather than prolonging it. He thinks September is better than pushing it off until October. He asked if this is limited to city residents since they have some holdings outside the city. City Attorney Joel Stern stated they have to be a member and cannot own more than 40 acres in the district. They could be living outside the city limits . Councilmember Wilson asked if they have to be serviced by the sewer district. City Attorney Joel Stern stated that is correct. Councilmember Serdy commented he and the vice mayor cannot vote on it since they do not have it . Vice Mayor Barker stated she does actually have it. City Attorney Joel Stern commented this is Resolution No. 92-15 . He was sure Jan remembers it. Deputy City Clerk Jan Mason stated she pulled it all today for their reference . City Attorney Joel Stern stated in section H the district is to be governed by a district board comprised of five directors appointed by the council . None of them is to be a landowner owning more than 40 acres in the district and none is to be an elected official of the municipality or an employee or agent of the landowner or municipality. It does not talk about service. REGULAR MEETING OF THE CITY COUNCIL AUGUST 5, 2014 PAGE 5 OF 10 Vice Mayor Barker asked what process he is proposing be used for the next two weeks . Councilmember Wilson commented he ran it by Bryant last night. He would like to have an announcement in the newspaper and have them contact Bryant if they are interested. The council could interview them around September 16 or Bryant can come forward with some information on them. They already have the two they know are willing to serve. He feels they need to open it up in case anyone else is interested. Deputy City Clerk Jan Mason stated if he is looking for the second set of meetings in September, they would interview on September 15 and appoint on September 16 . Vice Mayor Barker asked if the process has to be in the motion. City Attorney Joel Stern commented they can say a process approved by the city manager in the motion. Deputy City Clerk Jan Mason stated it would not be tabled, it would be continued to a date certain. Councilmember Wilson MOVED THAT WE CONTINUE THIS, THAT THE PROCESS BE ESTABLISHED BY THE CITY MANAGER, AND WE WOULD DO THE INTERVIEWS ON SEPTEMBER 15 AND ON SEPTEMBER 16 WE WOULD VOTE. Councilmember Rizzi SECONDED THE MOTION. VOTE: Unanimous . The motion carried. PUBLIC HEARINGS PROPOSED RESOLUTION NO. 14-34, REGULAR MEETING OF THE CITY COUNCIL AUGUST 5, 2014 PAGE 6 OF 10 DECLARING PORTIONS OF PUBLIC ROADWAY EASEMENTS LOCATED ON 7TH AVENUE FROM WICKIUP TO CHAPARRAL, DESCRIBED IN EXTINGUISHMENT CASE EX-14-34, BE EXTINGUISHED ) ) City Engineer Emile Schmid briefed the council on the item. Vice Mayor Barker opened the public hearing on the item. There being no one wishing to speak, she closed the public hearing and reopened the item to council discussion. There being no further discussion, she called for a motion. Councilmember Waldron MOVED THAT RESOLUTION NO. 14-34, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, DECLARING THAT PORTIONS OF THE PUBLIC ROADWAY EASEMENTS LOCATED ON 7TH AVENUE FROM WICKIUP ROAD TO CHAPARRAL ROAD, AND DESCRIBED IN EXTINGUISHMENT CASE EX-14-34, ARE NO LONGER NECESSARY FOR PUBLIC USE AS PUBLIC ROADWAY EASEMENTS AND ARE HEREBY EXTINGUISHED AS PRESENT AND FUTURE PUBLIC RIGHT-OF-WAY, BE APPROVED. Councilmember Wilson SECONDED THE MOTION. VOTE : Unanimous . The motion carried. OLD BUSINESS None. NEW BUSINESS None . DIRECTION TO STAFF None . SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES REGULAR MEETING OF THE CITY COUNCIL AUGUST 5, 2014 PAGE 7 OF 10 Councilmember Waldron stated the executive session and work session for Monday, September 1, 2014, are canceled due to the observation of Labor Day. He MOVED THAT AN EXECUTIVE SESSION AT 5 : 45 P.M. AND A WORK SESSION AT 7 : 00 P.M. BE HELD ON TUESDAY, SEPTEMBER 2, 2014, IN THE CITY COUNCIL CONFERENCE ROOM AND CITY COUNCIL CHAMBERS RESPECTIVELY. Councilmember Evans SECONDED THE MOTION. VOTE : Unanimous . The motion carried. CALL TO THE PUBLIC: None . ADJOURNMENT ) Vice Mayor Barker adjourned the meeting at 7 : 18 p .m. Consent Agenda Items are as follows : 1 . Acceptance of Agenda. 2 . Approval of Minutes of Regular Meeting of August 5, 2014 . 3 . Consideration of the procurement of fleet equipment for the current budget year. 4 . Consideration of the procurement of vehicle equipment for the current budget year for Parks & Recreation, Police and Public Works departments . 5 . Professional services agreement with East Valley Adult Resources, Inc. for mileage reimbursement incentive program (Ride Choice) in an amount not to exceed $26, 432 . 00 . 6 . Reappointment of board members to the Superstition Mountains Community Facilities District (SMCFD) . REGULAR MEETING OF THE CITY COUNCIL AUGUST 5, 2014 PAGE 8 OF 10 7 . Consideration of approval of the grantor agreement between the Arizona Department of Economic Security and the City of Apache Junction for vending services at the Library and Public Works . ACCEPTED THIS 2ND DAY OF SEPTEMBER, 2014, BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA. SIGNED AND ATTESTED TO THIS 2ND DAY OF SEPTEMBER, 2014 . JOHN S . INSALACO Mayor ATTEST: KATHLEEN CONNELLY City Clerk CITY COUNCIL MINUTES CERTIFICATION I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the regular meeting of the City Council of the City of Apache Junction, Arizona, held on the 19th day of August, 2014 . I further certify that the meeting was duly called and held and that a quorum was present. Dated this 20th day of August, 2014 . KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL AUGUST 5, 2014 PAGE 9 OF 10 CITY COUNCIL REGULAR MEETING AUGUST 19, 2014 The regular meeting of the City Council of the City of Apache Junction, Arizona, was held on August 19, 2014, at the Apache Junction City Council Chambers pursuant to the notice required by law. CALL TO ORDER Vice Mayor Barker called the meeting to order at 7 : 00 p.m. INVOCATION Councilmember Wilson gave the Invocation. PLEDGE OF ALLEGIANCE Councilmember Evans led the Pledge of Allegiance . ROLL CALL Councilmembers Present: Vice Mayor Barker Councilmember Evans Councilmember Rizzi Councilmember Serdy Councilmember Waldron Councilmember Wilson (Mayor Insalaco was absent . ) Staff Present: City Manager George Hoffman Assistant City Manager Bryant Powell City Attorney Joel Stern Public Safety Director Tom Kelly City Engineer Emile Schmid Assistant to the City Manager Matt Busby Others Present : Deputy City Clerk Jan Mason REGULAR MEETING OF THE CITY COUNCIL AUGUST 5, 2014 PAGE 1 OF 10 ACCEPTANCE OF CONSENT AGENDA ) ) Councilmember Evans MOVED THAT THE CONSENT AGENDA BE ACCEPTED EXCEPT ITEM NUMBER SIX BE MOVED TO FOLLOW ITEM NUMBER EIGHT ON THE AGENDA; THAT APPROVAL BE GIVEN FOR THE PURCHASE OF A REPLACEMENT CASE 570N XT TRACTOR GANNON AND A NEW ADDITIONAL CASE 580SN LOADER/BACKHOE FROM TITAN MACHINERY OF ARIZONA FOR THE PARKS DIVISION THROUGH COOPERATIVE MINNESOTA DEPARTMENT OF TRANSPORTATION CONTRACT T-6222 (5) FOR A TOTAL NOT TO EXCEED $1771741 . 32; AND THAT APPROVAL BE GIVEN FOR THE PURCHASE OF A REPLACEMENT FORD F- 150 FOR THE PARKS RANGER DIVISION, TWO NEW REPLACEMENT FORD PURSUIT SEDANS FOR THE PATROL DIVISION, A FORD FUSION AND A FORD ESCAPE, AS REPLACEMENT VEHICLES FOR THE CRIME INVESTIGATIONS DIVISION, AND A REPLACEMENT FORD F-350 AND REPLACEMENT FORD F- 250 FOR THE PUBLIC WORKS DEPARTMENT STREETS DIVISION FROM CHAPMAN FORD THROUGH COOPERATIVE ARIZONA STATE CONTRACT ADSP012- 016665 FOR A TOTAL AMOUNT NOT TO EXCEED $146, 441 . 35; AND THAT APPROVAL BE GIVEN TO THE PROFESSIONAL SERVICES AGREEMENT BETWEEN EAST VALLEY ADULT RESOURCES, INC. AND THE CITY OF APACHE JUNCTION FOR THE MILEAGE REIMBURSEMENT INCENTIVE PROGRAM ("RIDE CHOICE") FOR FISCAL YEAR 2014-2015 IN AN AMOUNT NOT TO EXCEED $26, 432; AND THAT AUTHORIZATION BE GIVEN FOR THE MAYOR TO SIGN THE AGREEMENT; AND THAT APPROVAL BE GIVEN FOR THE GRANTOR AGREEMENT BETWEEN THE ARIZONA DEPARTMENT OF ECONOMIC SECURITY AND THE CITY OF APACHE JUNCTION FOR VENDING SERVICES AT THE LIBRARY AND PUBLIC WORKS; AND THAT AUTHORIZATION BE GIVEN FOR THE MAYOR TO SIGN THE AGREEMENT. Councilmember Waldron SECONDED THE MOTION. VOTE: Unanimous . The motion carried. AWARDS, PRESENTATIONS AND PROCLAMATIONS REGULAR MEETING OF THE CITY COUNCIL AUGUST 5, 2014 PAGE 2 OF 10 None. ANNOUNCEMENT OF CURRENT EVENTS Councilmember Evans reminded everyone of the Women' s Holistic Conference on Saturday at Dolce Vita. They are offering a 2 for 1 price now. CITY MANAGER' S REPORT None. CONSENT AGENDA (CONTINUED) REAPPOINTMENT OF BOARD MEMBERS TO THE SUPERSTITION MOUNTAINS COMMUNITY FACILITIES DISTRICT ) Councilmember Wilson commented he requested this be pulled from the consent agenda because of the aspect of their not opening this up to prospective people who might be interested in it . Secondly, for the view that we were just arbitrarily picking somebody and not really discussing it very much. He would like to make a motion to table this until September 16. In the meantime, he would like the acting city manager to put In a request for anyone that may be interested in it. The council would vote on this on September 16. Assistant City Manager Bryant Powell stated that would be about a month from now. It would be about two weeks for the public to get a chance to submit their names . He asked if he wanted them to just submit their names . Councilmember Wilson commented he could submit a name to him and he could do the interviews or however he wants to do it or how they have been doing it in the past . Assistant City Manager Bryant Powell stated they would then bring that back for September 16. Councilmember Waldron commented he believes they normally do a talent bank and all of REGULAR MEETING OF THE CITY COUNCIL AUGUST 5, 2014 PAGE 3 OF 10 them come to the council for the interviews . That is how we normally work that . Assistant City Manager Bryant Powell stated they can do the talent bank. He is not familiar with the process . He is not sure how it was done. City Attorney Joel Stern stated the talent bank application process, like in the other boards and commissions, is where the city clerk collects them, provides them to the council at one point in a booklet, and they would list what they are interested in. That is how we do the other commissions . We may have done the sewer board this way a few times but it is not too common as they are six year terms. He commented if they want it done like the other ones, he would ask the acting city clerk, or whatever her title is right now. There are other boards and commissions coming up. Deputy City Clerk Jan Mason stated they have the annual board and commission appointments coming up in October. City Attorney Joel Stern stated he did not know if they wanted to make that part of this. As he said last night, the board members, and this has been confirmed by the sewer board counsel, would continue in that position until it is filled. Vice Mayor Barker asked if the sewer board is listed on the talent bank application. She does not think it is as they have done that separately. Deputy City Clerk Jan Mason stated she does not believe it is as it is not a regular board and commission for the city. In the past, she was only aware of one time when there were multiple applicants . She was not sure if that was the result of an article in the paper or if people heard about it by word of mouth. As Joel stated last night, in the past they could not find anybody to be on the board and they had to go around and find someone who would be willing to serve. If they do an article, she does not know how many applications they will get . There is a possibility they will, but they would not have to do a book for this one only. It would be in a book REGULAR MEETING OF THE CITY COUNCIL AUGUST 5, 2014 PAGE 4 OF 10 if it was combined with the annual appointments . However, they cannot change their term dates to October. They would still end on July 7 . Councilmember Serdy commented he thinks since they are still in transition and they have an interim, they need somebody as quick as possible rather than prolonging it . He thinks September is better than pushing it off until October. He asked if this is limited to city residents since they have some holdings outside the city. City Attorney Joel Stern stated they have to be a member and cannot own more than 40 acres in the district . They could be living outside the city limits . Councilmember Wilson asked if they have to be serviced by the sewer district. City Attorney Joel Stern stated that is correct . Councilmember Serdy commented he and the vice mayor cannot vote on it since they do not have it. Vice Mayor Barker stated she does actually have it . City Attorney Joel Stern commented this is Resolution No. 92-15 . He was sure Jan remembers it . Deputy City Clerk Jan Mason stated she pulled it all today for their reference. City Attorney Joel Stern stated in section H the district is to be governed by a district board comprised of five directors appointed by the council . None of them is to be a landowner owning more than 40 acres in the district and none is to be an elected official of the municipality or an employee or agent of the landowner or municipality. It does not talk about service. REGULAR MEETING OF THE CITY COUNCIL AUGUST 5, 2014 PAGE 5 OF 10 Vice Mayor Barker asked what process he is proposing be used for the next two weeks. Councilmember Wilson commented he ran it by Bryant last night . He would like to have an announcement in the newspaper and have them contact Bryant if they are interested. The council could interview them around September 16 or Bryant can come forward with some information on them. They already have the two they know are willing to serve . He feels they need to open it up in case anyone else is interested. Deputy City Clerk Jan Mason stated if he is looking for the second set of meetings in September, they would interview on September 15 and appoint on September 16. Vice Mayor Barker asked if the process has to be in the motion. City Attorney Joel Stern commented they can say a process approved by the city manager in the motion. Deputy City Clerk Jan Mason stated it would not be tabled, it would be continued to a date certain. Councilmember Wilson MOVED THAT WE CONTINUE THIS, THAT THE PROCESS BE ESTABLISHED BY THE CITY MANAGER, AND WE WOULD DO THE INTERVIEWS ON SEPTEMBER 15 AND ON SEPTEMBER 16 WE WOULD VOTE. Councilmember Rizzi SECONDED THE MOTION. VOTE: Unanimous . The motion carried. PUBLIC HEARINGS PROPOSED RESOLUTION NO. 14-34, REGULAR MEETING OF THE CITY COUNCIL AUGUST 5, 2014 PAGE 6 OF 10 DECLARING PORTIONS OF PUBLIC ROADWAY EASEMENTS LOCATED ON 7TH AVENUE FROM WICKIUP TO CHAPARRAL, DESCRIBED IN EXTINGUISHMENT CASE EX-14-34, BE EXTINGUISHED ) ) City Engineer Emile Schmid briefed the council on the item. Vice Mayor Barker opened the public hearing on the item. There being no one wishing to speak, she closed the public hearing and reopened the item to council discussion. There being no further discussion, she called for a motion. Councilmember Waldron MOVED THAT RESOLUTION NO. 14-34, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, DECLARING THAT PORTIONS OF THE PUBLIC ROADWAY EASEMENTS LOCATED ON 7TH AVENUE FROM WICKIUP ROAD TO CHAPARRAL ROAD, AND DESCRIBED IN EXTINGUISHMENT CASE EX-14-34, ARE NO LONGER NECESSARY FOR PUBLIC USE AS PUBLIC ROADWAY EASEMENTS AND ARE HEREBY EXTINGUISHED AS PRESENT AND FUTURE PUBLIC RIGHT-OF-WAY, BE APPROVED. Councilmember Wilson SECONDED THE MOTION. VOTE: Unanimous . The motion carried. OLD BUSINESS None. NEW BUSINESS None. DIRECTION TO STAFF None. SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES REGULAR MEETING OF THE CITY COUNCIL AUGUST 5, 2014 PAGE 7 OF 10 Councilmember Waldron stated the executive session and work session for Monday, September 1, 2014, are canceled due to the observation of Labor Day. He MOVED THAT AN EXECUTIVE SESSION AT 5 : 45 P.M. AND A WORK SESSION AT 7 : 00 P.M. BE HELD ON TUESDAY, SEPTEMBER 2, 2014, IN THE CITY COUNCIL CONFERENCE ROOM AND CITY COUNCIL CHAMBERS RESPECTIVELY. Councilmember Evans SECONDED THE MOTION. VOTE: Unanimous . The motion carried. CALL TO THE PUBLIC: None. ADJOURNMENT ) Vice Mayor Barker adjourned the meeting at 7 : 18 p.m. Consent Agenda Items are as follows : 1 . Acceptance of Agenda . 2 . Approval of Minutes of Regular Meeting of August 5, 2014 . 3 . Consideration of the procurement of fleet equipment for the current budget year. 4 . Consideration of the procurement of vehicle equipment for the current budget year for Parks & Recreation, Police and Public Works departments . 5 . Professional services agreement with East Valley Adult Resources, Inc. for mileage reimbursement incentive program (Ride Choice) in an amount not to exceed $26, 432 . 00 . 6. Reappointment of board members to the Superstition Mountains Community Facilities District (SMCFD) . REGULAR MEETING OF THE CITY COUNCIL AUGUST 5, 2014 PAGE 8 OF 10 7 . Consideration of approval of the grantor agreement between the Arizona Department of Economic Security and the City of Apache Junction for vending services at the Library and Public Works . ACCEPTED THIS 2ND DAY OF SEPTEMBER, 2014, BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA. SIGNED AND ATTESTED TO THIS 2ND DAY OF SEPTEMBER, 2014 . A ,+ OHN S. IN ALACO Mayor ATTEST: KATHLEEN CONNELLY � ! City Clerk CITY COUNCIL MINUTES CERTIFICATION I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the regular meeting of the City Council of the City of Apache Junction, Arizona, held on the 19th day of August, 2014 . I further certify that the meeting was duly called and held and that a quorum was present. Dated this 20th day of August, 2014 . KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL AUGUST 5, 2014 PAGE 9 OF 10 ►P�"E�c�, City of Apache Junction, Arizona 300 E Superstition Boulevard o Agenda Item Cover Sheet Apache Junction,AZ U =i 85119 Agenda Item No. 3. �Piz oN* File ID: 14-417 Sponsor: Emile Schmid Agenda Date: 9/2/2014 Index: In Control: City Council Meeting Consideration of proposed contract with Visus, Inc. for PWC2013-10 Pueblo del Sol Roadway Improvements- Phase 1 in an amount not to exceed $269,550.00. Staff respectfully requests approval of this item. Consideration and action. City of Apache Junction,Arizona Page 1 Printed on 611512026 AQp,CNF� a� G2 Public Works Department ;;a► Home of the Superstition Mountains q ONP August 6, 2014 Memorandum to: Honorable Mayor and Members of the Council Through: Bryant Powell,Assistant City Manager Giao Pham P.E.,Director of Public Works From: Emile Schmid P.E., City Engineer Regarding: Award of Bid for Project PWC2013-10 Pueblo Del Sol Roadway Improvements—Phase 1 Three bid proposals were received and opened on Wednesday,July 30, 2014. Six construction firms were represented at a mandatory Pre-Bid Meeting held July 22, 2014. The base bids ranged from$245,000.00 to $317,982.04. This project includes curb&gutter, sidewalk installation, drainage, and other street related improvements. Work is scheduled to be completed by November 3,2014. Base Bid Opening Summary Total Visus,Inc $245,000.00 DWA Construction $313,088.00 ABC Asphalt $317,982.04 Engineering Opinion of Probable Cost $309,923.21 The Public Works Department recommends award to Visus,Inc. for their bid,in the amount of $245,000.00. RECOMMENDED MOTION: I MOVE TO AWARD BID PWC2013-10 TO VISUS,INC.IN THE AMOUNT OF $245,000.00,PLUS 10%FOR UNFORESEEN CHANGE ORDERS,$24,500.00, FOR A TOTAL OF$269,500.00. 575 E. Baseline Avenue, Apache Junction, AZ 85119 • Voice (480) 982-1055 • FAX (480) 983-5752 or(480) 982-8005 City OF APACHE JUNCTION AGREEMENT FOR PUEBLO DEL SOL ROADWAY IMPROVEMENTS - PHASE 1 PROJECT PWC2013-10 THIS AGREEMENT made and entered into by and between the CITY OF APACHE JUNCTION, an Arizona municipal corporation ("City") and VISUS, INC. , an Arizona corporation ("Contractor") . RECITALS A. In response to City' s Notice Inviting Bid Proposals dated July 9, 2014, and any addendums applicable thereto, Contractor submitted a proposal dated, July 30, 2014, in which Contractor asserts its willingness, ability and qualifications to provide this work and service . B. City has complied with the public bidding requirements under Arizona Revised Statute Title 34 and Apache Junction City Code, Vol . 1, Chapter 3, Article 3-7 . C. City and Contractor desire to set forth herein their respective responsibilities and the manner and terms upon which Contractor shall render the services . AGREEMENT NOW, THEREFORE, City retains Contractor to perform, and Contractor agrees to render the services in accordance with the terms and conditions set forth below: 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 Pueblo Del Sol Roadway Improvement Phase 1 Bid Documents, Project No. PWC2013-10 and Contractor' s estimate dated July 29, 2014, but not limited to: A. This federally funded Community Development Block Grant project, Pueblo Del Sol Roadway Improvements (Phase 1) will include the following: curb & gutter, sidewalk, drainage, and other street related improvements . All work shall be completed in accordance with the following (hereinafter referred to as the Contract Documents) : 1) the construction plans entitled "City of Apache Junction Public Works Department Pueblo Del Sol Roadway Improvements, Project Number PWC2013-10"; 2) the latest "Uniform Standard Specifications and Details for Public Works Construction" by the Maricopa Association of Governments; and 3) Engineering Standards and Details of the City of Apache Junction, all of which are hereinafter referred to as the Contract Documents . 1 2 . PAYMENTS & COMPLETION: The contract sum shall be the total amount payable by City to the Contractor in the amount not to exceed Two hundred forty five thousand Dollars and zero Cents ($ 245, 000 . 00) 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, City representatives shall promptly cause to be made an inspection. When City finds the work acceptable under the Contract Documents, City shall promptly submit for processing a certificate for payment stating that to the best of their knowledge, information and belief and on the basis of its observation and inspection, the work has been completed in accordance with the terms and conditions of the Contract Documents and that partial payment or the entire balance due the Contractor is payable . Final payment shall not become due until the Contractor submits to the all required lien waivers, releases and any other data establishing payment or satisfaction of all Contractor' s obligations . If any Subcontractor refuses to furnish a release or waiver required by City, Contractor may furnish a bond satisfactory to the City to indemnify City against any such lien. If any such lien remains unsatisfied after all payments are made, Contractor shall refund to City all monies that the latter may be compelled to pay in discharging such liens, including all costs and reasonable attorneys fees . 3 . CONTRACT TIME: Contractor hereby fixes the time for beginning work no later than September 15, 2014 as, with completion no later than November 13, 2014 . Upon failure to complete work within the time specified, the Contractor shall pay as liquidated damages for the loss of use of the benefit of this project the sum as provided in Table 108 of the M.A.G. Specifications per day for each day the work remains unfinished. This provision does not limit the liability of Contractor for actual damages sustained by the City as a result of any breach of contract or warranty by the Contractor. Extensions may be approved at times as the parties mutually deem fit. 4 . INDEPENDENT CONTRACTOR: Contractor shall at all times during Contractor' s performance of the services retain Contractor' s status as an independent Contractor. Contractor' s employees shall under no circumstances be considered or held to be employees or agents of City and City shall have no obligation to pay or withhold state or federal taxes, or provide workers compensation or unemployment insurance for or on behalf of them or Contractor. Contractor shall supervise and direct the work to be done using its best skill and attention. Except as provided in this Agreement, Contractor shall be solely responsible for all construction means, methods, techniques, sequences and procedures, and for coordinating all portions of the work required by the contract documents . Contractor shall be responsible to City for the acts and omissions of its employees, Subcontractors and their agents and employees and other persons performing any of the work under any contract document. B. Approximate square yards of roads to be treated is 4, 500 . 2 C. Provide traffic control as needed per street improvement phase as approved by the City Engineer. 5 . LABOR AND MATERIALS: Unless otherwise provided in the contract documents, Contractor shall provide, pay and insure under the requisite laws and regulations for all labor, materials, equipment, tools and machinery, water, heat, utilities, transportation, other facilities and services necessary for the proper execution and completion of the work whether temporary or permanent, and whether or not incorporated or to be incorporated in the work. 6 . INSPECTIONS AND QUALITY OF WORK: Contractor understands and specifically agrees that all work is to be performed pursuant to Maricopa Association of Governments specifications and details, ("MAG" specifications and details") with City' s additions . Contractor agrees that it will conduct at least one pre-construction meeting before any work commences . While performing the services, Contractor shall exercise the reasonable professional care and skill customarily exercised by reputed members of Contractor' s profession practicing in the Phoenix metropolitan area, and shall use reasonable diligence and best judgment while exercising its professional skill and expertise . Contractor shall also be responsible for all errors and omissions Contractor commits in the performance of this Agreement. Contractor understands and agrees that inspection of the work being performed hereunder will occur by City. Contractor agrees that City will have the exclusive right to determine, in its sole discretion, whether the work has been performed in accordance with the Contract Documents, including MAG specifications and details . Contractor further agrees to make such corrections to the work as may be directed by City to conform to said Contract Documents including MAG specifications and details, without requirement of Change Order or any additional charge or cost to City whatsoever. Contractor further agrees to make such corrections to the work within the time for completion of work as specified in Section 3 above and shall not be entitled to additional time for completion of work for any correction work needed to be performed hereunder. Failure to perform correction work within the time to complete work as provided in Section 3 shall subject Contractor to liquidated damages as provided therein. 7 . WARRANTY: Contractor shall guarantee the work against defective workmanship or materials for a period of one (1) year from the date of its final acceptance under the contract; ordinary wear and tear and unusual abuse or neglect excepted. Any omission on the part of City to condemn defective work or materials at the time of construction shall not be deemed an acceptance and Contractor will be required to correct defective work or materials at any time before final acceptance . Within one (1) year from the date of final acceptance due to faults in workmanship or materials, the Contractor shall begin making the necessary repairs to the satisfaction of City within fourteen (14) calendar days of receipt of written notice from City. Such work shall include the repair or replacement of other work or materials damaged or affected by making the above repairs or corrective work all at no additional cost to City. In the case of work materials or equipment for which warranties are required by the special provisions, or the contract document, 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 3 work. Delivery of such warranties shall not relieve Contractor from any obligation assumed under any other provision of the contract. The warranties and guarantees provided in this subsection of the contract documents shall be in addition to and not in limitation of any other warrantees, guarantees or remedies required by law, and shall survive the expiration of this Agreement for the time period mentioned above . If the Contractor fails within a reasonable time to replace or repair any portion of the work deemed to be needed, the City may cause said work to be done and the Contractor agrees to pay all costs incurred, or the `City may use the Warranty Bond to pay for costs incurred. 8 . TAXES: Contractor shall pay all license, sales, consumer, 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. 9 . 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 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 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 . 10 . SUPERINTENDENT: Contractor shall employ a competent project superintendent who shall be in attendance at the project site during the progress of the work. The superintendent shall represent and be the community agent of Contractor and communications given to the superintendent shall be as binding as if given to Contractor. Important communications shall be confirmed in writing. The designated superintendent' s contact information shall be provided to the Public Works Director or his designee in writing within five (5) working days after execution of this Agreement. 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 . 4 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 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 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 person for whose acts, errors, mistakes, omissions, work or services Contractor may be legally liable . 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 in the State of Arizona, possessing a current A.M. Best, Inc. Rating of B++6, or approved unlicensed in the State of Arizona with policies and forms satisfactory to City. All insurance required herein shall be maintained in full force and effect until all work or service required to be performed under the terms of the Agreement is satisfactorily completed and formally accepted; failure to do so may, at the sole discretion of the City constitute a material breach of this Agreement. 5 Contractor' s insurance shall be primary insurance as respect to City, and any insurance or self-insurance maintained by City shall not contribute to it. Any failure to comply with the claim reporting provisions of the insurance policies or any breach of an insurance policy warranty shall not affect coverage afforded under the insurance policies to protect City. The insurance policies, except Workers Compensation, shall contain waiver of transfer rights of recovery (subrogation) against City, its agents, officers, officials and employees for any claims arising out of Contractor' s acts, errors, mistakes, omissions, work or services . The insurance policies may provide coverage which contain deductibles or self-insured retentions . Such deductible and/or self-insured retentions shall not be applicable with respect to the coverage provided to City under such policies . Contractor shall be solely responsible for the deductible and/or self-insured retention and City, at its option, may require Contractor to secure payment of such deductibles or self-insured retentions by a Surety Bond or an irrevocable and unconditional letter of credit. City reserves the right to request and to receive within ten (10) working days, certified copies of any or all of the herein required insurance policies and/or endorsements . City shall not be obligated, however, to review same or to advise Contractor of any deficiencies in such policies and endorsements, and such receipt shall not relieve Contractor from, or be deemed a waiver of City' s right to insist on strict fulfillment of Contractor' s obligations under this Agreement. The insurance policies, except Workers Compensation and Professional Liability, required by this Agreement, shall name City, its Mayor, Council, appointees, agents, officers, officials and employees as additional insured parties . REQUIRED COVERAGE Commercial General Liability Contractor shall maintain Commercial General Liability insurance with a limit of not less than $1, 000, 000 for each occurrence with a $2, 000, 000 Products/Completed Operations Aggregate and a $2, 000, 000 General Aggregate Limit. The policy shall include coverage for bodily injury, broad form property damage, personal injury, products and completed operations and blanket contractual coverage including, but not limited to, the liability assumed under the indemnification provisions of this Agreement which coverage will be at least as broad as Insurance Service Office, Inc. Policy Form CG 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 . 6 If required by this Agreement, if Contractor sublets any part of the work, services or operations, Contractor shall purchase and maintain, at all times during prosecution of the work, services or operations under this Agreement, an Owner and Contractor' s Protective Liability insurance policy for bodily injury and property damage, including death, which may arise in the prosecution of the Contractor' s work, service or operations under this Agreement. Coverage shall be on an occurrence basis with a limit not less than $1, 000, 000 per occurrence, and the policy shall be issued by the same insurance company that issues Contractor' s General Liability insurance . Automobile Liability Contractor shall maintain Commercial/Business Automobile Liability insurance with a combined single limit for bodily injury and property damage of not less than $1, 000, 000 each occurrence with respect to Contractor' s owned, hired, and non-owned vehicles assigned to or used in performance of Contractor' s work. Coverage will be at least as broad as coverage code 1, "any auto", (Insurance Service Office, Inc. Policy Form CA 00011293, or any replacements thereof) . Such insurance shall include coverage for loading and off loading hazards . If hazardous substances, materials or wastes are to be transported, MCS 90 endorsement shall be included and $5, 000, 000 per accident limits for bodily injury and property damage shall apply. Workers' Compensation Contractor shall carry Workers' Compensation insurance to cover obligations imposed by federal and state statutes having jurisdiction of Contractor' s employees engaged in the performance of the work or services; and, Employer' s Liability insurance of not less than $100, 000 for each accident, $100, 000 disease for each employee, and $500, 000 disease policy limit. By execution of this Agreement, Contractor certifies as follows : "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. 7 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 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 insured under this policy. " Insurance required herein shall not expire, be canceled, or materially changed without thirty (30) calendar days' prior written notice to City. 16 . CHANGE ORDERS: This is a Lump Sum Contract. 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 8 such changes shall be effected by written order and shall be binding upon City and Contractor. 17 . SUCCESSORS & ASSIGNS: City and Contractor each bind themselves, their partners, successors, assigns and legal representatives to the other party hereto and to the partners, successors, assigns and legal representatives of such other party in respect to all covenants, agreements and obligations contained in the contract documents . Neither party to the contract shall assign the contract or sublet it as a whole without the written consent of the other, nor shall the Contractor assign any monies due or to become due to or to become due to it without the previous written consent of City. 18 . WRITTEN NOTICE: Written notice shall be deemed to have been duly served if delivered in person to the individual or member of the firm or entity, or to an office of the corporation for whom it was intended or if delivered at or sent registered or certified mail, return receipt requested, and first class postage prepaid to the last business address known to them who gives the notice . 19 . CLAIMS FOR DAMAGES: Should either party to the contract suffer injury or damage to personal property because of any act or omission of the other party or of their employees or agents for whose acts they are legally liable, claims shall be made in writing to such other parties within a reasonable time after the first observance of such injury or damages . 20 . PERFORMANCE BOND & LABOR & MATERIAL PAYMENT BOND: City shall have the right to require Contractor to furnish bonds covering the faithful performance of the contract and the payment of all obligations arising thereunder. Attached are standard bond forms which must be completed by Contractor, and Contractor agrees to conform to all provisions set forth in such forms . 21 . SAFETY: Except as provided herein with respect to trench excavation and traffic regulations, Contractor and/or its Subcontractors shall be solely responsible for job safety at all times . 22 . RIGHTS & REMEDIES: The duties and obligations imposed by the contract documents and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. No action or failure to act by City or Contractor shall constitute a waiver of any right or duty afforded any of them under the contract, nor shall any action or failure to act constitute an approval of or an acquiescence to any breaches hereunder except as may be specifically agreed to in writing. 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 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 9 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: 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. 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 . 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 10 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. 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 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 of this day of 2014 . 11 Visus Engineering Construction, Inc. an Arizona corporation By: Title : STATE OF ) ss . COUNTY OF ) The foregoing instrument was acknowledged before me this day of 2014, by as Contractor in the above-referenced Agreement. Witness my hand and official seal . My Commission Expires : Notary Public City OF APACHE JUNCTION an Arizona municipal corporation By: JOHN S . INSALACO Its MAYOR ATTEST : Kathleen Connelly City Clerk 12 APPROVED AS TO FORM: Richard J. Stern City Attorney STATE OF ARIZONA ) SS . COUNTY OF PINAL ) The foregoing instrument was acknowledged before me this day of , 2014, by , as (Name) (Title) of the City of Apache Junction, an Arizona municipal corporation, for and on behalf of said Corporation. in the above-referenced Agreement. Witness my hand and official seal . My Commission Expires : Notary Public 13 STATUTORY PAYMENT BOND PURSUANT TO TITLE 34 , CHAPTER 2, ARTICLE 2, OF THE ARIZONA REVISED STATUTES (Penalty of this Bond MUST be 100% of the Contract Amount) KNOW ALL MEN BY THESE PRESENTS: That, (hereinafter called the Principal) , as Principal, and a company /corporation holding a Certificate of Authority to transact surety business in the State of Arizona as issued by the Director of the Department of Insurance pursuant to Title 20, Chapter 2, Article 1, with its principal office in the City of (hereinafter called 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 , 2014 to which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITIONS OF THIS OBLIGATION IS SUCH, that if the said Principal shall promptly pay all moneys due to all persons supplying labor or materials to Principal or Principal' s Sub-Contractors in the prosecution of the work provided for in said contract, this obligation shall be void. Otherwise it remains in full force and effect: PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Title 34, Chapter 2, Article 2, of the Arizona Revised Statutes, all liabilities on this bond shall be determined in accordance with the provisions, conditions and limitations of said Title, Chapter and Article, to the same extent as if they were copies at length herein. The prevailing party in a suit on this bond shall recover as part of the judgment reasonable attorney fees as may be fixed by the judge of the court. Witness our hand this day of , 2014 . PRINCIPAL SEAL BY: AGENCY OF RECORD AGENCY ADDRESS SURETY BY: ATTORNEY IN FACT 14 STATUTORY PERFORMANCE BOND PURSUANT TO TITLE 34 , CHAPTER 2, ARTICLE 2, OF THE ARIZONA REVISED STATUTES (Penalty of this Bond MUST be 100% of the Contract Amount) KNOW ALL MEN BY THESE PRESENTS: That, (hereinafter called the Principal) , as Principal, and , a company /corporation holding a Certificate of Authority to transact surety business in the State of Arizona as issued by the Director of the Department of Insurance pursuant to (hereinafter called the Surety) are held and firmly bound unto the City of Apache Junction (hereinafter called the Obligee) , in the amount of Dollars ($ ) , for the payment whereof, the said Principal and Surety bind themselves, their heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated day of ,2014 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 , 2014 . PRINCIPAL SEAL BY: AGENCY OF RECORD AGENCY ADDRESS SURETY BY: ATTORNEY IN FACT 15 CITY OF APACHE JUNCTION WARRANTY BOND PROJECT NO.PWC2013-10 BOND NO. PREMIUM NO. WHEREAS, the City of Apache Junction (hereafter "City") and (hereafter"Principal") have entered into an agreement ("Agreement") dated - , 2014, whereby Principal agreed to install and complete certain designated public improvements as a condition of relating to at Principal's own expense and which Agreement is hereby referred to and made a part hereof; and WHEREAS, Principal is required under the terms of the Agreement to furnish warranty security for the work performed pursuant to the Agreement in the amount of ten percent (10%) of the original amount of the security deposit to guarantee replacement and repair of the improvements as described in the Agreement for a period of one year following final acceptance of said improvements. NOW, THEREFORE, we, Principal, and ("Surety"), are held and firmly bound unto City in the penal sum of ($ ) lawful money of the United States, for the payment of which we bind ourselves, our heirs, successors, executors, and administrators, jointly and severally. The condition of this obligation is such that if Principal shall indemnify City for all loss that City may sustain by reason of any defective materials or workmanship which become apparent during the period of one year from and after acceptance of the improvements by the City, then this obligation shall be null and void; otherwise, this obligation shall remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified, costs and reasonable expenses and fees shall be included, including reasonable attorneys' fees incurred by City in successfully enforcing the obligation, all to be taxed as costs and included in any judgment rendered. Surety shall provide City with thirty (30) days' written notice of Principal's default prior to Surety terminating, suspending or revoking the bond. In witness whereof, this instrument has been duly executed by Principal's and Surety on , 2014. Principal Surety By Attorney-in-Fact Address 16 City OF APACHE JUNCTION PROJECT NO. PWC2013-10 CERTIFICATE OF INSURANCE The certifies that the following insurance policies have been issued on behalf of: NAME OF INSURED: ADDRESS OF INSURED: Type of Policy Effect. Expire Limits of Insurance Number Date Date Liability 1. Workman's $100, 000 Each Accident; Compensation $100, 000 Each Disease, $500, 000 Disease Policy Limit 2. Commercial $1, 000, 000 Each Occurrence; General $2, 000, 000 Products Liability /Completed Operations Aggregate; $2, 000, 000 General Aggregate Limit 3. Contractual $1, 000, 000 Each Occurrence Bodily Injury & Property Damage 4. Professional $1, 000, 000 Each Claim Liability 5. Automobile $1, 000, 000 Each Occurrence Bodily Injury & Property Damage It is further agreed that these policies shall not expire, be canceled or changed until all work has been completed and the project has been accepted by the City. If a policy does expire during the life of the contract, a renewal Certificate of the required coverage must be sent to the City of Apache Junction not less than thirty (30) calendar days prior to expiration date. This Certificate is not valid unless countersigned by an authorized representative of the Insurance Company. The Certificate of Insurance must also provide that the City, its Mayor, Council, appointees, officers, employees and agents, are additional insured parties . Date: Countersigned by: Title: SUBSCRIBED AND SWORN TO before me this day of , 2014 by as Insurer. Notary Public My Commission Expires: 17 ►P�"E�c�, City of Apache Junction, Arizona 300 E Superstition Boulevard o Agenda Item Cover Sheet Apache Junction,AZ U =i 85119 Agenda Item No.4. �Piz oN* File ID: 14-418 Sponsor: Emile Schmid Agenda Date: 9/2/2014 Index: In Control: City Council Meeting Consideration of proposed Resolution No. 14-35, authorizing the city to enter into an intergovernmental agreement with Arizona Department of Transportation for a citywide Intelligent Traffic System study in an amount of$21,550.00. Staff respectfully requests approval of this item. Consideration and action. City of Apache Junction,Arizona Page 1 Printed on 611512026 �PQpCNF✓ ti Public Works Department 5 U Z Home of the Superstition Mountains gHIZON Date: August 6, 2014 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: PW2013-17 MAG ITS Study utilizing Congestion Mitigation and Air Quality Improvement (CMAQ) Program funds In September 2012 city staff initiated and pursued utilizing Congestion Mitigation and Air Quality Improvement (CMAQ) Program funds for a citywide Intelligent Traffic System (ITS) study. The goal of the study is to identify the most appropriate, efficient, and safe ITS system that will coordinate existing and future improvements to intersections within the City of Apache Junction. The attached IGA outlines both City of Apache Junction and ADOT responsibilities related to the study. The cost breakdown is as follows: Percentage Cost Federal aid funds 88.4% (capped) $141,450.00 City match 11.6% $18,550.60 City match: ADOT design review fee 100% $3,000.00 Total $163,000.00 Total Estimated City Match $21,550.00 Per the attached IGA, the city is responsible for any study cost overages incurred by the project. City staff worked with ADOT in preparing the attached enclosed agreement for city council's consideration. Staff will present the study and contract at the 08/18/2014 City Council Work Session with the anticipation this item will be placed on the consent agenda for consideration and action at the 09/02/2014 City Council Regular Meeting. 575 E. Baseline Avenue, Apache Junction, AZ 85219 Tel (480) 982-1055 • Fax (480) 982-8005 RESOLUTION NO. 14-35 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AUTHORIZING THE CITY TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT WITH ARIZONA DEPARTMENT OF TRANSPORTATION FOR CONGESTION MITIGATION AND AIR QUALITY IMPROVEMENT PROGRAM FUNDS . WHEREAS, A.R. S . § 11-951 et seq. authorizes public agencies to enter into intergovernmental agreements for the provision of services or for joint or cooperative action; and WHEREAS, the purpose of this joint effort is to allow the State to acquire federal funds for the completion of an Intelligent Transportation System Strategic Plan for all current and future traffic signals within the City (the "Project") ; and WHEREAS, the State shall be the designated agent for the City; and WHEREAS, the estimated total scoping and design cost of the Project is $163, 000 . 00, including administration cost, which represents 100o funding; and WHEREAS, Federal-aid funds will contribute $141, 450 . 00 for scoping and design of the Project; and WHEREAS, the required City leftover matching funds for scoping and design of the Project is $21, 550 . 00; and WHEREAS, the purpose of this Agreement is to identify and define both the City' s and the State' s respective obligations and responsibilities concerning the installation and maintenance 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 intergovernmental agreement between the City of Apache Junction and the Arizona Department of Transportation ("IGA/JPA 14-0004048-I) and the Mayor is hereby authorized to sign the agreement on behalf of the City. RESOLUTION NO. 14-35 PAGE 1 OF 2 2) Under the terms of IGA/JPA 14-0004048-I, the City will pay for the scoping and design costs associated with the Project. 3) The City Manager and/or his designee is authorized and directed to take all steps necessary to carry out the purpose and intent of this resolution. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS DAY OF , 2014 . SIGNED AND ATTESTED TO THIS DAY OF , 2014 . JOHN S . INSALACO Mayor ATTEST: KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM: RICHARD J. STERN City Attorney RESOLUTION NO. 14-35 PAGE 2 OF 2 ADOT File No.: IGA/JPA 14-0004048-I AG Contract No.: P001 2014 000xxx Project: ITS Strategic Plan Section: City wide Federal-aid No.: APJ-0(210)T ADOT Project No.: SZ11201 D/03D TIP/STIP No.: APJ 15-461 CFDA No.: 20.205 -Highway Planning and Construction Budget Source Item No.: n/a INTERGOVERNMENTAL AGREEMENT BETWEEN THE STATE OF ARIZONA AND THE CITY OF APACHE JUNCTION THIS AGREEMENT is entered into this date 2014, pursuant to the Arizona Revised Statutes §§ 11-951 through 11-954, as amended, between the STATE OF ARIZONA, acting by and through its DEPARTMENT OF TRANSPORTATION (the "State" or"ADOT") and the CITY OF APACHE JUNCTION, acting by and through its MAYOR and CITY COUNCIL (the "City"). The State and the City are collectively referred to as "Parties." I. RECITALS 1. The State is empowered by Arizona Revised Statutes § 28-401 to enter into this Agreement and has delegated to the undersigned the authority to execute this Agreement on behalf of the State. 2. The City is empowered by Arizona Revised Statutes § 48-572 to enter into this Agreement and has by resolution, a copy of which is attached hereto and made a part hereof, resolved to enter into this Agreement and has authorized the undersigned to execute this Agreement on behalf of the City. 3. The work proposed under this Agreement consists of completing an ITS Strategic Plan for all current and future traffic signals within the City, hereinafter referred to as the "Project". The State will administer the scoping and design of the Project. The plans, estimates and specifications for the Project will be prepared and, as required, submitted to the Federal Highway Administration (FHWA)for approval. 4. The City, in order to obtain federal funds for the scoping and design of the Project, is willing to provide City funds to match federal funds in the ratio required or as finally fixed and determined by FHWA. 5. The interest of the State in this Project is the acquisition of federal funds for the use and benefit of the City and to authorize such federal funds for the Project pursuant to federal law and regulations. The State shall be the designated agent for the City. 6. The Parties shall perform their responsibilities consistent with this Agreement and any change or modification to the Project will only occur with the mutual written consent of both Parties. Page 2 IGA/JPA 14-0004048-I 7. The federal funds will be used for the scoping and design of the Project. The estimated Project costs are as follows: SZ112 01 D (ADOT Project Management & Design Review(PMDR) Cost, non-federal-aid): PMDR costs* $ 3,000.00 SZ112 03D (scoping/design): Federal-aid funds @ 88.4% (capped) $ 141,450.00 City's match @ 11.6% $ 18,550.00 TOTAL Estimated Project Scoping/Design & PMDR Costs $ 163,000.00 Total Estimated City Funds $ 21,550.00 Total Federal Funds $ 141,450.00 * (Included in the City Estimated Funds) The Parties acknowledge that the final Project design 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 eventual, actual costs exceeding the initial estimate. If the final Project design cost estimate is less than the initial estimate, the difference between the final design cost estimate 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 eventual, actual costs exceeding the estimated Project design cost amount. THEREFORE, in consideration of the mutual Agreements expressed herein, it is agreed as follows: II. SCOPE OF WORK 1. The State will: a. Upon execution of this Agreement, be the designated agent for the City for the Project if the Project t is approved by FHWA and funds for the Project are available. b. Upon execution of this Agreement, and prior to performing or authorizing any work, invoice the City for the initial PMDR costs, currently estimated at $3,000.00 and the City's share of the Project design costs, currently estimated at $18,550.00. If, during the development of the design, additional funding from the City is required, the State will invoice the City in increments of $5,000.00 to cover projected PMDR costs. Once the Project costs have been finalized, the State will either invoice or reimburse the City for the difference between estimated and actual PMDR and design costs. c. Upon receipt of the PMDR costs and the City's estimated share of the Project design costs, On behalf and with consent of the City, contract with one of the State's on-call consultants ("Consultant") to prepare all pertaining documents for the design of the Project; review and approve documents required by FHWA to qualify the Project for and to receive federal funds, incorporating comments from the City as appropriate. Such documents may consist of, but are not specifically limited to, environmental documents, including the preparation of the analysis requirements for documentation of environmental Page 3 IGA/JPA 14-0004048-I categorical exclusion determinations; review of reports, design plans, maps, and specifications; geologic materials testing and analysis; right-of-way requirements and activities and such other related tasks essential to the achievement of the objectives of this Agreement. Issue the right of way clearance after review of the Consultant's right of way submittal. d. Submit all documentation required to FHWA pertaining to the above-mentioned Project with the recommendation that funding be approved for scoping/design. Request the maximum programmed federal funds for the scoping/design of this Project. e. Be granted, without cost requirements, the right to enter City right-of-way as required to conduct any and all pre-construction related activities for said Project, including without limitation, temporary construction easements or temporary rights of entry on to and over said rights-of-way of the City. f. Notify the City that the Project design has been completed and is considered acceptable. De- obligate or otherwise release any remaining federal funds from the scoping/design phase of the Project within ninety(90)days of City acceptance. 2. The City will: a. Upon execution of this Agreement, designate the State as authorized agent for the City. b. Upon execution of this Agreement, and prior to performing or authorizing any work, and within thirty (30) days of receipt of an invoice from the State pay the initial PMDR costs, currently estimated at $3,000.00 and the City's Project design costs, currently estimated at $18,550.00. If, during the development of the design, additional funding to cover PMDR costs is required, pay the invoiced amount to the State within thirty (30) days of receipt. Be responsible for any difference between the estimated and actual PMDR and design costs of the Project. c. Review design plans, specifications and other such documents and services, including scoping/design plans and documents required by FHWA to qualify projects for and to receive federal funds. Provide design review comments to the State as appropriate. d. Be responsible for all costs incurred in performing and accomplishing the work as set forth under this Agreement, not covered by federal funding. Should costs be deemed ineligible or exceed the maximum federal funds available, it is understood and agreed that the City is responsible for these costs, payment for these costs shall be made within thirty(30) days of receipt of an invoice from the State. e. Certify that all necessary rights-of-way have been or will be acquired prior to advertisement for bid and also certify that all obstructions or unauthorized encroachments of whatever nature, either above or below the surface of the Project area, shall be removed from the proposed right-of-way, or will be removed prior to the start of construction, in accordance with The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 as amended; 49 CFR 24.102 Basic Acquisition Policies; 49 CFR 24.4 Assurances, Monitoring and Corrective Action, parts (a) & (b) and ADOT ROW Manual: 8.02 Responsibilities, 8.03 Prime Functions, 9.07 Monitoring Process and 9.08 Certification of Compliance. Coordinate with the appropriate State's Right-of-Way personnel during any right-of-way process performed by the City, if applicable. f. Grant the State, its agents and/or contractors, without cost, the right to enter City rights-of- way, as required, to conduct any and all preconstruction related activities, including without limitation, temporary construction easements or temporary rights of entry to accomplish among other things, soil and foundation investigations. Page 4 IGA/JPA 14-0004048-I g. Be obligated to incur any expenditure should unforeseen conditions or circumstances increase the cost of said work required by a change in the extent of scope of the work requested by the City, such changes require the prior approval of the State and FHWA. Be responsible for any contractor claims for additional compensation caused by Project delays attributable to the City, payment for these costs shall be made within thirty(30) days of receipt of an invoice from the State. h. Pursuant to 23 USC 102(b), repay all federal funds reimbursements for preliminary engineering costs on the Project if it does not advance to right-of-way acquisition or construction within ten (10) years after federal funds were first made available. III. MISCELLANEOUS PROVISIONS 1. The terms, conditions and provisions of this Agreement shall remain in full force and effect until completion of said Project and related deposits or reimbursements. This Agreement may be cancelled at any time prior to the start of the Project design contract, upon thirty (30) days written notice to the other party. It is understood and agreed that, in the event the City terminates this Agreement, the City will be responsible for all costs incurred by the State up to the time of termination. It is further understood and agreed that in the event the City terminates this Agreement, the State shall in no way be obligated to complete said Project. 2. The State assumes no financial obligation or liability under this Agreement, or for any resulting construction Project. The City, in regard to the City's relationship with the State only, assumes full responsibility for the design, plans, specifications, reports, the engineering in connection therewith and the construction of the improvements contemplated, cost over-runs and construction claims. It is understood and agreed that the State's participation is confined solely to securing federal aid on behalf of the City and the fulfillment of any other responsibilities of the State as specifically set forth herein; that any damages arising from carrying out, in any respect, the terms of this Agreement or any modification thereof shall be solely the liability of the City and that to the extent permitted by law, the City hereby agrees to save and hold harmless, defend and indemnify from loss the State, any of its departments, agencies, officers or employees from any and all costs and/or damage incurred by any of the above and from any other damage to any person or property whatsoever, which is caused by any activity, condition, misrepresentation, directives, instruction or event arising out of the performance or non-performance of any provisions of this Agreement by the State, any of its departments, agencies, officers and employees, or its independent contractors, the City, any of its agents, officers and employees, or its independent contractors. Costs incurred by the State, any of its departments, agencies, officers or employees shall include in the event of any action, court costs, and expenses of litigation and attorneys'fees. 3. The cost of scoping and design work under this Agreement is to be covered by the federal funds set aside for this Project, up to the maximum available. The City acknowledges that the eventual actual costs may exceed the maximum available amount of federal funds, or that certain costs may not be accepted by the federal government as eligible for federal funds. Therefore, the City agrees to pay the difference between actual Project costs and the federal funds received. 4. 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. 5. The cost of the project under this Agreement includes applicable indirect costs approved by the FHWA, as applicable. 6. The Parties warrant compliance with the Federal Funding Accountability and Transparency Act of 2006 and associated 2008 Amendments (the "Act"). Additionally, in a timely manner, the City will provide Page 5 IGA/JPA 14-0004048-I information that is requested by the State to enable the State to comply with the requirements of the Act, as may be applicable. 7. 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 17th Ave. Mail Drop 204B Phoenix, AZ 85007 SingIeAudit(cDazdot.gov 8. This Agreement shall become effective upon signing and dating of the Determination Letter by the State's Attorney General. 9. This Agreement may be cancelled in accordance with Arizona Revised Statutes § 38-511. 10. To the extent applicable under law, the provisions set forth in Arizona Revised Statutes §§ 35-214 and 35-215 shall apply to this Agreement. 11. This Agreement is subject to all applicable provisions of the Americans with Disabilities Act (Public Law 101-336, 42 U.S.C. 12101-12213) and all applicable federal regulations under the Act, including 28 CFR Parts 35 and 36. The parties to this Agreement shall comply with Executive Order Number 2009-09 issued by the Governor of the State of Arizona and incorporated herein by reference regarding "Non-Discrimination". 12. Non-Availability of Funds: Every obligation of the State under this Agreement is conditioned upon the availability of funds appropriated or allocated for the fulfillment of such obligations. If funds are not allocated and available for the continuance of this Agreement, this Agreement may be terminated by the State at the end of the period for which the funds are available. No liability shall accrue to the State in the event this provision is exercised, and the State shall not be obligated or liable for any future payments as a result of termination under this paragraph. 13. In the event of any controversy, which may arise out of this Agreement, the Parties hereto agree to abide by required arbitration as is set forth for public works contracts in Arizona Revised Statutes § 12- 1518. 14. The Parties shall comply with the applicable requirements of Arizona Revised Statutes §41-4401. 15. The Parties hereto shall comply with all applicable laws, rules, regulations and ordinances, as may be amended. 16. All notices or demands upon any party to this Agreement shall be in writing and shall be delivered in person or sent by mail, addressed as follows: Arizona Department of Transportation City of Apache Junction Joint Project Administration Attn: Giao Pham, P.E. 205 S. 17th Avenue, Mail Drop 637E 575 E. Baseline Avenue Page 6 IGA/JPA 14-0004048-I Phoenix, Arizona 85007 Apache Junction, Arizona 85119 (602) 712-7124 (480) 982-1055 (602) 712-3132 Fax (480) 982-8005 Fax 17. In accordance with Arizona Revised Statutes § 11-952 (D) attached hereto and incorporated herein is the written determination of each Party's legal counsel and that the Parties are authorized under the laws of this State to enter into this Agreement and that the Agreement is in proper form. IN WITNESS WHEREOF, the Parties have executed this Agreement the day and year first above written. CITY OF APACHE JUNCTION STATE OF ARIZONA Department of Transportation By By JOHN S. INSALACO DALLAS HAMMIT, P.E. Mayor Senior Deputy State Engineer, Development ATTEST: By KATHY CONNELLY City Clerk IGA/JPA 14-0004048-I ATTORNEY APPROVAL FORM FOR THE CITY OF APACHE JUNCTION I have reviewed the above referenced Intergovernmental Agreement between the State of Arizona, acting by and through its DEPARTMENT OF TRANSPORTATION, and the CITY OF APACHE JUNCTION, an agreement among public agencies which, has been reviewed pursuant to Arizona Revised Statutes §§ 11-951 through 11-954 and declare this Agreement to be in proper form and within the powers and authority granted to the City under the laws of the State of Arizona. No opinion is expressed as to the authority of the State to enter into this Agreement. DATED this day of 2014. City Attorney RESOLUTION NO. 14-35 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AUTHORIZING THE CITY TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT WITH ARIZONA DEPARTMENT OF TRANSPORTATION FOR CONGESTION MITIGATION AND AIR QUALITY IMPROVEMENT PROGRAM FUNDS. WHEREAS, A.R. S . § 11-951 et seq. authorizes public agencies to enter into intergovernmental agreements for the provision of services or for joint or cooperative action; and WHEREAS, the purpose of this joint effort is to allow the State to acquire federal funds for the completion of an Intelligent Transportation System Strategic Plan for all current and future traffic signals within the City (the "Project") ; and WHEREAS, the State shall be the designated agent for the City; and WHEREAS, the estimated total scoping and design cost of the Project is $163, 000 . 00, including administration cost, which represents 100o funding; and WHEREAS, Federal-aid funds will contribute $141, 450 . 00 for scoping and design of the Project; and WHEREAS, the required City leftover matching funds for scoping and design of the Project is $21, 550. 00; and WHEREAS, the purpose of this Agreement is to identify and define both the City' s and the State' s respective obligations and responsibilities concerning the installation and maintenance 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 intergovernmental agreement between the City of Apache Junction and the Arizona Department of Transportation ("IGA/JPA 14-0004048-I) and the Mayor is hereby authorized to sign the agreement on behalf of the City. RESOLUTION NO. 14-35 PAGE 1 OF 2 2) Under the terms of IGA/JPA 14-0004048-I, the City will pay for the scoping and design costs associated with the Project . 3) The City Manager and/or his designee is authorized and directed to take all steps necessary to carry out the purpose and intent of this resolution. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS DAY OFF;- -;�( , `� , 2014 . SIGNED AND ATTESTED TO THIS DAY OF ; �?_f rl�� ir._:r 2014 . i` i. O S . INSAL O 1-Mayor ATTEST: KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM: 0- (32 r l� RICHARD J. STERN City Attorney RESOLUTION NO. 14-35 PAGE 2 OF 2 ADOT File No.: IGA/JPA 14-0004048-I AG Contract No.: P001 2014 000xxx Project: ITS Strategic Plan Section: City wide Federal-aid No.: APJ-0(210)T ADOT Project No.: SZ11201D/03D TIP/STIP No.: APJ 15-461 CFDA No.: 20.205-Highway Planning and Construction Budget Source Item No.: n/a INTERGOVERNMENTAL AGREEMENT BETWEEN THE STATE OF ARIZONA AND THE CITY OF APACHE JUNCTION THIS AGREEMENT is entered into this date 2014, pursuant to the Arizona Revised Statutes §§ 11-951 through 11-954, as amended, between the STATE OF ARIZONA, acting by and through its DEPARTMENT OF TRANSPORTATION(the"State" or"ADOT") and the CITY OF APACHE JUNCTION, acting by and through its MAYOR and CITY COUNCIL (the "City"). The State and the City are collectively referred to as"Parties." I. RECITALS 1. The State is empowered by Arizona Revised Statutes § 28-401 to enter into this Agreement and has delegated to the undersigned the authority to execute this Agreement on behalf of the State. 2. The City is empowered by Arizona Revised Statutes § 48-572 to enter into this Agreement and has by resolution, a copy of which is attached hereto and made a part hereof, resolved to enter into this Agreement and has authorized the undersigned to execute this Agreement on behalf of the City. 3. The work proposed under this Agreement consists of completing an ITS Strategic Plan for all current and future traffic signals within the City, hereinafter referred to as the "Project". The State will administer the scoping and design of the Project. The plans, estimates and specifications for the Project will be prepared and, as required, submitted to the Federal Highway Administration (FHWA)for approval. 4. The City, in order to obtain federal funds for the scoping and design of the Project, is willing to provide City funds to match federal funds in the ratio required or as finally fixed and determined by FHWA. 5. The interest of the State in this Project is the acquisition of federal funds for the use and benefit of the City and to authorize such federal funds for the Project pursuant to federal law and regulations. The State shall be the designated agent for the City. 6. The Parties shall perform their responsibilities consistent with this Agreement and any change or modification to the Project will only occur with the mutual written consent of both Parties. Page 2 IGA/JPA 14-0004048-I 7. The federal funds will be used for the scoping and design of the Project. The estimated Project costs are as follows: SZ112 01 D(ADOT Proiect Management& Design Review(PMDR) Cost, non-federal-aid): PMDR costs" $ 3,000.00 SZ112 03D(scoping/design): Federal-aid funds @ 88.4% (capped) $ 141,450.00 City's match @ 11.6% $ 18,550.00 TOTAL Estimated Project Scoping/Design & PMDR Costs $ 163,000.00 Total Estimated City Funds $ 21,550.00 Total Federal Funds $ 141,450.00 " (Included in the City Estimated Funds) The Parties acknowledge that the final Project design 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 eventual, actual costs exceeding the initial estimate. If the final Project design cost estimate is less than the initial estimate, the difference between the final design cost estimate 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 eventual, actual costs exceeding the estimated Project design cost amount. THEREFORE, in consideration of the mutual Agreements expressed herein, it is agreed as follows: ll. SCOPE OF WORK 1. The State will: a. Upon execution of this Agreement, be the designated agent for the City for the Project if the Project t is approved by FHWA and funds for the Project are available. b. Upon execution of this Agreement, and prior to performing or authorizing any work, invoice the City for the initial PMDR costs, currently estimated at $3,000.00 and the City's share of the Project design costs, currently estimated at $18,550.00. If, during the development of the design, additional funding from the City is required, the State will invoice the City in increments of $5,000.00 to cover projected PMDR costs. Once the Project costs have been finalized, the State will either invoice or reimburse the City for the difference between estimated and actual PMDR and design costs. c. Upon receipt of the PMDR costs and the City's estimated share of the Project design costs, On behalf and with consent of the City, contract with one of the State's on-call consultants ("Consultant") to prepare all pertaining documents for the design of the Project; review and approve documents required by FHWA to qualify the Project for and to receive federal funds, incorporating comments from the City as appropriate. Such documents may consist of, but are not specifically limited to, environmental documents, including the preparation of the analysis requirements for documentation of environmental Page 3 IGA/JPA 14-0004048-I categorical exclusion determinations; review of reports, design plans, maps, and specifications; geologic materials testing and analysis; right-of-way requirements and activities and such other related tasks essential to the achievement of the objectives of this Agreement. Issue the right of way clearance after review of the Consultant's right of way submittal. d. Submit all documentation required to FHWA pertaining to the above-mentioned Project with the recommendation that funding be approved for scoping/design. Request the maximum programmed federal funds for the scoping/design of this Project. e. Be granted, without cost requirements, the right to enter City right-of-way as required to conduct any and all pre-construction related activities for said Project, including without limitation, temporary construction easements or temporary rights of entry on to and over said rights-of-way of the City. f. Notify the City that the Project design has been completed and is considered acceptable. De- obligate or otherwise release any remaining federal funds from the scoping/design phase of the Project within ninety(90) days of City acceptance. 2. The City will: a. Upon execution of this Agreement, designate the State as authorized agent for the City. b. Upon execution of this Agreement, and prior to performing or authorizing any work, and within thirty (30) days of receipt of an invoice from the State pay the initial PMDR costs, currently estimated at $3,000.00 and the City's Project design costs, currently estimated at $18,550.00. If, during the development of the design, additional funding to cover PMDR costs is required, pay the invoiced amount to the State within thirty (30) days of receipt. Be responsible for any difference between the estimated and actual PMDR and design costs of the Project. c. Review design plans, specifications and other such documents and services, including scoping/design plans and documents required by FHWA to qualify projects for and to receive federal funds. Provide design review comments to the State as appropriate. d. Be responsible for all costs incurred in performing and accomplishing the work as set forth under this Agreement, not covered by federal funding. Should costs be deemed ineligible or exceed the maximum federal funds available, it is understood and agreed that the City is responsible for these costs, payment for these costs shall be made within thirty(30) days of receipt of an invoice from the State. e. Certify that all necessary rights-of-way have been or will be acquired prior to advertisement for bid and also certify that all obstructions or unauthorized encroachments of whatever nature, either above or below the surface of the Project area, shall be removed from the proposed right-of-way, or will be removed prior to the start of construction, in accordance with The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 as amended; 49 CFR 24.102 Basic Acquisition Policies; 49 CFR 24.4 Assurances, Monitoring and Corrective Action, parts (a) & (b) and ADOT ROW Manual: 8.02 Responsibilities, 8.03 Prime Functions, 9.07 Monitoring Process and 9.08 Certification of Compliance. Coordinate with the appropriate State's Right-of-Way personnel during any right-of-way process performed by the City, if applicable. f. Grant the State, its agents and/or contractors, without cost, the right to enter City rights-of- way, as required, to conduct any and all preconstruction related activities, including without limitation, temporary construction easements or temporary rights of entry to accomplish among other things, soil and foundation investigations. Page 4 IGA/JPA 14-0004048-I g. Be obligated to incur any expenditure should unforeseen conditions or circumstances increase the cost of said work required by a change in the extent of scope of the work requested by the City, such changes require the prior approval of the State and FHWA. Be responsible for any contractor claims for additional compensation caused by Project delays attributable to the City, payment for these costs shall be made within thirty(30) days of receipt of an invoice from the State. h. Pursuant to 23 USC 102(b), repay all federal funds reimbursements for preliminary engineering costs on the Project if it does not advance to right-of-way acquisition or construction within ten (10)years after federal funds were first made available. III. MISCELLANEOUS PROVISIONS 1. The terms, conditions and provisions of this Agreement shall remain in full force and effect until completion of said Project and related deposits or reimbursements. This Agreement may be cancelled at any time prior to the start of the Project design contract, upon thirty (30) days written notice to the other party. It is understood and agreed that, in the event the City terminates this Agreement, the City will be responsible for all costs incurred by the State up to the time of termination. It is further understood and agreed that in the event the City terminates this Agreement, the State shall in no way be obligated to complete said Project. 2. The State assumes no financial obligation or liability under this Agreement, or for any resulting construction Project. The City, in regard to the City's relationship with the State only, assumes full responsibility for the design, plans, specifications, reports, the engineering in connection therewith and the construction of the improvements contemplated, cost over-runs and construction claims. It is understood and agreed that the State's participation is confined solely to securing federal aid on behalf of the City and the fulfillment of any other responsibilities of the State as specifically set forth herein; that any damages arising from carrying out, in any respect, the terms of this Agreement or any modification thereof shall be solely the liability of the City and that to the extent permitted by law, the City hereby agrees to save and hold harmless, defend and indemnify from loss the State, any of its departments, agencies, officers or employees from any and all costs and/or damage incurred by any of the above and from any other damage to any person or property whatsoever, which is caused by any activity, condition, misrepresentation, directives, instruction or event arising out of the performance or non-performance of any provisions of this Agreement by the State, any of its departments, agencies, officers and employees, or its independent contractors, the City, any of its agents, officers and employees, or its independent contractors. Costs incurred by the State, any of its departments, agencies, officers or employees shall include in the event of any action, court costs, and expenses of litigation and attorneys'fees. 3. The cost of scoping and design work under this Agreement is to be covered by the federal funds set aside for this Project, up to the maximum available. The City acknowledges that the eventual actual costs may exceed the maximum available amount of federal funds, or that certain costs may not be accepted by the federal government as eligible for federal funds. Therefore, the City agrees to pay the difference between actual Project costs and the federal funds received. 4. 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. 5. The cost of the project under this Agreement includes applicable indirect costs approved by the FHWA, as applicable. 6. The Parties warrant compliance with the Federal Funding Accountability and Transparency Act of 2006 and associated 2008 Amendments (the"Act"). Additionally, in a timely manner, the City will provide Page 5 IGA/JPA 14-0004048-1 information that is requested by the State to enable the State to comply with the requirements of the Act, as may be applicable. 7. 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 17'h Ave. Mail Drop 204B Phoenix, AZ 85007 SingleAuditCaaazdot.gov 8. This Agreement shall become effective upon signing and dating of the Determination Letter by the State's Attorney General. 9. This Agreement may be cancelled in accordance with Arizona Revised Statutes§ 38-511. 10. To the extent applicable under law, the provisions set forth in Arizona Revised Statutes §§ 35-214 and 35-215 shall apply to this Agreement. 11. This Agreement is subject to all applicable provisions of the Americans with Disabilities Act (Public Law 101-336, 42 U.S.C. 12101-12213) and all applicable federal regulations under the Act, including 28 CFR Parts 35 and 36. The parties to this Agreement shall comply with Executive Order Number 2009-09 issued by the Governor of the State of Arizona and incorporated herein by reference regarding"Non-Discrimination". 12. Non-Availability of Funds: Every obligation of the State under this Agreement is conditioned upon the availability of funds appropriated or allocated for the fulfillment of such obligations. If funds are not allocated and available for the continuance of this Agreement, this Agreement may be terminated by the State at the end of the period for which the funds are available. No liability shall accrue to the State in the event this provision is exercised, and the State shall not be obligated or liable for any future payments as a result of termination under this paragraph. 13. In the event of any controversy, which may arise out of this Agreement, the Parties hereto agree to abide by required arbitration as is set forth for public works contracts in Arizona Revised Statutes§ 12- 1518. 14. The Parties shall comply with the applicable requirements of Arizona Revised Statutes§41-4401. 15. The Parties hereto shall comply with all applicable laws, rules, regulations and ordinances, as may be amended. 16. All notices or demands upon any party to this Agreement shall be in writing and shall be delivered in person or sent by mail, addressed as follows: Arizona Department of Transportation City of Apache Junction Joint Project Administration Attn: Giao Pham, P.E. 205 S. 17`h Avenue, Mail Drop 637E 575 E. Baseline Avenue IGA/JPA 14-0004048-I ATTORNEY APPROVAL FORM FOR THE CITY OF APACHE JUNCTION I have reviewed the above referenced Intergovernmental Agreement between the State of Arizona, acting by and through its DEPARTMENT OF TRANSPORTATION, and the CITY OF APACHE JUNCTION, an agreement among public agencies which, has been reviewed pursuant to Arizona Revised Statutes §§ 11-951 through 11-954 and declare this Agreement to be in proper form and within the powers and authority granted to the City under the laws of the State of Arizona. No opinion is expressed as to the authority of the State to enter into this Agreement. DATED this day of 2014. City Attorney ►P�"E�c�, City of Apache Junction, Arizona 300 E Superstition Boulevard z Agenda Item Cover Sheet Apache Junction,AZ _ 85119 • Agenda Item No. 5. �Piz File ID: 14-385 Sponsor: Roger Hacker Agenda Date: 9/2/2014 Index: In Control: City Council Meeting Presentation of checks to Mayor John Insalaco and Police Chief Thomas E. Kelly by representatives of VFW Post 7968 and Superstition Mountain VFW Post 9399 for the purchase of uniforms for the Apache Junction Police Department's Honor Guard. Presentation. Currently, the Apache Junction Police Department does not have an active Honor Guard due to not having the ceremonial dress uniforms associated with that unit. The Honor Guard plays a significant role in the community as it is utilized for various ceremonies throughout the year such as fallen officer functions, annual police memorials, award ceremonies, Armed Service functions as requested and other civic events. Chief of Police Kelly has made it a priority to reinstitute and professionalize this unit for Apache Junction. City of Apache Junction,Arizona Page 1 Printed on 611512026 ►P�"E�c�, City of Apache Junction, Arizona 300 E Superstition Boulevard � 0 Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No.6. '+PizoN* File ID: 14-409 Sponsor: John Insalaco Agenda Date: 9/2/2014 Index: In Control: City Council Meeting Proclamation designating September 22 through September 26, 2014 as National Guard and Reserve Week. Volunteer Ed Mangon will be in attendance to receive the proclamation. Presentation. City of Apache Junction,Arizona Page 1 Printed on 611512026 Janet Mason From: Titus, Krista L CTR NG AZARNG (US) <krista.l.titus.ctr@mail.mil> Sent: Thursday, June 19, 2014 1:38 PM To: Webmail City Clerk Subject: Proclamation request (UNCLASSIFIED) Attachments: PROCLAMATION 2014.docx Classification: UNCLASSIFIED Caveats: NONE We are requesting this proclamation and if approved, we would like to have a representative at the council meeting to accept the proclamation before September 26th. Below you will find a bit about who we are and what we do and I have also attached a sample/template of the proclamation we are requesting. Please let me know if you have any questions. ESGR, a Department of Defense agency, was established in 1972 to promote cooperation and understanding between Reserve Component Service members and their civilian employers and to assist in the resolution of conflicts arising from an employee's military commitment. ESGR is supported by a network of more than 4,900 volunteers in 54 committees located across all 50 states, the District of Columbia, Guam-CNMI, Puerto Rico and the U.S.Virgin Islands.Volunteers, hailing from small business and industry, government, education and prior military service bring a vast wealth of experience to assist in serving employers, service members and their families.Together with Headquarters ESGR staff and a small cadre of support staff for each State Committee,volunteers work to promote and enhance employer support for military service in the Guard and Reserve. ESGR has served our country for more than 40 years, fostering a culture in which all employers support and value the employment and military service of members of the National Guard and Reserve in the United States. These citizen warriors could not defend and protect us at home and abroad without the continued promise of meaningful civilian employment for themselves and their families. ESGR has continued to adapt to meet the needs of Reserve Component members,their families and America's employers by joining forces with a network. During the week of September 22-26, 2014 the Top 15 employers from across the country will be nationally recognized by the Secretary of Defense. We would like to declare this week as Employer Support of the Guard and Reserve Week in support of these outstanding employers. Krista Titus Administrative Support Technician Arizona Office for Employer Support of the Guard and Reserve. Commercial: 602-629-4387 Fax: 602-629-4483 Email: krista.l.titus.ctr@mail.mil Web Site: www.esgr.mil/AZ Address: 5636 E. McDowell Rd. Phoenix, AZ 85008-3495 Like us on Facebook @ AZ ESGR and follow us on Twitter @AZ_ESGR Employer Support of the Guard and Reserve is a Department of Defense agency established in 1972 to develop and maintain employer support for Guard and Reserve Service. ESGR advocates relevant initiatives, recognizes outstanding support, increases awareness of applicable laws, and resolves conflict between service members and employers. Paramount to ESGR's mission is encouraging employment of Guardsmen and Reservists who bring integrity, global perspective and proven leadership to the civilian workforce. Connect to careers and talent at www.h2h.jobs CONFIDENTIALITY NOTICE: This e-mail message, including attachments, may contain information that is protected by the DoD Privacy Act.This email transmission is intended solely for the addressee(s). If you are not the intended recipient,you are hereby notified that you are not authorized to read, print, copy, disclose, distribute,or use this message, any part of it,or any attachments. If you received this message in error, please immediately notify the sender by telephone or return email and delete this message and any attachments from your system without reading or saving in any manner. You can obtain additional information about the DoD Privacy Act at http://www.defenselink.mil/privacy/ Thankyou. Classification: UNCLASSIFIED Caveats: NONE 2 ipr cl att n NATIONAL GUARD AND RESER`'E WEEK SEPTEMBER 22 THROUGH SEPTEMBER 26, 2014 WHEREAS, National Guard and Reserve forces comprise nearly half of our nation's military strength,and are essential to America's national security. Reserve Component forces stand ready to answer the call to serve,whether serving alongside active duty counterparts all across the globe or responding to humanitarian crises at home and abroad; and WHEREAS, employers provide critical support to members off the National Guard and Reserve; allowing Citizen Warriors to serve whenever the Nation calls, often foregoing financial gain and making sacrifices in the process; and WHEREAS, employer support is stronger than ever, more than 42 years after President Richard Nixon authorized the Secretary of Defense to establish the National Committee for Employer Support of the Guard and Reserve (ESGR); and WHEREAS, our nation is in debt to the Citizen Warriors departing the comforts of home to ensure our freedoms remain intact. Likewise, America pays special tribute to the commitment of dedicated and supportive employers who continue to make sere ice in the Reserve Components possible; NOW,THEREFORE,1,John Insalaco,by virtue oaf the autborify vested in me as Mayor of the City of Apacbe Junction,Arizona,do hereby proclaim the week of September 22 through 26 to be NATIONAL GUARD AND RESERVE WEEK in Apache Junction, and ask our citizens to recognize the National Guard and Reserve. IN WITNESS WHEREOF,I have hereunto set my hand argd caused the Seal of Apache Junction to be affixed the n day of ^2014. OHN INS.A AO Mavor ATTEST: KATHLLEN CONNELLY City Clerk ►P�"E�c�, City of Apache Junction, Arizona 300 E Superstition Boulevard � 0 Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No. 7. '+PizoN* File ID: 14-410 Sponsor: John Insalaco Agenda Date: 9/2/2014 Index: In Control: City Council Meeting Proclamation designating October 5 through October 12, 2014 as A Week Without Violence. A Week Without Violence is a community advocacy event empowering children and families to promote a culture of peace and nonviolence making the community a better place for all. Presentation. City of Apache Junction,Arizona Page 1 Printed on 611512026 Suzanne Heninger From: Ruth Tan Lim <milnat07@yahoo.com> Sent: Wednesday, August 13, 2014 6:23 PM To: Webmail City Clerk Subject: From Dr. Ruth Lim - requesting your support and leadership Attachments: ApacheJunction Cove rLetter.doc; AJProclamation[1].doc Greetings Mayor Insalaco: I am volunteer Chair for the 2014 Week Without Violence October 5-12 On behalf of the 2014 Week Without Task Force, we appreciate your leadership and vision for a better community. Last year we received a proclamation from you. We need your support again this year for proclamation for the Week Without Violence which is October 5th-12th . This is a community advocacy event empowering children and families to promote a culture of peace and nonviolence making the community a better place for all. We work for positive societal change. Children's Benefit Foundation is taking leadership and prmoting this event. There are several activites during the week. Your proclamation will be shared at the Judging event on Sept 13th and displayed at celebrate peace event October 12th and also at the Mesa community College Library where the winning posters and poetry will be displyaed. Looking forward to your support. We appreciate your leadership. Please mail your proclamation to: CBF Inc, Attention Ruth T. Lim MD 2058 South Dobson Road Suite 6 Mesa, AZ 85202 Let me know if you have any questions. Have a COOL Week. Thanks Ruth T. Lim MD 480-820-4507 (0) Volunteer Chair 2014 WWV TF i 10 10 r r t A WEEK WITHOUT VIOLENCE OCTOBER 5-12,2014 WHEREAS, The Children's Benefit Foundation, a 501 C (3)organization, makes substantial contributions to the future of America's children, our voters, workers,and citizens of tomorrow. Promoting a C.O.O.L. (choice of optimum lifestyle) and a G.O.O.D. (get off of Drugs, Drinking, Danger and Debt) lifestyle; and WHEREAS, excellence in wellness and good health is dependent on a safe and healthy environment in the home and in the community; and WHEREAS, the safety and well-being of everyone's lives are unnecessarily jeopardized by crime and violence in the form of gangs, spousal and child abuse, drug and alcohol abuse,vandalism,and school shootings in our growing communities; and WHEREAS, it is our responsibility as residents of the City of Apache Junction to support each other in advocating nonviolence and securing a future of our children and safe families;and WHEREAS, all citizens respectfully should view violence as one our nation's biggest challenges and look for a solution to end the violence;and WHEREAS, numerous businesses,schools,national programs and organizations around the world are among those creating answers; and WHEREAS, the observance of"A WEEK WITHOUT VIOLENCE"will create awareness,educate and strengthen the message that we can substantially promote all of our state and nation to join us in our campaign advocating nonviolence and make a solemn commitment to end the violence, promote peace, and make our community a safer place to live. NOW,THEREFORE,I,John S. Insalaco,Mayor of the City of Apache Junction, Arizona, do hereby proclaim October 5-12,2014 as A WEEK WITHOUT VIOLENCE in the City of Apache Junction, Arizona. .14 Signed and attested to this day of /--1( &--".S-r,-2014. LAZLIZ G L� J HN S. INSALACO ayor ATTEST: -L KATHtn=NNtLLY City Clerk ►P�"E�c�, City of Apache Junction, Arizona 300 E Superstition Boulevard = Agenda Item Cover Sheet Apache Junction,AZ _ 85119 Agenda Item No.8. Piz File ID: 14-355 Sponsor: Bryant Powell Agenda Date: 9/2/2014 Index: In Control: City Council Meeting City manager's report. Presentation. City of Apache Junction,Arizona Page 1 Printed on 611512026 ►P�"E�c�, City of Apache Junction, Arizona 300 E Superstition Boulevard = Agenda Item Cover Sheet Apache Junction,AZ _ 85119 Agenda Item No. 9. Piz File ID: 14-402 Sponsor: Bryant Powell Agenda Date: 9/2/2014 Index: In Control: City Council Meeting Bryant Powell, Assistant City Manager, will introduce Larry Kirch, new city of Apache Junction Development Services Director. Presentation and discussion. City of Apache Junction,Arizona Page 1 Printed on 611512026 ►P�"E�c�, City of Apache Junction, Arizona 300 E Superstition Boulevard = Agenda Item Cover Sheet Apache Junction,AZ _ 85119 Agenda Item No. 10. Piz File ID: 14-386 Sponsor: Bryant Powell Agenda Date: 9/2/2014 Index: In Control: City Council Meeting Presentation by and discussion with Dr. Chad Wilson, Superintendent of Schools, Apache Junction Unified School District, regarding the facts of the override. Presentation and discussion. City of Apache Junction,Arizona Page 1 Printed on 611512026 ►P�"E�c�, City of Apache Junction, Arizona 300 E Superstition Boulevard o Agenda Item Cover Sheet Apache Junction,AZ U =i 85119 Agenda Item No. 11. �Piz oN* File ID: 14-419 Sponsor: Emile Schmid Agenda Date: 9/2/2014 Index: In Control: City Council Meeting Consideration of proposed Resolution No. 14-26, declaring that portions of public roadway easements located on Fourteenth Avenue from Wagon Wheel Road to Goldfield Road, and described in extinguishment case EX-14-26, are no longer necessary for public use as public roadway easements and are hereby extinguished as present and future public right-of-way; and authorizing acceptance of dedication of public right-of-way fronting 1470 South Goldfield Road. Staff respectfully requests approval of this item. Consideration and action. City of Apache Junction,Arizona Page 1 Printed on 611512026 �PQpCNFt/ y Public Works Department ti U 2 Home of the Superstition Mountains q Hf ZONP Date: August 6, 2014 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: Extinguishment of Federal Patent Easements 14th Avenue from Wagon Wheel Road to Goldfield Road Proposed Resolution No. 14-26 Federal Patent Easements (FPEs) are one means whereby property is accessed by our citizens in portions of Apache Junction. FPEs were established as a means to provide public roadway access to Federal Patent parcels, and to mitigate the need of local government to acquire right- of-way to provide access to otherwise landlocked parcels. FPEs are typically a total of 66 feet in width with 33 feet on each side of common parcel lines. 14th Avenue from Wagon Wheel Road to Goldfield Road has never been opened for public use or maintained by the City. The road is classified as a local roadway. In addition, the FPEs do not provide access to any parcels which would be landlocked in the event of extinguishment. Area transportation would not be adversely affected by an extinguishment of these portions of roadway easements. William and Penny Collins filed an application for the extinguishment of the above mentioned portions of roadway easements on December 161h, 2013. The application included a support petition signed by the adjacent property owners, who support the extinguishment petition. The property owners desire the use of the 33 feet for reduction of setbacks and to allow site improvements to proceed. 575 E. Baseline Avenue, Apache Junction, AZ 85119 • Voice (480) 982-1055 4 Fax (480) 982-8005 RESOLUTION NO. 14-26 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, DECLARING THAT PORTIONS OF PUBLIC ROADWAY EASEMENTS LOCATED ON 14TH AVENUE FROM WAGON WHEEL ROAD TO GOLDFIELD ROAD, AND DESCRIBED IN EXTINGUISHMENT CASE EX-14-26, ARE NO LONGER NECESSARY FOR PUBLIC USE AS PUBLIC ROADWAY EASEMENTS AND ARE HEREBY EXTINGUISHED AS PRESENT AND FUTURE PUBLIC RIGHT-OF-WAY; AND AUTHORIZING ACCEPTANCE OF DEDICATION OF PUBLIC RIGHT-OF-WAY FRONTING 1470 SOUTH GOLDFIELD ROAD. WHEREAS, the City of Apache Junction, upon incorporation became the holder of federally patented easements ("FPE"s) as described in Exhibit A and depicted in Exhibit B, for public roadway purposes; and WHEREAS, such easements may be extinguished by local municipalities pursuant to A.R. S . §§ 9-500 . 24 and 28-7214; and WHEREAS, on December 16, 2013, the "Applicant", paid the required non-refundable application and filing fee for the extinguishment request pursuant to Apache Junction City Code § 13-2-4 (H) ; and WHEREAS, pursuant to Apache Junction City Code § 13-2-4, the Director of Public Works on December 16, 2013, submitted copies of the application for comment to the Development Services Director, the Public Safety Director, the Superstition Fire and Medical District, as well as affected public utility providers; and WHEREAS, no opposition statements were received from Salt River Project, Arizona Water Company, Superstition Mountains Community Facilities District No. 1, Centurylink, Southwest Gas, the Development Services Director, and the Public Safety Director; and WHEREAS, in exchange for the easement extinguishment, the Applicant has agreed to dedicate by warranty deed needed public right-of-way fronting 1470 South Goldfield Road as depicted and described in Exhibit C; and RESOLUTION NO. 14-26 PAGE 1 OF 8 WHEREAS, the extinguishment request, if approved, would not leave a parcel in separate ownership without access to an established public roadway or easement connecting such lands with another public roadway or easement; and WHEREAS, the City Engineer has determined that the value of the land being dedicated exceeds the value of the easements in question. 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 of the City of Apache Junction find that the roadway easements described in Exhibit A, and depicted in Exhibit B, are classified as local streets on the Street Classification Plan and are no longer necessary for roadway purposes, have no or de minimis public value, and are hereby extinguished for public roadway right-of-way purposes . 2 . The City Engineer is authorized to accept the Warranty Deeds dedicating as public right-of-way the land identified in Exhibit C. 3 . Nothing in this approval extinguishes any utility easement interest of any public utility agency or entity on the subject street right-of-way. 4 . As a condition of processing the extinguishments of the FPEs under this resolution, the Applicant will sign the warranty deed dedicating the pertinent public right-of-way. Once the warranty deed has been received, the City shall reocord the warranty deed and this resolution. RESOLUTION NO. 14-26 PAGE 2 OF 8 PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS DAY OF , 2014 . SIGNED AND ATTESTED TO THIS DAY OF 2014 . JOHN S . INSALACO Mayor ATTEST: KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM: RICHARD J. STERN City Attorney RESOLUTION NO. 14-26 PAGE 3 OF 8 EXHIBIT A PARCEL 1 (Adjacent to parcel 103-18-052B) The South thirty-three feet (33' ) of the Southeast of the Northeast quarter of the Southeast quarter of the Northeast quarter of Section 27, Township 1 North, Range 8 East of the Gila and Salt River Base and Meridian, Pinal County, Arizona; EXCEPT the West thirty three feet (33' ) and East fifty feet (50' ) THEREOF; PARCEL 2 (Adjacent to parcel 103-18-053A) The North thirty-three feet (33' ) of the Northeast of the Southeast quarter of the Southeast quarter of the Northeast quarter of Section 27, Township 1 North, Range 8 East of the Gila and Salt River Base and Meridian, Pinal County, Arizona; EXCEPT the West thirty three feet (33' ) and the East thirty three feet (33' ) THEREOF; PARCEL 3 (Adjacent to parcel 103-18-053A) The East thirty three fieet (33' ) of the North half of the Northeast of the Southeast quarter of the Southeast quarter of the Northeast quarter of Section 27, Township 1 North, Range 8 East of the Gila and Salt River Base and Meridian, Pinal County, Arizona. RESOLUTION NO. 14-26 PAGE 4 OF 8 EXHIBIT "B" I I I I I I I I I I 13TH AVENUE 0 I I I 1 Q 1 I I0� I 052A I I 10 I I , I 051 B 051 A I I I I C I I I 1 1 1 1 1 1 1 052B - - - - � L - - - - � 96-443 50' 14TH AVENUE F - - - - -1 F 819-535 50' I I I I I I w I , 053A w 0 J z 054B 054A LL 0 I I I I OI I I zj I 053F JO I I 1 = 1 10 1 CD 15TH AVENUE kX I I I I I I I I I I LEGEND 33'3, PROPOSED EXTINGUISHMENT - - - -1 - - DEDICATED RIGHT-OF-WAY 33' 33 PROPOSED RIGHT—OF—WAY — — — — — — ROAD CENTERLINE TYPICAL FPE/ROW DIMENSION - - FEDERAL PATENT EASEMENT (UNLESS OTHERWISE NOTED) PROPERTY LINE 119-086 PATENT DEED(S) un H RESOLUTION NO. 14-26 z EXHIBIT "C" For tax Purposes: EXEMPT PER A.R.S. § 11-1134.A.3 When recorded, mail to: City of Apache Junction Public Works/Engineering 575 East Baseline Ave. Apache Junction, AZ 85119 WARRANTY DEED For and in consideration of the sum of Ten and no/100 dollars ($10.00) and other good and valuable consideration, the receipt of which is hereby acknowledged, I/we William Collins and Penny Collins ("Grantor") Do hereby convey to THE CITY OF APACHE JUNCTION, a Municipal Corporation of the State of Arizona, the real property situated in Pinal County,Arizona, described below and depicted in Exhibit "A"attached hereto and incorporated by reference herein: See Exhibit A attached hereto and made a part hereof. Subject to current taxes, assessments,reservation in patents and all easements,rights-of-way, encumbrances, liens, covenants, conditions,restrictions, obligations, liabilities and all other matters affecting title as may appear of record. The undersigned hereby warrants the title against all persons whomsoever, subject to the matters above set forth. Dated the day of , 2014 By: William Collins Dated the day of , 2014 By: Penny Collins STATE OF ) ss. COUNTY OF ) Subscribed and sworn to before me this day of 2014, by My Commission Expires: Notary Public EXHIBIT A RIGHT-OF-WAY DEDICATION (A portion of APN 103-18-053A) The East 50 . 00 feet of the North half of the Northeast quarter of the Southeast quarter of the Southeast quarter of the Northeast quarter of Section 27, Township 1 North, Range 8 East of the Gila and Salt River Base and Meridian, Pinal County, Arizona. �ICA.� 21773 O JAMES A. � :m .g� d...•..*. ZONA0 3 EXHIBIT B N NOT TO SCALE i i 051 A 052B , o a o 14th AVE �. . . . . . . . . . . . . . . . . . . . . 0' 053A r 054A . . . . . . . . . . . . 5 0' o W � o / J 053D/ 053F 053E _ . . .i . . . . . . . . . . . . . . . . . . . . . . . . . . . 053G 052B 0 \FICATF 21773 d O JAMES A. a HEWITTO^; 053A ASSESSOR'S PARCEL NUMBER I/r.: P - ROAD CENTERLINE 2�NA U•S• �h RIGHT-OF-WAY DEDICATION JOB NO. 14-0504 RESOLUTION NO. 14-26 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, DECLARING THAT PORTIONS OF PUBLIC ROADWAY EASEMENTS LOCATED ON 14TH AVENUE FROM WAGON WHEEL ROAD TO GOLDFIELD ROAD, AND DESCRIBED IN EXTINGUISHMENT CASE EX-14-26, ARE NO LONGER NECESSARY FOR PUBLIC USE AS PUBLIC ROADWAY EASEMENTS AND ARE HEREBY EXTINGUISHED AS PRESENT AND FUTURE PUBLIC RIGHT-OF-WAY; AND AUTHORIZING ACCEPTANCE OF DEDICATION OF PUBLIC RIGHT-OF-WAY FRONTING 1470 SOUTH GOLDFIELD ROAD. WHEREAS, the City of Apache Junction, upon incorporation became the holder of federally patented easements ( "FPE"s) as described in Exhibit A and depicted in Exhibit B, for public roadway purposes; and WHEREAS, such easements may be extinguished by local municipalities pursuant to A.R.S . §§ 9-500 . 24 and 28-7214 ; and WHEREAS, on December 16 , 2013, the "Applicant" , paid the required non-refundable application and filing fee for the extinguishment request pursuant to Apache Junction City Code § 13-2-4 (H) ; and WHEREAS, pursuant to Apache Junction City Code § 13-2-4, the Director of Public Works on December 16 , 2013, submitted copies of the application for comment to the Development Services Director, the Public Safety Director, the Superstition Fire and Medical District, as well as affected public utility providers; and WHEREAS, no opposition statements were received from Salt River Project, Arizona Water Company, Superstition Mountains Community Facilities District No. 1, Centurylink, Southwest Gas, the Development Services Director, and the Public Safety Director; and WHEREAS, in exchange for the easement extinguishment, the Applicant has agreed to dedicate by warranty deed needed public right-of-way fronting 1470 South Goldfield Road as depicted and described in Exhibit C; and RESOLUTION NO. 14-26 PAGE 1 OF 8 WHEREAS, the extinguishment request, if approved, would not leave a parcel in separate ownership without access to an established public roadway or easement connecting such lands with another public roadway or easement; and WHEREAS, the City Engineer has determined that the value of the land being dedicated exceeds the value of the easements in question. 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 of the City of Apache Junction find that the roadway easements described in Exhibit A, and depicted in Exhibit B, are classified as local streets on the Street Classification Plan and are no longer necessary for roadway purposes, have no or de minimis public value, and are hereby extinguished for public roadway right-of-way purposes . 2 . The City Engineer is authorized to accept the Warranty Deeds dedicating as public right-of-way the land identified in Exhibit C. 3 . Nothing in this approval extinguishes any utility easement interest of any public utility agency or entity on the subject street right-of-way. 4 . As a condition of processing the extinguishments of the FPEs under this resolution, the Applicant will sign the warranty deed dedicating the pertinent public right-of-way. Once the warranty deed has been received, the City shall reocord the warranty deed and this resolution. RESOLUTION NO. 14-26 PAGE 2 OF 8 PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS DAY OF ,: -yr F;;r• h.', 2014 . SIGNED AND ATTESTED TO THIS DAY OF `r�;;,%, ;:r Ii 2014 . A N S . INS LACO ayor ATTEST: KATHLEEN CONNELLY ' City Clerk APPROVED AS TO FORM: l RICHARD J. STERN City Attorney RESOLUTION NO. 14-26 PAGE 3 OF 8 EXHIBIT A PARCEL 1 (Adjacent to parcel 103-18-052B) The South thirty-three feet (33' ) of the Southeast of the Northeast quarter of the Southeast quarter of the Northeast quarter of Section 27, Township 1 North, Range 8 East of the Gila and Salt River Base and Meridian, Pinal County, Arizona; EXCEPT the West thirty three feet (33 ' ) and East fifty feet (50' ) THEREOF; PARCEL 2 (Adjacent to parcel 103-18-053A) The North thirty-three feet (33' ) of the Northeast of the Southeast quarter of the Southeast quarter of the Northeast quarter of Section 27, Township 1 North, Range 8 East of the Gila and Salt River Base and Meridian, Pinal County, Arizona; EXCEPT the West thirty three feet (33' ) and the East thirty three feet (33 ' ) THEREOF; PARCEL 3 (Adjacent to parcel 103-18-053A) The East thirty three fieet (331 ) of the North half of the Northeast of the Southeast quarter of the Southeast quarter of the Northeast quarter of Section 27, Township 1 North, Range 8 East of the Gila and Salt River Base and Meridian, Pinal County, Arizona. RESOLUTION NO. 14-26 PAGE 4 OF 8 EXHIBIT "B" I I I I I I II I II I II I II 13TH J � AVENUE J � 0 - - - - � - - - - � Q F - - 00 ' 0 ' 052A I I 10 051 B 051 A I C I I I I I I 052B I J L - - - - J L 196-44 50 14TH AVENUE - - - - -1 F - - - - � 1 - 50 I I I I I u' I 053A w J Z 054B 054A u- 0 I I I ° I IZ, I I I I I =� 1 10 1 053F O 0 1 L L J' 15TH AVENUE I I I I I I I I I I I I I I I LEGEND 66' �- - 33 3' PROPOSED EXTINGUISHMENT - - - - �- - DEDICATED RIGHT-OF-WAY I 33' 33' PROPOSED RIGHT-OF-WAY �{ _ I - JJ - - ROAD CENTERLINE TYPICAL FPE/ROW DIMENSION - - FEDERAL PATENT EASEMENT (UNLESS OTHERWISE NOTED) PROPERTY LINE 119-086 PATENT DEED(S) RESOLUTION NO. 14-26 Z EXHIBIT "C For tax Purposes: EXEMPT PER A.R.S. § 11-1134.A.3 When recorded, mail to: City of Apache Junction Public Works/Engineering 575 East Baseline Ave. Apache Junction, AZ 85119 WARRANTY DEED For and in consideration of the sum of Ten and no/100 dollars($10.00)and other good and valuable consideration,the receipt of which is hereby acknowledged, I/we William Collins and Penny Collins ("Grantor") Do hereby convey to THE CITY OF APACHE JUNCTION, a Municipal Corporation of the State of Arizona,the real property situated in Pinal County, Arizona, described below and depicted in Exhibit "A"attached hereto and incorporated by reference herein: See Exhibit A attached hereto and made a part hereof. Subject to current taxes, assessments, reservation in patents and all easements, rights-of-way, encumbrances, liens, covenants,conditions, restrictions, obligations, liabilities and all other matters affecting title as may appear of record. The undersigned hereby warrants the title against all persons whomsoever, subject to the matters above set forth. Dated the day of 92014 By: William Collins Dated the day of 2014 By: Penny Collins STATE OF ) ss. COUNTY OF ) Subscribed and sworn to before me this day of , 2014, by My Commission Expires: Notary Public EXHIBIT A RIGHT-OF-WAY DEDICATION (A portion of APN 103-18-053A) The East 50 . 00 feet of the North half of the Northeast quarter of the Southeast quarter of the Southeast quarter of the Northeast quarter of Section 27 , Township 1 North, Range 8 East of the Gila and Salt River Base and Meridian, Pinal County, Arizona. 1 EXHIBIT B N NOT TO SCALE i i 051 A 052B ,o a � o 14th AVE 0' 053A 054A so' p J _W Li �p J 053D/ 053F 053E -L iIj I — — — 053G 052B oS �f 1CATf �9L W 21773 <r O JAMES A. HEwITT 05 3A ASSESSOR'S PARCEL NUMBER ROAD CENTERLINE �'+"A ORES 3-51 RIGHT-OF-WAY DEDICATION JOB NO. 14-0504 ►P�"E�c�, City of Apache Junction, Arizona 300 E Superstition Boulevard o Agenda Item Cover Sheet Apache Junction,AZ U =i 85119 Agenda Item No. 12. �Piz oN* File ID: 14-421 Sponsor: Emile Schmid Agenda Date: 9/2/2014 Index: In Control: City Council Meeting Consideration of proposed Resolution No. 14-25, declaring that portions of public roadway easements located in the East half of the Northeast Quarter of Section 27, and described in extinguishment case EX-14-25, are no longer necessary for public use as public roadway easements and are hereby extinguished as present and future public right-of-way; and authorizing acceptance of dedication of public right-of-way fronting 1132 and 1238 South Goldfield Road, and at the rear of 1111 South Wagon Wheel Road. Staff respectfully requests approval of this item. Consideration and action. City of Apache Junction,Arizona Page 1 Printed on 611512026 �PQpCNFt/ y Public Works Department ti U 2 Home of the Superstition Mountains q Hf ZONP Date: August 6, 2014 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: Extinguishment of Federal Patent Easements East Half of the Northeast Quarter of Section 27 Proposed Resolution No. 14-25 Federal Patent Easements (FPEs) are one means whereby property is accessed by our citizens in portions of Apache Junction. FPE's were established as a means to provide public roadway access to Federal Patent parcels, and to mitigate the need of local government to acquire right- of-way to provide access to otherwise landlocked parcels. FPEs are typically a total of 66 feet in width with 33 feet on each side of common parcel lines. Several roadway segments in the East Half of the Northeast Quarter of Section 27 have never been opened for public use or maintained by the City. The roads are classified as local roadways. In addition, the FPEs do not provide access to any parcels which would be landlocked in the event of extinguishment. Area transportation would not be adversely affected by an extinguishment of these portions of roadway easements. Kim and Victoria Tunstall filed an application for the extinguishment of the above mentioned portions of roadway easements on February 4t", 2014. The application included a support petition signed by the adjacent property owners, who support the extinguishment petition. The property owners desire the use of the 33 feet for reduction of setbacks and to allow site improvements to proceed. 575 E. Baseline Avenue, Apache Junction, AZ 85119 • Voice (480) 982-1055 4 Fax (480) 982-8005 RESOLUTION NO. 14-25 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, DECLARING THAT PORTIONS OF PUBLIC ROADWAY EASEMENTS LOCATED IN THE EAST HALF OF THE NORTHEAST QUARTER OF SECTION 27, AND DESCRIBED IN EXTINGUISHMENT CASE EX-14-25, ARE NO LONGER NECESSARY FOR PUBLIC USE AS PUBLIC ROADWAY EASEMENTS AND ARE HEREBY EXTINGUISHED AS PRESENT AND FUTURE PUBLIC RIGHT-OF-WAY; AND AUTHORIZING ACCEPTANCE OF DEDICATION OF PUBLIC RIGHT-OF-WAY FRONTING 1132 AND 1238 SOUTH GOLDFIELD ROAD, AND AT THE REAR OF 1111 SOUTH WAGON WHEEL ROAD. WHEREAS, the City of Apache Junction, upon incorporation became the holder of federally patented easements ("FPE"s) as described in Exhibit A and depicted in Exhibit B, for public roadway purposes; and WHEREAS, such easements may be extinguished by local municipalities pursuant to A.R. S . §§ 9-500 . 24 and 28-7214; and WHEREAS, on February 4, 2014, the "Applicant", paid the required non-refundable application and filing fee for the extinguishment request pursuant to Apache Junction City Code § 13-2-4 (H) ; and WHEREAS, pursuant to Apache Junction City Code § 13-2-4, the Director of Public Works on March 12, 2014, submitted copies of the application for comment to the Development Services Director, the Public Safety Director, the Superstition Fire and Medical District, as well as affected public utility providers; and WHEREAS, no opposition statements were received from Salt River Project, Arizona Water Company, Superstition Mountains Community Facilities District No. 1, Centurylink, Southwest Gas, the Development Services Director, and the Public Safety Director; and WHEREAS, in exchange for the easement extinguishment, the Applicant and participating property owners have agreed to dedicate by warranty deed needed public right-of-way fronting 1132 and 1238 South Goldfield Road and at the rear of 1111 South Wagon Wheel Road as depicted and described in Exhibit C; and RESOLUTION NO. 14-25 PAGE 1 OF 18 WHEREAS, the extinguishment request, if approved, would not leave a parcel in separate ownership without access to an established public roadway or easement connecting such lands with another public roadway or easement; and WHEREAS, the City Engineer has determined that the value of the land being dedicated exceeds the value of the easements in question. 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 of the City of Apache Junction find that the roadway easements described in Exhibit A, and depicted in Exhibit B, are classified as local streets on the Street Classification Plan and are no longer necessary for roadway purposes, have no or de minimis public value, and are hereby extinguished for public roadway right-of-way purposes . 2 . Nothing in this approval extinguishes any utility easement interest of any public utility agency or entity on the subject street right-of-way. 3 . The City Engineer is authorized to accept the Warranty Deeds dedicating as public right-of-way the land identified in Exhibit C. 4 . As a condition of processing the extinguishments of the FPEs under this resolution, the Applicant and participating parcel owners shall sign the warranty deeds dedicating the pertinent public right-of-way. Once the warranty deeds have been received, the City shall reocord the warranty deeds and this resolution. RESOLUTION NO. 14-25 PAGE 2 OF 18 PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS DAY OF , 2014 . SIGNED AND ATTESTED TO THIS DAY OF 2014 . JOHN S . INSALACO Mayor ATTEST: KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM: RICHARD J. STERN City Attorney RESOLUTION NO. 14-25 PAGE 3 OF 18 EXHIBIT A PARCEL 1 (Adjacent to parcel 103-18-020) The South thirty-three feet (33' ) of the Northeast quarter of the Southwest quarter of the Northeast quarter of the Northeast quarter of Section 27, Township 1 North, Range 8 East of the Gila and Salt River Base and Meridian, Pinal County, Arizona; EXCEPT the West thirty three feet (33' ) THEREOF; PARCEL 2 (Adjacent to parcel 103-18-019A) The South thirty-three feet (33' ) of the Northwest quarter of the Southeast quarter of the Northeast quarter of the Northeast quarter of Section 27, Township 1 North, Range 8 East of the Gila and Salt River Base and Meridian, Pinal County, Arizona; EXCEPT the East thirty three feet (33' ) THEREOF; PARCEL 3 (Adjacent to parcel 103-18-018C) The South thirty-three feet (33' ) of the Northeast quarter of the Southeast quarter of the Northeast quarter of the Northeast quarter of Section 27, Township 1 North, Range 8 East of the Gila and Salt River Base and Meridian, Pinal County, Arizona; EXCEPT the West thirty three feet (33' ) and the East fifty feet (50' ) THEREOF; PARCEL 4 (Adjacent to parcel 103-18-030A and 103-18-030B) The North thirty-three feet (33' ) of the Southeast quarter of the Southwest quarter of the Northeast quarter of the Northeast quarter of Section 27, Township 1 North, Range 8 East of the Gila and Salt River Base and Meridian, Pinal County, Arizona; EXCEPT the West thirty three feet (33' ) THEREOF; PARCEL 5 (Adjacent to parcel 103-18-031B and 103-18-031A) The North thirty-three feet (33' ) of the Southwest quarter of the Southeast quarter of the Northeast quarter of the Northeast quarter of Section 27, Township 1 North, Range 8 East of the Gila and Salt River Base and Meridian, Pinal County, Arizona; RESOLUTION NO. 14-25 PAGE 4 OF 18 PARCEL 6 (Adjacent to parcel 103-18-032A) The North thirty-three feet (33' ) of the Southeast quarter of the Southeast quarter of the Northeast quarter of the Northeast quarter of Section 27, Township 1 North, Range 8 East of the Gila and Salt River Base and Meridian, Pinal County, Arizona; EXCEPT the East thirty three feet (33' ) THEREOF; PARCEL 7 (Adjacent to parcel 103-18-030B) The East thirty-three feet (33' ) of the Southeast quarter of the Southwest quarter of the Northeast quarter of the Northeast quarter of Section 27, Township 1 North, Range 8 East of the Gila and Salt River Base and Meridian, Pinal County, Arizona; EXCEPT the North thirty three feet (33' ) and the South thirty three feet (33' ) THEREOF; PARCEL 8 (Adjacent to parcel 103-18-031B) The West thirty-three feet (33' ) of the Southwest quarter of the Southeast quarter of the Northeast quarter of the Northeast quarter of Section 27, Township 1 North, Range 8 East of the Gila and Salt River Base and Meridian, Pinal County, Arizona; EXCEPT the North thirty three feet (33' ) and the South thirty three feet (33' ) THEREOF; PARCEL 9 (Adjacent to parcel 103-18-031A) The East thirty-three feet (33' ) of the Southwest quarter of the Southeast quarter of the Northeast quarter of the Northeast quarter of Section 27, Township 1 North, Range 8 East of the Gila and Salt River Base and Meridian, Pinal County, Arizona; EXCEPT the North thirty three feet (33' ) and the South thirty three feet (33' ) THEREOF; PARCEL 10 (Adjacent to parcel 103-18-032A and 103-18-032B) The West thirty-three feet (33' ) of the Southeast quarter of the Southeast quarter of the Northeast quarter of the Northeast quarter of Section 27, Township 1 North, Range 8 East of the Gila and Salt River Base and Meridian, Pinal County, Arizona; EXCEPT the North thirty three feet (33' ) and the South thirty three feet (33' ) THEREOF; RESOLUTION NO. 14-25 PAGE 5 OF 18 PARCEL 11 (Adjacent to parcel 103-18-032A and 103-18-032B) The East thirty-three feet (33' ) of the Southeast quarter of the Southeast quarter of the Northeast quarter of the Northeast quarter of Section 27, Township 1 North, Range 8 East of the Gila and Salt River Base and Meridian, Pinal County, Arizona; PARCEL 12 (Adjacent to parcel 103-18-031B and 103-18-031A) The South thirty-three feet (33' ) of the Southwest of the Southeast quarter of the Northeast of the Northeast quarter of Section 27, Township 1 North, Range 8 East of the Gila and Salt River Base and Meridian, Pinal County, Arizona; EXCEPT the West thirty three feet (33' ) THEREOF; PARCEL 13 (Adjacent to parcel 103-18-032B) The South thirty-three feet (33' ) of the Southeast of the Southeast quarter of the Northeast of the Northeast quarter of Section 27, Township 1 North, Range 8 East of the Gila and Salt River Base and Meridian, Pinal County, Arizona; EXCEPT the East thirty three feet (33' ) THEREOF; PARCEL 14 (Adjacent to parcel 103-18-035 and 103-18-034) The North thirty-three feet (33' ) of the Northwest of the Northeast quarter of the Southeast of the Northeast quarter of Section 27, Township 1 North, Range 8 East of the Gila and Salt River Base and Meridian, Pinal County, Arizona; EXCEPT the West thirty three feet (33' ) THEREOF; PARCEL 15 (Adjacent to parcel 103-18-033) The North thirty-three feet (33' ) of the Northeast of the Northeast quarter of the Southeast of the Northeast quarter of Section 27, Township 1 North, Range 8 East of the Gila and Salt River Base and Meridian, Pinal County, Arizona; EXCEPT the East thirty three feet (33' ) THEREOF; PARCEL 16 (Adjacent to parcel 103-18-034) The East thirty-three feet (33' ) of the Northwest quarter of the Northeast quarter of the Southeast quarter of the Northeast quarter of Section 27, Township 1 North, Range 8 East of the Gila and Salt River Base and Meridian, Pinal County, Arizona; EXCEPT the North thirty three feet (33' ) and the South thirty three feet (33' ) THEREOF; RESOLUTION NO. 14-25 PAGE 6 OF 18 PARCEL 17 (Adjacent to parcel 103-18-033) The West thirty-three feet (33' ) of the Northeast quarter of the Northeast quarter of the Southeast quarter of the Northeast quarter of Section 27, Township 1 North, Range 8 East of the Gila and Salt River Base and Meridian, Pinal County, Arizona; EXCEPT the North thirty three feet (33' ) and the South thirty three feet (33' ) THEREOF; PARCEL 18 (Adjacent to parcel 103-18-033) The East thirty-three feet (33' ) aof the Northeast quarter of the Northeast quarter of the Southeast quarter of the Northeast quarter of Section 27, Township 1 North, Range 8 East of the Gila and Salt River Base and Meridian, Pinal County, Arizona. RESOLUTION NO. 14-25 PAGE 7 OF 18 EXHIBIT "B" I I I I I I 020 I I 019A ; ; 018C 50' 0 —4 210-2 89-333 208-479 197-15 203-071 032A 33' 030A 030B 031 B 031A 50' I I I 032B I L _ _ _ _ 197-15 03=071 12TH AVENUE 0 204-52 196-442 I I I I I I 036 , I I 50' 035 034 033 1 1 038 037 IZI _ _13TH _ AVENUE_ I _ _ F - - - - -1 F - - - - � 50 I I I I I I 052A I I 050B 050A 031 B 031 A LEGEND 33'3' PROPOSED EXTINGUISHMENT - - - -� - - DEDICATED RIGHT-OF-WAY 33' 33 PROPOSED RIGHT—OF—WAY — — — — — — ROAD CENTERLINE TYPICAL FPE/ROW DIMENSION - - FEDERAL PATENT EASEMENT (UNLESS OTHERWISE NOTED) PROPERTY LINE 119-086 PATENT DEED(S) un H RESOLUTION NO. 14-25 z EXHIBIT C Warranty Deeds RESOLUTION NO. 14-25 PAGE 9 OF 18 EXHIBIT "C" For tax Purposes: EXEMPT PER A.R.S. § 11-1134.A.3 When recorded, mail to: City of Apache Junction Public Works/Engineering 575 East Baseline Ave. Apache Junction, AZ 85119 WARRANTY DEED For and in consideration of the sum of Ten and no/100 dollars($10.00)and other good and valuable consideration,the receipt of which is hereby acknowledged, I/we Kim Tunstall and Victoria L. Tunstall ("Grantor") Do hereby convey to THE CITY OF APACHE JUNCTION,a Municipal Corporation of the State of Arizona,the real property situated in Pinal County,Arizona, described below and depicted in Exhibit "A"attached hereto and incorporated by reference herein: See Exhibit A attached hereto and made a part hereof. Subject to current taxes,assessments,reservation in patents and all easements,rights-of-way, encumbrances, liens, covenants, conditions,restrictions, obligations, liabilities and all other matters affecting title as may appear of record. The undersigned hereby warrants the title against all persons whomsoever, subject to the matters above set forth. Dated the sue® _day of jTidL- 92014 By: Kim Tunstall Dated thef day of , 2014• By: ® a L. Tunstall NOTARY PUBLIC STATE OF ZAY1G ) STATE of aRiZONA Pinal County ss. • " J!t_LIAN AILLEFI COUNTY OF �j�p,� ) My Commission Expires January 09,2018 Subscribed and sworn to before me this ° =F`£ day of :% , 2014, by r My Commission Expires: Notary Public EXHIBIT A RIGHT-OF-WAY DEDICATION (A portion of APN 103-18-032A) The East 33 . 00 feet of the North half of the Southeast quarter of the Southeast quarter of the Northeast quarter of the Northeast quarter of Section 27 , Township 1 North , Range 8 East of the Gila and Salt River Base and Meridian, Pinal County, Arizona . 21773 0 JCS X HEWI?T� NA V ,S i26 S 3 "� EXHIBIT B N NOT TO SCALE I 019A 01 8C ID a 0 . . . . . . . . . . . . . . . . . . . . 7 33' �n 031A 032A \ 1,33 J W I W C, 032B 0 \ I 12th AVE -T 033 0 \FICATF ti 21773 d Fo 032A ASSESSOR'S PARCEL NUMBER � JAMES A. HEWITT ^. - ROAD CENTERLINE '9,4,�s�...-•• RIGHT-OF-WAY DEDICATION 2�NA U•`•''P• �h JOB NO. 14-0504 t For tax Purposes: EXEMPT PER A.R.S. § 11-1134.A.3 When recorded, mail to: City of Apache Junction Public Works/Engineering 575 East Baseline Ave. Apache Junction, AZ 85119 WARRANTY DEED For and in consideration of the sum of Ten and no/100 dollars($10.00) and other good and valuable consideration,the receipt of which is hereby acknowledged, I/we Kim Tunstall and Victoria L. Tunstall ("Grantor") Do hereby convey to THE CITY OF APACHE JUNCTION, a Municipal Corporation of the State of Arizona,the real property situated in Pinal County, Arizona,described below and depicted in Exhibit "A"attached hereto and incorporated by reference herein: See Exhibit A attached hereto and made a part hereof Subject to current taxes, assessments,reservation in patents and all easements, rights-of-way, encumbrances, liens, covenants, conditions,restrictions, obligations, liabilities and all other matters affecting title as may appear of record. The undersigned hereby warrants the title against all persons whomsoever, subject to the matters above set forth. Dated the day of_�rUL _, 2014 By: 0�z Kim Tunstall Dated the�.50_day of — -, 2014. By- Victoria L. Tunstall STATE OF lAnp ) PUBLIC STATE TE O oFf aRIzorvA ss. Pinai County COUNTY OF P1ha� ) JILLIAN MILLER My Commission Expires January 08,2018 Subscribed and sworn to before me this ; ` ;, day of , 2014,by My Commission Expires: �1 �(�' {}� Notary Public EXHIBIT A RIGHT-OF-WAY DEDICATION (A portion of APN 103-18-032B) The East 50 . 00 feet of the South half of the Southeast quarter of the Southeast quarter of the Northeast quarter of the Northeast quarter of Section 27, Township 1 North, Range 8 East of the Gila and Salt River Base and Meridian, Pinal County, Arizona. G4�`,FI(;A �L F� W 21773 n t d: JAMES A. Q HEWTi , NA l5 EXHIBIT B N NOT TO SCALE i i 031 A 032A 0 0 \ /5C ' �. 032B //5 12th AVE o J W_ L.� 034 033 0 0 0 \FICATF ti 21773 d �0 032E ASSESSOR'S PARCEL NUMBER � JAMES A. HEWITT ^. - ROAD CENTERLINE '9,4,�s�...-•• RIGHT-OF-WAY DEDICATION 2�NA U•`•''P• �h JOB NO. 14-0504 For tax Purposes: EXEMPT PER A.R.S. § 11-1134.A.3 When recorded, mail to: City of Apache Junction Public Works/Engineering 575 East Baseline Ave. Apache Junction, AZ 85119 WARRANTY DEED For and in consideration of the sum of Ten and no/100 dollars ($10.00) and other good and valuable consideration, the receipt of which is hereby acknowledged, I/we Flying L LLC ("Grantor") Do hereby convey to THE CITY OF APACHE JUNCTION, a Municipal Corporation of the State of Arizona, the real property situated in Pinal County,Arizona, described below and depicted in Exhibit "A"attached hereto and incorporated by reference herein: See Exhibit A attached hereto and made a part hereof. Subject to current taxes, assessments, reservation in patents and all easements,rights-of-way, encumbrances, liens, covenants, conditions,restrictions, obligations, liabilities and all other matters affecting title as may appear of record. The undersigned hereby warrants the title against all persons whomsoever, subject to the matters above set forth. Dated the day of ,2014 By: STATE OF ) ss. COUNTY OF ) Subscribed and sworn to before me this day of 2014, by My Commission Expires: Notary Public EXHIBIT A RIGHT-OF-WAY DEDICATION (A portion of APN 103-18-033) The East 50 . 00 feet of the Northeast quarter of the Northeast quarter of the Southeast quarter of the Northeast quarter of Section 27, Township 1 North, Range 8 East of the Gila and Salt River Base and Meridian, Pinal County, Arizona. LANo s %FICA �9L 21773 p JAMEs a HEi M . ID NA EXHIBIT B N NOT TO SCALE \ 032B 031 A I 12th AVE 50 0 Q O 0 034 033 0 J W_ L� 50' O I C� 051 A 052A I \FICATF 21773 d JAMES A. a HEWITT /" 033 ASSESSOR'S PARCEL NUMBER P - ROAD CENTERLINE 2�NA U•S• �h RIGHT-OF-WAY DEDICATION JOB NO. 14-0504 RESOLUTION NO. 14-25 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, DECLARING THAT PORTIONS OF PUBLIC ROADWAY EASEMENTS LOCATED IN THE EAST HALF OF THE NORTHEAST QUARTER OF SECTION 27, AND DESCRIBED IN EXTINGUISHMENT CASE EX-14-25, ARE NO LONGER NECESSARY FOR PUBLIC USE AS PUBLIC ROADWAY EASEMENTS AND ARE HEREBY EXTINGUISHED AS PRESENT AND FUTURE PUBLIC RIGHT-OF-WAY; AND AUTHORIZING ACCEPTANCE OF DEDICATION OF PUBLIC RIGHT-OF-WAY FRONTING 1132 AND 1238 SOUTH GOLDFIELD ROAD, AND AT THE REAR OF 1111 SOUTH WAGON WHEEL ROAD. WHEREAS, the City of Apache Junction, upon incorporation became the holder of federally patented easements ( "FPE"s) as described in Exhibit A and depicted in Exhibit B, for public roadway purposes; and WHEREAS, such easements may be extinguished by local municipalities pursuant to A.R. S . §§ 9-500 . 24 and 28-7214; and WHEREAS, on February 4, 2014, the "Applicant" , paid the required non-refundable application and filing fee for the extinguishment request pursuant to Apache Junction City Code § 13-2-4 (H) ; and WHEREAS, pursuant to Apache Junction City Code § 13-2-4, the Director of Public Works on March 12, 2014, submitted copies of the application for comment to the Development Services Director, the Public Safety Director, the Superstition Fire and Medical District, as well as affected public utility providers; and WHEREAS, no opposition statements were received from Salt River Project, Arizona Water Company, Superstition Mountains Community Facilities District No. 1, Centurylink, Southwest Gas, the Development Services Director, and the Public Safety Director; and WHEREAS, in exchange for the easement extinguishment, the Applicant and participating property owners have agreed to dedicate by warranty deed needed public right-of-way fronting 1132 and 1238 South Goldfield Road and at the rear of 1111 South Wagon Wheel Road as depicted and described in Exhibit C; and RESOLUTION NO. 14-25 PAGE 1 OF 18 WHEREAS, the extinguishment request, if approved, would not leave a parcel in separate ownership without access to an established public roadway or easement connecting such lands with another public roadway or easement; and WHEREAS, the City Engineer has determined that the value of the land being dedicated exceeds the value of the easements in question. 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 of the City of Apache Junction find that the roadway easements described in Exhibit A, and depicted in Exhibit B, are classified as local streets on the Street Classification Plan and are no longer necessary for roadway purposes, have no or de minimis public value, and are hereby extinguished for public roadway right-of-way purposes . 2 . Nothing in this approval extinguishes any utility easement interest of any public utility agency or entity on the subject street right-of-way. 3 . The City Engineer is authorized to accept the Warranty Deeds dedicating as public right-of-way the land identified in Exhibit C. 4 . As a condition of processing the extinguishments of the FPEs under this resolution, the Applicant and participating parcel owners shall sign the warranty deeds dedicating the pertinent public right-of-way. Once the warranty deeds have been received, the City shall reocord the warranty deeds and this resolution. RESOLUTION NO. 14-25 PAGE 2 OF 18 PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS .f DAY OF 2014 . SIGNED AND ATTESTED TO THIS DAY OF )•f 1t f.% 2014 . J�PN S . INSA CO L-Mayor ATTEST: KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM: RICHARD J. STERN City Attorney RESOLUTION NO. 14-25 PAGE 3 OF 18 EXHIBIT A PARCEL 1 (Adjacent to parcel 103-18-020) The South thirty-three feet (33 ' ) of the Northeast quarter of the Southwest quarter of the Northeast quarter of the Northeast quarter of Section 27 , Township 1 North, Range 8 East of the Gila and Salt River Base and Meridian, Pinal County, Arizona; EXCEPT the West thirty three feet (33 ' ) THEREOF; PARCEL 2 (Adjacent to parcel 103-18-019A) The South thirty-three feet (331 ) of the Northwest quarter of the Southeast quarter of the Northeast quarter of the Northeast quarter of Section 27, Township 1 North, Range 8 East of the Gila and Salt River Base and Meridian, Pinal County, Arizona; EXCEPT the East thirty three feet (33 ' ) THEREOF; PARCEL 3 (Adjacent to parcel 103-18-018C) The South thirty-three feet (33' ) of the Northeast quarter of the Southeast quarter of the Northeast quarter of the Northeast quarter of Section 27 , Township 1 North, Range 8 East of the Gila and Salt River Base and Meridian, Pinal County, Arizona; EXCEPT the West thirty three feet (33 ' ) and the East fifty feet (50' ) THEREOF; PARCEL 4 (Adjacent to parcel 103-18-030A and 103-18-030B) The North thirty-three feet (331 ) of the Southeast quarter of the Southwest quarter of the Northeast quarter of the Northeast quarter of Section 27, Township 1 North, Range 8 East of the Gila and Salt River Base and Meridian, Pinal County, Arizona; EXCEPT the West thirty three feet (331 ) THEREOF; PARCEL 5 (Adjacent to parcel 103-18-031B and 103-18-031A) The North thirty-three feet (331 ) of the Southwest quarter of the Southeast quarter of the Northeast quarter of the Northeast quarter of Section 27, Township 1 North, Range 8 East of the Gila and Salt River Base and Meridian, Pinal County, Arizona; RESOLUTION NO. 14-25 PAGE 4 OF 18 PARCEL 6 (Adjacent to parcel 103-18-032A) The North thirty-three feet (33' ) of the Southeast quarter of the Southeast quarter of the Northeast quarter of the Northeast quarter of Section 27, Township 1 North, Range 8 East of the Gila and Salt River Base and Meridian, Pinal County, Arizona; EXCEPT the East thirty three feet (33 ' ) THEREOF; PARCEL 7 (Adjacent to parcel 103-18-030B) The East thirty-three feet (331 ) of the Southeast quarter of the Southwest quarter of the Northeast quarter of the Northeast quarter of Section 27, Township 1 North, Range 8 East of the Gila and Salt River Base and Meridian, Pinal County, Arizona; EXCEPT the North thirty three feet (33 ' ) and the South thirty three feet (33 ' ) THEREOF; PARCEL 8 (Adjacent to parcel 103-18-031B) The West thirty-three feet (331 ) of the Southwest quarter of the Southeast quarter of the Northeast quarter of the Northeast quarter of Section 27, Township 1 North, Range 8 East of the Gila and Salt River Base and Meridian, Pinal County, Arizona; EXCEPT the North thirty three feet (33 ' ) and the South thirty three feet (331 ) THEREOF; PARCEL 9 (Adjacent to parcel 103-18-031A) The East thirty-three feet (331 ) of the Southwest quarter of the Southeast quarter of the Northeast quarter of the Northeast quarter of Section 27, Township 1 North, Range 8 East of the Gila and Salt River Base and Meridian, Pinal County, Arizona; EXCEPT the North thirty three feet (331 ) and the South thirty three feet (331 ) THEREOF; PARCEL 10 (Adjacent to parcel 103-18-032A and 103-18-032B) The West thirty-three feet (331 ) of the Southeast quarter of the Southeast quarter of the Northeast quarter of the Northeast quarter of Section 27, Township 1 North, Range 8 East of the Gila and Salt River Base and Meridian, Pinal County, Arizona; EXCEPT the North thirty three feet (331 ) and the South thirty three feet (331 ) THEREOF; RESOLUTION NO. 14-25 PAGE 5 OF 18 PARCEL 11 (Adjacent to parcel 103-18-032A and 103-18-032B) The East thirty-three feet (33' ) of the Southeast quarter of the Southeast quarter of the Northeast quarter of the Northeast quarter of Section 27, Township 1 North, Range 8 East of the Gila and Salt River Base and Meridian, Pinal County, Arizona; PARCEL 12 (Adjacent to parcel 103-18-031B and 103-18-031A) The South thirty-three feet (33 ' ) of the Southwest of the Southeast quarter of the Northeast of the Northeast quarter of Section 27, Township 1 North, Range 8 East of the Gila and Salt River Base and Meridian, Pinal County, Arizona; EXCEPT the West thirty three feet (33 ' ) THEREOF; PARCEL 13 (Adjacent to parcel 103-18-032B) The South thirty-three feet (33 ' ) of the Southeast of the Southeast quarter of the Northeast of the Northeast quarter of Section 27, Township 1 North, Range 8 East of the Gila and Salt River Base and Meridian, Pinal County, Arizona; EXCEPT the East thirty three feet (331 ) THEREOF; PARCEL 14 (Adjacent to parcel 103-18-035 and 103-18-034) The North thirty-three feet (33 ' ) of the Northwest of the Northeast quarter of the Southeast of the Northeast quarter of Section 27, Township 1 North, Range 8 East of the Gila and Salt River Base and Meridian, Pinal County, Arizona; EXCEPT the West thirty three feet (33' ) THEREOF; PARCEL 15 (Adjacent to parcel 103-18-033) The North thirty-three feet (331 ) of the Northeast of the Northeast quarter of the Southeast of the Northeast quarter of Section 27, Township 1 North, Range 8 East of the Gila and Salt River Base and Meridian, Pinal County, Arizona; EXCEPT the East thirty three feet (33' ) THEREOF; PARCEL 16 (Adjacent to parcel 103-18-034) The East thirty-three feet (33 ' ) of the Northwest quarter of the Northeast quarter of the Southeast quarter of the Northeast quarter of Section 27, Township 1 North, Range 8 East of the Gila and Salt River Base and Meridian, Pinal County, Arizona; EXCEPT the North thirty three feet (33 ' ) and the South thirty three feet (33 ' ) THEREOF; RESOLUTION NO. 14-25 PAGE 6 OF 18 PARCEL 17 (Adjacent to parcel 103-18-033) The West thirty-three feet (33' ) of the Northeast quarter of the Northeast quarter of the Southeast quarter of the Northeast quarter of Section 27, Township 1 North, Range 8 East of the Gila and Salt River Base and Meridian, Pinal County, Arizona; EXCEPT the North thirty three feet (33 ' ) and the South thirty three feet (33 ' ) THEREOF; PARCEL 18 (Adjacent to parcel 103-18-033) The East thirty-three feet (331 ) aof the Northeast quarter of the Northeast quarter of the Southeast quarter of the Northeast quarter of Section 27, Township 1 North, Range 8 East of the Gila and Salt River Base and Meridian, Pinal County, Arizona. RESOLUTION NO. 14-25 PAGE 7 OF 18 EXHIBIT "B" I I I I I I I I 020 019A ; ; 018C - - - so' -47 1 - ld -4 032A 33' 030A 030B 031 B 031A 50 I I I 032B L - - - - 1 7-1 -71 - - 12TH AVENUE _ 0 F - - - - �0 104- -44 I I I I I 036 so' 035 034 033 038 037 iz, _ _13TH _ _AVENUE- F - - - - - F - - - - - - 50 I , 052A 050B 050A I I I 031 B 031A - - -I i- P15 LEGEND 66 -� �- _ ' PROPOSED EXTINGUISHMENT DEDICATED RIGHT-OF-WAY 33' PROPOSED RIGHT-OF-WAY 33'� D - ROAD CENTERLINE TYPICAL FPE/ROW DIMENSION - - FEDERAL PATENT EASEMENT (UNLESS OTHERWISE NOTED) PROPERTY LINE 119-086 PATENT DEED(S) u� H RESOLUTION NO, 14-25 z EXHIBIT C Warranty Deeds RESOLUTION NO. 14-25 PAGE 9 OF 18 t EXHIBIT "C" For tax Purposes: EXEMPT PER A.R.S. § 11-1134.A.3 When recorded, mail to: City of Apache Junction Public Works/Engineering 575 East Baseline Ave. Apache Junction, AZ 85119 WARRANTY DEED For and in consideration of the sum of Ten and no/100 dollars($10.00)and other good and valuable consideration,the receipt of which is hereby acknowledged, I/we Kim Tunstall and Victoria L. Tunstall ("Grantor") Do hereby convey to THE CITY OF APACHE JUNCTION,a Municipal Corporation of the State of Arizona,the real property situated in Pina) County,Arizona,described below and depicted in Exhibit "A" attached hereto and incorporated by reference herein: See Exhibit A attached hereto and made a part hereof. Subject to current taxes,assessments,reservation in patents and all easements,rights-of-way, encumbrances, liens, covenants, conditions, restrictions, obligations, liabilities and all other matters affecting title as may appear of record. The undersigned hereby warrants the title against all persons whomsoever, subject to the matters above set forth. `--. � Dated the �FO day of t7?/k/ ,2014 By: Kim Tunstall Dated theOf day of _ 2014- By:�2 -- a L. Tunstall NOTARY PUBLIC STATE OF 7,6nG ) STATE AWONA PRW ss. JILLIAN M LER COUNTY OF ?f)a J ) My CommWslon Expires January 09,2018 Subscribed and sworn to before me this 30V) day of \)� ,2014,by My Commission Expires: (}\IQGCA � Notary Public EXHIBIT A RIGHT-OF-WAY DEDICATION (A portion of APN 103-18-032A) The East 33 . 00 feet of the North half of the Southeast quarter of the Southeast quarter of the Northeast quarter of the Northeast quarter of Section 27 , Township 1 North, Range 8 East of the Gila and Salt River Base and Meridian, Pinal County, Arizona. ` 'ems 3 �� ZN�� EXHIBIT B NOT TO SCALE I I 019A 018C I 0 a 0 33' 1 �n 1 031 A 032A 33 1 J W I L� 1 � 032B 0 1 I _12th _ AVE 033 0 �f ICATC SG9L ti W c, 21773 d �� 032A ASSESSOR'S PARCEL NUMBER JAMES A. o HEWITT ^. — ROAD CENTERLINE RIGHT-OF-WAY DEDICATION ��2�NA U•`�P .�� JOB NO. 14-0504 For tax Purposes: EXEMPT PER A.R.S. § 11-1134.A.3 When recorded, mail to: City of Apache Junction Public Works/Engineering 575 East Baseline Ave. Apache Junction,AZ 85119 WARRANTY DEED For and in consideration of the sum of Ten and no/100 dollars($10.00)and other good and valuable consideration,the receipt of which is hereby acknowledged, I/we Kim Tunstall and Victoria L. Tunstall ("Grantor") Do hereby convey to THE CITY OF APACHE JUNCTION,a Municipal Corporation of the State of Arizona, the real property situated in Pinal County,Arizona,described below and depicted in Exhibit "A"attached hereto and incorporated by reference herein: See Exhibit A attached hereto and made a part hereof. Subject to current taxes, assessments,reservation in patents and all easements, rights-of-way, encumbrances, liens,covenants,conditions, restrictions, obligations, liabilities and all other matters affecting title as may appear of record. The undersigned hereby warrants the title against all persons whomsoever,subject to the matters above set forth. Dated the 3 l9 day of_L7 UL�( ,2014 By: Kim Tunstall Dated thefJ_ day of' ,2014• By:--�'��� � `� Victoria L. Tunstall NO PUMM STATE OF fn?, (4 4 ) SAE of nPazow► ss. Peu c tely COUNTY OF P)nax ) JILLIAN MILLER ti+y com "Ion Expires JwKmy o6,2oi a Subscribed aan{d(sw�o/m to before me this U , day of A q 2014, by My Commission Expires: 0q m po Notary Public EXHIBIT A RIGHT-OF-WAY DEDICATION (A portion of APN 103-18-032B) The East 50 . 00 feet of the South half of the Southeast quarter of the Southeast quarter of the Northeast quarter of the Northeast quarter of Section 27 , Township 1 North, Range 8 East of the Gila and Salt River Base and Meridian, Pinal County, Arizona. EXHIBIT B N NOT TO SCALE i 1 i 031 A 032A 0 �o 50' 032B �- 12th AVE o J W_ L� 034 033 ' o 0 0 %FICATe. SG9L ti W 21773 d �0 032B ASSESSOR'S PARCEL NUMBER X JAMES A. 7 HEWITT ^. - ROAD CENTERLINE ...... RIGHT-OF-WAY DEDICATION F+A A'U,5 P-i /RES 3-�1 JOB NO. 14-0504 For tax Purposes: EXEMPT PER A.R.S. § 11-1134.A.3 When recorded, mail to: City of Apache Junction Public Works/Engineering 575 East Baseline Ave. Apache Junction, AZ 85119 WARRANTY DEED For and in consideration of the sum of Ten and no/100 dollars($10.00)and other good and valuable consideration,the receipt of which is hereby acknowledged, I/we Flying L LLC ("Grantor") Do hereby convey to THE CITY OF APACHE JUNCTION,a Municipal Corporation of the State of Arizona,the real property situated in Pinal County, Arizona,described below and depicted in Exhibit "A"attached hereto and incorporated by reference herein: See Exhibit A attached hereto and made a part hereof. Subject to current taxes, assessments, reservation in patents and all easements, rights-of-way, encumbrances, liens, covenants, conditions,restrictions, obligations, liabilities and all other matters affecting title as may appear of record. The undersigned hereby warrants the title against all persons whomsoever, subject to the matters above set forth. Dated the day of 2014 By: STATE OF ) ss. COUNTY OF ) Subscribed and sworn to before me this day of 2014, by My Commission Expires: Notary Public EXHIBIT A RIGHT-OF-WAY DEDICATION (A portion of APN 103-18-033) The East 50 . 00 feet of the Northeast quarter of the Northeast quarter of the Southeast quarter of the Northeast quarter of Section 27 , Township 1 North, Range 8 East of the Gila and Salt River Base and Meridian, Pinal County, Arizona. i = _ X'i _ e � � 7 EXHIBIT B N NOT TO SCALE 1 0 031A 32E 12th _ AVE -T 50 0 Q O tr 0 034 033 J W_ l.� 50' � O �O 051 A 052A 0 ►F►carf • o do F� W 21773 O JAMES A. HEwITT 0 3 3 ASSESSOR'S PARCEL NUMBER,o:= — ROAD CENTERLINE ACRES 3-�1� RIGHT—OF—WAY DEDICATION JOB NO. 14-0504 ►P�"E�c�, City of Apache Junction, Arizona 300 E Superstition Boulevard � 0 Agenda Item Cover Sheet Apache Junction,AZ _ 85119 Agenda Item No. 13. '+'Piz File ID: 14-415 Sponsor: Kathy Connelly Agenda Date: 9/2/2014 Index: In Control: City Council Meeting Application for a special event liquor license for Community Alliance Against Family Abuse for October 25, 2014 at 3301 S. Goldfield, Apache Junction. The next step in the procedure is for the council to hold a public hearing on the application and make a recommendation for approval or denial to the Arizona Department of Liquor Licenses and Control. Consideration and action. City of Apache Junction,Arizona Page 1 Printed on 611512026 AUGUST 20, 2014 MEMORANDUM TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS THROUGH: GEORGE R. HOFFMAN, CITY MANAGER THROUGH: KATHLEEN CONNELLY, CITY CLERK FROM: JAN MASON, DEPUTY CITY CLERK SUBJECT: AGENDA ITEM FOR SEPTEMBER 2, 2014: APPLICATION FOR A SPECIAL EVENT LIQUOR LICENSE FOR COMMUNITY ALLIANCE AGAINST FAMILY ABUSE An application for a special event liquor license has been submitted by Ms. Elizabeth Ditlevson Garman of Community Alliance Against Family Abuse for a fundraiser on October 25, 2014 at 3301 S. Goldfield, Apache Junction. Correspondence has been received from the building division, planning division, police department and fire district, a copy of which is attached. The next step in the procedure is for the City Council to hold a public hearing on the application and make a recommendation for approval or denial to be forwarded to the State Department of Liquor Licenses and Control. Arizona Department of Liquor Licenses and Control 800 W Washington,Sth Floor IPhoeriix'AZ"8500741934 wv�w�azjlqvor,gov < •y. 1, APPLICATION FOR SPECIAL fVENTIACENSE Fee= $25.00 per day for i-IO'days (consecutive) A service fee of$25.00`will be'chargea for all dishonored checks (A.R.S. §44-6852) IMPORTANT INFORMATION:This document must-belully completed or it will be returned. The Department of Liquor Licenses and Control must receive this appiieption ten (10) business days prior to the event. If the special event will be held at a Iocaf 0n wjthput q 0ermanenfliquor license or if the event will be on any portion of a location that is not covered by the existing 1tq�or license, this application must be approved by the local government before submission to the Department of Uquor Licenses and Control(see S1ection[15). SECTION 1 Name of Organization: cor \ SECTION 2 Non-Profit/IRS Tax Exempt Number: —2- SECTION 3 The organization is a: (check one box only) Charitable (501.C) ❑Fraternal (must have regular membership and have been in existence for over five (5) years) Religious 0Civic (Rotary,College Scholarship) []Political Party, Ballot Measure or Campaign Committee SECTION 4 Will this even be held on a currently licensed premise and within the already approved premises? []Yes No Name of Business License Number Phone(include Area Code) SECTION 5 How is this special event going to conduct all dispensing, serving, and selling of spirituous liquors? Please read R-19-318 for explanation (look in special event planning guide) and check one of the following boxes. []place license in non-use []Dispense and serve all spirituous liquors under retailer's license Wispense and serve all spirituous liquors under special event ❑Split premise between special event and retail location (If not using retail license, submit a letter of agreement from the agent/owner of the licensed premise to suspend the license during the event. If the special event is only using a portion of premise, agent/owner will need to suspend that portion of the premise.) SECTION 6 What is the purpose of this event? .13cOn-site consumption ❑Off-site (auction) ❑Both SECTION 7 Location of the Event: AC� � A Cku t o vv�UY11 Address of Location: C - Wd • v_—V syvc Qin 10y*N AZ ( I l Street City I County/State Zip SECTION 8 Will this be stacked with a wine festival/craft distiller festival? ❑Yes Flo SECTION 9 Applicant must be a member of the qualifying organization and authorized by an Officer, Director or Chairperson of the Organization named in Section 1. (Authorizing signature is required in Section 13.) 1.Applicant: i��y S�� �Z�(YYl?� �.\\`�-� " �i �� W 5-23� Last First Middle Date of Birth 2.Applicant's mailing address: �9� c� ] , -IN L Sc Street Cit State Zip 3.Applicant's home/cell phone: kj�L_) (O(o� "" 2��d, Applicant's business phone: (9f�c)) `t ) 4.Applicant's email address: 8/5/14 Page 1 of 4 Individuals requiring ADA accommodations call (602)542-9027. SECTION 10 1. Has the applicant been convicted of a felony, or had a liquor license revoked within the last five (5) years? Dyes �No (If yes,attach explanation.) 2. How many special event licenses have been issued to this location this year? (The number cannot exceed 12 events per year;exceptions under A.R.S.§4-203.02(D).) 3. Is the organization using the services of a promoter or other person to manage the event? Dyes QNo (If yes,attach a copy of the agreement.) 4. List all people and organizations who will receive the proceeds. Account for 100% of the proceeds. The organization applying must receive 25% of the gross revenues of the special event liquor sales. Attach an additional page if necessary. Name cz ` Percentage JI�U Address � 5 N �Oc 1. l rzi` (�2�1E' JVY�C� � 2 Stre t City State Zip Name Percentage Address Street City State Zip 5. Please read A.R.S. §4-203.02 Special event license; rules and R 19-1-205 Requirements for a Special Event License. Note: ALL ALCOHOLIC BEVERAGE SALES MUST BE FOR CONSUMPTION AT THE EVENT SITE ONLY. "NO ALCOHOLIC BEVERAGES SHALL LEAVE SPECIAL EVENT UNLESS THEY ARE IN AUCTION SEALED CONTAINERS OR THE SPECIAL EVENT LICENSE IS STACKED WITH WINE/CRAFT DISTILLERY FESTIVAL LICENSE" 6. What type of security and control measures will you take to prevent violations of liquor laws at this event? (List type and number of police/security personnel and type of fencing or control barriers,if applicable.) Number of Police Number of Security Personnel ❑Fencing ❑Barriers Explanation: (\A z-yAt—yl :�V1ut c'\�s�'S S . All c� �e vJ1w) 40 wm �-6 SECTION 11 Date(s) and Hours of Event. May not exceed 10 consecutive days. See A.R.S. §4-244(15) and (17) for legal hours of service. Date Day of Week Event Start License End Time AM/PM Time AM/PM DAY 1: ocfi 5 10�y '�-UYa2- �j: �O NA ' ' Ss DAY 2: DAY 3: DAY 4: DAY 5: DAY 6: DAY 7: DAY 8: DAY 9: DAY 10: 8/5/14 Page 2 of 4 Individuals requiring ADA accommodations call(602)542-9027. SECTION 12 License premises diagram. The licensed premises for your special event is the area in which you are authorized to sell, dispense or serve alcoholic beverages under the provisions of your license. The following space is to be used to prepare a diagram of your special event licensed premises. Please show dimensions, serving areas, fencing, barricades, or other control measures and security position. NT Co fV-1 zv�� I 1 I 4' �I 8/5/14 Page 3 of 4 Individuals requiring ADA accommodations call(602)542-9027. SECTION 13 This section is to be completed only by an Officer, Director or Chairperson of the organization named in Section 1. � iy,�a'1/` ,)� declare that I am an OFFICER, DIRECTOR, or CHAIRPERSON (Print full name) appointing the applicant listed in Section 9,to apply on behalf of the foregoing organization for a Special Event Liquor License. (Signature) Tifle/Position Date Phone# f The foregoing instrument was acknowledged before me this 1 U G )S)Sta c (1 � `� Day nth Year State r 1 Z-6 V)� County of �� 'C) ' _ My Commission Expires on: 30 &D k-i �L � Date Signature of Not y_ lic SECTION 14 This section is to be completed only by the applicant named in Section 9. A) �!'-zy declare that I am the APPLICANT filing this application as (Print full name) listed in Section 9. 1 have read the application and the contents and all statements are true, correct and complete. (Signature) Title/Position Date Phone# �\�-C ✓ The foregoing instrument was acknowledged before me this [ � goct \ usi- 114 Day Month Year State r CZ&'`nck County of �-na- �"'1 My Commission Expires onrs ,ao n Date Signature of Notary Public The local governing body may require additional applications to be completed and submitted. Please check with local government as to how for in advance they require these applications to be submitted. Additional licensing fees may also be required before approval may be granted. For more information, please contact your local jurisdiction: http://www.azliauor.gov/assets/documents/homer)aae docs/spec event links.pdf. SECTION IS Local Governing Body Approval Section I, recommend ❑APPROVAL ❑ DISAPPROVAL (government official) (Title) on behalf of (City,Town,County) Signature Date Phone FOR DEPARTMENT OF LIQUOR LICENSES AND CONTROL USE ONLY ❑APPROVAL ❑ DISAPPROVAL BY: DATE: 8/5/14 Page 4 of 4 Individuals requiring ADA accommodations call(602)542-9027. PP p►CHE� U Home of the Superstition Mountains '9AIZoNP August 12, 2014 Community Alliance Against Family Abuse Attn: Elizabeth Ditlevson Garman P.O. Box 3778 Apache Junction, AZ 85117 Dear Ms. Ditlevson Garman: Please be advised that your application for a Special Event Liquor License for the Community Action Against Family Abuse for October 25, 2014 at 3301 S. Goldfield Road has been scheduled for a public hearing. The Apache Junction City Council will hold a public hearing on September 2, 2014, at 7:00 p.m. in the City Council Chambers, 300 E. Superstition Blvd., Apache Junction, at which time recommendation for approval or disapproval will be made to be forwarded to Arizona Department of Liquor Licenses and Control. Your attendance is requested should council have any questions on this application. If you have any questions concerning this matter, please contact my office at (480) 982-8002. Sincerely, Kathleen Connelly City Clerk /< • Voice (480) 982-8002 • FAX(480) 982-7018 •TDD (480) 983-0095 • www.ajcity.net 300 E. Superstition Boulevard, Apache Junction, AZ 85119 AUGUST 12, 2014 MEMORANDUM TO: DEPARTMENT OF PUBLIC SAFETY PLANNING DIVISION APACHE JUNCTION FIRE DISTRICT BUILDING DIVISION THROUGH: KATHLEEN CONNELLY, CITY CLERK FROM: JAN MASON, DEPUTY CITY CLERK SUBJECT: APPLICATION FOR A SPECIAL EVENT LIQUOR LICENSE FOR COMMUNITY ALLIANCE AGAINST FAMILY ABUSE (CAAFA) Ms. Elizabeth Ditlevson Garman has submitted an application for a Special Event Liquor License for October 25, 2014 at 3301 S. Goldfield Road, Apache Junction. Please conduct the necessary inspections and submit your recommendation be email by Tuesday, August 19, in order for this item to be placed on the agenda for the City Council meeting of September 2, 2014. Janet Mason From: Dennis Dixon Sent: Wednesday, August 20, 2014 8:04 AM To: Janet Mason Subject: RE: Special event liquor license application for CAAFA We have no objection. From: Janet Mason Sent: Wednesday, August 20, 2014 7:13 AM To: Dennis Dixon Subject: FW: Special event liquor license application for CAAFA Dennis: I have not received a recommendation from your department on this. Please send this morning or it will go into the council packet with no recommendation from your department. Thanks. From:Janet Mason Sent:Tuesday,August 12, 2014 8:52 AM To:Jeff Robinson; Rudy Esquivias; John Suniga (john.suniga@sfmd.az.gov); Dennis Dixon Subject:Special event liquor license application for CAAFA I have received a special event liquor license application from CAAFA for an event on October 25, 2014 at Dolce Vita. Please have your department recommendations to me no later than Tuesday, August 19. Thanks. Jan 1 Janet Mason From: Rudy Esquivias Sent: Tuesday, August 19, 2014 4:19 PM To: Janet Mason;Jeff Robinson;John Suniga Oohn.suniga@sfmd.az.gov); Dennis Dixon Subject: RE: Special event liquor license application for CAAFA Jan: The Planning Division has no concerns with or objections to this one-time special event for CAAFA. The facilities are adequate and similar events in the past have not resulted in any problems of which we are aware. Thanks. CflAcc��5?uivica Senior Planner/Zoning Administrator City of Apache Junction 300 E. Superstition Blvd. Apache Junction, AZ 85119 480-474-2645 resquivias@ajcity.net SERVICE OVER AND ABOVE THE REST (Development Services Department office hours: Monday through Thursday from 7:00am to 6:00pm, closed Fridays and Holidays. ) From: Janet Mason Sent: Tuesday, August 12, 2014 8:52 AM To: Jeff Robinson; Rudy Esquivias; John Suniga oohn.suniga@sfmd.az.gov); Dennis Dixon Subject: Special event liquor license application for CAAFA I have received a special event liquor license application from CAAFA for an event on October 25, 2014 at Dolce Vita. Please have your department recommendations to me no later than Tuesday, August 19. Thanks. Jan 1 Janet Mason From: Jeff Robinson Sent: Monday, August 18, 2014 8:04 AM To: Janet Mason Cc: Thomas Kelly;Troy Mullender Subject: RE: Special event liquor license application for CAAFA Janet, I have completed the requested inspection and found the facility to be adequate for such an event. Therefore the police department has no objection to the application for special event liquor license for Community Alliance Against Family Abuse dated for October 25, 2014. From: Janet Mason Sent: Tuesday, August 12, 2014 8:52 AM To: Jeff Robinson; Rudy Esquivias; John Suniga Oohn.suniga@sfmd.az.gov); Dennis Dixon Subject: Special event liquor license application for CAAFA I have received a special event liquor license application from CAAFA for an event on October 25, 2014 at Dolce Vita. Please have your department recommendations to me no later than Tuesday, August 19. Thanks. Jan 1 Superstition Fire & Medical District ` 565 North Idaho Road, Apache Junction, AZ 85119 Phone (480) 982-4440, Fax(480) 982-0183 www.ajfire.org MEMORANDUM TO: Jan Mason,Deputy City Clerk City of Apache Junction 300 E. Idaho Road Apache Jct.,AZ. 85219 FROM: John Suniga,Deputy Fire Marshal - DATE: August 14, 2014 SUBJECT: Application for Special Event Liquor License for 3301 S. Goldfield The Superstition Fire/Medical District has reviewed the application as noted above regarding the facilities at 3301 S. Goldfield for an event to be held on October 25, 2014. We have recently completed an annual fire and life safety inspection with no major violations found. We therefore would recommend approval of this application. Thank you for your notification on this matter. If you have any further questions regarding this inspection, please feel free to contact my office at 982-1299. Thank You. —S. ATTN: Application ►P�"E�c�, City of Apache Junction, Arizona 300 E Superstition Boulevard = Agenda Item Cover Sheet Apache Junction,AZ _ 85119 Agenda Item No. 14. Piz File ID: 14-416 Sponsor: Bryant Powell Agenda Date: 9/2/2014 Index: In Control: City Council Meeting Presentation, discussion and council direction to staff on the extension of the current .2% city sales tax and an additional .2% sales tax dedicated to fund roadway maintenance and repairs. Consideration and action. City of Apache Junction,Arizona Page 1 Printed on 611512026 ►P�"E�c�, City of Apache Junction, Arizona 300 E Superstition Boulevard z Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No. 15. �Pii File ID: 14-406 Sponsor: Nick Blake Agenda Date: 9/2/2014 Index: In Control: City Council Meeting Presentation and discussion on the city's request for proposals for PR14-03 Landscape Maintenance for Renaissance Point, Arroyo Verde, Phelps Drive Phase I and Phase II, Ironwood Cove, Royal Palm Road, Ironwood Drive and US 60 Exit, Goldfield Road and US 60 Exit, Tomahawk Road and US 60 Exit, Idaho Road and US 60 Exit, Plaza Drive, Old West Highway Median, and North Apache Trail. The current contract is expiring and staff is recommending entering into an agreement with the lowest bidder's base bid, including a 10% contingency, for a period of one (1)year with the option to renew with three (3)additional one-year periods. Presentation and discussion. City of Apache Junction,Arizona Page 1 Printed on 611512026 ►P�"E�c�, City of Apache Junction, Arizona 300 E Superstition Boulevard = Agenda Item Cover Sheet Apache Junction,AZ _ 85119 Agenda Item No. 16. Piz File ID: 14-331 Sponsor: Bryant Powell Agenda Date: 9/2/2014 Index: In Control: City Council Meeting Executive Session at 5:45 P.M. and Work Session at 7:00 P.M. for Monday, September 15, 2014. City of Apache Junction,Arizona Page 1 Printed on 611512026 ►P�"E�c�, City of Apache Junction, Arizona 300 E Superstition Boulevard = Agenda Item Cover Sheet Apache Junction,AZ _ 85119 Agenda Item No. 17. Piz File ID: 14-332 Sponsor: Bryant Powell Agenda Date: 9/2/2014 Index: In Control: City Council Meeting Executive Session at 5:45 P.M. for Tuesday, September 16, 2014. Other meetings if necessary. City of Apache Junction,Arizona Page 1 Printed on 611512026