HomeMy WebLinkAbout2014 08.18 City Council Work Session AgendaCity Council Work Session
City of Apache Junction, Arizona
Agenda
Meeting location:
City Council Chambers
at City Hall
300 E. Superstition Blvd.
Apache Junction, AZ
85119
apachejunctionaz.gov
Ph: (480) 982-8002
City Council Chambers7:00 PMMonday, August 18, 2014
A.CALL TO ORDER
B.ROLL CALL
C.AGENDA ITEMS
1.14-397 Presentation and discussion on 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. Presentation and discussion.
Sponsors:Emile Schmid
Resolution 14-35 Memo to council.pdf
Resolution 14-35 Combined.pdf
Attachments:
2.14-396 Presentation and discussion on a neighborhood road improvement
project. Staff respectfully requests the mayor and city council to
consider a contract for PWC2013-10 Pueblo del Sol Roadway
Improvements - Phase 1, allowing the city to enter into a contract with
Visus, Inc. in an amount not to exceed $269,500.00. Presentation
and discussion.
Sponsors:Emile Schmid
PWC2013-10 Council Memo Award.pdf
PWC2013-10 Contract.pdf
Attachments:
3.14-399 Presentation and discussion on 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 1238 South Goldfield Road,
and at the rear of 1111 and 1132 South Wagonwheel Road.
Presentation and discussion.
Sponsors:Emile Schmid
Res 14-25 Council Memo.pdf
Res 14-25 Exhibit B.pdf
Attachments:
Page 1 City of Apache Junction, Arizona Printed on 6/15/2026
August 18, 2014City Council Work Session Agenda
4.14-400 Presentation and discussion on proposed Resolution No. 14-26,
declaring that portions of public roadway easements located on
Fourteenth Avenue from Wagonwheel 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. Presentation and discussion.
Sponsors:Emile Schmid
Res 14-26 Council Memo.pdf
Res 14-26 Exhibit B.pdf
Attachments:
5.14-390 Presentation and discussion on the 2014/2015 Neighborhood
Partnership Meetings. Presentation and discussion.
Sponsors:Constance Halonen
6.14-391 Presentation and discussion on the Apache Trail Public Information
Plan. Presentation and discussion.
Sponsors:Bryant Powell
Fix Apache Trail - Fact Sheet
Apache Trail Public Information Plan
Attachments:
7.14-393 Discussion on reappointment of board members to the Superstition
Mountains Community Facilities District (SMCFD). Kathleen Waldron
and Jeff Struble have expressed interest in renewing their positions on
the SMCFD Board. Discussion only.
Sponsors:Kathy Connelly
2014 sewer board reappointments
K Waldron reappointment request
J Struble reappointment request
Attachments:
D.ADJOURNMENT
Copies of this agenda and additional information regarding any of the items listed above may be obtained
Monday through Thursdays, 7:00a – 6:00p, excluding holidays, from the City Clerk’s office located at:
300 East Superstition Boulevard, Apache Junction, AZ
If any person with a disability needs any type of accommodation, please notify the Human Resources
Office, at (480) 474-2617 or (480) 983-0095 (TDD) at least 72 hours prior to the scheduled time.
Page 2 City of Apache Junction, Arizona Printed on 6/15/2026
Agenda Item Cover Sheet
City of Apache Junction, Arizona 300 E Superstition
Boulevard
Apache Junction, AZ
85119
File ID: 14-397
Agenda Item No. 1.
Agenda Date: 8/18/2014 Sponsor: Emile Schmid
In Control: City Council Work SessionIndex:
Presentation and discussion on 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. Presentation and discussion.
Page 1 City of Apache Junction, Arizona Printed on 6/15/2026
Public Works Department
City of Apache Junction
Home of the Superstition Mountains
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 F ax (480) 982-8005
RESOLUTION NO. 14-35
PAGE 1 OF 2
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 100% 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 2 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
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 “ADO T”) 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 01D (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 doc umentation 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 init ial 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 respons ible 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 reimbursement s. 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 Agre ement, 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 therewi th 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 th e 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 Transpo rtation 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
SingleAudit@azdot.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 r eference
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 f or 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
Joint Project Administration
205 S. 17th Avenue, Mail Drop 637E
City of Apache Junction
Attn: Giao Pham, P.E.
575 E. Baseline Avenue
Page 6 IGA/JPA 14-0004048-I
Phoenix, Arizona 85007
(602) 712-7124
(602) 712-3132 Fax
Apache Junction, Arizona 85119
(480) 982-1055
(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
By ______________________________
JOHN S. INSALACO
Mayor
STATE OF ARIZONA
Department of Transportation
By ______________________________
DALLAS HAMMIT, P.E.
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
Agenda Item Cover Sheet
City of Apache Junction, Arizona 300 E Superstition
Boulevard
Apache Junction, AZ
85119
File ID: 14-396
Agenda Item No. 2.
Agenda Date: 8/18/2014 Sponsor: Emile Schmid
In Control: City Council Work SessionIndex:
Presentation and discussion on a neighborhood road improvement project. Staff respectfully
requests the mayor and city council to consider a contract for PWC2013-10 Pueblo del Sol
Roadway Improvements - Phase 1, allowing the city to enter into a contract with Visus, Inc. in
an amount not to exceed $269,500.00. Presentation and discussion.
Page 1 City of Apache Junction, Arizona Printed on 6/15/2026
Public Works Department
City of Apache Junction
Home of the Superstition Mountains
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 851 19
Voice (480) 982-1055 FAX (480) 983-5752 or (480) 982-8005
1
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
2
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.
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 3, 2014 as, with completion no later than
November 3, 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
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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.
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
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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
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
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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.
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.
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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.
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.
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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.
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
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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.
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
9
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
such changes shall be effected by written order and shall be binding upon
City and Contractor.
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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,
11
labor disputes, and unusually severe weather or the delays of
subcontractors or material men due to such causes, acts of a public enemy,
war, terrorism or act of terror (including but not limited to bio-terrorism
or eco-terrorism), nuclear radiation, blockade, insurrection, riot, labor
strike or interruption, extortion, sabotage, or similar occurrence or any
exercise of the power of eminent domain of any governmental body on behalf
of any public entity, or a declaration of moratorium or similar hiatus
(whether permanent or temporary) by any public entity directly affecting
the 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
12
be valid unless made in writing and signed by the Parties hereto, and that
oral understandings or agreements not incorporated herein shall not be
binding on the parties. The representatives of the Parties (signatory for
Contractor noted below or his or her designee, and the City Manager, or his
or her designee) shall be authorized to execute future amendments or
extensions of this Agreement.
27. SEVERABILITY: City and Contractor each believe that the
execution, delivery and performance of this Agreement are in compliance
with all applicable laws. However, in the unlikely event that any
provision of this Agreement is declared void or unenforceable (or is
construed as requiring City to do any act in violation of any applicable
laws, including any constitutional provision, law, regulation, or City
Code), such provision shall be deemed severed from this Agreement and this
Agreement shall otherwise remain in full force and effect; provided that
this Agreement shall retroactively be deemed reformed to the extent
reasonably possible in such a manner so that the reformed agreement (and
any related agreements effective as of the same date) provide essentially
the same rights and benefits (economic and otherwise) to the Parties as if
such severance and reformation were not required. Unless prohibited by
applicable laws, the Parties further shall perform all acts and execute,
acknowledge and/or deliver all amendments, instruments and consents
necessary to accomplish and to give effect to the purposes of this
Agreement, as reformed.
28. CONFLICT OF INTEREST: The provisions of A.R.S. § 38-511 relating
to cancellation of contracts due to conflicts of interest shall apply to
this contract.
29. COMPLIANCE WITH FEDERAL AND STATE LAWS: Contractor understands
and acknowledges the applicability of the American with Disabilities Act,
the Immigration Reform and Control Act of 1986 and the Drug Free Workplace
Act of 1989 to the services performed under this Agreement.
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
13
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.
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
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City OF APACHE JUNCTION
an Arizona municipal corporation
________________________________
By: JOHN S. INSALACO
Its MAYOR
ATTEST:
_______________________________
Kathleen Connelly
City Clerk
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
15
STATUTORY PAYMENT BOND PURSUANT TO TITLE 34,
CHAPTER 2, ARTICLE 2, OF THE ARIZONA REVISED STATUTES
(Penalty of this Bond MUST be 100% of the Contract Amount)
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
16
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
17
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 indemnif y 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
18
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
Compensation
$100,000 Each Accident;
$100,000 Each Disease,
$500,000 Disease Policy
Limit
2. Commercial
General
Liability
$1,000,000 Each Occurrence;
$2,000,000 Products
/Completed Operations
Aggregate; $2,000,000
General Aggregate Limit
3. Contractual
Bodily Injury &
Property Damage
$1,000,000 Each Occurrence
4. Professional
Liability
$1,000,000 Each Claim
5. Automobile
Bodily Injury &
Property Damage
$1,000,000 Each Occurrence
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:
Agenda Item Cover Sheet
City of Apache Junction, Arizona 300 E Superstition
Boulevard
Apache Junction, AZ
85119
File ID: 14-399
Agenda Item No. 3.
Agenda Date: 8/18/2014 Sponsor: Emile Schmid
In Control: City Council Work SessionIndex:
Presentation and discussion on 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 1238 South Goldfield Road,
and at the rear of 1111 and 1132 South Wagonwheel Road. Presentation and discussion.
Page 1 City of Apache Junction, Arizona Printed on 6/15/2026
Public Works Department
City of Apache Junction
Home of the Superstition Mountains
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 4th, 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 851 19
Voice (480) 982-1055 Fax (480) 982-8005
033
020
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031A031B
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EXHIBIT "B"
N.
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.
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Agenda Item Cover Sheet
City of Apache Junction, Arizona 300 E Superstition
Boulevard
Apache Junction, AZ
85119
File ID: 14-400
Agenda Item No. 4.
Agenda Date: 8/18/2014 Sponsor: Emile Schmid
In Control: City Council Work SessionIndex:
Presentation and discussion on proposed Resolution No. 14-26, declaring that portions of
public roadway easements located on Fourteenth Avenue from Wagonwheel 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. Presentation and discussion.
Page 1 City of Apache Junction, Arizona Printed on 6/15/2026
Public Works Department
City of Apache Junction
Home of the Superstition Mountains
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 Wagonwheel 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 Wagonwheel 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 16th, 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 851 19
Voice (480) 982-1055 Fax (480) 982-8005
VAQU
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14TH AVENUE
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EXHIBIT "B"
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Agenda Item Cover Sheet
City of Apache Junction, Arizona 300 E Superstition
Boulevard
Apache Junction, AZ
85119
File ID: 14-390
Agenda Item No. 5.
Agenda Date: 8/18/2014 Sponsor: Constance Halonen
In Control: City Council Work SessionIndex:
Presentation and discussion on the 2014/2015 Neighborhood Partnership Meetings.
Presentation and discussion.
Page 1 City of Apache Junction, Arizona Printed on 6/15/2026
Agenda Item Cover Sheet
City of Apache Junction, Arizona 300 E Superstition
Boulevard
Apache Junction, AZ
85119
File ID: 14-391
Agenda Item No. 6.
Agenda Date: 8/18/2014 Sponsor: Bryant Powell
In Control: City Council Work SessionIndex:
Presentation and discussion on the Apache Trail Public Information Plan. Presentation and
discussion.
Page 1 City of Apache Junction, Arizona Printed on 6/15/2026
FIX APACHE TRAILFIX APACHE TRAIL
FACT
The stretch of Apache Trail from Meridian to Idaho Road is in dire
condition. This portion of “The Trail” not only runs through the heart of
the community, it is the heart. We gather and socialize here. We honor our
veterans here. We celebrate our history and heritage here.
FACT
Since 2007, Highway User Revenue Funds (HURF) have decreased from
$7.3 million to $3.8 million. With diminished HURF monies, a supplemental
revenue source must be established. The Apache Junction City Council
will consider increasing the city sales tax from 2.2% to 2.4%. All funds
generated from the .2% increase (approximately 1 million per year) will go
directly to pay for road improvements, with Apache Trail as the priority.
FACT
Apache Junction relies heavily on sales tax since there is not a city property
tax. The current sales tax is 8.9%. If you spend $100 in Apache Junction, the
state receives $5.60 (5.6%), the county receives $1.10 (1.1%) and Apache
Junction receives $2.20 (2.2%); a .2% increase would result in Apache
Junction receiving $2.40 (2.4%).
FACT
The negative economic impact of declining roads, to both the city and its
resident, cannot be overstated. Declining roads are bad for business and
bad for your car.
Seven percent of Arizona’s roads are in poor condition.
Driving on roads in need of repair costs Arizona
motorists $1.2 billion a year in extra vehicle repairs and
operating costs – $247 per motorist.*
*www.tripnet.org/docs/Fact_Sheet_AZ.pdf
More Info? 480-474-5080
ajcity.net/fixapachetrail
Bad roads cost you
$247 a year.
COST NOW - $3 MILLION COST 2020 - $12 MILLION
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Apache Trail Public Information Plan – 2014 1 | Page
City of Apache Junction
Apache Trail Public Information Plan
June 2014
PURPOSE
The purpose of the Apache Trail Public Information Plan is to educate the public about the
proposed improvement project to Apache Trail. It is imperative that the community receive
accurate and timely information in addition to having their concerns addressed. The public
information plan will utilize a variety of communication methods to reach the various target
audiences. The desired outcome is to have an informed and engaged community.
OVERVIEW OF THE PROJECT
All of the streets in Apache Junction are assessed on an annual basis for their Remaining Service
Life (RSL). The distresses are evaluated based on a variety of factors including potholes,
transverse cracking, rideability, etc. A new road has a RSL of 20 years. Prioritizations of which
roads are addressed first include the level of distress, traffic volume, street function, connectivity
and funding. Historically, the funding for roads in Apache Junction came from HURF (Highway
User Revenue Funds). HURF comes from the gas tax which was collected by the State and
proportionately distributed to municipalities. Over the past decade, the state began sweeping
HURF from municipalities, dramatically impacting the street funding in Apache Junction.
Apache Trail is a major thoroughfare for residents and visitors. Additionally, it serves as the
main street and is the only access point for many businesses within Apache Junction. The City of
Apache Junction does not have a property tax; the majority of the budget is funded through sales
tax, sales tax generated by many of the businesses along Apache Trail. As a result, Apache
Trail’s road condition not only adversely impacts residents and businesses, it also adversely
impacts revenue generation for the City.
Due to the current condition of Apache Trail, and the immense impact that Apache Trail has on
the community, it is imperative that the roadway is fixed. With diminished HURF monies, a
supplemental revenue source must be established. The Apache Junction City Council will
consider increasing the city sales tax. Approximately $500,000 would be generated per year with
a .1% increase and a .2% increase would generate approximately $1,000,000 per year. If
Council increases the sales tax, all funds generated from the increase will go directly to pay for
roadway improvements. The first major roadway improvement would be Apache Trail, which
would be repaved from Meridian Road to Idaho Road during the summer of 2015.
Apache Trail Public Information Plan – 2014 2 | Page
OBJECTIVES
Inform the public to further their understanding of the issues
Cultivate informed citizens and partnerships within the community
STRATEGIC APPROACH
Ongoing communication that actively connects the community with facts, using multiple
methods and providing opportunities for questions are essential for a successful public
information plan. Key messages must be developed and delivered to effectively reach the
stakeholders and targeted audiences. Individuals and groups must also have the opportunity to
provide feedback, which will be used to evaluate and enhance the public information plan.
Strategic approaches are outlined below:
Keep city council members informed so they are aware of the status and speak with
citizens as necessary
Work closely with the media so they can help with the information process
Generate information about the project in a variety of formats using consistent key
messages
- Tailor the messages and methods for each audience
- Distribute materials and make contacts in a targeted way
- Respond to comments and concerns
- Promote and appreciate successes and progress
STAKEHOLDERS/TARGET AUDIENCES
Businesses and Residents along Apache Trail
Neighborhood Leaders and Neighborhood Associations
Social and Civic Organizations
Businesses
School District
Fire District
City Employees
City Boards and Commission members
Churches
Citizens
Apache Trail Public Information Plan – 2014 3 | Page
KEY MESSAGES
One of the core components to a successful public information plan is to develop and promote
consistent messages. The key messages will be used to educate and inform the public through a
variety of communication methods.
Roads are the largest investment of the city and road conditions are experiencing a
slow decline
The state has swept funds designated for road repairs
- Highway User Revenue Funds, collected from gas taxes and vehicle registration
fees, was previously distributed across municipalities by the state
- Since 2001, the state has swept $1.7 million of HURF from Apache Junction
Apache Trail is a major thoroughfare and is rapidly deteriorating
- The cost per square yard (SY) to repair in its current condition is $15/SY; versus
$55/SY if we wait 5 years
- Apache Trail is the gateway to many businesses within the community; we are a
city that relies primarily on sales tax. Businesses along Apache Trail provide
much of the sales tax
- Residents are impacted by the wear and tear on their vehicles
A sales tax increase of .1% equates to $0.001 per $1
- Of the total current 8.9% sales tax that an individual sees on a typical purchase,
Apache Junction receives 2.2% ($0.022), the state receives 5.6% ($0.056) and the
county receives 1.1% ($0.011)
- Last year the total combined sales tax rate (state, county and city) was 9.9%; it
dropped to 8.9% with the elimination of the Governor’s temporary 1% state sales
tax increase. A city sales tax increase of .1% would result in a 9 % total sales tax
rate (state, county and city), which is .9% less than last year
COMMUNICATIONS SCHEDULE
The following schedule is an outline of the information plan. As the project progresses,
additional items can be added if needed.
June, 2014
Develop and present Public Information Plan
Develop communication materials (see Action Items – Communication Materials)
July, 2014
Brief council and inform staff
Conduct outreach (see Action Items – Communications)
Apache Trail Public Information Plan – 2014 4 | Page
September, 2014
Council consideration of sales tax increase
Update communication materials (see Action Items – Communication Materials)
Spring, 2015
Construction kickoff outreach (see Action Items – Communications)
Summer, 2015
Construction
Fall, 2015
Post construction outreach (see Action Items – Communications)
Ribbon-cutting
ACTION ITEMS
Communication Materials
Description Lead Deadline
Media release Constance July 1
Video Matt M. July 1
Fact sheet Constance July 1
Handout/flyer Matt M. July 1
Social media blurbs Matt M. July 1
PowerPoint presentation Constance July 1
Construction kick-off media release Constance Spring
Construction kick-off social media blurbs Matt M. Spring
Post construction media release Constance Fall
Post construction video Matt M. Fall
Post construction social media blurbs Matt M. Fall
Communications
Description Lead Deadline
Brief each council member Constance/Bryant July 3
City Employees – Employee Communication Bryant July 3
Website Matt M. July 3
Media outlets Constance Ongoing
Channel 11 Matt M. July 3
Facebook Matt M. Ongoing
Twitter Matt M. Ongoing
Doug Coleman Bryant July 4
Apache Trail Public Information Plan – 2014 5 | Page
Todd House Bryant July 4
Sandi Smith Constance July 4
Board of Adjustments Constance August 15
Construction Code of Appeals Constance August 15
Health & Human Services Commission Constance August 15
Industrial Development Authority Constance August 15
Library Board Spencer August 15
Municipal Property Corporation Kathy August 15
Parks & Recreation Commission Jeff August 15
Planning & Zoning Commission Brenda August 15
Public Safety Retirement Board Constance August 15
AJPOA Chief Kelly August 15
Friends of the Library Spencer August 15
Friends of Apache Junction Roger/CH August 15
AJUSD Board Bryant August 15
AJUSD employees Bryant/CH August 15
SF&MD Board Bryant August 15
SF&MD Bryant/CH August 15
Sewer Board Bryant August 15
CAC Board Bryant August 15
CAC Employees Bryant/CH August 15
AJCC Board Janine August 15
Superstition Business Owners Group Janine August 15
Businesses along Apache Trail Janine August 15
Residents along Apache Trail Constance August 15
MHW Board Bryant August 15
MHW Employees Bryant/CH August 15
Citizen Leadership Institute graduates Constance August 15
Apache Junction Active Adult Center Constance August 15
Rotary Bryant August 15
Boys & Girls Club Board Constance August 15
CAAFA Board Constance August 15
Food Bank Board Constance August 15
Soroptimist Constance August 15
AJ Lions Constance August 15
Kiwanis Constance August 15
Horsemen’s Association CM Wilson August 15
Apache Junction Drug Prevention Coalition CM Rizzi August 15
VFW CM Waldron August 15
Apache Trail Public Information Plan – 2014 6 | Page
American Legion CM Waldron August 15
Elks Constance August 15
Mounted Rangers CH/CM Wilson August 15
SMPC Constance August 15
PD & PCCC Volunteers Chief Kelly August 15
P&R Volunteers Jeff August 15
Library Volunteers Spencer August 15
PW Volunteers Giao August 15
Local Churches Constance August 15
Habitat for Humanity Homeowners Heather/CH August 15
Saguaro Canyon Village Constance August 15
Lennar Homes Constance August 15
Meridian Manor Constance August 15
Apache Junction MHP Constance August 15
Superstition Mobile Village Constance August 15
El Dorado Constance August 15
Happy Days Constance August 15
Countryside RV Constance August 15
Mt. View Mobile Ranch Constance August 15
Roadhaven Resort Constance August 15
Lost Dutchman RV Resort Constance August 15
Apache Villa Constance August 15
Dolce Vita Constance August 15
Rancho Mirage Constance August 15
Meridian MHP Constance August 15
Sundance Constance August 15
Superstition Mountain RV Resort Constance August 15
Rock Shadows Constance August 15
2014/2015 Citizen Leadership Institute Constance Fall
2014/2015 Neighborhood Partnership Meetings Constance Fall
Construction Kickoff Communication - Description Lead Deadline
Businesses along Apache Trail Janine Spring
Residents along Apache Trail Constance Spring
Media outlets Constance Spring
Facebook Matt M. Spring
Twitter Matt M. Spring
Website Matt M. Spring
Apache Trail Public Information Plan – 2014 7 | Page
Post Construction Communication - Description Lead Deadline
Businesses along Apache Trail Janine Fall
Residents along Apache Trail Constance Fall
Website Matt M. Fall
Media outlets Constance Fall
Channel 11 Matt M. Fall
Facebook Matt M. Fall
Twitter Matt M. Fall
2015/2016 Neighborhood Partnership Meetings Constance Fall
2015/2016 Citizen Leadership Constance Fall
Communication Outcomes
Any feedback or concerns that are received during the communication period will be
documented. Additionally, any necessary follow-up and responses to the concerns will also be
documented in conjunction with the evaluation document.
EFFECTIVENESS OF THE PLAN
Evaluation is critical to ensure that the purpose of the public information plan was met. A
detailed document will be kept of the public education activities. The document will include
outreach efforts and track meetings, identify who was involved and the estimated number of
individuals that were reached. Concerns and follow-up will also be tracked. During the outreach
activities, citizens will have the opportunity to provide their contact information to be added to a
communication database.
News articles, letters to the editor and other publications will be monitored for evaluation
purposes and to be aware of public perception.
Agenda Item Cover Sheet
City of Apache Junction, Arizona 300 E Superstition
Boulevard
Apache Junction, AZ
85119
File ID: 14-393
Agenda Item No. 7.
Agenda Date: 8/18/2014 Sponsor: Kathy Connelly
In Control: City Council Work SessionIndex:
Discussion on reappointment of board members to the Superstition Mountains Community
Facilities District (SMCFD). Kathleen Waldron and Jeff Struble have expressed interest in
renewing their positions on the SMCFD Board. Discussion only.
Page 1 City of Apache Junction, Arizona Printed on 6/15/2026
AUGUST 6, 2014
MEMORANDUM TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
THROUGH: GEORGE R. HOFFMAN, CITY MANAGER
BRYANT POWELL, ASSISTANT CITY MANAGER
FROM: KATHLEEN CONNELLY, CITY CLERK
SUBJECT: REAPPOINTMENTS TO SEWER BOARD
(WORK SESSION OF AUGUST 18, 2014; REGULAR
MEETING)
The terms of office for sewer board members Kathleen Waldron and Jeff Struble expired
on July 7, 2014. The sewer board terms are six years per state law.
The city attorney has determined that Mrs. Waldron and Mr. Struble can continue in their
positions and legally act as board members until they are reappointed or their succe ssors
are appointed and take office. Both Mrs. Waldron and Mr. Struble wish to be reappointed.
This item will be placed on your August 18 work session for discussion and your August 19
consent agenda for action.
Janet Mason
From: Bryant Powell
Sent: Wednesday, July 30, 2014 12:04 PM
To: Janet Mason
Cc: George Hoffman; Kathy Connelly; Kathleen Waldron
Subject: Fwd: Reappointment to Sewer Board
Jan
Please see below and please proceed to next steps.
Thanks
Bryant
Sent from my iPhone
Begin forwarded message:
From: Kathleen <nails4u@quixnet.net>
Date: July 30, 2014 at 10:08:21 AM MST
To: Bryant Powell <bpowell@AJCity.Net>
Subject: Reappointment to Sewer Board
To the Mayor and City Council members:
I would like to be reappointed to the District Sewer Board.
Thank you,
Kathleen Waldron
Janet Mason
From: Bryant Powell
Sent: Wednesday, July 30, 2014 12:02 PM
To: Janet Mason
Cc: George Hoffman; Jeff Struble; Kathy Connelly
Subject: Fwd: SMCFD Board
Attachments: image006.png; image007.png; image008.png; image009.png
Jan
Please see below and proceed to next steps.
Bryant
Sent from my iPhone
Begin forwarded message:
From: Jeff Struble <ieff@rhinodreams.com >
Date: July 30, 2014 at 10:15:03 AM MST
To: 'Bryant Powell' <bpowell@AJCity.Net >
Subject: SMCFD Board
Bryant
I would like to submit my name to the Apache Junction City Council to be appointed to the Superstation
Mountain Community Facility District #1 Board of Directors. This is the seat on the board that I currently
hold.
Thank you for your consideration of my request
Jeff Struble
Jeff Struble
Padgett Business Services
PO BOx 31867
Mesa, AZ 85275
480-668-1155
Fax 480-668-1313
www.rhinodreams.com
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