HomeMy WebLinkAbout2020 04.07 City Council Regular Agenda re�c � City of Apache Junction, Arizona Meeting location:
City Council Chambers
at City Hall
Agenda 300 E.Superstition Blvd
\ - g Apache Junction,AZ
\RiZONr 85119
City Council Meeting
apachejunctionaz.gov
Ph:(480)982-8002
Tuesday,April 7,2020 7:00 PM City Council Chambers
A. CALL TO ORDER
B. INVOCATION AND PLEDGE OF ALLEGIANCE
C. ROLL CALL
D. CONSENT AGENDA
The council may, at this time, take single action on any or all items listed as consent agenda items.
These may include, but are not limited to, acceptance of agenda, acceptance of minutes, appointments,
acceptance of resignations and adoption of certain resolutions and other items which do not require a
public hearing. The consent agenda is a timesaving device of which the mayor and city council is to
receive documentation on these items from the city manager for their review prior to the meeting. Any
member of the council may remove any item from the consent agenda for discussion and cause a
separate vote on the matter later in the agenda.
1. 20-175 Consideration of acceptance of agenda.
Sponsors: Jennifer Pena
2. 20-176 Consideration of approval of minutes of the regular meeting of
March 17, 2020.
Sponsors: Jennifer Pena
Attachments: 03.17.20 Minutes
3. 20-183 Consideration of approval of PW2019-53, award of bid to Western
Emulsions, Incorporated for the supply, delivery and application of
asphalt emulsion for chip sealing street maintenance operations in an
amount no to exceed $548.00 per ton. Resulting in a one (1)year
contract which contains the option to renew automatically and
continuously for successive periods of one (1)year and not to exceed
five (5)years and maximum contract value of$750,000.00.
Sponsors: Shane Kiesow
Attachments: PW2019-53 Emulsions RS submittal letter
PW2019-53 Agreement-Western Emulsions
City of Apache Junction,Arizona Page 1 Printed on 611512026
City Council Meeting Agenda April 7,2020
4. 20-184 Consideration of approval of PW2019-54, award of bid to Cholla
Pavement Maintenance for the supply and delivery of pre-coated chip
sealing street maintenance operations in an amount not to exceed
$85.00 per ton. Resulting in a one (1)year contract which contains
the option to renew automatically and continuously for successive
periods of one (1)year and not to exceed five (5)years and maximum
contract value of$500,000.00.
Sponsors: Shane Kiesow
Attachments: PW2019-54 Pre-Coated Chips IRS submittal letter
PW2019-54 Agreement-Cholla
5. 20-185 Consideration of approval of Resolution No. 20-14 authorizing the city
to enter an Intergovernmental Agreement with Maricopa County
Department of Transportation for the design and construction of traffic
signal improvements at the intersection of Meridian Drive and
Baseline Avenue.
Sponsors: Emile Schmid
Attachments: Memo
Resolution No.20-14
Intergovernmental Agreement
Presentation
6. 20-186 Consideration of approval of Resolution No. 20-15 authorizing the city
to enter into an Intergovernmental Agreement with Maricopa County
Department of Transportation for the installation of emergency
services pre-emption equipment at the intersection of Meridian Drive
and Baseline Avenue.
Sponsors: Emile Schmid
Attachments: Memo
Resolution No.20-15
Intergovernmental Agreement
Presentation
E. AWARDS, PRESENTATIONS AND PROCLAMATIONS
Awards,presentations from other organizations,proclamations issued by the mayor, and
acknowledgement of distinguished guests and visitors, and staff presentation of receipt of grant or
donated funds are permitted at this time.
F. ANNOUNCEMENT OF CURRENT EVENTS
The mayor or any member of council may at this time present a brief summary of current events.
However, no discussion shall take place on such items except for clarifying comments related to
substance, time and location.
7. 20-177 Announcement of current events from mayor and councilmembers.
Sponsors: Jeff Serdy
City of Apache Junction,Arizona Page 2 Printed on 611512026
City Council Meeting Agenda April 7,2020
G. CITY MANAGER'S REPORT
The city manager, members of city staff or those individuals designated by the manager may present
information pertinent to items under consideration or information related to the operation of the city.
There shall however be no discussion at this time except for clarification inquiries.
8. 20-178 City Manager's Report.
Sponsors: Bryant Powell
H. PUBLIC HEARINGS
Public hearings required by applicable law shall be conducted by the council and any person shall be
given the opportunity to speak.All remarks shall be addressed to the council as a whole and not to any
member thereof. Such remarks shall be limited to five(5)minutes unless additional time is granted by
the mayor. This time limitation shall not apply to applicants and their agents appearing before the
council.
I. OLD BUSINESS
The council shall consider any business that has been previously considered and which is still
unfinished to include those items previously postponed or tabled. No member of the public shall be
permitted to speak on these items unless invited to do so by the mayor after first submitting a written
request-to-speak form with the city clerk.
J. NEW BUSINESS
The council shall consider any business not yet considered. No member of the public shall be permitted
to speak on these items unless invited to do so by the mayor after first submitting a written
request-to-speak form with the city clerk.
9. 20-168 As required by Apache Junction City Code, Volume I, Chapter 3:
Administration, Article 3-11: Department of the Library, §§ 3-11-1(B),
the city manager is seeking ratification of Pamela Harrison for
appointment to the position of Library Director.
Sponsors: Bryant Powell
K. COUNCIL DIRECTION TO STAFF
This item allows the mayor and city council to direct staff on specifically listed matters.
L. SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES
10. 20-179 Executive Session at 6:00 P.M. and Work Session at 7:00 P.M. for
Monday, April 20, 2020. Executive Session at 6:00 P.M. and Work
Session at 7:00 P.M. for Tuesday, April 21, 2020 in the city council
conference room and city council chambers located at 300 E.
Superstition Boulevard, Apache Junction, Arizona, respectively; and
other meetings if necessary.
Sponsors: Bryant Powell
City of Apache Junction,Arizona Page 3 Printed on 611512026
City Council Meeting Agenda April 7,2020
M. CALL TO PUBLIC
At this time the public has the privilege to address the council with requests, communications,
comments or suggestions relating to city business.All speakers must have already submitted a written
"Request to Speak"form to the city clerk no later than the conclusion of the city manager's report portion
of the agenda. If there is a group speaking on the same item, they should select a spokesperson.All
such remarks shall be addressed to the council as a whole and not to any member thereof. The mayor
is authorized to ask a speaker to stop speaking and leave the podium or to adjourn the meeting if
anyone becomes disorderly, uncivil, makes personal attacks or continues to speak about items that are
not within the jurisdiction of the city after being warned such issues are beyond the jurisdiction of the city
to act. The council may not answer questions of the speaker, discuss the matter with one another, but
may, at the conclusion: 1)respond to criticism by a speaker;2)ask the city manager to review a matter;
3)ask the city manager to place the matter on a future agenda. Each speaker must approach the
podium, speak into the microphone,provide their name and address. There is a three (3)minute time
limit per speaker.
N. ADJOURNMENT
Copies of this agenda and additional information on any of the items listed above may be obtained from
the City Clerk's office located at 300 E Superstition Blvd,Apache Junction,AZ 85119, Monday through
Thursday from 7:00a-6:00p, excluding holidays.
The City of Apache Junction invites and welcomes people of all abilities to use our programs, sites and
facilities. Specific requests may be made by contacting the Human Resources Office at(480)474-2617
or TDD(480) 983-0095.
The Apache Junction City Council may vote to go into Executive Session for legal advice on any item
listed on this agenda pursuant to A.R.S. §38-431.03(A)(3);this notice is given pursuant to A.R.S. §
38-431.02 to the members of the City Council and the public.
City of Apache Junction,Arizona Page 4 Printed on 611512026
City of Apache Junction, Arizona 300 E Superstition
Boulevard
U 2 Agenda Item Cover Sheet Apache Junction,AZ 85119
` Agenda Item No. 1.
Piz File ID: 20-175
Sponsor: Jennifer Pena Agenda Date:4/7/2020
Index: In Control: City Council Meeting
Consideration of acceptance of agenda.
City of Apache Junction,Arizona Page 1 Printed on 611512026
City of Apache Junction, Arizona 300 E Superstition
Boulevard
U 2 Agenda Item Cover Sheet Apache Junction,AZ 85119
` Agenda Item No.2.
Piz File ID: 20-176
Sponsor: Jennifer Pena Agenda Date:4/7/2020
Index: In Control: City Council Meeting
Consideration of approval of minutes of the regular meeting of March 17, 2020.
City of Apache Junction,Arizona Page 1 Printed on 611512026
City of Apache Junction, Arizona Meeting location:
City Council Chambers
r !'
z' Meeting Minutes at City Hall
300 E.Superstition Blvd
Junction,AZ
City Council Meeting Apache85119
www.ajcity.net
Ph: (480)982-8002
Tuesday, March 17, 2020 7:00 PM City Council Chambers
A. CALL TO ORDER
Mayor Serdy called the meeting to order at 7:00 p.m.
B. INVOCATION AND PLEDGE OF ALLEGIANCE
Vice Mayor Wilson gave the invocation and Councilmember Rizzi led the meeting attendees in
the Pledge of Allegiance.
C. ROLL CALL
Present: 7- Mayor Serdy
Vice Mayor Wilson
Councilmember Barker
Councilmember Evans
Councilmember Rizzi
Councilmember Schroeder
Councilmember Struble
Staff in Attendance:
Bryant Powell, City Manager
Matt Busby, Assistant City Manager
Joel Stern, City Attorney
Jennifer Pena, City Clerk
Jill Bright, Deputy City Clerk
Al Bravo, Public Information Officer
Larry Kirch, Development Services Director
Liz Langenbach, Parks & Recreation Director
Nicholas Leftwich, Planning Intern
Thomas Kelly, Chief of Police
Rudy Esquivas, Planning Manager
D. CONSENT AGENDA
Councilmember Barker moved,seconded by Councilmember Evans to approve the consent
agenda,to approve the minutes of March 3,2020,to approve the intergovernmental agreement
with ADOT for the design and construction of bicycle and pedestrian improvements on Idaho
Road from Superstition Blvd.to McKellips Blvd.,to approve Resolution No.20-06 an
intergovernmental agreement with American Charter Schools Foundation to provide a grant
funded sch000l resource officer at Apache Trail High School,to approve an agreement with
Arizona Department of Homeland Security for Fiscal Year 2017 reallocation funds in the amount
of$21,140 to purchase handheld radios for the police department and to approve Resolution No.
20-03 authorizing the city to enter into an intergovernmental facilities use agreement with Apache
Junction Unified School District to extend recreational and educational related services and
City of Apache Junction,Arizona Page 1
City Council Meeting Meeting Minutes March 17,2020
programs to the community and for joint or cooperative activities.
2. 20-123 Consideration of approval of minutes of the regular meeting of March 3, 2020.
Yes: 7- Mayor Serdy, Vice Mayor Wilson, Councilmember Barker, Councilmember
Evans, Councilmember Rizzi, Councilmember Schroeder and Councilmember
Struble
No: 0
3. 20-075 Consideration of approval of Intergovernmental Agreement with ADOT for the
design and construction of Bicycle and Pedestrian Improvements on Idaho
Road from Superstition Blvd. to McKellips Blvd.
Yes: 7- Mayor Serdy, Vice Mayor Wilson, Councilmember Barker, Councilmember
Evans, Councilmember Rizzi, Councilmember Schroeder and Councilmember
Struble
No: 0
4. 20-103 Consideration of approval of proposed Resolution No. 20-06, authorizing the
City of Apache Junction Police Department to enter into an intergovernmental
agreement with American Charter Schools Foundation to provide a grant
funded school resource officer at Apache Trail High School.
Yes: 7- Mayor Serdy, Vice Mayor Wilson, Councilmember Barker, Councilmember
Evans, Councilmember Rizzi, Councilmember Schroeder and Councilmember
Struble
No: 0
5. 20-117 Consideration of approval of agreement with the Arizona Department of
Homeland Security for fiscal year 2017 reallocation funds in the amount of
$21,140.00 to purchase handheld radios for the Apache Junction Police
Department.
Yes: 7- Mayor Serdy, Vice Mayor Wilson, Councilmember Barker, Councilmember
Evans, Councilmember Rizzi, Councilmember Schroeder and Councilmember
Struble
No: 0
6. 20-146 Consideration of approval of Resolution No. 20-03 authorizing the City of
Apache Junction to enter into an intergovernmental facilities use agreement
with the Apache Junction Unified School District to extend recreational and
educational related services and programs to the community and for joint or
cooperative activities.
Yes: 7- Mayor Serdy, Vice Mayor Wilson, Councilmember Barker, Councilmember
Evans, Councilmember Rizzi, Councilmember Schroeder and Councilmember
Struble
No: 0
E. AWARDS, PRESENTATIONS AND PROCLAMATIONS
7. 20-119 Presentation of proclamation recognizing April 2020 as Fair Housing Month.
City of Apache Junction,Arizona Page 2
City Council Meeting Meeting Minutes March 17,2020
Mayor Serdy proclaimed April 2020 as Fair Housing Month and presented a proclamation to Larry
Kirch.
8. 20-137 Presentation of proclamation recognizing March 13, 2020 as Grant
Professionals Day.
Mayor Serdy proclaimed March 13,2020 as Grant Professionals Day and presented a
proclamation to Larry Kirch.
F. ANNOUNCEMENT OF CURRENT EVENTS
9. 20-124 Announcement of current events from mayor and councilmembers.
Councilmember Struble has none.
Councilmember Evans has none.
Vice Mayor Wilson attended the antique tractor show. It was well attended and the ice cream
was fantastic.
Councilmember Barker attended an appreciation dinner for the police department hosted by the
Elks Lodge. It was not well attended and it will be done again on September 11th when more
can attend.
Councilmember Schroeder apologizes for missing the Water Board meeting and wishes
everyone a happy St. Patricks Day.
Councilmember Rizzi has none.
Mayor Serdy announced that the city will be closing the library until further notice. The
multigenerational center will follow suite eventually. He explained that when it comes to private
companies, the city cannot tell them what to do so they will stay open at their own discrestion.
G. CITY MANAGER'S REPORT
10. 20-125 City Manager's Report.
City Manager Bryant Powell shared that the library director, Spencer Paden, is recommending
closure of the city's library. Most other libraries around the valley have already closed. Our
library will continue to provide limited services through the drive thru and online. Final closure
plans related to the multigenerational center will follow over the next week. Judge Hazel reports
that the municipal court will remain open. The water district will not be disconnecting services
for anyone and encourages residents to pay online. The water is still safe and drinkable.
Mr. Powell read a letter from a marine regarding the Apache Junction Police Department. The
marine stated that he was here visiting and was very proud to see our police department
working hard and looking nice in their uninforms. He is considering now moving to Apache
Junction.
11. 20-015 Introduction of and discussion with Pinal County Assessor Douglas Wolf.
Pinal County Assessor Douglas Wolf thanked Mayor Serdy for inviting him.
Mr. Wolf explained that government must go on and we will overcome whatever comes to the
City of Apache Junction,Arizona Page 3
City Council Meeting Meeting Minutes March 17,2020
American people. This virus will not slow us down. He gives kudos to everyone here tonight.
Mr. Wolf stated that he has been in office since 2012. The assessor's office has 56 employees
and has 270,000 parcels in Pinal County. Only 15% of the land is privately owned. Their budget
is $4,000,000 annually. He explained that there is an 18 month lag in the reporting of property
values.
Mr. Wolf stated that the assessor's office does all of splits and combos in the county. Their
office is swamped right now and has been for the last 18 months so they are running a 4 week
turn around currently.
Mr. Wolf explained that economic development on the business side is great right now, along
with the residential sales.
H. PUBLIC HEARINGS
12. 20-140 Presentation, discussion, public hearing and consideration of proposed
Ordinance No. 1489, case PZ-2-20, a proposed corrective rezoning of lots 1-8
and 17-23 of the Superstition Villa Subdivision from RS-7 (Medium/High
Density Single-Family Detached Residential)to RM-1 (High Density
Multiple-Family Residential)for the purpose of re-aligning the zoning
designation with the subject site's current and historic land use.
Vice Mayor Wilson moved,seconded by Councilmember Evans to have Ordinance No. 1489 be
read by title only and the reading of the entire ordinance be waived.
Vice Mayor Wilson moved,seconded by Councilmember Rizzi that Ordinance No. 1489,as read
by the city clerk, be approved and adopted.
Yes: 7- Mayor Serdy, Vice Mayor Wilson, Councilmember Barker, Councilmember
Evans, Councilmember Rizzi, Councilmember Schroeder and Councilmember
Struble
No: 0
Nick Leftwich, planning intern, presented a map of the existing zoning map and the request to
rezone this area from RS-7 to RM-1 so this property can meet its potential land use.
Mayor Serdy opened the public hearing.
Resident Donna Carr asked if this would get rid of the duplexes in that area.
Mr. Leftwich replied no it would not.
13. 20-111 Consideration of application for a bingo license for Sunrise RV Resort, 1403
W. Broadway Ave., Apache Junction, Arizona. Representatives of Sunrise RV
Resort are requesting council's approval of the application so they can hold
bingo games within the park for the benefit of its residents. City Council
recommendations will be forwarded to the Arizona Department of Revenue for
their final action.
Councilmember Rizzi moved,seconded by Councilmember Struble to approve the application for
a class A bingo license for Sunrise RV Resort, located at 1403 W. Broadway Avenue.
City of Apache Junction,Arizona Page 4
City Council Meeting Meeting Minutes March 17,2020
Yes: 7- Mayor Serdy, Vice Mayor Wilson, Councilmember Barker, Councilmember
Evans, Councilmember Rizzi, Councilmember Schroeder and Councilmember
Struble
No: 0
City Clerk Jennifer Pena, explained that a Class A bingo licenses are for recreational use only.
Ms. Pena stated that the fire district, the police department, the building division and the planning
division have all approved this license.
14. 20-139 Public hearing and request for continuance of proposed case PZ-1-20, Old
West Highway Village. Applicant is requesting additional time to supplement
their current application with additional details, plans and information.
Councilmember Barker moved,seconded by Vice Mayor Wilson to continue the public hearing of
PZ-1-20 to the planning and zoning meeting of April 14,2020 and then the city council meeting of
May 5,2020.
Yes: 7- Mayor Serdy, Vice Mayor Wilson, Councilmember Barker, Councilmember
Evans, Councilmember Rizzi, Councilmember Schroeder and Councilmember
Struble
No: 0
Nick Leftwich, planning intern, explained that this application was received by the city and it was
determined that more information was needed before fully processing the application. Therefore,
the applicant is requesting more time to get the needed information and details.
I. OLD BUSINESS
J. NEW BUSINESS
K. COUNCIL DIRECTION TO STAFF
L. SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES
15. 20-126 Executive Session at 6:00 P.M. and Work Session at 7:00 P.M. for Monday,
April 6, 2020. Executive Session at 6:00 P.M. and Work Session at 7:00 P.M.
for Tuesday, April 7, 2020 in the city council conference room and city council
chambers located at 300 E. Superstition Boulevard, Apache Junction,
Arizona, respectively; and other meetings if necessary.
Councilmember Evans moved,seconded by Vice Mayor Wilson that an Executive Session at 6:00
P.M.and Work Session at 7:00 P.M.for Monday,April 6,2020 and that an Executive Session at
6:00 P.M.and Work Session at 7:00 P.M.for Tuesday,April 7,2020 be held in the city council
conference room and city council chambers located at 300 E.Superstition Boulevard,Apache
Junction,Arizona, respectively; and other meetings if necessary.
Yes: 7- Mayor Serdy, Vice Mayor Wilson, Councilmember Barker, Councilmember
Evans, Councilmember Rizzi, Councilmember Schroeder and Councilmember
Struble
No: 0
M. CALL TO PUBLIC
Donna Carr stated she is here to learn more about politics. She asked Mayor Serdy if he was on
City of Apache Junction,Arizona Page 5
City Council Meeting Meeting Minutes March 17,2020
the board for the airport. She is wondering if he threw money at the SR24. She does not want AJ
to get bigger. She said the 24 was never going to come in to AJ but now it is. She would like
Geroge to know that there are programs that residents can use to get help and just needs to go
to Development Services to ask.
George Schroeder stated that an individual officer will determine what to do about noise
complaints. In regards to trash, he said his money is being played with and it is not going to
work. He said cans are being put at empty lots. There will be an injunction coming to Mr. Powell
to stop this process as it is unamerican to do this to people. He has meetings with homeland
security to get these people out of our community. He said he knows the city better then anyone
and he will get these people out of here.
N. ADJOURNMENT
Mayor Serdy adjourned the meeting at 7:46 pm.
ACCEPTED THIS DAY OF 2020, BY THE MAYOR
AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA.
SIGNED AND ATTESTED TO THIS DAY OF 12020.
JEFF SERDY
Mayor
ATTEST:
JENNIFER PENA
City Clerk
CITY COUNCIL MINUTES
CERTIFICATION
I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the
regular meeting of the City Council of the City of Apache Junction, Arizona, held on the
day of , 2020. I further certify that the meeting was duly
called and held and that a quorum was present.
Dated this day of 2020.
JENNIFER PENA
City Clerk
City of Apache Junction,Arizona Page 6
City of Apache Junction, Arizona 300 E Superstition
Boulevard
U = Agenda Item Cover Sheet Apache Junction,AZ 85119
` • Agenda Item No. 3.
�Piz File ID: 20-183
Sponsor: Shane Kiesow Agenda Date:4/7/2020
Index: In Control: City Council Meeting
Consideration of approval of PW2019-53, award of bid to Western Emulsions, Incorporated
for the supply, delivery and application of asphalt emulsion for chip sealing street maintenance
operations in an amount no to exceed $548.00 per ton. Resulting in a one (1)year contract
which contains the option to renew automatically and continuously for successive periods of
one (1)year and not to exceed five (5)years and maximum contract value of$750,000.00.
City of Apache Junction,Arizona Page 1 Printed on 611512026
�PQpCNF✓
ti Public Works Department
U Z
Home of the Superstition Mountains
gHIZON
Date: March 24, 2020
To: Mayor and Members of the City Council
Through: Bryant Powell, City Manager
Mike Wever, Public Works Director
From: Shane Kiesow, Public Works Manager
Subject: Consideration of PW2019-53 Award of Bid
A recent request for bids was conducted for asphalt emulsion to be used for in-house street
maintenance chip seal operations. This work is in support of city's FY20 CIP & Street
Maintenance Plan. The bid opening was held on Thursday, December 19, 2019 at 2:00 p.m.
where the following bid proposals were received. All bid proposals were reviewed for
responsibility and responsiveness, proven technical ability/merit, financial viability and pricing.
Staff requests city council to give consideration of award of contract to Western Emulsions.
Cholla Pavement Maintenance $645/ton
Cactus Asphalt $655/ton
Western Emulsions $548/ton
Public Works came before city council to present/discuss this bid and staff recommendation on
March 16th. Resulting one year contract after renewals could attain a maximum value of
$750,000 over the five year term. The city performs on average of $200,000 worth of chip seal
maintenance a year.
575 E. Baseline Avenue, Apache Junction, AZ 85219
• Voice (480) 982-1055 # FAX (480) 983-5752 or (480) 982-8005
CITY OF APACHE JUNCTION
AGREEMENT FOR CHIP SEAL EMULSION
PROJECT NO. PW2019-53
THIS AGREEMENT made and entered into by and between the CITY OF
APACHE JUNCTION ("City"), an Arizona municipal corporation, and WESTERN
EMULSIONS, an Arizona corporation ("Contractor"), who shall be collectively
referred to as the "Parties", or individually as a "Party".
RECITALS
A. Contractor has responded to City's request for bids (the "RFB" and
response both being considered the"Contract Documents")via RFB No. "PW2019-
53 Chip Seal Emulsion," in which Contractor asserts its willingness, ability and
qualifications to provide this work and service (hereinafter referred to as the
"Work").
B. City and Contractor desire to set forth herein their respective
responsibilities and the manner and terms upon which Contractor shall render the
Work.
C. City has complied with the public bidding requirements under Arizona
Revised Statutes Title 34 and Apache Junction City Code, Vol. I, Chapter 3:
Administration, Article 3-7: Procurement Procedures.
D. The "Contract Documents" include this Agreement and all applicable
bid solicitation and responses, including but not limited to any bond and insurance
forms.
AGREEMENT
NOW, THEREFORE, City retains Contractor to perform, and Contractor
agrees to render the services in accordance with the terms and conditions setforth
as follows:
1. PROJECT DESCRIPTION: Contractor shall do and perform or cause to
be done and performed in a good workmanlike manner, the Work in accordance
with the Contract Documents as fully described in the Notice Inviting Bids for
Project No. PW2019-53, on file with the public works department,which includes all
required specifications.
2. PRICES: Prices shall be governed under Exhibit A for the performance
of the work under the Contract Documents.
3. PAYMENTS: Payment will be made by the city within thirty (30) calendar
days after completion and acceptance of the Work. Total amount of this Agreement
shall not exceed $750,000.00.
4. CONTRACT TERM: The Term of this Agreement shall be from the date of
written notice of the acceptance of Contractor's Bid submittal by the city council to
June 30, 2021. The Agreement will be renewed automatically and continuously for
successive periods of one (1) year, not to exceed five (5) years from the original
execution of this Agreement as long as City budgets for and appropriates funds for
the successive renewal terms.
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, 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
agrees that inspection of the Work performed hereunder will occur by City.
Contractor agrees that City will have the exclusive right to determine, in its sole
discretion,whether the Work has been performed in accordance with the Contract
Documents. Contractor further agrees to make such corrections to the Work as
may be directed by City to conform to said Contract Documents.
7. WARRANTY: Contractor shall guarantee the Work against defective
workmanship or materials for a period of one (1) year from the date of its final
acceptance under the contract, ordinary wear and tear and unusual abuse or
neglect excepted. Any omission on the part of City to condemn defective Work at
the time of inspection of the Work shall not be deemed an acceptance and
Contractor will be required to correct defective Work at any time before
acceptance. Within one (1) year from the date of acceptance due to faults in
workmanship or materials, Contractor shall begin making the necessary repairs to
the satisfaction of City within fourteen (14)calendar days of receipt of written notice
from City. Such work shall include the repair or replacement of other work or
materials damaged or affected by making the above repairs or corrective work all
at no additional cost to City. In the case of work materials or equipment for which
warranties are required by the special provisions of the Contract Documents,
Contractor shall provide or secure from the appropriate subcontractor or supplier
such warranties addressed to and in favor of City and deliver same to City prior to
final acceptance of the Work. Delivery of such warranties shall not relieve
Contractor from any obligation assumed under any other provision of the contract.
The warranties and guarantees provided in this subsection of the Contract
Documents shall be in addition to and not in limitation of any other warrantees,
guarantees or remedies required by law, and shall survive the expiration of this
Agreement for the time period mentioned above.
2
8. TAXES: Contractor shall pay all license, sales, consumer, use and other
similar taxes for the Work or portions thereof provided by Contractor which are
legally enacted at the time bids are received whether or not yet effective or
subsequently applicable due to acts of jurisdictions or bodies other than City.
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. City permits for this Work will be provided to Contractor at no cost.
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 and after termination of this Agreement any time Work is
performed pursuant to the warranty provisions set forth in Section 7. Contractor
also acknowledges thatthe tax provision of the Apache Junction Tax Code, Chapter
8A, may also apply and if so,shall obtain a transaction privilege license and/or other
licenses as may be required by the city code. Any activity by subcontractors within
the corporate city limits will invoke the same licensing regulations on any
subcontractors, and Contractor ensures its subcontractors will obtain any and all
applicable licenses. Further, Contractor agrees to pay all applicable privilege and
use taxes that are applicable to the activities, products and services provided
under this Agreement.
10. 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 directthe delivery of the materials using its best skill
and attention. Except as provided in this Agreement, Contractor shall be solely
responsible for all means, methods, techniques, sequences and procedures, and
for coordinating all portions of the Work required by the contract documents.
Contractor shall be responsible to City for the acts and omissions of its employees.
11. 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 superintendent shall be designated for each project and communicated to City
3
before Work is performed.
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
only from the negligent, intentional or reckless acts, errors, mistakes, omissions,
Work or services of Contractor, its agents, employees, or any tier of Contractor's
subcontractors in the performance of this Agreement. Contractor's duty to defend,
hold harmless and indemnify City, its special districts, elected and appointed
officers, officials, agents, and employees shall arise in connection with any tortious
claim, damage, loss or expense that is attributable to bodily injury, sickness,
disease, death, or injury to, impairment, or destruction of property including loss of
use resulting therefrom, only caused, by a Contractor's negligent, intentional, or
reckless 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. ENFORCED DELAYS(FORCE MAJEURE): Neither City nor Contractor,as
the case may be, shall be considered not to have performed its obligations under
this Agreement in the event of enforced delay (an "Enforced Delay") due to causes
beyond its control and without its fault or negligence or failure to comply with
applicable laws, including, but not restricted to, acts of God, fires, floods,
epidemics, pandemics, quarantine, restrictions, embargoes, labor disputes, and
unusually severe weather or the delays of subcontractors or materialmen due to
such causes, acts of a public enemy, war, terrorism or act of terror (including but
not limited to bio-terrorism or eco-terrorism), nuclear radiation, blockade,
insurrection, riot, labor strike or interruption, extortion, sabotage, or similar
occurrence or any exercise of the power of eminent domain of any governmental
body on behalf of any public entity, or a declaration of moratorium or similar hiatus
(whether permanent or temporary) by any public entity directly affecting the
Project. In no event will Enforced Delay include any delay resulting from
unavailability for any reason of labor shortages, or the unavailability for any reason
of particular consultants, subcontractors, vendors or investors desired by
Contractor in connection with the Project. Contractor agrees that Contractor alone
will bear all risks of delay which are not Enforced Delay. In the event of the
occurrence of any such Enforced Delay, the time or times for performance of the
obligations of the Party claiming delay shall be extended for a period of the
Enforced Delay; provided, however, that the Party seeking the benefit of the
provisions of this Section shall, within thirty (30) calendar days after such Party
knows or should know of any such Enforced Delay,first notify the other Party of the
specific delay in writing and claim the right to an extension for the period of the
Enforced Delay; and provided further that in no event shall a period of Enforced
4
Delay exceed ninety (90) calendar days.
14. GOVERNING LAW AND VENUE: The terms and conditions of this
Agreement shall be governed by and interpreted in accordance with the laws of the
State of Arizona. Any action at law or in equity brought by either Party for the
purpose of enforcing a right or rights provided for in this Agreement, shall be tried
in a court of competent jurisdiction in Pinal County, State of Arizona. The Parties
hereby waive all provisions of law providing for a change of venue in such
proceeding to any other county. In the event either Party shall 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 minimum insurance and other additional requirements setforth herein.
All insurance required herein shall be maintained in full force and effect until all
work or service required to be performed under the terms of the Agreement is
satisfactorily completed and formally accepted; failure to do so may, at the sole
discretion of City constitute a material breach of this Agreement.
Contractor's insurance shall be primary insurance as respect to City, and any
insurance or self-insurance maintained by City shall not contribute to it.
Any failure to comply with the claim reporting provisions of the insurance policies or
any breach of an insurance policy warranty shall not affect coverage afforded
under the insurance policies to protect City.
The insurance policies, except Workers' Compensation, shall contain waiver of
transfer rights of recovery (subrogation) against City, its agents, officers, officials
and employees for any claims arising out of Contractor's acts, errors, mistakes,
omissions, work or services.
The insurance policies may provide coverage which contains deductibles or self-
insured retentions. Such deductible and/or self-insured retentions shall not be
applicable with respect to the coverage provided to City under such policies.
Contractor shall be solely responsible for the deductible and/or self-insured
retention and City, at its option, may require Contractor to secure payment of such
deductibles or self-insured retentions by a Surety Bond or an irrevocable and
unconditional letter of credit.
City reserves the right to request and to receive within ten (10) working days,
certified copies of any or all of the herein required insurance policies and/or
endorsements. City shall not be obligated, however, to review same or to advise
5
Contractor of any deficiencies in such policies and endorsements, and such receipt
shall not relieve Contractor from, or be deemed a waiver of City's right to insist on
strict fulfillment of Contractor's obligations under this Agreement.
The insurance policies, except Workers' Compensation, required by this
Agreement, shall name City, its agent, officers, officials and employees as
additional insured parties.
REQUIRED COVERAGE
Commercial General Liability
Contractor shall maintain Commercial General Liability insurance with a limit of not
less than $1,000,000 for each occurrence with a $2,000,000 Products/Completed
Operations Aggregate and a$2,000,000 General Aggregate Limit. The policy shall
include coverage for bodily injury, broad form property damage, personal injury,
products and completed operations and blanket contractual coverage including,
but not limited to,the liability assumed under the indemnification provisions of this
Agreement which coverage will be at least as broad as Insurance Service Office,
Inc. Policy Form CG 00011-93 or the equivalent thereof. In addition, automobile
liability coverage of at least$1 million per occurrence or a combined single limit of
at least $1,000,000 is required. The auto liability policy should contain
endorsements for hired autos, non-owned autos and scheduled vehicles, as
applicable to the Contractor's business.
Such policy shall contain a severability of interest provision, and shall notcontain a
sunset provision or commutation clause, nor any provision which would serve to
limit third party action over claims.
The Commercial General Liability additional insured endorsement shall be at least
as broad as the Insurance Service Office Inc.'s Additional Insured, Form CG
20101185, or the equivalent thereof, 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, City and Contractor's
Protective Liability insurance policy for bodily injury and property damage,
including death, which may arise in the prosecution of the Contractor's work,
service or operations under this Contract. Coverage shall be on an occurrence
basis with a limit not less than $1,000,000 per occurrence, and the policy shall be
issued by the same insurance company that issues Contractor's General Liability
insurance.
Workers' Compensation (Not Applicable to Sole Proprietorships)
Contractor shall carry Workers' Compensation insurance to cover obligations
6
imposed by federal and state statutes having jurisdiction of Contractor's employees
engaged in the performance of the work or services; and Employer's Liability
insurance of not less than $100,000 for each accident, $100,000 disease for each
employee, and $500,000 disease policy limit.
In case any work is subcontracted, Contractor will require subcontractor to provide
Workers' Compensation and Employer's Liability to at least the same extent as
required of Contractor.
CERTIFICATE OF INSURANCE
Prior to commencing work or services under this Agreement, Contractor shall
furnish the City with Certificates of Insurance, or formal endorsements as required
by Agreement, issued by Contractor's insurer(s), as evidence that policies
providing the required coverages,conditions and limits required by this Agreement
are in full force and effect.
In the event any insurance policies required by this Agreement are written on a
"claims made" basis, coverage shall extend for two (2) years past completion and
acceptance of the Contractor's work or services and as evidenced by annual
Certificates of Insurance, to be filed with the City Clerk of City.
If a policy does expire during the life of the Agreement, a renewal certificate must
be sent to City thirty (30) calendar days prior to the expiration date. All Certificates
of Insurance shall be identified with bid serial number and title.
Insurance required herein shall not expire, be canceled, or materially changed
without thirty (30) calendar days' prior written notice to City.
16. CHANGE ORDERS: A change order is a written order to Contractor,
approved by the City representative, issued after execution of this Agreement
authorizing a change in the Work or an adjustment in the agreement sum or the
agreement time. A change order signed by Contractor indicates his agreement
therewith. City may, without invalidating this Agreement, order changes in the
Work within the general scope of the Agreement consisting of additions, deletions
or other revisions, the agreement sum and this 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 Agreement. The City
representative shall have authority to order minor changes in the Work not involving
an adjustment in the Agreement sum or extension of the Agreement time and not
inconsistent with the intent of this Agreement. All such changes shall be effected by
written order and shall be binding upon City and Contractor. All change order
disagreements of the Contractor shall be submitted in writing to the City Manager
within five (5) calendar days after the difference of opinion or grievance occurs.
Within five (5) calendar days of receiving a written grievance,the City Manager shall
respond in writing to the Contractor and city staff representative. The City
Manager's decision shall be final and binding.
7
17. SUCCESSORS,ASSIGNMENT&DELEGATION: 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 or delegate the duties hereunder,
without the written consent of the other, nor shall Contractor assign any monies due
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. PAYMENT&PERFORMANCE BONDS: City shall have the right to require
Contractor to furnish bonds covering the faithful performance of the contract and
the payment of all obligations arising hereunder. Standard bond forms shall be
completed by Contractor (and are considered to be included in the Contract
Documents) and Contractor agrees to conform to all provisions set forth in such
forms.
21. SAFETY: Contractor and/or its subcontractors shall be solely responsible
for job safety at all times.
22. RIGHTS & REMEDIES: The duties and obligations imposed by the
Contract Documents and the rights and remedies available hereunder shall be in
addition to and not a limitation of any duties, obligations, rights and remedies
otherwise imposed or available by law. No action or failure to act by City or
Contractor shall constitute a waiver of any right or duty afforded any of them under
the contract, nor shall any action or failure to act constitute an approval of or an
acquiescence to any breaches hereunder except as may be specifically agreed to
in writing.
23. TERMINATION OF CONTRACT: If,for any reason, Contractor shall fail to
fulfill in a timely and proper manner his/her obligations under the contract, or if
Contractor shall violate any of the covenants, agreements, or stipulations of the
contract, City shall thereupon have the right to terminate the contract by giving
written notice to Contractor of such termination and specifying the effective date
thereof.
8
Notwithstanding the above, Contractor shall not be relieved of liability to City for
damages sustained by City by virtue of any breach of the contract by Contractor.
City may terminate the contract at any time by giving at least twenty-four (24) hours
notice in writing to Contractor. If the contract is terminated by City as provided
herein, Contractor will be paid for the time expended and expenses incurred up to the
termination date.
24. APPEALS: All contractual grievances shall be submitted in writing to
City Manager within five (5) calendar days after the difference of opinion or
grievance occurs relating to any of the provisions of the terms of this Agreement.
Within five (5) calendar days of receiving a written grievance,the City Manager shall
respond in writing to the company. The City Manager's decision shall be final and
binding, subject only to a further appeal in the Pinal County Superior Court pursuant
to A.R.S. § 12-901, et seq.
25. RECORDS: Records of Contractor's labor, payroll and other costs
pertaining to this Agreement shall be kept on a generally recognized accounting
basis and made available to City for inspection on request. Contractor shall
maintain records for a period of at least two (2) years after termination of this
Agreement, and shall make such records available during that retention period for
examination or audit by City personnel during regular business hours.
26. AMENDMENT: It is mutually understood and agreed that no alteration or
variation of the terms and conditions of this Agreement shall be valid unless made in
writing and signed by the Parties hereto, and that oral understandings or
agreements not incorporated herein shall not be binding on the parties. The
representatives of the Parties (signatory for Contractor noted below or his or her
designee, and the City Manager, or his or her designee) shall be authorized to
execute future amendments or extensions of this Agreement.
27. ENTIRE AGREEMENT: This Agreement and any attachments represent
the entire agreement between City and Contractor and supersede all prior
negotiations, representations or agreements, either express or implied, written or
oral. It is mutually understood and agreed that no alteration or variation of the
terms and conditions of this Agreement shall be valid unless made in writing and
signed by the parties hereto. Written and signed amendments shall automatically
become part of the supporting documents, and shall supersede any inconsistent
provision therein; provided, however, that any apparent inconsistency shall be
resolved, if possible, by construing the provisions as mutually complementary and
supplementary.
28. 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
9
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.
29. TIME IS OF THE ESSENCE: Time is of the essence with respect to all
provisions in this Agreement. Any delay in performance by either Party shall
constitute a material breach of this Agreement.
30. 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.
31. PROHIBITION TO CONTRACT WITH CONTRACTORS WHO ENGAGE IN
BOYCOTT OF THE STATE OF ISRAEL: The Parties acknowledge A.R.S. §§ 35-393
through 35-393.03, as amended, which forbids public entities from contracting with
Contractors who engage in boycotts of the State of Israel. Should Contractor under
this Agreement engage in any such boycott against the State of Israel, this
Agreement is automatically terminated. Any such boycott is a material breach of
contract and will subject Contractor to monetary damages, including but not limited
to, consequential and liquidated damages.
32. 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 warranttheir 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 subjectto a penalty of
$100 per day for the first violation, $500 per day for the second violation, and$1,000
10
per day for the third violation. City at its option may terminate this Agreement after
the third violation. Contractor shall not be deemed in material breach of this
Agreement if 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
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.
33. COOPERATIVE USE OF CONTRACT: City has entered into various
cooperative purchasing agreements with other Arizona government agencies,
including the Strategic Alliance for Volume Expenditures"SAVE"cooperative. This
contract may be extended for use by other municipalities, school districts and
government agencies in the State of Arizona with the approval of Contractor. Any
such usage by other entities must be in accordance with the statutes, codes,
ordinances, charter and/or procurement rules and regulations of the respective
government agency. Orders placed by other agencies and payment thereof will be
the sole responsibility of that agency. City shall not be responsible for any disputes
arising out of transactions made by others.
11
IN WITNESS WHEREOF the parties hereto have caused this Agreement to be
signed by their duly authorized representative as of this day of
, 2020.
CONTRACTOR:
WESTERN EMULSIONS, an Arizona
corporation:
By:
Title:
CITY:
CITY OF APACHE JUNCTION, an Arizona
municipal corporation:
By: Jeff Serdy
Title: Mayor
ATTEST:
Jennifer Pena
City Clerk
APPROVED AS TO FORM:
Richard J. Stern
City Attorney
12
STATE OF )
) ss.
COUNTY OF )
The foregoing was subscribed and sworn to before me this
day of , 20209 by as
of Western Emulsions, an Arizona corporation.
Notary Public
My Commission Expires:
STATE OF ARIZONA )
) ss.
COUNTY OF PINAL )
The foregoing was subscribed and sworn before me this day
of , 2020, by Jeff Serdy, as Mayor of the City of Apache
Junction, Arizona, an Arizona municipal corporation.
Notary Public
My Commission Expires:
13
Exhibit A
Exhibit C
PROJECT#PW2019-53
COST PROPOSAL
COMPANY: " ellY1
ADDRESS: 3q d iN YI AE 9-M-1
TELEPHONE #: �iZ� 7Cc3D
UNIT
PRICE
ITEM DESCRIPTION (Not including tax)
1 Approx. 50,000 gallons of CRS-21? or equivalent
(supplied, delivered, and applied as specified) * Sq'� /TON
*Describe any exceptions in Exceptions— Additions—Corrections (Exhibit D)
Bidder acknovv ledges receipt of the follo'W<<ing amendments:
Amendment Number Date
This offer shall be irrevocable for a period of ninety (90)calendar days from the bid
opening date.
_ Date:
Signature
Title: 1p r f'l s�IGS �4.
Print Name
17
14
City of Apache Junction, Arizona 300 E Superstition
Boulevard
U = Agenda Item Cover Sheet Apache Junction,AZ 85119
` • Agenda Item No.4.
�Piz File ID: 20-184
Sponsor: Shane Kiesow Agenda Date:4/7/2020
Index: In Control: City Council Meeting
Consideration of approval of PW2019-54, award of bid to Cholla Pavement Maintenance for
the supply and delivery of pre-coated chip sealing street maintenance operations in an amount
not to exceed $85.00 per ton. Resulting in a one (1)year contract which contains the option to
renew automatically and continuously for successive periods of one (1)year and not to exceed
five (5)years and maximum contract value of$500,000.00.
City of Apache Junction,Arizona Page 1 Printed on 611512026
�PQpCNF✓
ti Public Works Department
U Z
Home of the Superstition Mountains
gHIZON
Date: March 24, 2020
To: Mayor and Members of the City Council
Through: Bryant Powell, City Manager
Mike Wever, Public Works Director
From: Shane Kiesow, Public Works Manager
Subject: Consideration of PW2019-54 Award of Bid
A recent request for bids was conducted for pre-coated chip to be used for in-house street
maintenance chip seal operations. This work is in support of city's FY20 CIP & Street
Maintenance Plan. The bid opening was held on Thursday, December 19, 2019 at 2:15 p.m.
where the following bid proposal was received. Bid proposal was reviewed for responsibility
and responsiveness, proven technical ability/merit, financial viability and pricing. Staff requests
city council to give consideration of award of contract to Cholla Pavement Maintenance.
Cholla Pavement Maintenance $85/ton
Public Works came before city council to present/discuss this bid and staff recommendation on
March 16th. Resulting one year contract after renewals could attain a maximum value of
$500,000 over the five year term. The city performs on average of $200,000 worth of chip seal
maintenance a year.
575 E. Baseline Avenue, Apache Junction, AZ 85219
• Voice (480) 982-1055 # FAX (480) 983-5752 or (480) 982-8005
CITY OF APACHE JUNCTION
AGREEMENT FOR PRE-COATED CHIPS
PROJECT NO. PW2019-54
THIS AGREEMENT made and entered into by and between the CITY OF
APACHE JUNCTION ("City"), an Arizona municipal corporation, and CHOLLA
PAVEMENT MAINTENANCE, an Arizona corporation ("Contractor"), who shall be
collectively referred to as the "Parties", or individually as a "Party".
RECITALS
A. Contractor has responded to City's request for bids (the "RFB" and
response both being considered the"Contract Documents")via RFB No. "PW2019-
54 Pre-Coated Chips," in which Contractor asserts its willingness, ability and
qualifications to provide this work and service (hereinafter referred to as the
"Work").
B. City and Contractor desire to set forth herein their respective
responsibilities and the manner and terms upon which Contractor shall render the
Work.
C. City has complied with the public bidding requirements under Arizona
Revised Statutes Title 34 and Apache Junction City Code, Vol. I, Chapter 3:
Administration, Article 3-7: Procurement Procedures.
D. The "Contract Documents" include this Agreement and all applicable
bid solicitation and responses, including but not limited to any bond and insurance
forms.
AGREEMENT
NOW, THEREFORE, City retains Contractor to perform, and Contractor
agrees to render the services in accordance with the terms and conditions setforth
as follows:
1. PROJECT DESCRIPTION: Contractor shall do and perform or cause to
be done and performed in a good workmanlike manner, the Work in accordance
with the Contract Documents as fully described in the Notice Inviting Bids for
Project No. PW2019-54, on file with the public works department,which includes all
required specifications.
2. PRICES: Prices shall be governed under Exhibit A for the performance
of the work under the Contract Documents.
3. PAYMENTS: Payment will be made by the city within thirty (30) calendar
days after completion and acceptance of the Work. Total amount of this Agreement
shall not exceed $500,000.00.
4. CONTRACT TERM: The Term of this Agreement shall be from the date of
written notice of the acceptance of Contractor's Bid submittal by the city council to
June 30, 2021. The Agreement will be renewed automatically and continuously for
successive periods of one (1) year, not to exceed five (5) years from the original
execution of this Agreement as long as City budgets for and appropriates funds for
the successive renewal terms.
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, 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
agrees that inspection of the Work performed hereunder will occur by City.
Contractor agrees that City will have the exclusive right to determine, in its sole
discretion,whether the Work has been performed in accordance with the Contract
Documents. Contractor further agrees to make such corrections to the Work as
may be directed by City to conform to said Contract Documents.
7. WARRANTY: Contractor shall guarantee the Work against defective
workmanship or materials for a period of one (1) year from the date of its final
acceptance under the contract, ordinary wear and tear and unusual abuse or
neglect excepted. Any omission on the part of City to condemn defective Work at
the time of inspection of the Work shall not be deemed an acceptance and
Contractor will be required to correct defective Work at any time before
acceptance. Within one (1) year from the date of acceptance due to faults in
workmanship or materials, Contractor shall begin making the necessary repairs to
the satisfaction of City within fourteen (14)calendar days of receipt of written notice
from City. Such work shall include the repair or replacement of other work or
materials damaged or affected by making the above repairs or corrective work all
at no additional cost to City. In the case of work materials or equipment for which
warranties are required by the special provisions of the Contract Documents,
Contractor shall provide or secure from the appropriate subcontractor or supplier
such warranties addressed to and in favor of City and deliver same to City prior to
final acceptance of the Work. Delivery of such warranties shall not relieve
Contractor from any obligation assumed under any other provision of the contract.
The warranties and guarantees provided in this subsection of the Contract
Documents shall be in addition to and not in limitation of any other warrantees,
guarantees or remedies required by law, and shall survive the expiration of this
Agreement for the time period mentioned above.
2
8. TAXES: Contractor shall pay all license, sales, consumer, use and other
similar taxes for the Work or portions thereof provided by Contractor which are
legally enacted at the time bids are received whether or not yet effective or
subsequently applicable due to acts of jurisdictions or bodies other than City.
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. City permits for this Work will be provided to Contractor at no cost.
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 and after termination of this Agreement any time Work is
performed pursuant to the warranty provisions set forth in Section 7. Contractor
also acknowledges thatthe tax provision of the Apache Junction Tax Code, Chapter
8A, may also apply and if so,shall obtain a transaction privilege license and/or other
licenses as may be required by the city code. Any activity by subcontractors within
the corporate city limits will invoke the same licensing regulations on any
subcontractors, and Contractor ensures its subcontractors will obtain any and all
applicable licenses. Further, Contractor agrees to pay all applicable privilege and
use taxes that are applicable to the activities, products and services provided
under this Agreement.
10. 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 directthe delivery of the materials using its best skill
and attention. Except as provided in this Agreement, Contractor shall be solely
responsible for all means, methods, techniques, sequences and procedures, and
for coordinating all portions of the Work required by the contract documents.
Contractor shall be responsible to City for the acts and omissions of its employees.
11. 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 superintendent shall be designated for each project and communicated to City
3
before Work is performed.
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
only from the negligent, intentional or reckless acts, errors, mistakes, omissions,
Work or services of Contractor, its agents, employees, or any tier of Contractor's
subcontractors in the performance of this Agreement. Contractor's duty to defend,
hold harmless and indemnify City, its special districts, elected and appointed
officers, officials, agents, and employees shall arise in connection with any tortious
claim, damage, loss or expense that is attributable to bodily injury, sickness,
disease, death, or injury to, impairment, or destruction of property including loss of
use resulting therefrom, only caused, by a Contractor's negligent, intentional, or
reckless 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. ENFORCED DELAYS(FORCE MAJEURE): Neither City nor Contractor,as
the case may be, shall be considered not to have performed its obligations under
this Agreement in the event of enforced delay (an "Enforced Delay") due to causes
beyond its control and without its fault or negligence or failure to comply with
applicable laws, including, but not restricted to, acts of God, fires, floods,
epidemics, pandemics, quarantine, restrictions, embargoes, labor disputes, and
unusually severe weather or the delays of subcontractors or materialmen due to
such causes, acts of a public enemy, war, terrorism or act of terror (including but
not limited to bio-terrorism or eco-terrorism), nuclear radiation, blockade,
insurrection, riot, labor strike or interruption, extortion, sabotage, or similar
occurrence or any exercise of the power of eminent domain of any governmental
body on behalf of any public entity, or a declaration of moratorium or similar hiatus
(whether permanent or temporary) by any public entity directly affecting the
Project. In no event will Enforced Delay include any delay resulting from
unavailability for any reason of labor shortages, or the unavailability for any reason
of particular consultants, subcontractors, vendors or investors desired by
Contractor in connection with the Project. Contractor agrees that Contractor alone
will bear all risks of delay which are not Enforced Delay. In the event of the
occurrence of any such Enforced Delay, the time or times for performance of the
obligations of the Party claiming delay shall be extended for a period of the
Enforced Delay; provided, however, that the Party seeking the benefit of the
provisions of this Section shall, within thirty (30) calendar days after such Party
knows or should know of any such Enforced Delay,first notify the other Party of the
specific delay in writing and claim the right to an extension for the period of the
Enforced Delay; and provided further that in no event shall a period of Enforced
4
Delay exceed ninety (90) calendar days.
14. GOVERNING LAW AND VENUE: The terms and conditions of this
Agreement shall be governed by and interpreted in accordance with the laws of the
State of Arizona. Any action at law or in equity brought by either Party for the
purpose of enforcing a right or rights provided for in this Agreement, shall be tried
in a court of competent jurisdiction in Pinal County, State of Arizona. The Parties
hereby waive all provisions of law providing for a change of venue in such
proceeding to any other county. In the event either Party shall 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 minimum insurance and other additional requirements setforth herein.
All insurance required herein shall be maintained in full force and effect until all
work or service required to be performed under the terms of the Agreement is
satisfactorily completed and formally accepted; failure to do so may, at the sole
discretion of City constitute a material breach of this Agreement.
Contractor's insurance shall be primary insurance as respect to City, and any
insurance or self-insurance maintained by City shall not contribute to it.
Any failure to comply with the claim reporting provisions of the insurance policies or
any breach of an insurance policy warranty shall not affect coverage afforded
under the insurance policies to protect City.
The insurance policies, except Workers' Compensation, shall contain waiver of
transfer rights of recovery (subrogation) against City, its agents, officers, officials
and employees for any claims arising out of Contractor's acts, errors, mistakes,
omissions, work or services.
The insurance policies may provide coverage which contains deductibles or self-
insured retentions. Such deductible and/or self-insured retentions shall not be
applicable with respect to the coverage provided to City under such policies.
Contractor shall be solely responsible for the deductible and/or self-insured
retention and City, at its option, may require Contractor to secure payment of such
deductibles or self-insured retentions by a Surety Bond or an irrevocable and
unconditional letter of credit.
City reserves the right to request and to receive within ten (10) working days,
certified copies of any or all of the herein required insurance policies and/or
endorsements. City shall not be obligated, however, to review same or to advise
5
Contractor of any deficiencies in such policies and endorsements, and such receipt
shall not relieve Contractor from, or be deemed a waiver of City's right to insist on
strict fulfillment of Contractor's obligations under this Agreement.
The insurance policies, except Workers' Compensation, required by this
Agreement, shall name City, its agent, officers, officials and employees as
additional insured parties.
REQUIRED COVERAGE
Commercial General Liability
Contractor shall maintain Commercial General Liability insurance with a limit of not
less than $1,000,000 for each occurrence with a $2,000,000 Products/Completed
Operations Aggregate and a$2,000,000 General Aggregate Limit. The policy shall
include coverage for bodily injury, broad form property damage, personal injury,
products and completed operations and blanket contractual coverage including,
but not limited to,the liability assumed under the indemnification provisions of this
Agreement which coverage will be at least as broad as Insurance Service Office,
Inc. Policy Form CG 00011-93 or the equivalent thereof. In addition, automobile
liability coverage of at least$1 million per occurrence or a combined single limit of
at least $1,000,000 is required. The auto liability policy should contain
endorsements for hired autos, non-owned autos and scheduled vehicles, as
applicable to the Contractor's business.
Such policy shall contain a severability of interest provision, and shall notcontain a
sunset provision or commutation clause, nor any provision which would serve to
limit third party action over claims.
The Commercial General Liability additional insured endorsement shall be at least
as broad as the Insurance Service Office Inc.'s Additional Insured, Form CG
20101185, or the equivalent thereof, 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, City and Contractor's
Protective Liability insurance policy for bodily injury and property damage,
including death, which may arise in the prosecution of the Contractor's work,
service or operations under this Contract. Coverage shall be on an occurrence
basis with a limit not less than $1,000,000 per occurrence, and the policy shall be
issued by the same insurance company that issues Contractor's General Liability
insurance.
Workers' Compensation (Not Applicable to Sole Proprietorships)
Contractor shall carry Workers' Compensation insurance to cover obligations
6
imposed by federal and state statutes having jurisdiction of Contractor's employees
engaged in the performance of the work or services; and Employer's Liability
insurance of not less than $100,000 for each accident, $100,000 disease for each
employee, and $500,000 disease policy limit.
In case any work is subcontracted, Contractor will require subcontractor to provide
Workers' Compensation and Employer's Liability to at least the same extent as
required of Contractor.
CERTIFICATE OF INSURANCE
Prior to commencing work or services under this Agreement, Contractor shall
furnish the City with Certificates of Insurance, or formal endorsements as required
by Agreement, issued by Contractor's insurer(s), as evidence that policies
providing the required coverages,conditions and limits required by this Agreement
are in full force and effect.
In the event any insurance policies required by this Agreement are written on a
"claims made" basis, coverage shall extend for two (2) years past completion and
acceptance of the Contractor's work or services and as evidenced by annual
Certificates of Insurance, to be filed with the City Clerk of City.
If a policy does expire during the life of the Agreement, a renewal certificate must
be sent to City thirty (30) calendar days prior to the expiration date. All Certificates
of Insurance shall be identified with bid serial number and title.
Insurance required herein shall not expire, be canceled, or materially changed
without thirty (30) calendar days' prior written notice to City.
16. CHANGE ORDERS: A change order is a written order to Contractor,
approved by the City representative, issued after execution of this Agreement
authorizing a change in the Work or an adjustment in the agreement sum or the
agreement time. A change order signed by Contractor indicates his agreement
therewith. City may, without invalidating this Agreement, order changes in the
Work within the general scope of the Agreement consisting of additions, deletions
or other revisions, the agreement sum and this 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 Agreement. The City
representative shall have authority to order minor changes in the Work not involving
an adjustment in the Agreement sum or extension of the Agreement time and not
inconsistent with the intent of this Agreement. All such changes shall be effected by
written order and shall be binding upon City and Contractor. All change order
disagreements of the Contractor shall be submitted in writing to the City Manager
within five (5) calendar days after the difference of opinion or grievance occurs.
Within five (5) calendar days of receiving a written grievance,the City Manager shall
respond in writing to the Contractor and city staff representative. The City
Manager's decision shall be final and binding.
7
17. SUCCESSORS,ASSIGNMENT&DELEGATION: 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 or delegate the duties hereunder,
without the written consent of the other, nor shall Contractor assign any monies due
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. PAYMENT&PERFORMANCE BONDS: City shall have the right to require
Contractor to furnish bonds covering the faithful performance of the contract and
the payment of all obligations arising hereunder. Standard bond forms shall be
completed by Contractor (and are considered to be included in the Contract
Documents) and Contractor agrees to conform to all provisions set forth in such
forms.
21. SAFETY: Contractor and/or its subcontractors shall be solely responsible
for job safety at all times.
22. RIGHTS & REMEDIES: The duties and obligations imposed by the
Contract Documents and the rights and remedies available hereunder shall be in
addition to and not a limitation of any duties, obligations, rights and remedies
otherwise imposed or available by law. No action or failure to act by City or
Contractor shall constitute a waiver of any right or duty afforded any of them under
the contract, nor shall any action or failure to act constitute an approval of or an
acquiescence to any breaches hereunder except as may be specifically agreed to
in writing.
23. TERMINATION OF CONTRACT: If,for any reason, Contractor shall fail to
fulfill in a timely and proper manner his/her obligations under the contract, or if
Contractor shall violate any of the covenants, agreements, or stipulations of the
contract, City shall thereupon have the right to terminate the contract by giving
written notice to Contractor of such termination and specifying the effective date
thereof.
8
Notwithstanding the above, Contractor shall not be relieved of liability to City for
damages sustained by City by virtue of any breach of the contract by Contractor.
City may terminate the contract at any time by giving at least twenty-four (24) hours
notice in writing to Contractor. If the contract is terminated by City as provided
herein, Contractor will be paid for the time expended and expenses incurred up to the
termination date.
24. APPEALS: All contractual grievances shall be submitted in writing to
City Manager within five (5) calendar days after the difference of opinion or
grievance occurs relating to any of the provisions of the terms of this Agreement.
Within five (5) calendar days of receiving a written grievance,the City Manager shall
respond in writing to the company. The City Manager's decision shall be final and
binding, subject only to a further appeal in the Pinal County Superior Court pursuant
to A.R.S. § 12-901, et seq.
25. RECORDS: Records of Contractor's labor, payroll and other costs
pertaining to this Agreement shall be kept on a generally recognized accounting
basis and made available to City for inspection on request. Contractor shall
maintain records for a period of at least two (2) years after termination of this
Agreement, and shall make such records available during that retention period for
examination or audit by City personnel during regular business hours.
26. AMENDMENT: It is mutually understood and agreed that no alteration or
variation of the terms and conditions of this Agreement shall be valid unless made in
writing and signed by the Parties hereto, and that oral understandings or
agreements not incorporated herein shall not be binding on the parties. The
representatives of the Parties (signatory for Contractor noted below or his or her
designee, and the City Manager, or his or her designee) shall be authorized to
execute future amendments or extensions of this Agreement.
27. ENTIRE AGREEMENT: This Agreement and any attachments represent
the entire agreement between City and Contractor and supersede all prior
negotiations, representations or agreements, either express or implied, written or
oral. It is mutually understood and agreed that no alteration or variation of the
terms and conditions of this Agreement shall be valid unless made in writing and
signed by the parties hereto. Written and signed amendments shall automatically
become part of the supporting documents, and shall supersede any inconsistent
provision therein; provided, however, that any apparent inconsistency shall be
resolved, if possible, by construing the provisions as mutually complementary and
supplementary.
28. 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
9
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.
29. TIME IS OF THE ESSENCE: Time is of the essence with respect to all
provisions in this Agreement. Any delay in performance by either Party shall
constitute a material breach of this Agreement.
30. 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.
31. PROHIBITION TO CONTRACT WITH CONTRACTORS WHO ENGAGE IN
BOYCOTT OF THE STATE OF ISRAEL: The Parties acknowledge A.R.S. §§ 35-393
through 35-393.03, as amended, which forbids public entities from contracting with
Contractors who engage in boycotts of the State of Israel. Should Contractor under
this Agreement engage in any such boycott against the State of Israel, this
Agreement is automatically terminated. Any such boycott is a material breach of
contract and will subject Contractor to monetary damages, including but not limited
to, consequential and liquidated damages.
32. 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 warranttheir 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 subjectto a penalty of
$100 per day for the first violation, $500 per day for the second violation, and$1,000
10
per day for the third violation. City at its option may terminate this Agreement after
the third violation. Contractor shall not be deemed in material breach of this
Agreement if 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
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.
33. COOPERATIVE USE OF CONTRACT: City has entered into various
cooperative purchasing agreements with other Arizona government agencies,
including the Strategic Alliance for Volume Expenditures"SAVE"cooperative. This
contract may be extended for use by other municipalities, school districts and
government agencies in the State of Arizona with the approval of Contractor. Any
such usage by other entities must be in accordance with the statutes, codes,
ordinances, charter and/or procurement rules and regulations of the respective
government agency. Orders placed by other agencies and payment thereof will be
the sole responsibility of that agency. City shall not be responsible for any disputes
arising out of transactions made by others.
11
IN WITNESS WHEREOF the parties hereto have caused this Agreement to be
signed by their duly authorized representative as of this day of
, 2020.
CONTRACTOR:
CHOLLA PAVEMENT MAINTENANCE, an
Arizona corporation:
By:
Title:
CITY:
CITY OF APACHE JUNCTION, an Arizona
municipal corporation:
By: Jeff Serdy
Title: Mayor
ATTEST:
Jennifer Pena
City Clerk
APPROVED AS TO FORM:
Richard J. Stern
City Attorney
12
STATE OF )
) ss.
COUNTY OF )
The foregoing was subscribed and sworn to before me this
day of , 20209 by as
of Cholla Pavement Maintenance, an Arizona corporation.
Notary Public
My Commission Expires:
STATE OF ARIZONA )
) ss.
COUNTY OF PINAL )
The foregoing was subscribed and sworn before me this day
of , 2020, by Jeff Serdy, as Mayor of the City of Apache
Junction, Arizona, an Arizona municipal corporation.
Notary Public
My Commission Expires:
13
Exhibit A
Exhibit C
PROJECT#PW2019-54
COST PROPOSAL
COMPANY: Cholla Pavement Maintenance, Inc
ADDRESS: 5254 S. Warner Dr, Apache Junction AZ 85120
TELEPHONE#: 480-893-1044
UNIT
PRICE
ITEM DESCRIPTION (Not including tax)
1 Approx. 2,000 tons of 3/8" Low Volume Pre-
Coated Chip (stocked and delivered as specified) * �� /TON
*Describe any exceptions in Exceptions—Additions Corrections(Exhibit D)
Bidder acknowledges receipt of the following amendments:
Amendment Number Date
This offer shall be irrevocable for a period of ninety(90)calendar days from the bid
opening date.
Date:
Si ature00
,Iurly 11 iggs Title: President
Print Name
16
14
City of Apache Junction, Arizona 300 E Superstition
Boulevard
U Agenda Item Cover Sheet Apache Junction,AZ 85119
` • Agenda Item No. 5.
PIZ File ID: 20-185
Sponsor: Emile Schmid Agenda Date:4/7/2020
Index: In Control: City Council Meeting
Consideration of approval of Resolution No. 20-14 authorizing the city to enter an
Intergovernmental Agreement with Maricopa County Department of Transportation for the
design and construction of traffic signal improvements at the intersection of Meridian Drive
and Baseline Avenue.
City of Apache Junction,Arizona Page 1 Printed on 611512026
PPpCHE✓
o y�, Public Works Department
U Z 'r'4V 6
Home of the Superstition Mountains
'4RIZONP
Date: March 25, 2020
To: Mayor and Members of the City Council
Through: Bryant Powell, City Manager
Mike Wever, P.E., Public Works Director
From: Emile Schmid, P.E., City Engineer
Subject: Intergovernmental Agreements with Maricopa County Department of
Transportation
Maricopa County Department of Transportation (MCDOT) performed a field investigation of the
intersection at Meridian Drive and Baseline Avenue, and identified this location as one needing
the installation of a traffic signal. MCDOT approached city staff with the project with the hopes
that the city would partner with MCDOT on the project.
The total project cost is currently estimated to be $2,360,000. Maricopa County will be
responsible for fifty percent (50%) of the cost, the City will be responsible for twenty-five
percent (25%) of the cost, and Pinal County will be responsible for twenty-five percent (25%) of
the cost. Maricopa County will act as lead agency for all aspects of the project, including design
and construction. The city will be invoiced its twenty-five percent (25%) upon substantial
completion of the project, which is scheduled to be constructed in Fiscal Year 2022. At the time
of construction of the traffic signal city supplied emergency vehicle pre-emption equipment will
also be installed. The County will maintain ownership,operation,and maintenance of the traffic
signal on completion of the project, and the city will maintain the emergency vehicle pre-
emption equipment.
MCDOT and city staff developed the enclosed IGAs for city council's consideration. This
agreement will allow the city to participate in designing and constructing a new traffic signal
along a major corridor and entrance to the city with the assistance of MCDOT funds.
575 E. Baseline Ave., Apache Junction, Arizona 85119
Tel (480) 982-1055 • Fax (480) 983-5752
RESOLUTION NO. 20-14
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 MARICOPA COUNTY
DEPARTMENT OF TRANSPORTATION FOR THE DESIGN AND
INSTALLATION OF TRAFFIC SIGNAL IMPROVEMENTS AT THE
INTERSECTION OF BASELINE AVENUE AND MERIDIAN DRIVE .
WHEREAS, A.R. S . § 11-951 and 28-6701 et seq. authorize
Maricopa County (the "County") to layout, maintain, control and
manage public roads within the County; and
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 County initiated a scoping study to assess the
intersection of Baseline Avenue and Meridian Drive (the
"Intersection") , and it was determined that the intersection
meets warrants for the installation of a traffic signal; and
WHEREAS, the Intersection is partially located within the
City of Apache Junction (the "City") corporate limits and also
the County' s jurisdiction; and
WHEREAS, the County has requested that traffic signal
improvements at the Intersection be installed near a County
owned intersection (the "Location") to install a new traffic
signal at the Baseline Avenue and Meridian Drive intersection;
and
WHEREAS, both the City and the County recognize that the
installation of the Project is beneficial to the traveling
public and area residents; and
WHEREAS, the cost for the future maintenance of the Project
will be the responsibility of the County; and
WHEREAS, the purpose of this Agreement is to identify and
define both the City' s and the County' 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 :
RESOLUTION NO. 20-14
Page 1 of 2
1) The Mayor and City Council approve the intergovernmental
agreement between the City and the County, attached hereto as
Attachment A, and the Mayor is hereby authorized to sign the
agreement on behalf of the City.
2) The City Manager 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
SIGNED AND ATTESTED TO THIS DAY OF , 2020 .
JEFF SERDY
Mayor
ATTEST:
JENNIFER PENA
City Clerk
APPROVED AS TO FORM:
RICHARD J. STERN
City Attorney
RESOLUTION NO. 20-14
Page 2 of 2
INTERGOVERNMENTAL AGREEMENT BETWEEN MARICOPA COUNTY, PINAL
COUNTY AND THE CITY OF APACHE JUNCTION FOR IMPROVEMENTS TO THE
INTERSECTION OF BASELINE ROAD
AND MERIDIAN ROAD
(TT0591)
(C-64-20- -M-00)
This Intergovernmental Agreement (Agreement) is between the County of Maricopa, a political
subdivision of the State of Arizona (Maricopa County), Pinal County, a political subdivision of
the State of Arizona (Pinal County) and the City of Apache Junction, a municipal corporation
(City). The Counties and the City are collectively referred to as the Parties or individually as a
Party.
This Agreement shall become effective as of the date it is approved by all Parties.
STATUTORY AUTHORIZATION
1. A.R.S. Section §11-251 and Sections 28-6701 et. seq. authorize each County to lay out,
maintain, control and manage public roads within its respective County to acquire and
condemn property necessary for such purposes, and to enter this Agreement.
2. A.R.S. Sections §§11-951 et. seq. authorize public agencies to enter into
Intergovernmental Agreements for the provision of services or for joint or cooperative
action.
3. A.R.S. Section 9-240 and Sections 9-276 et. seq. authorize the City to lay out and
establish, regulate and improve streets within the City and to enter into this Agreement.
BACKGROUND
4. Maricopa County has identified Baseline Road and Meridian Road as Principal Arterial
roadways. The intersection of Meridian Road and Baseline Road forms the boundary
between Maricopa County and Pinal County.
5. Maricopa County has assessed the intersection of Baseline Road and Meridian Road
and determined that the intersection meets traffic signal warrants based on the warrant
conditions from the 2009 Manual on Uniform Traffic Control Devices (MUTCD).
Page 1 of 10
6. The purpose of the improvements is to improve the Intersection of Baseline Road and
Meridian Road by constructing a traffic signal, reconstruction of a drainage feature under
Meridian Road just north of the intersection and rehabilitating the pavement
approximately 1,460 feet north of the intersection on Meridian Road and 1,000 feet on
the east and west legs of the intersection on Baseline Road (Project).
7. The Project design is expected to begin in fiscal year 2020 and the construction is
expected to begin in fiscal year 2022.
8. The anticipated Project Costs, excluding City Project Enhancements, are as follows:
8.1 Design $170,000
8.2 Construction: $2,000,000
8.3 Construction Management: $190,000
Total Project Costs: $2,360,000
9. The County's financial participation shall be limited to aspects of the Project that are
essential for the establishment of a safe roadway. The County will not financially
participate in the City Project Enhancements such as landscaping, irrigation, street
lighting, visual mitigation, decorative pavers, underground utilities or street furniture
which shall be the sole responsibility of Pinal County and/or the City.
10. A separate agreement will be drafted with the City to address Fire and Emergency
Medical Services Preemption Equipment needs for the traffic signals.
11. The City shall provide Fire and Emergency Medical Services Preemption Equipment and
be solely responsible for the costs associated with the installation of the Emergency
Vehicle Preemption Equipment on the County's traffic signals.
PURPOSE OF THE AGREEMENT
12. The purpose of this Agreement is to identify and define the responsibilities of Maricopa
County, Pinal County and the City for the Project, including cost sharing, design, traffic
signals, traffic control, permits, construction, and construction management.
TERMS OF THE AGREEMENT
13. Responsibilities of Maricopa County:
13.1 Maricopa County shall be the lead agency for all aspects of the Project, including
design, construction, construction management, and traffic control.
13.2 Maricopa County shall request that permit fees related to the Project be waived
by Pinal County and the City.
Page 2 of 10
13.3 Maricopa County shall provide Pinal County and the City with a set of design
plans for review at each stage submittal.
13.4 Maricopa County shall be responsible for 50% of the estimated total Project
Costs share contribution, currently estimated at $1,180,000.
13.5 Upon substantial completion of the Project, Maricopa County shall invoice Pinal
County for Pinal County's estimated total Project Costs share contribution for the
Project.
13.6 Upon substantial completion of the Project, Maricopa County shall invoice the
City for the City's estimated total Project Costs share for the Project.
13.7 Maricopa County shall operate and maintain the traffic signals and cabinet upon
completion of the Project.
13.8 Maricopa County shall operate and maintain the roadway and intersection after
the completion of the Project
14. Responsibilities of Pinal County:
14.1 Pinal County shall waive permit fees related to the Project for Maricopa County.
14.2 Pinal County shall review the stage submittals and provide comments to
Maricopa County within fifteen (15) working days of receipt.
14.3 Pinal County shall be responsible for 25% of the estimated total Project Costs
share contribution, currently estimated at $590,000.
14.4 Pinal County shall remit payment to Maricopa County within thirty (30) days of
receipt of an invoice from Maricopa County.
14.5 Upon completion of the Project, Pinal County shall maintain and operate the
drainage basin on the northeast corner of Meridian Road and Baseline Road.
15. Responsibilities of the Apache Junction:
15.1 Apache Junction shall waive permit fees related to the Project for Maricopa
County.
15.2 Apache Junction shall review plans and provide comments to the County within
fifteen (15) working days of receipt.
15.3 Apache Junction shall be responsible for 25% of the estimated total Project
Costs share contribution, currently estimated at $590,000.
15.4 Apache Junction shall remit payment to Maricopa County within thirty (30) days
of receipt of an invoice from Maricopa County.
Page 3 of 10
GENERAL TERMS AND CONDITIONS
16. By entering into this Agreement, the Parties agree that to the extent permitted by law, each
Party will defend, indemnify and save the other Parties harmless, including any of the
Parties' departments, agencies, officers, employees, elected officials or agents, from and
against all loss, expense, damage or claim of any nature whatsoever which is caused by
any activity, condition or event arising out of the performance or nonperformance by the
indemnifying Party of any of the provisions of this Agreement. By entering into this
Agreement, each Party indemnifies the other against all liability (including but not limited
to vicarious liability), losses and damages of any nature for or on account of any injuries or
death of persons or damages to or destruction of property arising out of or in any way
connected with the performance or nonperformance of this Agreement, except such injury
or damage that is occasioned by the negligence of that other Party. The damages which
are the subject of this indemnity shall include but not be limited to the damages incurred
by any Party, its departments, agencies, officers, employees, elected officials or agents. In
the event of an action, the damages which are the subject of this indemnity shall include
costs, expenses of litigation and reasonable attorney's fees.
17. This Agreement shall become effective as of the date it is approved by the Maricopa County
Board of Supervisors and remain in full force and effect until all stipulations previously
indicated have been satisfied except that it may be amended upon written Agreement by all
Parties. Any Party may terminate this Agreement upon furnishing the other Party with a
written notice at least thirty (30) days prior to the effective termination date.
18. This Agreement shall be subject to the provisions of A.R.S. Section 38-511.
19. The Parties warrant that they are in compliance with A.R.S. Section 41-4401 and further
acknowledge that:
19.1 Any contractor or subcontractor who is contracted by a Party to perform work on the
Project shall warrant their compliance with all federal immigration laws and
regulations that relate to their employees and their compliance with the E-Verify
program under A.R.S. Section 23-214(A), and shall keep a record of the verification
for the duration of the employee's employment or at least three years, whichever is
longer.
19.2 Any breach of the warranty shall be deemed a material breach of the contract that
is subject to penalties up to and including termination of the contract.
19.3 The Parties retain the legal right to inspect the papers of any contractor or
subcontractor employee who works on the Project to ensure that the contractor or
subcontractor is complying with the warranty above and to require that the
contractor make all papers and employment records of said employee available
during normal working hours in order to facilitate such an inspection.
19.4 Nothing in this Agreement shall make any contractor or subcontractor an agent or
employee of the Parties to this Agreement.
Page 4 of 10
20. Each Party to this Agreement warrants that neither it nor any contractor or vendor under
contract with the Party to provide goods or services toward the accomplishment of the
objectives of this Agreement is suspended or debarred by any federal agency which has
provided funding that will be used in the Project described in this Agreement.
21. Each of the following shall constitute a material breach of this Agreement and an event of
default ("Default") hereunder: A Party's failure to observe or perform any of the material
covenants, conditions or provisions of this Agreement to be observed or performed by that
Party ("Defaulting Party"), where such failure continues for a period of thirty (30) days after
the Defaulting Party receives written notice of such failure from the non-defaulting party
provided, however, that such failure shall not be a Default if the Defaulting Party has
commenced to cure the Default within such thirty (30) day period and thereafter is
diligently pursuing such cure to completion, but the total aggregate cure period shall not
exceed ninety (90) days unless the Parties agree in writing that additional time is
reasonably necessary under the circumstances to cure the default. In the event a
Defaulting Party fails to perform any of its material obligations under this Agreement and
is in Default, the non-defaulting party, at its option, may terminate this Agreement. Further,
upon the occurrence of any Default and at any time thereafter, the non-defaulting party
may, but shall not be required to, exercise any remedies now or hereafter available to it
at law or in equity.
22. All notices required under this Agreement to be given in writing shall be sent to:
Maricopa County Department of Transportation
Intergovernmental Relations
2901 West Durango Street
Phoenix, AZ 85009
Pinal County Public Works Department
Attn: Director
31 North Pinal Street
Building F
Florence, Arizona 85132
City of Apache Junction
Public Works Department
Attn: Director
300 E Superstition Boulevard
Apache Junction, Arizona 85119
All notices required or permitted by this Agreement or applicable law shall be in writing
and may be delivered in person (by hand or courier) or may be sent by regular, certified
or registered mail or U.S. Postal Service Express Mail, with postage prepaid, and shall be
deemed sufficiently given if served in a manner specified in this paragraph. Either Party
may by written notice to the other specify a different address for notice. Any notice sent
by registered or certified mail, return receipt requested, shall be deemed given on the date
of delivery shown on the receipt card, or if no delivery date is shown, the postmark thereon.
If sent by regular mail, the notice shall be deemed given 72 hours after the notice is
addressed as required in this paragraph and mailed with postage prepaid. Notices
delivered by United States Express Mail or overnight courier that guarantee next day
Page 5 of 10
delivery shall be deemed given 24 hours after delivery of the notice to the Postal Service
or courier.
23. This Agreement does not grant authority to control the subject roadway, except to the
extent necessary to perform the tasks expressly undertaken pursuant to this Agreement.
24. Any funding provided for in this Agreement, other than in the current fiscal year, is
contingent upon being budgeted and appropriated by the Maricopa County Board of
Supervisors, the Pinal County Board of Supervisors and the Apache Junction City Council
in such fiscal year. This Agreement may be terminated by any Party at the end of any
fiscal year due to non-appropriation of funds.
25. This Agreement shall be binding upon and inure to the benefit of the Parties and their
respective successors and assignees. Neither Party shall assign its interest in this
Agreement without the prior written consent of the other Party.
26. This Agreement and all Exhibits attached to this Agreement set forth all of the covenants,
promises, agreements, conditions and understandings between the Parties to this
Agreement, and there are no covenants, promises, agreements, conditions or
understandings, either oral or written, between the Parties other than as set forth in this
Agreement, and those agreements which are executed contemporaneously with this
Agreement. This Agreement shall be construed as a whole and in accordance with its fair
meaning and without regard to any presumption or other rule requiring construction
against the party drafting this Agreement. This Agreement cannot be modified or changed
except by a written instrument executed by all of the Parties hereto. Each Party has
reviewed this Agreement and has had the opportunity to have it reviewed by legal counsel.
27. The waiver by any Party of any right granted to it under this Agreement is not a waiver of
any other right granted under this Agreement, nor may any waiver be deemed to be a
waiver of a subsequent right obtained by reason of the continuation of any matter
previously waived.
28. Wherever possible, each provision of this Agreement shall be interpreted in such a
manner as to be valid under applicable law, but if any provision shall be invalid or
prohibited under the law, such provision shall be ineffective to the extent of such
prohibition or invalidation but shall not invalidate the remainder of such provision or the
remaining provisions.
29. Except as otherwise provided in this Agreement, all covenants, agreements,
representations and warranties set forth in this Agreement or in any certificate or
instrument executed or delivered pursuant to this Agreement shall survive the expiration
or earlier termination of this Agreement for a period of one (1) year.
30. Nothing contained in this Agreement shall create any partnership, joint venture or other
agreement between the Parties hereto. Except as expressly provided in this Agreement,
no term or provision of this Agreement is intended or shall be for the benefit of any person
or entity not a party to this Agreement, and no such other person or entity shall have any
right or cause of action under this Agreement.
Page 6 of 10
31. Time is of the essence concerning this Agreement. Unless otherwise specified in this
Agreement, the term "day" as used in this Agreement means calendar day. If the date for
performance of any obligation under this Agreement or the last day of any time period
provided in this Agreement falls on a Saturday, Sunday or legal holiday, then the date for
performance or time period shall expire at the close of business on the first day thereafter
which is not a Saturday, Sunday or legal holiday.
32. Sections and other headings contained in this Agreement are for reference purposes only
and shall not affect in any way the meaning or interpretation of this Agreement.
33. This Agreement may be executed in two or more counterparts, each of which shall be
deemed an original but all of which together shall constitute the same instrument. Faxed,
copied and scanned signatures are acceptable as original signatures.
34. The Parties agree to execute and/or deliver to each other such other instruments and
documents as may be reasonably necessary to fulfill the covenants and obligations to be
performed by such party pursuant to this Agreement.
35. The Parties hereby agree that the venue for any claim arising out of or in any way related
to this Agreement shall be Maricopa County, Arizona.
36. This Agreement shall be governed by the laws of the State of Arizona.
37. Unless otherwise lawfully terminated by the Parties, this Agreement expires upon
completion and acceptance of the Project and fulfillment of all terms of the Agreement.
End of Agreement- Signature Page Follows
Page 7 of 10
IN WITNESS WHEREOF, the Parties have executed this Agreement.
MARICOPA COUNTY
Recommended by:
04CA 20Z0
Je nife Toth, P ate
tonDrectoT n orta i r Approved and Accepted by:
Chairman Date
Board of Supervisors
Attest by:
Clerk of the Board Date
APPROVAL OF DEPUTY COUNTY ATTORNEY
I hereby state that I have reviewed the proposed Intergovernmental Agreement and declare the
Agreement to be in proper form and within the powers and authority granted to the County by the
Board of Supervisors under the laws of the State of Arizona.
Deputy County Attorney Date
Page 8 of 10
IN WITNESS WHEREOF, the Parties have executed this Agreement.
PINAL COUNTY
Recommended by:
Greg Stanley Date
County Manager
Approved and Accepted by:
Chairman Date
Board of Supervisors
Attest by:
Natasha Kennedy Date
Clerk of the Board
APPROVAL OF PINAL COUNTY COUNSEL
I hereby state that I have reviewed the proposed Intergovernmental Agreement and declare the
Agreement to be in proper form and within the powers and authority granted to the Party by their
respective governing bodies under the laws of the State of Arizona.
Deputy County Attorney Date
Page 9 of 10
IN WITNESS WHEREOF, the Parties have executed this Agreement.
CITY OF APCHE JUNCTION
Recommended by:
Bryant Powell Date
City Manager
Approved and Accepted by:
Jeff Serdy Date
City Mayor
Attest by:
Jennifer Pena Date
City Clerk
APPROVAL OF CITY COUNSEL
I hereby state that I have reviewed the proposed Intergovernmental Agreement and declare the
Agreement to be in proper form and within the powers and authority granted to the Party by their
respective governing bodies under the laws of the State of Arizona.
City Attorney Date
Page 10 of 10
Consent Agenda Approval : 20- 185
Resolution 20 - 14 : IGA with MCDOT
Meridian / Baseline
Traffic Signal Design and Construction
Emile Schmid, P. E.
City Engineer
April 7, 2020
Inter Governmental Agreement ( IGP
• Maricopa County conducted a project scoping
study for the Meridian Dr. / Baseline Ave .
intersection .
• It was determined that the intersection met
warrants for the installation of a traffic signal .
• Maricopa County and City staff developed the
Intergovernmental Agreement ( IGA) .
• This agreement will capitalize on joint savings for
intersection traffic signal improvements .
Resolution 20-14: IGA with MCDOT— Design & Construction of Traffic Signal 2
Im proveme nt:
• 3-Way traffic signal installation
• Westbound Baseline right turn lane to Meridian
• Eastbound Baseline left turn lane to Meridian
• Southbound left turn and right turn lanes onto
Baseline
• No pedestrian ramps installed at this point in time
• Replace existing drainage pipe under Meridian Dr.
• Signing and striping
Resolution 20-14: IGA with MCDOT— Design & Construction of Traffic Signal 3
Cost Share and Schedule
• Design : $ 1701000
Construction : $ 210001000
Construction Management : $ 190, 000
Tota l Cost : $2;360
000
• City share is twenty-five percent ( 25%) of the total
cost : $590,000
• Project currently under design
• Construction anticipated to begin in FY 2022
Resolution 20-14: IGA with MCDOT— Design & Construction of Traffic Signal 4
Staff Recommendation
The Public Works Department recommends
APPROVAL
Consent Agenda on 4/7/2020
Ld
40211911bm
Thank You
Resolution 20-14: IGA with MCDOT— Design & Construction of Traffic Signal 5
City of Apache Junction, Arizona 300 E Superstition
Boulevard
U Agenda Item Cover Sheet Apache Junction,AZ 85119
` • Agenda Item No.6.
PIZ File ID: 20-186
Sponsor: Emile Schmid Agenda Date:4/7/2020
Index: In Control: City Council Meeting
Consideration of approval of Resolution No. 20-15 authorizing the city to enter into an
Intergovernmental Agreement with Maricopa County Department of Transportation for the
installation of emergency services pre-emption equipment at the intersection of Meridian Drive
and Baseline Avenue.
City of Apache Junction,Arizona Page 1 Printed on 611512026
PPpCHE✓
o y�, Public Works Department
U Z 'r'4V 6
Home of the Superstition Mountains
'4RIZONP
Date: March 25, 2020
To: Mayor and Members of the City Council
Through: Bryant Powell, City Manager
Mike Wever, P.E., Public Works Director
From: Emile Schmid, P.E., City Engineer
Subject: Intergovernmental Agreements with Maricopa County Department of
Transportation
Maricopa County Department of Transportation (MCDOT) performed a field investigation of the
intersection at Meridian Drive and Baseline Avenue, and identified this location as one needing
the installation of a traffic signal. MCDOT approached city staff with the project with the hopes
that the city would partner with MCDOT on the project.
The total project cost is currently estimated to be $2,360,000. Maricopa County will be
responsible for fifty percent (50%) of the cost, the City will be responsible for twenty-five
percent (25%) of the cost, and Pinal County will be responsible for twenty-five percent (25%) of
the cost. Maricopa County will act as lead agency for all aspects of the project, including design
and construction. The city will be invoiced its twenty-five percent (25%) upon substantial
completion of the project, which is scheduled to be constructed in Fiscal Year 2022. At the time
of construction of the traffic signal city supplied emergency vehicle pre-emption equipment will
also be installed. The County will maintain ownership,operation,and maintenance of the traffic
signal on completion of the project, and the city will maintain the emergency vehicle pre-
emption equipment.
MCDOT and city staff developed the enclosed IGAs for city council's consideration. This
agreement will allow the city to participate in designing and constructing a new traffic signal
along a major corridor and entrance to the city with the assistance of MCDOT funds.
575 E. Baseline Ave., Apache Junction, Arizona 85119
Tel (480) 982-1055 • Fax (480) 983-5752
RESOLUTION NO. 20-15
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 MARICOPA COUNTY
(DEPARTMENT OF TRANSPORTATION) FOR FIRE PREEMPTION
EQUIPMENT INSTALLATION AND MAINTENANCE ON COUNTY OWNED
SIGNALS .
WHEREAS, A.R. S . § 11-951 and 28-6701 et seq. authorize
Maricopa County (the "County") to layout, maintain, control and
manage public roads within the County; and
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 City of Apache Junction (the "City") has
requested that fire preemption equipment (the "Equipment") be
installed on a County owned traffic signal (the "Traffic
Signal") to accommodate the City' s emergency services and the
City may request such installations of Equipment on additional
Traffic Signals in the future; and
WHEREAS, both the City and the County recognize that the
installation of this Equipment is beneficial to the traveling
public and area residents; and
WHEREAS, the cost for the Equipment at any existing or
future Traffic Signal within the City will be the responsibility
of the City; and
WHEREAS, if the County is installing a new Traffic Signal
or modifying an existing one, the County may install the
Equipment to the Traffic Signal, if requested and supplied by
the City; and
WHEREAS, if the County is not installing a new Traffic
Signal or modifying an existing one and the City wants the
Equipment added to an existing Traffic Signal, the County may
allow the City to install the Equipment on Traffic Signals
provided certain criteria are met, as stated below in the terms
of the agreement; and
RESOLUTION NO. 20-15
Page 1 of 2
WHEREAS, the purpose of this Agreement is to identify and
define both the City' s and the County' s respective obligations
and responsibilities concerning the installation and maintenance
of Equipment on Traffic Signals in the City.
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 approve the intergovernmental
agreement between the City and the County, attached hereto as
Attachment A, and the Mayor is hereby authorized to sign the
agreement on behalf of the City.
2) The City Manager 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
SIGNED AND ATTESTED TO THIS DAY OF , 2020 .
JEFF SERDY
Mayor
ATTEST :
JENNIFER PENA
City Clerk
APPROVED AS TO FORM:
RICHARD J. STERN
City Attorney
RESOLUTION NO. 20-15
Page 2 of 2
INTERGOVERNMENTAL AGREEMENT BETWEEN MARICOPA COUNTY
AND THE CITY OF APACHE JUNCTION FOR EMERGENCY MEDICAL
SERVICES PREEMPTION EQUIPMENT INSTALLATION AND MAINTENANCE ON
COUNTY-OWNED TRAFFIC SIGNAL AT BASELINE ROAD AND MERIDIAN ROAD
(TT0591)
(C-64-20- -M-00)
This Intergovernmental Agreement (Agreement) is between the County of Maricopa, a political
subdivision of the State of Arizona (County), and the City of Apache Junction, an Arizona
municipal corporation (City). The County and the City are collectively referred to as the Parties
or individually as a Party.
STATUTORY AUTHORIZATION
1. A.R.S. §§ 11-251 and 28-6701 et. seq. authorize the County to lay out, maintain, control
and manage public roads within the County.
2. 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.
3. A.R.S. §§ 9-240 and 9-276 et. seq. authorize the City to lay out and establish, regulate
and improve streets within the City and to enter into this Agreement.
BACKGROUND
4. The County is installing a traffic signal at the intersection of Baseline Road and Meridian
Road based on a warrant analysis (Project).
5. The City identified a need for fire and emergency medical services preemption equipment
at the County-owned and maintained traffic signal at Baseline Road and Meridian Road
(the Signal) and requested a cooperative agreement to define responsibilities for installing
and maintaining such equipment.
PURPOSE OF THE AGREEMENT
6. The purpose of this Agreement is to identify and define both Parties' respective obligations
and responsibilities concerning the installation and maintenance of fire and emergency
medical services preemption equipment on the Signal as part of the Project.
Page 1 of 7
TERMS OF THE AGREEMENT
7. Responsibilities of the County:
7.1 The County shall act as the lead agency for all aspects of the Project.
7.2 The County shall install the fire and emergency medical services preemption
equipment supplied by the City for the Signal as part of the Project.
7.3 The County shall require the contractor to coordinate with the City for delivery of
the fire and emergency medical services preemption equipment to the Project site.
7.4 The County shall provide routine maintenance of the fire and emergency medical
services preemption equipment on the Signal upon completion of the Project.
8. Responsibilities of the City:
8.1 The City shall supply the fire and emergency medical services preemption
equipment to the County for the Signal and shall incur all costs for the purchase of
the fire and emergency medical services preemption equipment being installed on
the Signal.
8.2 The City shall ensure the fire and emergency medical services preemption
equipment purchased is compatible with the County traffic signals and controllers.
8.3 The City shall provide all parts for the fire and emergency medical services
preemption equipment to the County to perform normal, routine maintenance.
8.4 Upon cancellation of this Agreement, the City shall bear all costs related to the
removal of any equipment specific to the City and all cost necessary to replace the
equipment with Maricopa County Department of Transportation (MCDOT)
standard equipment.
GENERAL TERMS AND CONDITIONS
9. By entering into this Agreement, the Parties agree that to the extent permitted by law,
each Party will indemnify, defend and save the other Parties harmless, including any of
the Parties' departments, agencies, officers, employees, elected officials or agents, from
and against all loss, expense, damage or claim of any nature whatsoever which is caused
by any activity, condition or event arising out of the negligent performance or
nonperformance by the indemnifying Party of any of the provisions of this Agreement. By
entering into this Agreement, each Party agrees to indemnify the other against all liability,
losses and damages of any nature for or on account of any injuries or death of persons or
damages to or destruction of property arising out of or in any way connected with the
performance or nonperformance of this Agreement, except such injury or damage as shall
have been caused or contributed to by the negligence of that other Party. The damages
which are the subject of this indemnity shall include but not be limited to the damages
incurred by any Party, its departments, agencies, officers, employees, elected officials or
agents. In the event of an action, the damages which are the subject of this indemnity shall
include costs, expenses of litigation and reasonable attorney fees.
Page 2 of 7
10. This Agreement shall become effective as of the date it is approved by the Maricopa
County Board of Supervisors and remain in full force and effect for five (5) years. It may
be extended or amended upon written Agreement by all Parties. Any Party may terminate
this Agreement upon furnishing the other Party with a written notice at least thirty (30)
days prior to the effective termination date.
11. This Agreement shall be subject to the provisions of A.R.S. Section 38-511.
12. The Parties warrant that they are in compliance with A.R.S. Section 41-4401 and further
acknowledge that:
12.1 Any contractor or subcontractor who is contracted by a Party to perform work on
the Project shall warrant their compliance with all federal immigration laws and
regulations that relate to their employees and their compliance with A.R.S. Section
23-214(A), and shall keep a record of the verification for the duration of the
employee's employment or at least three (3) years, whichever is longer.
12.2 Any breach of the warranty shall be deemed a material breach of the contract that
is subject to penalties up to and including termination of the contract.
12.3 The Parties retain the legal right to inspect the papers of any contractor or
subcontractor employee who works on the Project to ensure that the contractor or
subcontractor is complying with the warranty above and that the contractor agrees
to make all papers and employment records of said employee available during
normal working hours in order to facilitate such an inspection.
12.4 Nothing in this Agreement shall make any contractor or subcontractor an agent or
employee of the Parties to this Agreement.
13. Each Party to this Agreement warrants that neither it nor any contractor or vendor under
contract with the Party to provide goods or services toward the accomplishment of the
objectives of this Agreement is suspended or debarred by any federal agency which has
provided funding that will be used in the Project described in this Agreement.
14. Each of the following shall constitute a material breach of this Agreement and an event of
default ("Default") hereunder: A Party's failure to observe or perform any of the material
covenants, conditions or provisions of this Agreement to be observed or performed by that
Party ("Defaulting Party"), where such failure shall continue for a period of thirty (30) days
after the Defaulting Party receives written notice of such failure from the non-defaulting
Party provided, however, that such failure shall not be a Default if the Defaulting Party has
commenced to cure the Default within such thirty(30)day period and thereafter is diligently
pursuing such cure to completion, but the total aggregate cure period shall not exceed
ninety (90) days unless the Parties agree in writing that additional time is reasonably
necessary under such circumstances to cure such default. In the event a Defaulting Party
fails to perform any of its material obligations under this Agreement and is in Default
pursuant to this Section, the non-defaulting Party, at its option, may terminate this
Agreement. Further, upon the occurrence of any Default and at any time thereafter, the
non-defaulting Party may, but shall not be required to, exercise any remedies now or
hereafter available to it at law or in equity.
Page 3 of 7
15. All notices required under this Agreement to be given in writing shall be sent to:
Maricopa County Department of Transportation
Attn: Intergovernmental Relations Branch
2901 W. Durango Street
Phoenix, Arizona 85009
City of Apache Junction
Public Works Department
Attn: Michael Wever, P.E., Director
575 E. Baseline Avenue
Apache Junction, Arizona 85119
All notices required or permitted by this Agreement or applicable law shall be in writing
and may be delivered in person (by hand or courier) or may be sent by regular, certified
or registered mail or U.S. Postal Service Express Mail, with postage prepaid, and shall be
deemed sufficiently given if served in a manner specified in this paragraph. Either Party
may by written notice to the other specify a different address for notice. Any notice sent
by registered or certified mail, return receipt requested, shall be deemed given on the date
of delivery shown on the receipt card, or if no delivery date is shown, the postmark thereon.
If sent by regular mail, the notice shall be deemed given 72 hours after the notice is
addressed as required in this paragraph and mailed with postage prepaid. Notices
delivered by United States Express Mail or overnight courier that guarantee next day
delivery shall be deemed given 24 hours after delivery of the notice to the Postal Service
or courier.
16. This Agreement does not imply authority to perform any tasks, or accept any responsibility,
not expressly stated in this Agreement.
17. This Agreement does not create a duty or responsibility unless the intention to do so is
clearly and unambiguously stated in this Agreement.
18. This Agreement does not grant authority to control the subject roadway, except to the
extent necessary to perform the tasks expressly undertaken pursuant to this Agreement.
19. Any funding provided for in this Agreement, other than in the current fiscal year, is
contingent upon being budgeted and appropriated by the Maricopa County Board of
Supervisors and the Apache Junction City Council in such fiscal year. This Agreement
may be terminated by any Party at the end of any fiscal year due to non-appropriation of
funds.
20. This Agreement shall be binding upon and inure to the benefit of the Parties and their
respective successors and assignees. Neither Party shall assign its interest in this
Agreement without the prior written consent of the other Party.
21. This Agreement and all Exhibits attached to this Agreement set forth all of the covenants,
promises, agreements, conditions and understandings between the Parties to this
Agreement, and there are no covenants, promises, agreements, conditions or
understandings, either oral or written, between the Parties other than as set forth in this
Agreement, and those agreements which are executed contemporaneously with this
Agreement. This Agreement shall be construed as a whole and in accordance with its fair
Page 4 of 7
meaning and without regard to any presumption or other rule requiring construction
against the party drafting this Agreement. This Agreement cannot be modified or changed
except by a written instrument executed by all of the Parties hereto. Each Party has
reviewed this Agreement and has had the opportunity to have it reviewed by legal counsel.
22. The waiver by any Party of any right granted to it under this Agreement is not a waiver of
any other right granted under this Agreement, nor may any waiver be deemed to be a
waiver of a subsequent right obtained by reason of the continuation of any matter
previously waived.
23. Wherever possible, each provision of this Agreement shall be interpreted in such a manner
as to be valid under applicable law, but if any provision shall be invalid or prohibited under
the law, such provision shall be ineffective to the extent of such prohibition or invalidation
but shall not invalidate the remainder of such provision or the remaining provisions.
24. Except as otherwise provided in this Agreement, all covenants, agreements,
representations and warranties set forth in this Agreement or in any certificate or
instrument executed or delivered pursuant to this Agreement shall survive the expiration
or earlier termination of this Agreement for a period of one (1) year.
25. Nothing contained in this Agreement shall create any partnership, joint venture or other
agreement between the Parties hereto. Except as expressly provided in this Agreement,
no term or provision of this Agreement is intended or shall be for the benefit of any person
or entity not a party to this Agreement, and no such other person or entity shall have any
right or cause of action under this Agreement.
26. Time is of the essence concerning this Agreement. Unless otherwise specified in this
Agreement, the term "day" as used in this Agreement means calendar day. If the date for
performance of any obligation under this Agreement or the last day of any time period
provided in this Agreement falls on a Friday, Saturday, Sunday or legal holiday, then the
date for performance or time period shall expire at the close of business on the first day
thereafter which is not a Friday, Saturday, Sunday or legal holiday.
27. Sections and other headings contained in this Agreement are for reference purposes only
and shall not affect in any way the meaning or interpretation of this Agreement.
28. This Agreement may be executed in two or more counterparts, each of which shall be
deemed an original but all of which together shall constitute the same instrument. Faxed,
copied and scanned signatures are acceptable as original signatures.
29. The Parties agree to execute and/or deliver to each other such other instruments and
documents as may be reasonably necessary to fulfill the covenants and obligations to be
performed by such Party pursuant to this Agreement.
30. The Parties hereby agree that the venue for any claim arising out of or in any way related
to this Agreement shall be Maricopa County, Arizona.
31. This Agreement shall be governed by the laws of the State of Arizona.
End of Agreement- Signature Page Follows
Page 5 of 7
IN WITNESS WHEREOF, the Parties have executed this Agreement.
CITY OF APCHE JUNCTION
Recommended by.-
Bryant Powell Date
City Manager
Approved and Accepted by:
Jeff Serdy Date
City Mayor
Attest by:
Jennifer Pena Date
City Clerk
APPROVAL OF CITY ATTORNEY
I hereby state that I have reviewed the proposed Intergovernmental Agreement and declare the
Agreement to be in proper form and within the powers and authority granted to the Party by their
respective governing bodies under the laws of the State of Arizona.
City Attorney Date
Page 6 of 7
IN WITNESS WHEREOF, the Parties have executed this Agreement.
MARICOPA COUNTY
Recommended by:
02. l2 Z6 Z.o
Jen fer th, P.E. Date
Tra s ation Director
Approved and Accepted by:
Chairman Date
Board of Supervisors
Attest by:
Clerk of the Board Date
APPROVAL OF DEPUTY COUNTY ATTORNEY
I hereby state that I have reviewed the proposed Intergovernmental Agreement and declare the
Agreement to be in proper form and within the powers and authority granted to the County by the
Board of Supervisors under the laws of the State of Arizona.
Deputy County Attorney Date
Page 7 of 7
Consent Agenda Approval : 20- 186
Resolution 20 - 15 : IGA with MCDOT
Meridian / Baseline
Traffic Signal Preemption Equipment
Emile Schmid, P. E.
City Engineer
April 7, 2020
Intergovernmental Agreement ( IGA)
• IGA between Maricopa County and the City for
Baseline / Meridian traffic signal improvements
( Resolution 20- 14, 4/7/2020 File ID 20- 185 ) 6
• The City requested emergency vehicle
preemption equipment be installed on Maricopa
County owned traffic signal at Meridian Dr. and
Baseline Ave .
• Both Parties recognize that the installation of this
equipment is beneficial to the travelling public Arm
and area residents . to*
Resolution 20-15: 1GA with MCDOT—Traffic Signal Preemption Equipment 2
Intergovernmental Agreement ( IGA)
• The cost for and maintenance of the equipment
and at any existing or future Maricopa County
owned traffic signal within the city will be the
responsibility of the city.
• Maricopa County and city staff developed the IGA ,
Arm
15*
Resolution 20-15: 1GA with MCDOT—Traffic Signal Preemption Equipment 3
Staff Recommendation
The Public Works Department recommends
APPROVAL
Consent Agenda on 4/7/2020
Questaions
Thank You
Resolution 20-15: 1GA with MCDOT—Traffic Signal Preemption Equipment 4
City of Apache Junction, Arizona 300 E Superstition
Boulevard
U 2 Agenda Item Cover Sheet Apache Junction,AZ 85119
` Agenda Item No. 7.
'+PizoN►' File ID: 20-177
Sponsor: Jeff Serdy Agenda Date:4/7/2020
Index: In Control: City Council Meeting
Announcement of current events from mayor and councilmembers.
City of Apache Junction,Arizona Page 1 Printed on 611512026
City of Apache Junction, Arizona 300 E Superstition
Boulevard
U Agenda Item Cover Sheet Apache Junction,AZ 85119
` Agenda Item No.8.
Piz File ID: 20-178
Sponsor: Bryant Powell Agenda Date:4/7/2020
Index: In Control: City Council Meeting
City Manager's Report.
City of Apache Junction,Arizona Page 1 Printed on 611512026
City of Apache Junction, Arizona 300 E Superstition
Boulevard
U Agenda Item Cover Sheet Apache Junction,AZ 85119
` Agenda Item No.9.
Piz File ID: 20-168
Sponsor: Bryant Powell Agenda Date:4/7/2020
Index: In Control: City Council Meeting
As required by Apache Junction City Code, Volume I, Chapter 3: Administration, Article 3-11:
Department of the Library, §§ 3-11-1(B), the city manager is seeking ratification of Pamela
Harrison for appointment to the position of Library Director.
City of Apache Junction,Arizona Page 1 Printed on 611512026
City of Apache Junction, Arizona 300 E Superstition
Boulevard
U Agenda Item Cover Sheet Apache Junction,AZ 85119
` Agenda Item No. 10.
Piz File ID: 20-179
Sponsor: Bryant Powell Agenda Date:4/7/2020
Index: In Control: City Council Meeting
Executive Session at 6:00 P.M. and Work Session at 7:00 P.M. for Monday, April 20, 2020.
Executive Session at 6:00 P.M. and Work Session at 7:00 P.M. for Tuesday, April 21, 2020 in
the city council conference room and city council chambers located at 300 E. Superstition
Boulevard, Apache Junction, Arizona, respectively; and other meetings if necessary.
City of Apache Junction,Arizona Page 1 Printed on 611512026