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2022 04.05 City Council Regular Agenda
City Council Meeting City of Apache Junction, Arizona Agenda Meeting location: City Council Chambers at City Hall 300 E. Superstition Blvd Apache Junction, AZ 85119 apachejunctionaz.gov Ph: (480) 982-8002 City Council Chambers7:00 PMTuesday, April 5, 2022 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. 1.22-177 Consideration of acceptance of agenda. Sponsors:Jennifer Pena 2.22-178 Consideration of approval of minutes of the regular meeting of March 15th, 2022. Sponsors:Jennifer Pena Meeting Minutes 03152022Attachments: 3.22-186 Consideration of approval of proposed Resolution No. 22-04, authorizing the city to enter into an Intergovernmental Agreement (IGA) Amendment No. 1 with the Arizona Department of Transportation for additional federal funds in the amount of $1,549,901 for sidewalk improvements on Old West Highway from Idaho Road to Goldfield Road and on Winchester Road from 6th Avenue to Old West Highway. Sponsors:Raquel Schatz Council Memo Resolution 22-04 Resolution No 22-04 IGA Amendment 01 20-0007697-Amend One-Dist SC-City of Apache Junction-T024201D_01C-DRAFT 22-XXX Res 22-04 OWH Sidewalk IGA Amendment 20220404 Attachments: Page 1 City of Apache Junction, Arizona Printed on 6/17/2026 April 5, 2022City Council Meeting Agenda 4.22-188 Consideration of approval of Resolution No. 22-06, authorizing the city to enter into the Intergovernmental Agreement (IGA) Amendment No.1 with the Arizona Department of Transportation for additional federal funds in the amount of $342,600 for bicycle and pedestrian improvements on Idaho Road from Superstition Boulevard to McKellips Road. Sponsors:Raquel Schatz Council Memo Resolution 22-06 Resolution No 22-06 IGA Amendment 01 19-0007587-Amend One-Dist SC-City of Apache Junction-T023701D_01C-DRAFT 22-XXX Res 22-06 Idaho Road IGA Amendment 20220309 Attachments: 5.22-202 Consideration of approval of proposed Resolution No. 22-07, authorizing the city to enter into an Intergovernmental Agreement (IGA) Amendment No. 1 with Arizona Department of Transportation for change in the design funds from $350,000 to $30,000 for a road widening project on Winchester Road from 29th Avenue to Southern Avenue. Sponsors:Raquel Schatz Resolution No 22-07 IGA Amendment 01 Council Memo Resolution 22-07 City Review-21-0008238-Amend One T032401D_03D_01C-DRAFT 20220323 Attachments: 6.22-196 Consideration of approval on proposed construction agreement with Southwest Sawcutting and Milling, LLC, dba SWB Paving, for Project PWC 2018-02 / RA 108-22, Saguaro Drive West Improvements in an amount of $509,109.05, allowing for a contingency of 10% for a project amount not to exceed $560,019.96. This work is funded by the city’s Fiscal Year 2021 Community Development Block Grant Regional Account and State Special Project funding as requested by city council under Resolution No. 21-24. Sponsors:Raquel Schatz Staff Report - Council Memo Construction Agreement - Southwest Sawcutting Milling LLC Attachments: Page 2 City of Apache Junction, Arizona Printed on 6/17/2026 April 5, 2022City Council Meeting Agenda 7.22-197 Consideration of approval for an award of contract to Sunland Asphalt for the reconstruction of Lost Dutchman Boulevard from Idaho Road to Tomahawk Road. The work is planned for May of this year and should be fully completed in June, 2022 and it will be through the 1 Government Procurement Alliance Cooperative Contract No. 17-16P-05 in the amount of $713,176.15, plus a 10% contingency for unforeseen change orders in the amount of $71,317.61, for a total amount not to exceed $784,493.76. The work will result in a new pavement surface; in addition, bike lanes for this portion of Lost Dutchman Boulevard as presented and discussed at the July 6, 2021 City Council Work Session for the Fiscal Year 2022 Capital Improvement Plan & Street Maintenance Plan. Sponsors:Shane Kiesow Staff Memo HFS22-03 Sunland RS Apr2022 HFS22-03 Agreement Attachments: 8.22-198 Consideration of approval for an award of contract to Sunland Asphalt for the reconstruction of Idaho Road from Superstition Boulevard to Lost Dutchman Boulevard. The work is planned for June, 2022 and should be fully completed in July, 2022 (in time for the new school year 2023 to start) and it will be through the 1 Government Procurement Alliance Cooperative Contract No. 17-16P-05 in the amount of $1,058,634.00, plus a 10% contingency for unforeseen change orders in the amount of $105,863.40, for a total not to exceed $1,164,497.40. The work will result in a new road base and pavement surface for this portion of Idaho Road, as presented and discussed at the July 6, 2021 City Council Work Session for the Fiscal Year 2022 Capital Improvement Plan & Street Maintenance Plan. Sponsors:Shane Kiesow Staff Memo HFS22-04 Sunland RS Apr2022 HFS22-04 Agreement - Sunland Attachments: 9.22-199 Consideration of approval for an award of contract to Sunland Asphalt for the asphalt overlay of Idaho Road from SR88 to Superstition Boulevard. The work is planned for June, 2022 and is to be fully completed in July, 2022, it will be through the 1 Government Procurement Alliance Cooperative Contract No.17-16P-05 in the amount of $118,632.00, plus a 10% contingency for unforeseen change orders in the amount of $11,863.20, for a total not to exceed $130,495.20 and it will result in a new pavement surface for this portion of Idaho Road, as part of the Fiscal Year 2023 Capital Improvement & Street Maintenance Plan. Sponsors:Shane Kiesow Staff Memo SST22-07 Sunland RS Apr202 HFS22-07 Agreement - Sunland Attachments: Page 3 City of Apache Junction, Arizona Printed on 6/17/2026 April 5, 2022City Council Meeting Agenda 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. 10.22-099 Proclamation designating the week of April 10, 2022 through April 16, 2022 as "National Public Safety Telecommunications Week". Sponsors:Michael Pooley 2022 National Public Safety Telecommunicators WeekAttachments: 11.22-207 Proclamation designating the week of April 3rd through April 9th, 2022 as National Library Week. Sponsors:Pamela Harrison 2022 National Library WeekAttachments: F.REGIONAL INTERGOVERNMENTAL UPDATES The mayor or any member of council may at this time present a brief summary of any regional intergovernmental updates. However, no discussion shall take place on such items except for clarifying comments related to substance, time and location. 12.22-179 Brief summary of intergovernmental updates from mayor and councilmembers. Sponsors:Chip Wilson 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. 13.22-180 City Manager's Report. Sponsors:Bryant Powell 14.22-181 Announcement of current events. Sponsors:Al Bravo 15.22-203 Discussion and appreciation for retiring Apache Junction Police Commander, Troy Mullender for his 37 years of service. 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. Page 4 City of Apache Junction, Arizona Printed on 6/17/2026 April 5, 2022City Council Meeting Agenda 16.22-119 Presentation, discussion, and public hearing by Carson Bise, of TischlerBise, on the updated Land Use Assumptions, Infrastructure Improvements Plan and Development Fee draft report dated March 30, 2022. Sponsors:Rudy Esquivias AJ City Council Meeting 04.05.22 DRAFT AJ LUA & Fees 03.30.22 Attachments: 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. K.COUNCIL DIRECTION TO STAFF This item allows the mayor and city council to direct staff on specifically listed matters. 17.22-208 Direction to staff on the process for filling Apache Junction City Council vacancies. Sponsors:Joel Stern L.SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES 18.22-182 Executive Session at 6:00 P.M. for Monday, April 18th and Executive Session at 6:00 P.M. for Tuesday, April 19th in the city council conference room located at 300 E. Superstition Boulevard in Apache Junction, Arizona and other meetings scheduled if necessary. Sponsors:Jennifer Pena 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. Page 5 City of Apache Junction, Arizona Printed on 6/17/2026 April 5, 2022City Council Meeting Agenda 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. Page 6 City of Apache Junction, Arizona Printed on 6/17/2026 Agenda Item Cover Sheet City of Apache Junction, Arizona 300 E Superstition Boulevard Apache Junction, AZ 85119 File ID: 22-177 Agenda Item No. 1. Agenda Date: 4/5/2022 Sponsor: Jennifer Pena In Control: City Council MeetingIndex: Consideration of acceptance of agenda. Page 1 City of Apache Junction, Arizona Printed on 6/17/2026 Agenda Item Cover Sheet City of Apache Junction, Arizona 300 E Superstition Boulevard Apache Junction, AZ 85119 File ID: 22-178 Agenda Item No. 2. Agenda Date: 4/5/2022 Sponsor: Jennifer Pena In Control: City Council MeetingIndex: Consideration of approval of minutes of the regular meeting of March 15th, 2022. Page 1 City of Apache Junction, Arizona Printed on 6/17/2026 Meeting location: City Council Chambers at City Hall 300 E. Superstition Blvd Apache Junction, AZ 85119 apachejunctionaz.gov Ph: (480) 982-8002 City of Apache Junction, Arizona Meeting Minutes City Council Meeting 7:00 PM City Council ChambersTuesday, March 15, 2022 CALL TO ORDERA. Mayor Wilson called the meeting to order at 7:00 pm. INVOCATION AND PLEDGE OF ALLEGIANCEB. Vice Mayor Rizzi gave the invocation and Councilmember Gremmel led the Pledge of Allegiance. ROLL CALLC. Mayor Wilson Vice Mayor Rizzi Councilmember Evans Councilmember Schroeder Councilmember Nesser Councilmember Gremmel Present:6 - City Staff in Attendance: Bryant Powell, City Manager Joel Stern, City Attorney Jennifer Pena, City Clerk Michael Pooley, Police Chief Carlena Lawson, Administrative Assistant Police Department CONSENT AGENDAD. Vice Mayor Rizzi moved, seconded by Councilmember Nesser that the consent agenda be accepted as presented. Yes:Mayor Wilson, Vice Mayor Rizzi, Councilmember Evans, Councilmember Schroeder, Councilmember Nesser and Councilmember Gremmel 6 - No:0 Mayor Wilson called for a motion. 1.22-157 Consideration of acceptance of agenda. 2.22-158 Consideration of approval of minutes of the regular meeting of March 1st, 2022. Page 1City of Apache Junction, Arizona March 15, 2022City Council Meeting Meeting Minutes 3.22-163 Consideration of approval of proposed Resolution No. 22-05 authorizing the submission of application(s) to the Governor's Office of Highway Safety Federal Fiscal Year 2023 Grant Program. AWARDS, PRESENTATIONS AND PROCLAMATIONSE. 4.22-129 Presentation of 35-year Service Award to Carlena Lawson, of the Apache Junction Police Department. Carlena Lawson was recognized for 35 years of service to the city. REGIONAL INTERGOVERNMENTAL UPDATESF. 5.22-159 Brief summary of intergovernmental updates from mayor and councilmembers. Councilmember Schroeder said on March 8, 2022 the Arizona Supreme Court rendered an opinion of the proposed sales tax for the Pinal County Transportation Plan. He said: 1) Pinal County complied with state law in adopting the transportation tax; 2) The Pinal County Board of Supervisors and the Pinal County Regional Transportation Board of Directors acted lawfully concerning the resolution and the ballot approving the proposed excise tax; 3) The excise tax itself was unlawful because the legislature had not delegated authority to the Pinal County Board of Supervisors to adopt a two-tiered tax rate; 4) Voters were left with an approved transportation plan, but no legitimate proposed excise tax approved by the voters; and, 5) A correction can be made by submitting a new excise tax to the voters, but it must occur within five years after the initial voter approval that occurred on November 7, 2017. 6) The $80 million that has been collected to date will remain in an escrow account and no further collection will occur until the issue is resolved. Mayor Wilson said he attended a meeting of the Phoenix-Mesa Gateway Airport board of directors. He said they continue to see a record increase of passengers departing and arriving. There are also plans to expand fuel capability and parking facilities. CITY MANAGER'S REPORTG. 6.22-160 City Manager's Report. City Manager Bryant Powell recognized the importance of the Pinal County Regional Transportation Board and how important they are for the infrastructure of the county. Mr. Powell also recognized the Blues and Brews Festival that was held at Flatiron Park on March 12th. Mayor Wilson announced the Pinal County Fair is starting March 16th and runs through March 20th. A local 4-H Club, Country Kickers 4-H Club, will have four calves in the auction on Saturday, March 19th at 12:00 pm. Page 2City of Apache Junction, Arizona March 15, 2022City Council Meeting Meeting Minutes 7.22-137 Discussion and presentation by Stephen Herring of Republic Services on free dump week and update on Landfill activity. Jim Groen of Republic Services announced he is moving to San Diego and introduced his replacement, Adena Gilden. Ms. Gilden introduced herself to the council. She also introduced WIlliam Hathaway, the new Hauling Operations Manager. Stephen Herring of Republic Services gave an update on free dump week and landfill activity. 8.22-161 Announcement of current events. PUBLIC HEARINGSH. OLD BUSINESSI. NEW BUSINESSJ. COUNCIL DIRECTION TO STAFFK. 9.22-144 Presentation and discussion on the process for filling Apache Junction City Council vacancies. City Attorney Joel Stern gave a presentation on the statutes and process for filling Apache Junction City Council vacancies. City Manager Bryant Powell reviewed the recommended time frame for the appointment. The city council and staff discussed the length of the term of the appointment to the seat vacated by Mr. Braden Biggs. Due to the vacancy occurring more than 30 days before the nomination petitions deadline State statute requires Mr. Biggs council seat will only have an appointment until the next regularly scheduled election, which is August 2, 2022. This vacancy will be on the ballot for that remaining term. Depending on the outcome of that election, other scenarios may come into play. Discussion was held on council’s discretion on the questions they wish to ask those applicants who apply to be appointed to this council seat and who past councils have filled mid-term vacancies. City Clerk Jennifer Pena reviewed her role as the Election Official for the city. SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSESL. 10.22-162 Executive Session at 6:00 P.M. for Monday, April 4th and Executive Session at 6:00 P.M. for Tuesday, April 5th in the city council conference room located at 300 E. Superstition Boulevard in Apache Junction, Arizona and other meetings scheduled if necessary. Councilmember Nesser moved, seconded by Councilmember Evans that an executive session at 6:00 p.m. for Monday, April 4 and Tuesday, April 5, 2022, be held in the city council conference room located at 300 E. Superstition Boulevard, Apache Junction, Arizona, and other meetings be scheduled if necessary. Yes:Mayor Wilson, Vice Mayor Rizzi, Councilmember Evans, Councilmember Schroeder, Councilmember Nesser and Councilmember Gremmel 6 - No:0 Page 3City of Apache Junction, Arizona March 15, 2022City Council Meeting Meeting Minutes CALL TO PUBLICM. George Schroeder, 2224 W. Virginia Street, Apache Junction, said the country should be doing more for Ukraine, he asked what the criteria is for city council appointment and said he wants to put a hold on the tax. ADJOURNMENTN. Mayor Wilson adjourned the meeting at 7:51 p.m. ACCEPTED THIS DAY OF , 2022, BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA. SIGNED AND ATTESTED TO THIS DAY OF , 2022. WALTER “CHIP” WILSON Mayor ATTEST: JENNIFER PEÑA 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 _____________________, 2022. I further certify that the meeting was duly called and held and that a quorum was present. Dated this day of , 2022. JENNIFER PEÑA Page 4City of Apache Junction, Arizona Agenda Item Cover Sheet City of Apache Junction, Arizona 300 E Superstition Boulevard Apache Junction, AZ 85119 File ID: 22-186 Agenda Item No. 3. Agenda Date: 4/5/2022 Sponsor: Raquel Schatz In Control: City Council MeetingIndex: Consideration of approval of proposed Resolution No. 22-04, authorizing the city to enter into an Intergovernmental Agreement (IGA) Amendment No. 1 with the Arizona Department of Transportation for additional federal funds in the amount of $1,549,901 for sidewalk improvements on Old West Highway from Idaho Road to Goldfield Road and on Winchester Road from 6th Avenue to Old West Highway. Page 1 City of Apache Junction, Arizona Printed on 6/17/2026 575 E. Baseline Avenue, Apache Junction, A Z 851 19 Voic e (480) 982 -1055 FAX (480 ) 982 -8005 Public Works Department City of Apache Junction Home of the Superstition Mountains MEMORANDUM Date: April 4, 2022 To: Mayor and Members of City Council Through Bryant Powell, City Manager Mike Wever P.E., Public Works Director From: Raquel Schatz, Project Engineer Subject: Utilization of Unobligated Congestion Mitigation and Air Quality (CMAQ) Funds Old W est Highway Pedestrian Improvement Project REQUEST The City pursued additional federal funds for sidewalks on Old West Highway between Idaho and Goldfield Roads and on Winchester Road between Old West Highway and the 6th Avenue alignment in 2020 due to the construction cost increase during design. BACKGROUND The city applied for construction funds through MAG’s Active Transportation Committee in 2017 for construction to occur in 2021. Upon the award of federal funds in 2017 the project then became elgible to apply for MAG close out funds in October of 2021 to cover the construction increase. The Intergovernmental Agreement Amendment needs to be executed prior to June 1st, 2022 otherwise funds could be in jeoparody. DISCUSSION IGA 20-0007697-I IGA 22-0008467-I PDA Costs City 100% $ 30,000.00 City 100% $ 30,000.00 Design Federal 94.3% $ 365,413.00 Federal 94.3% $ 365,413.00 City 5.7% $ 22,087.00 City 5.7% $ 22,087.00 Subtotal – Design/PDA $ 417,500.00 $ 417,500.00 Construction Federal 94.3% $ 1,461,557.00 Federal 94.3% $ 3,184,100.00 City 5.7% $ 88,344.00 City 5.7% $ 192,464.00 Subtotal – Construction $ 1,549,901.00 $ 3,376,564.00 Estimated TOTAL Project Cost $ 1,967,401.00 $ 3,794,064.00 Estimated City Funds 7.1% $ 140,431.00 $ 244,551.00 Estimated Federal Funds 92.9% $ 1,826,970.00 $ 3,549,513.00 575 E. Baseline Avenue, Apache Junction, A Z 851 19 Voic e (480) 982 -1055 FAX (480 ) 982 -8005 Public Works Department City of Apache Junction Home of the Superstition Mountains RECOMMENDATION The Public Works Department is requesting City Council approval of the new Joint Project Agreement (JPA) / Intergovernmental Agreement (IGA) with ADOT which will provide both design services and construction funding for the Old West Highway Sidewalk Improvement Project. ACTION REQUIRED Review, discussion, and consideration of the proposed IGA Amendment #1 at the April 4th, 2022 Working Session with consideration at the April 5th, 2022 Regular Session. Attachment: IGA Amendment #1 & Exhibit A RESOLUTION NO. 22-04 PAGE 1 OF 2 RESOLUTION NO. 22-04 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AUTHORIZING THE CITY TO ENTER INTO AMENDMENT NO. ONE TO THE INTERGOVERNMENTAL AGREEMENT WITH THE STATE OF ARIZONA FOR THE OLD WEST HIGHWAY PEDESTRIAN IMPROVEMENT PROJECT. WHEREAS, the City of Apache Junction(“City”) and the State of Arizona Department of Transportation (“ADOT”) desire to enter into an Intergovernmental Agreement (“IGA”) for a sidewalk improvement project on Old West Highway between Idaho and Goldfield Roads and Winchester Road between Old West Highway and the 6th Avenue Alignment (the “Project”); and WHEREAS, the City acquired additional federal-aid funds to help with the increase construction costs; and WHEREAS, the attached written amendment (“IGA/JPA 20- 0007697-I, Amendment No. One: 22-0008467-I”) modifies the original financial and administrative conditions for construction of the Project. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION ARIZONA, AS FOLLOWS: 1) The Mayor and City Council hereby approve the attached IGA and the Mayor is hereby authorized to sign the agreement on behalf of the City. 2) The City Manager and/or his designee is authorized and 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 _________________, 2022. SIGNED AND ATTESTED TO THIS _____ DAY OF ________________, 2022. WALTER “CHIP” WILSON Mayor RESOLUTION NO. 22-04 PAGE 2 OF 2 ATTEST: JENNIFER PENA City Clerk APPROVED AS TO FORM: RICHARD J. STERN City Attorney Page 1 of 4 ADOT File No.: IGA 20-0007697-I Amendment No. One: 22-0008467-I AG Contract No.: P001 2020 000693 Project Location/Name: Old West Hwy, Idaho Rd to Goldfield Rd Type of Work: Pedestrian Improvements Federal-aid No.: AJP-0(217)T ADOT Project No.: T024201D/03D/01C TIP/STIP No.: APJ20-803D, APJ22-804C CFDA No.: 20.205 - Highway Planning and Construction Budget Source Item No.: NA AMENDMENT NO. ONE TO INTERGOVERNMENTAL AGREEMENT BETWEEN THE STATE OF ARIZONA AND THE CITY OF APACHE JUNCTION THIS AMENDMENT NO. ONE to INTERGOVERNMENTAL AGREEMENT (the “Amendment No. One”), is entered into this date ______________________________, pursuant to Arizona Revised Statutes (“A.R.S.”) §§ 11-951 through 11-954, as amended, between the STATE OF ARIZONA, acting by and through its DEPARTMENT OF TRANSPORTATION (the "State" or “ADOT”) and the CITY OF APACHE JUNCTION, acting by and through its MAYOR and CITY COUNCIL (the “City”).The State and the City are each individually referred to as a “Party” and are collectively referred to as the “Parties.” WHEREAS, the INTERGOVERNMENTAL AGREEMENT, IGA 20-0007697-I, A.G. Contract No. P001 2020 000693, was executed on May 12, 2020, (the “Original Agreement”); WHEREAS, the State is empowered by A.R.S. § 28-401 to enter into this Amendment No. One and has delegated to the undersigned the authority to execute this Amendment No. One on behalf of the State; WHEREAS, the City is empowered by A.R.S. § 48-572 to enter into this Amendment No. One and has by resolution, a copy of which is attached and made a part of, resolved to enter into this Amendment No. One and has authorized the undersigned to execute this Amendment No. One on behalf of the City; and NOW THEREFORE, in consideration of the mutual terms expressed herein, the purpose of this Amendment No. One is to revise Project costs; Exhibit A is revised and replaced accordingly. The Parties desire to amend the Original Agreement, as follows: The Parties incorporate the Recitals set forth above and Exhibit A, attached hereto and made a part hereof, part of the body of this Amendment No. One. IGA: 20-0007697-I Amendment No. One: 22-0008467-I Page 2 of 4 I. RECITALS (NO CHANGES) II. SCOPE OF WORK Section II, Paragraph 2.e, is revised, as follows: 1. The State will: e. After completion of design and prior to bid advertisement, invoice the City for the actual PDA costs, as applicable, and the City’s share of the Project construction costs, estimated at $192,464.00. After the Project costs for construction are finalized, the State will either invoice or reimburse the City for the difference between estimated and actual costs. De-obligate or otherwise release any remaining federal funds from the scoping/design phase of the project. Section II, Paragraph 3.e, is revised, as follows: 2. The City will: e. After completion of design within 30 days of receipt of an invoice from the State and prior to bid advertisement, pay to the State, any outstanding PDA and design costs and the City’s share of the Project construction costs, estimated at $192,464.00. Be responsible for and pay the difference between the estimated and actual construction costs of the Project, within 30 days of receipt of an invoice. III. MISCELLANEOUS PROVISIONS (NO CHANGES) EXCEPT AS AMENDED, ALL OTHER terms and conditions of the Original Agreement remain in full force and effect. THIS AMENDMENT NO. ONE shall become effective upon the signing and dating of all Parties. IN ACCORDANCE WITH A.R.S. § 11-952 (D), the written determination of each Party’s legal counsel providing that the Parties are authorized under the laws of this State to enter into this Amendment No. One and that the Amendment No. One is in proper form is set forth below. IN WITNESS WHEREOF, the Parties have executed this Amendment No. One the day and year first above written. IGA: 20-0007697-I Amendment No. One: 22-0008467-I Page 3 of 4 CITY OF APACHE JUNCTION By ________________________________Date_______________ WALTER “CHIP” WILSON Mayor ATTEST: By ________________________________Date________________ JENNIFER PENA City Clerk I have reviewed the above referenced Intergovernmental Agreement between the State of Arizona, acting by and through its DEPARTMENT OF TRANSPORTATION, and the CITY OF APACHE JUNCTION, an agreement among public agencies which, has been reviewed pursuant to A.R.S. §§ 11-951 through 11-954 and A.R.S. § 48-572 declare this Agreement to be in proper form and within the powers and authority granted to the City under the laws of the State of Arizona. No opinion is expressed as to the authority of the State to enter into this Agreement. Approved as to Form: By ______________________________ Date___________ City Attorney ARIZONA DEPARTMENT OF TRANSPORTATION By ______________________________ Date___________ STEVE BOSCHEN, PE Division Director A.G. Contract No. P001 2020 000693 (ADOT IGA 20-0007697), an Agreement between public agencies, the State of Arizona and the City of Apache Junction has been reviewed pursuant to A.R.S. §§ 11-951 through 11-954 and A.R.S. § 28-401by the undersigned Assistant Attorney General who has determined that it is in the proper form and is within the powers and authority granted to the State of Arizona. No opinion is expressed as to the authority of the remaining Parties, other than the State or its agencies, to enter into said Agreement. By ______________________________ Date___________ Assistant Attorney General IGA: 20-0007697-I Amendment No. One: 22-0008467-I Page 4 of 4 EXHIBIT A IGA 20-0007697-I Amendment No. One: 22-0008467-I Cost Estimate T0242 01D/03D/01C The federal funds will be used for the scoping/design and construction of the Project, including the construction engineering (CE) and administration cost. The estimated Project costs are as follows: ADOT Project Development Administration (PDA) Cost, non-federal-aid: PDA costs* $ 30,000.00 Design: Federal-aid funds @ 94.3% $ 365,413.00 City’s contribution @ 5.7% $ 22,087.00 Subtotal –Design/PDA* $ 417,500.00 Construction: Federal-aid funds @ 94.3% $ 3,184,100.00 City’s match @ 5.7% $ 192,464.00 Subtotal – Construction** $ 3,376,564.00 Estimated TOTAL Project Cost $ 3,794,064.00 Total Estimated City Funds $ 244,551.00 Total Federal Funds $ 3,549,513.00 * (Included in the Estimated City Funds; invoiced and received in accordance with Original Agreement) ** (Includes 15% CE (this percentage is subject to change, any change will require concurrence from the City) and 5% Project contingencies) Direction to Staff: 22-XXX Resolution 22-04: An Intergovernmental Agreement Amendment with Arizona Department of Transportation for Sidewalk Improvements on Old West Highway and Winchester Road. Department of Public Works April 4, 2022 By: Raquel Schatz Background •2017 MAG Awarded $1,549,901 for Construction in 2022 •Active Transportation Committee - CMAQ •2019 MAG Awarded $417,500 for full Design •Closeout Funds – CMAQ •2021 MAG Closeout Funds Awarded $1,826,663 for the increase in the Construction Cost Estimate during design Resolution 22-04: Old West Highway Sidewalk Improvements, Amendment No. 1 •Design is completed •Duration: 18-24 months (ADOT process) •Construction anticipated to begin Fall 2022 Schedule Improvements Resolution 22-04: Old West Highway Sidewalk Improvements, Amendment No. 1 Sidewalk Improvement Project •Old West Highway •Idaho Road to Goldfield Road •Winchester Road •Old West Highway to 6th Avenue (alignment) Project Location Improvements – Old West Highway Resolution 22-04: Old West Highway Sidewalk Improvements, Amendment No. 1 Existing Sidewalks •Detached Sidewalks •Meandering Non Existing Sidewalks •Proposed Sidewalks •Detached and Meandering OR •Attached by the Street Improvements –Winchester Road Resolution 22-04: Old West Highway Sidewalk Improvements, Amendment No. 1 Old West Highway to 6th Avenue •2011 CAC developed their campus, off site improvements included sidewalk, curb & gutter, and street lights along Winchester Road. •City entered into a Development Agreement with CAC to reconstruct Winchester Road from 16th Avenue to Old West Highway at a 60 (City):40 (CAC) split. •CAC did not construct the sidewalks, waiting until they build additional buildings on their property adjacent to the street. •Construction of sidewalk in this area will fill gap and have continuous sidewalks on both sides of Winchester Road from Southern Avenue to Old West Highway. Cost Share ADOT PM & Design Review City’s Match:$ 30,000 Design Federal-aid Funds:$ 365,413 City’s Match:$ 22,087 Subtotal – Design $417,500 Construction Amendment 1 Federal-aid Funds:$ 1,461,557 $ 3,184,100 City’s Match:$ 88,344 $ 192,464 Subtotal – Construction $1,549,901 $ 3,376,564 Construction Federal Funds (CMAQ)$ 1,826,970 $ 3,549,513 Total Estimated City Funds $ 140,431 $ 244,551 Total Estimated Project Costs $ 1,967,401 $ 3,794,064 Resolution 22-04: Old West Highway Sidewalk Improvements, Amendment No. 1 The Public Works Department recommends APPROVAL Consent Agenda on 04/05/22 Timing is extremely crucial as execution and payment needs to be done prior to June 1st, 2022. Resolution 22-04: Old West Highway Sidewalk Improvements, Amendment No. 1 Staff Recommendation 22-XXX Agenda Item Cover Sheet City of Apache Junction, Arizona 300 E Superstition Boulevard Apache Junction, AZ 85119 File ID: 22-188 Agenda Item No. 4. Agenda Date: 4/5/2022 Sponsor: Raquel Schatz In Control: City Council MeetingIndex: Consideration of approval of Resolution No. 22-06, authorizing the city to enter into the Intergovernmental Agreement (IGA) Amendment No.1 with the Arizona Department of Transportation for additional federal funds in the amount of $342,600 for bicycle and pedestrian improvements on Idaho Road from Superstition Boulevard to McKellips Road. Page 1 City of Apache Junction, Arizona Printed on 6/17/2026 575 E. Baseline Avenue, Apache Junction, A Z 851 19 Voice (480) 982 -1055 FAX (480 ) 982 -8005 Public Works Department City of Apache Junction Home of the Superstition Mountains MEMORANDUM Date: April 4, 2022 To: Mayor and Members of City Council Through Bryant Powell, City Manager Mike Wever P.E., Public Works Director From: Raquel Schatz, Project Engineer Subject: Utilization of Unobligated Congestion Mitigation and Air Quality (CMAQ) Funds Idaho Road Bicycle and Pedestrian Improvement Project REQUEST The City pursued additional federal funds for bicycle and pedestrian improvements on Idaho Road from Superstition and McKellips Boulevard in 2021 due to the construction cost increase during design. BACKGROUND The city applied for construction funds through MAG’s Active Transportation Committee in 2017 for construction to occur in 2022. Upon the award of federal funds in 2017 the project then became elgible to apply for MAG close out funds in October of 2021 to cover the construction increase. The Intergovernmental Agreement Amendment needs to be executed prior to June 1st, 2022 otherwise funds could be in jeoparody. DISCUSSION IGA 19-0007587-I IGA 22-0008451-I PDA Costs City 100% $ 30,000.00 City 100% $ 40,000.00 Design Federal Federal City 100% $ 250,000.00 City 100% $ 280,402.00 Subtotal – Design/PDA $ 280,000.00 $ 320,402.00 Construction Federal 94.3% $ 803,097.00 Federal 94.3% $ 1,126,169.00 City 5.7% $ 48,544.00 City 5.7% $ 68,072.00 Subtotal – Construction $ 851,641.00 $ 1,194,241.00 Estimated TOTAL Project Cost $ 1,131,641.00 $ 1,514,643.00 Estimated City Funds 29% $ 328,544.00 25.6% $ 388,474.00 Estimated Federal Funds 71% $ 803,097.00 74.4% $ 1,126,169.00 575 E. Baseline Avenue, Apache Junction, A Z 851 19 Voice (480) 982 -1055 FAX (480 ) 982 -8005 Public Works Department City of Apache Junction Home of the Superstition Mountains RECOMMENDATION The Public Works Department is requesting City Council approval of the new Joint Project Agreement (JPA) / Intergovernmental Agreement (IGA) with ADOT which will provide both design services and construction funding for the Old West Highway Sidewalk Improvement Project. ACTION REQUIRED Review, discussion, and consideration of the proposed IGA Amendment #1 at the April 4th, 2022 Working Session with consideration at the April 5th, 2022 Regular Session. Attachment: IGA Amendment #1 & Exhibit A RESOLUTION NO. 22-06 PAGE 1 OF 2 RESOLUTION NO. 22-06 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AUTHORIZING THE CITY TO ENTER INTO AMENDMENT NO. ONE TO THE INTERGOVERNMENTAL AGREEMENT WITH THE STATE OF ARIZONA FOR THE IDAHO ROAD BICYCLE AND PEDESTRIAN IMPROVEMENT PROJECT. WHEREAS, the City of Apache Junction(“City”) and the State of Arizona Department of Transportation (“ADOT”) desire to enter into an Intergovernmental Agreement (“IGA”) for a bicycle and pedestrian improvement project on Idaho Road between Superstition and McKellips Boulevards (the “Project”); and WHEREAS, the City acquired additional federal-aid funds to help with the increase construction costs; and WHEREAS, the attached written amendment (“IGA/JPA 19- 0007587-I, Amendment No. One: 22-0008451-I”) modifies the original financial and administrative conditions for construction of the Project. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION ARIZONA, AS FOLLOWS: 1) The Mayor and City Council hereby approve the attached IGA and the Mayor is hereby authorized to sign the agreement on behalf of the City. 2) The City Manager and/or his designee is authorized and 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 _________________, 2022. SIGNED AND ATTESTED TO THIS _____ DAY OF ________________, 2022. WALTER “CHIP” WILSON Mayor RESOLUTION NO. 22-06 PAGE 2 OF 2 ATTEST: JENNIFER PENA City Clerk APPROVED AS TO FORM: RICHARD J. STERN City Attorney Page 1 of 4 ADOT File No.: IGA 19-0007587-I Amendment No. One: 22-0008451-I AG Contract No.: P001 2019 003663 Project Location/Name: Idaho Road, Bicycle/Pedestrian Improvements Type of Work: Pedestrian Improvements Federal-aid No.: AJP-0(216)T ADOT Project No.: T023701D/03D/01C TIP/STIP No.: APJ 19-801D, APJ 21-802C CFDA No.: 20.205 - Highway Planning and Construction Budget Source Item No.: NA AMENDMENT NO. ONE TO INTERGOVERNMENTAL AGREEMENT BETWEEN THE STATE OF ARIZONA AND THE CITY OF APACHE JUNCTION THIS AMENDMENT NO. ONE to INTERGOVERNMENTAL AGREEMENT (the “Amendment No. One”), is entered into this date ______________________________, pursuant to Arizona Revised Statutes (“A.R.S.”) §§ 11-951 through 11-954, as amended, between the STATE OF ARIZONA, acting by and through its DEPARTMENT OF TRANSPORTATION (the "State" or “ADOT”) and the CITY OF APACHE JUNCTION, acting by and through its MAYOR and CITY COUNCIL (the “City”).The State and the City are each individually referred to as a “Party” and are collectively referred to as the “Parties.” WHEREAS, the INTERGOVERNMENTAL AGREEMENT, IGA 19-0007587-I, A.G. Contract No. P001 2019 003663, was executed on March 26, 2020, (the “Original Agreement”); WHEREAS, the State is empowered by A.R.S. § 28-401 to enter into this Amendment No. One and has delegated to the undersigned the authority to execute this Amendment No. One on behalf of the State; WHEREAS, the City is empowered by A.R.S. § 48-572 to enter into this Amendment No. One and has by resolution, a copy of which is attached and made a part of, resolved to enter into this Amendment No. One and has authorized the undersigned to execute this Amendment No. One on behalf of the City; and NOW THEREFORE, in consideration of the mutual terms expressed herein, the purpose of this Amendment No. One is to revise Project costs; Exhibit A is revised and replaced accordingly. The Parties desire to amend the Original Agreement, as follows: The Parties incorporate the Recitals set forth above and Exhibit A, attached hereto and made a part hereof, the body of this Amendment No. One. IGA: 19-0007587-I Amendment No. One: 22-0008451-I Page 2 of 4 I. RECITALS (NO CHANGES) II. SCOPE OF WORK Section II, Paragraph 2.e, is revised, as follows: 1. The State will: e. After completion of scoping/design and prior to bid advertisement, invoice the City for the actual PDA costs, as applicable, and the City’s share of the Project construction costs, estimated at $68,072.00. After the Project costs for construction are finalized, the State will either invoice or reimburse the City for the difference between estimated and actual costs. De-obligate or otherwise release any remaining federal funds from the scoping/design phase of the project. Section II, Paragraph 3.e, is revised, as follows: 2. The City will: e. After completion of scoping/design within 30 days of receipt of an invoice from the State and prior to bid advertisement, pay to the State, any outstanding PDA and scoping/design costs and the City’s share of the Project construction costs, estimated at $68,072.00. Be responsible for and pay the difference between the estimated and actual construction costs of the Project, within 30 days of receipt of an invoice. III. MISCELLANEOUS PROVISIONS (NO CHANGES) EXCEPT AS AMENDED, ALL OTHER terms and conditions of the Original Agreement remain in full force and effect. THIS AMENDMENT NO. ONE shall become effective upon the signing and dating of all Parties. IN ACCORDANCE WITH A.R.S. § 11-952 (D), the written determination of each Party’s legal counsel providing that the Parties are authorized under the laws of this State to enter into this Amendment No. One and that the Amendment No. One is in proper form is set forth below. IN WITNESS WHEREOF, the Parties have executed this Amendment No. One the day and year first above written. IGA: 19-0007587-I Amendment No. One: 22-0008451-I Page 3 of 4 CITY OF APACHE JUNCTION By ______________________________Date_______________ WALTE “CHIP” WILSON Mayor ATTEST: By ______________________________Date________________ JENNIFER PENA City Clerk I have reviewed the above referenced Intergovernmental Agreement between the State of Arizona, acting by and through its DEPARTMENT OF TRANSPORTATION, and the CITY OF APACHE JUNCTION, an agreement among public agencies which, has been reviewed pursuant to A.R.S. §§ 11-951 through 11-954 and A.R.S. § 48-572 declare this Agreement to be in proper form and within the powers and authority granted to the City under the laws of the State of Arizona. No opinion is expressed as to the authority of the State to enter into this Agreement. Approved as to Form: By ______________________________ Date___________ City Attorney ARIZONA DEPARTMENT OF TRANSPORTATION By ______________________________ Date___________ STEVE BOSCHEN, PE Division Director A.G. Contract No. P001 2019 003663 (ADOT IGA 19-0007587-I Amendment No. One: 22-0008451-I), an Agreement between public agencies, the State of Arizona and the City of Apache Junction has been reviewed pursuant to A.R.S. §§ 11-951 through 11-954 and A.R.S. § 28-401 by the undersigned Assistant Attorney General who has determined that it is in the proper form and is within the powers and authority granted to the State of Arizona. No opinion is expressed as to the authority of the remaining Parties, other than the State or its agencies, to enter into said Agreement. By _________________________________ Date___________ Assistant Attorney General Page 4 of 4 EXHIBIT A IGA 19-0007587-I Amendment No. One: 22-0008451-I Cost Estimate T0237 01D/03D/01C The federal funds will be used for the scoping/design and construction of the Project, including the construction engineering (CE) and administration cost. The estimated Project costs are as follows: ADOT Project Development Administration (PDA) Cost, non-federal-aid: PDA costs* $ 40,000.00 Scoping/Design: City’s contribution @ 100% $ 280,402.00 Subtotal – Scoping/Design/PDA* $ 320,402.00 Construction: Federal-aid funds @ 94.3% $ 1,126,169.00 City’s match @ 5.7% $ 68,072.00 Subtotal – Construction** $ 1,194,241.00 Estimated TOTAL Project Cost $ 1,514,643.00 Total Estimated City Funds $ 388,474.00 Total Federal Funds $ 1,126,169.00 * (Included in the City Estimated Funds; invoiced and received in accordance with Original Agreement) ** (Includes 15% CE (this percentage is subject to change, any change will require concurrence from the City) and 5% Project contingencies) Direction to Staff: 22-XXX Resolution 22-06: An Intergovernmental Agreement Amendment with Arizona Department of Transportation for Bicycle and Pedestrian Improvements on Idaho Road. Department of Public Works April 4, 2022 By: Raquel Schatz Background •2017 MAG CMAQ Funds •Awarded $851,641 for Construction in 2021 •2018 MAG Awarded $60,000 for Design Assistance •2019 MAG Denied application for full Design •2021 MAG Closeout Funds Awarded $342,600 for the increase in the Construction Cost Estimate during design Resolution 22-06: Idaho Road Bicycle and Pedestrian Improvements, Amendment No. 1 •Design: 95% •Construction anticipated to Fall 2022 Schedule Improvements Resolution 22-06: Idaho Road Bicycle and Pedestrian Improvements, Amendment No. 1 Superstition Blvd to Tepee St •Street Lights •Install Bicycle Lanes •Curb & Gutter and Sidewalks •Mid Block crossing to the Library Tepee St to Foothills St •Street Lights (west side) •Install Bicycle Lanes •Curb & Gutter and Sidewalks (west side) Foothills St to Lost Dutchman Blvd •Install Bicycle Lanes •Sidewalks (east side) Cost Share ADOT PM & Design Review City’s Match:$ 30,000 Design City’s Match:$ 250,000 Subtotal – Design $280,000 Construction Amendment 1 Federal-aid Funds:$ 803,097 $ 1,126,169 City’s Match:$ 48,544 $ 68,072 Subtotal – Construction $ 851,641 $ 1,194,241 Construction Federal Funds (CMAQ)$ 803,097 $ 1,126,169 Total Estimated City Funds $ 328,544 $ 388,474 Total Estimated Project Costs $ 1,131,641 $ 1,514,643 Resolution 22-06: Idaho Road Bicycle and Pedestrian Improvements, Amendment No. 1 The Public Works Department recommends APPROVAL Consent Agenda on 04/05/22 Timing is extremely crucial as execution and payment needs to be done prior to June 1st, 2022. Resolution 22-06: Idaho Road Bicycle and Pedestrian Improvements, Amendment No. 1 Staff Recommendation 22-XXX Agenda Item Cover Sheet City of Apache Junction, Arizona 300 E Superstition Boulevard Apache Junction, AZ 85119 File ID: 22-202 Agenda Item No. 5. Agenda Date: 4/5/2022 Sponsor: Raquel Schatz In Control: City Council MeetingIndex: Consideration of approval of proposed Resolution No. 22-07, authorizing the city to enter into an Intergovernmental Agreement (IGA) Amendment No. 1 with Arizona Department of Transportation for change in the design funds from $350,000 to $30,000 for a road widening project on Winchester Road from 29th Avenue to Southern Avenue. Page 1 City of Apache Junction, Arizona Printed on 6/17/2026 RESOLUTION NO. 22-07 PAGE 1 OF 2 RESOLUTION NO. 22-07 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AUTHORIZING THE CITY TO ENTER INTO AMENDMENT NO. ONE TO THE INTERGOVERNMENTAL AGREEMENT WITH THE STATE OF ARIZONA FOR THE WINCHESTER ROAD WIDENING IMPROVEMENT PROJECT. WHEREAS, the City of Apache Junction(“City”) and the State of Arizona Department of Transportation (“ADOT”) desire to enter into an Intergovernmental Agreement (“IGA”) for a sidewalk improvement project on Winchester Road between 29th Avenue and Southern Avenue (the “Project”); and WHEREAS, the City acquired additional federal-aid funds to help with the increase construction costs; and WHEREAS, the attached written amendment (“IGA/JPA 21- 0008238-I, Amendment No. One: 22-0008506-I”) modifies the original financial and administrative conditions for construction of the Project. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION ARIZONA, AS FOLLOWS: 1) The Mayor and City Council hereby approve the attached IGA and the Mayor is hereby authorized to sign the agreement on behalf of the City. 2) The City Manager and/or his designee is authorized and 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 _________________, 2022. SIGNED AND ATTESTED TO THIS _____ DAY OF ________________, 2022. WALTER “CHIP” WILSON Mayor RESOLUTION NO. 22-07 PAGE 2 OF 2 ATTEST: JENNIFER PENA City Clerk APPROVED AS TO FORM: RICHARD J. STERN City Attorney 575 E. Baseline Avenue, Apache Junction, A Z 851 19 Voice (480) 982 -1055 FAX (480 ) 982 -8005 Public Works Department City of Apache Junction Home of the Superstition Mountains MEMORANDUM Date: April 4, 2022 To: Mayor and Members of City Council Through Bryant Powell, City Manager Mike Wever P.E., Public Works Director From: Raquel Schatz, Project Engineer Subject: Utilization of Unobligated Federal Funds HFE 21-03 Winchester Road Improvement Project REQUEST The City has requested the use of a city on-call consultant, changed the funds structrure to which ADOT would receive for design and construction of the City’s Winchester Road Improvement Project, from 29th Avenue to Southern Avenue. BACKGROUND The city requested funds from Maricopa Association of Governments “MAG”. The Surface Transportation Block Grant Program “STBGP” is available to the Pinal County cities and towns that are members of MAG. Projects within this specific area qualify for funding in the Pinal County Arterial Bridge Program which include projects such as roadways, principal and minor arterials, and major collectors. Eligible activities include capacity expansion, rehabilitation of existing roadway and bridge infrastructure, and intersection and drainage improvements. This project includes improved infrastructure to Winchester Road from 29th Avenue to Southern Avenue such as widening the road to three (3) lanes with bicycle lanes, curb & gutter, sidewalk, street lights, drainage improvements which will shallow up the existing channel. The city’s financial contribution for design changed from $350,000 to $30,000 paid to ADOT and construction funding remains at $1,352,144 local contribution with the federal contribution at $1,349,784. The Intergovernmental Agreement Amendment needs to be executed prior to April 22, 2022 in order to be approved and executed by the end of this state fiscal year. 575 E. Baseline Avenue, Apache Junction, A Z 851 19 Voice (480) 982 -1055 FAX (480 ) 982 -8005 Public Works Department City of Apache Junction Home of the Superstition Mountains DISCUSSION IGA 21-0008238-I IGA 22-0008506-I PDA Costs City 100% $ 30,000.00 City 100% $ 30,000.00 Design City 100% $ 320,000.00 Subtotal – Design/PDA $ 350,000.00 $ 30,000.00 Construction Federal 94.3% $ 1,349,784.00 Federal 94.3% $ 1,349,784.00 City 5.7% $ 81,588.00 City 5.7% $ 81,588.00 City 100% $ 920,556.00 100% $ 920,556.00 Subtotal – Construction $ 2,351,928.00 $ 2,351,928.00 Estimated TOTAL Project Cost $ 2,701,928.00 $ 2,381,928.00 Estimated City Funds 51% $ 1,352,144.00 43.3% $ 1,032,144.00 Estimated Federal Funds 49% $ 1,349,784.00 56.7% $ 1,349,784.00 RECOMMENDATION The Public Works Department is requesting City Council approval of the oint Project Agreement (JPA) / Intergovernmental Agreement (IGA) Amendment #1 with ADOT which altered the design funding in which ADOT will receive from the City meanwhile the construction funding for the Old West Highway Sidewalk Improvement Project will remain the same. ACTION REQUIRED Review, discussion, and consideration of the proposed IGA Amendment #1 at the April 4th, 2022 Working Session with consideration at the April 5th, 2022 Regular Session, consent agenda. Attachment: IGA Amendment #1 & Exhibit A Page 1 of 5 ADOT File No.: IGA 21-0008238-I Amendment No. One: 22-0008506-I AG Contract No.: P001 2021001390 Project Location/Name: Winchester Road, 29th Ave-Southern Ave Type of Work: Roadway Widening Federal-aid No.: STBG-APJ-0(219)T ADOT Project No.: T0324 01D/03D/01C TIP/STIP No.: APJ23-030D, APJ23-030 CFDA No.: 20.205 - Highway Planning and Construction Budget Source Item No.: NA AMENDMENT NO. ONE TO INTERGOVERNMENTAL AGREEMENT BETWEEN THE STATE OF ARIZONA AND THE CITY OF APACHE JUNCTION THIS AMENDMENT NO. ONE to INTERGOVERNMENTAL AGREEMENT (the “Amendment No. One”), is entered into this date ______________________________, pursuant to Arizona Revised Statutes (“A.R.S.”) §§ 11-951 through 11-954, as amended, between the STATE OF ARIZONA, acting by and through its DEPARTMENT OF TRANSPORTATION (the "State" or “ADOT”) and the CITY OF APACHE JUNCTION, acting by and through its MAYOR and CITY COUNCIL (the “City”).The State and the City are each individually referred to as a “Party” and are collectively referred to as the “Parties.” WHEREAS, the INTERGOVERNMENTAL AGREEMENT, IGA 21-0008238-I, A.G. Contract No. P001 2021 001390, was executed on November 16, 2021, (the “Original Agreement”); WHEREAS, the State is empowered by A.R.S. § 28-401 to enter into this Amendment No. One and has delegated to the undersigned the authority to execute this Amendment No. One on behalf of the State; WHEREAS, the City is empowered by A.R.S. § 48-572 to enter into this Amendment No. One and has by resolution, a copy of which is attached and made a part of, resolved to enter into this Amendment No. One and has authorized the undersigned to execute this Amendment No. One on behalf of the City; and NOW THEREFORE, in consideration of the mutual terms expressed herein, the purpose of this Amendment No. One is to revise the Project description and the Scope of Work section of the Original Agreement. The Parties desire to amend the Original Agreement, as follows: The Parties incorporate the Recitals set forth above as part of the body of this Amendment No. One. IGA: 21-0008238-I Amendment No. One: 22-0008506-I Page 2 of 5 I. RECITALS Section I, Paragraph 3.is revised as follows: 3. The work proposed under this Agreement consists of the design and construction of a third lane on Winchester Road from 29th 16th Avenue to Southern Avenue, (the “Project”). The Project will also include but is not limited to the design and construction of sidewalks, curb & gutter, a shared turning lane, bicycle lanes, streetlights along Winchester Road, and drainage improvements. The estimated Project cost, shown in Exhibit A, is estimated at $2,381,928.00, which includes federal aid and City costs. The City will administer the design of the Project and be responsible for all design; The State will administer the design, and advertise, bid and award, and administer the construction of the Project. II. SCOPE OF WORK Section II, Paragraphs 2. b., c., and e., are revised and replaced, and d. is deleted as follows: 2. The State will: b. After this Agreement is executed, and prior to performing or authorizing any work on the Project, invoice the City for the City’s share of the initial Project Development Administration (PDA) costs, estimated at $30,000.00. If PDA costs exceed the estimate during the development of design, notify the City, obtain concurrence prior to continuing with the development of design, and invoice as determined by ADOT and the City for additional costs to complete PDA for the Project. After the Project costs are finalized invoice or reimburse the City for the difference between actual costs and the amount the City has paid for design and PDA c. After receipt of the PDA costs, review design plans, specifications, cost estimates and other such documents required for the construction bidding and construction of the Project, including scoping/design plans and documents required by FHWA to qualify projects for and to receive federal funds; provide design review comments to the City as appropriate. d. Advertise for and enter into contract(s) with the consultant(s) for the design and post- design of the Project. Should costs exceed the design estimate of $320,000.00, it is understood and agreed that the City will be responsible for any overage. e. After completion of design review and prior to bid advertisement, invoice the City for actual PDA costs, as applicable, and the City’s share of the Project construction costs, estimated at $1,002,144.00. After the Project costs for construction are finalized, the State will either invoice or reimburse the City for the difference between estimated and actual costs. IGA: 21-0008238-I Amendment No. One: 22-0008506-I Page 3 of 5 Section II, Paragraph 3. b. and c. are revised and replaced, and n. is added as follows: 3. The City will: b. Within 30 days of receipt of an invoice from the State, pay the initial PDA costs, estimated at $30,000.00. Agree to be responsible for actual PDA costs, if during the review of design, PDA costs exceed the initial estimate. Be responsible for the difference between the estimated and actual PDA and design costs of the Project. c. Prepare and provide design plans, specifications, cost estimates and other such documents required for the construction bidding and construction of the Project, including scoping/design plans and documents required by FHWA to qualify projects for and to receive federal funds; incorporate design review comments from the State, as appropriate. n. Enter into an agreement with the design consultant, which states that the design consultant will provide professional post-design services as required and requested throughout and at completion of the construction phase of the Project. After final acceptance of the Project, provide an electronic version of the record drawings to the ADOT Project Manager. III. MISCELLANEOUS PROVISIONS (NO CHANGES) EXCEPT AS AMENDED, ALL OTHER terms and conditions of the Original Agreement and Amendment No. One remain in full force and effect. THIS AMENDMENT NO. ONE shall become effective upon the signing and dating of all Parties. IN ACCORDANCE WITH A.R.S. § 11-952 (D), the written determination of each Party’s legal counsel providing that the Parties are authorized under the laws of this State to enter into this Amendment No. One and that the Amendment No. One is in proper form is set forth below. IN WITNESS WHEREOF, the Parties have executed this Amendment No. One the day and year first above written. IGA: 21-0008238-I Amendment No. One: 22-0008506-I Page 4 of 5 CITY OF APACHE JUNCTION By ________________________________Date_______________ WALTER “CHIP” WILSON Mayor ATTEST: By ________________________________Date________________ JENNIFER PENA City Clerk I have reviewed the above referenced Intergovernmental Agreement between the State of Arizona, acting by and through its DEPARTMENT OF TRANSPORTATION, and the CITY OF APACHE JUNCTION, an agreement among public agencies which, has been reviewed pursuant to A.R.S. §§ 11- 951 through 11-954 and A.R.S. § 48-572 declare this Agreement to be in proper form and within the powers and authority granted to the City under the laws of the State of Arizona. No opinion is expressed as to the authority of the State to enter into this Agreement. Approved as to Form: By ________________________________ Date___________ City Attorney ARIZONA DEPARTMENT OF TRANSPORTATION By ________________________________ Date___________ STEVE BOSCHEN, PE Division Director A.G. Contract No. P001 2021 001390 (ADOT IGA 21-0008238 Amendment No. One: 22- 0008506 ), an Agreement between public agencies, the State of Arizona and the City of Apache Junction has been reviewed pursuant to A.R.S. §§ 11-951 through 11-954 and A.R.S. § 28-401 by the undersigned Assistant Attorney General who has determined that it is in the proper form and is within the powers and authority granted to the State of Arizona. No opinion is expressed as to the authority of the remaining Parties, other than the State or its agencies, to enter into said Agreement. By ______________________________ Date___________ Assistant Attorney General IGA: 21-0008238-I Amendment No. One: 22-0008506-I Page 5 of 5 EXHIBIT A Cost Estimate T0324 01D/03D/01C The federal funds will be used for the construction of the Project, including the construction engineering (CE) and administration cost. The Project costs are estimated as follows: ADOT Project Development Administration (PDA) Cost, non-federal-aid: City’s contribution @ 100% $ 30,000.00 Subtotal – PDA $ 30,000.00 Construction: Federal-aid funds @ 94.3% $ 1,349,784.00 City’s match @ 5.7% $ 81,588.00 City’s cost @ 100% $ 920,556.00 Subtotal – Construction* $2,351,928.00 Estimated TOTAL Project Cost $2,381,928.00 Total Estimated City Funds $1,032,144.00 Total Federal Funds $1,349,784.00 * (Includes 18% CE (this percentage is subject to change, any change will require concurrence from the City) and 5% Project contingencies) Agenda Item Cover Sheet City of Apache Junction, Arizona 300 E Superstition Boulevard Apache Junction, AZ 85119 File ID: 22-196 Agenda Item No. 6. Agenda Date: 4/5/2022 Sponsor: Raquel Schatz In Control: City Council MeetingIndex: Consideration of approval on proposed construction agreement with Southwest Sawcutting and Milling, LLC, dba SWB Paving, for Project PWC 2018-02 / RA 108-22, Saguaro Drive West Improvements in an amount of $509,109.05, allowing for a contingency of 10% for a project amount not to exceed $560,019.96. This work is funded by the city’s Fiscal Year 2021 Community Development Block Grant Regional Account and State Special Project funding as requested by city council under Resolution No. 21-24. Page 1 City of Apache Junction, Arizona Printed on 6/17/2026 Page 1 City of Apache Junction DATE: April 5, 2022 TO: The Honorable Mayor and City Council THROUGH: Bryant Powell, City Manager Mike Wever, Public Works Director FROM: Raquel Schatz, Project Engineer Misty Moseley-Helber, Grants & Community Development Administrator SUBJECT: Construction agreement for project PWC2018-02 Saguaro Drive West Improvements, CDBG RA project 108-22 REQUEST Staff respectfully requests the mayor and city council consider a proposed construction agreement with Southwest Sawcutting & Milling, LLC dba SWB Paving for infrastructure improvements to the Grand View neighborhood in an amount not to exceed $560,019.96. This work is partially funded by the city’s Fiscal Year 2021 (“FY21”) Community Development Block Grant (“CDBG”) Regional Account (“RA funds”) allocation and State Special Project award (“SSP funds”) as requested by city council under Resolution No. 21-24. This is a continuation of improvements completed within this neighborhood since 2015. BACKGROUND The city conducted the required public participation process to select a project to be submitted under the city’s FY21 CDBG grant applications. The city council chose improvements to the Grand View neighborhood and applications were submitted. A contract was signed and executed with the Arizona Department of Housing. Engineering was completed prior to application submittal and the city began the procurement process for construction services at the end of January 2022. The project includes Saguaro Drive sidewalk, curb & gutter along the west side of the roadway from Broadway Avenue to Apache Trail. DISCUSSION Sealed bids were due to the city clerk’s office on February 28, 2022. There were three bids received. Page 2 Firm Bid amount Standard Construction Company, Inc. $999,444.00 Visus Engineering Construction, Inc. $560,000.00 Southwest Sawcutting & Milling, LLC $509,109.05 Staff reviewed the submittals and found the lowest most responsive bidder was Southwest Sawcutting & Milling, LLC. Southwest Sawcutting & Milling submitted all of the required documentation as well as met all city and CDBG requirements. Although the contract will be executed for $509,109.05, an additional amount will be set aside as a 10% contingency for unforeseen circumstances during construction for a total contract amount not to exceed $560,019.96. It is anticipated, if a contract is approved, construction will begin at the end of April and will be completed before the end of July. Additional funding needed for the project, estimated to be approximately $195,881.75, will come from state highway user revenue funds (“HURF”), allocated to the city by the Arizona Department of Transportation (“ADOT”). The following is the breakdown of the bid award and grant funding: Project Bid amount RA funds SSP funds Saguaro Drive West $509,109.05 $119,919.00 $193,308.30 Contingency $ 50,910.91 Total $560,019.96 This item will be placed on the April 5, 2022 agenda under consent. RECOMMENDATION Staff respectfully recommends the mayor and city council to approve the proposed construction agreement with Southwest Sawcutting & Milling, LLC. ACTION REQUIRED Review, discussion and consideration of the proposed contract. Attachment 1: Construction Agreement CONSTRUCTION AGREEMENT BETWEEN THE CITY OF APACHE JUNCTION AND SOUTHWEST SAWCUTTING & MILLING, LLC FOR PROJECT PWC2018-02 / RA108-22 SAGUARO DRIVE WEST IMPROVEMENTS THIS AGREEMENT is made and entered into by and between the CITY OF APACHE JUNCTION (“City”), an Arizona municipal corporation, and SOUTHWEST SAWCUTTING AND MILLING, LLC dba SWB PAVING, an Arizona corporation, (“Contractor”), sometimes collectively referred to as the “Parties” or individually as the “Party”. RECITALS A. Contractor asserts its willingness, ability and qualifications to provide the services and infrastructure (the “Work”) called for in PWC2018-02 Saguaro Drive West Improvements and Contractor’s estimate dated February 23, 2022 (the “Contract Documents”). B. City and Contractor desire to set forth herein their respective responsibilities and the manner and terms upon which Contractor shall render such Work. C. City has complied with the public bidding requirements under Arizona Revised Statutes (“A.R.S.”) Title 34, and Apache Junction City Code Vol. I, Chapter 3, Administration, Article 3-7, Procurement Procedures, or such Work is categorically exempt from such process. AGREEMENT NOW, THEREFORE, City retains Contractor to perform, and Contractor agrees to render the Work in accordance with the terms and conditions set forth as follows: 1. PROJECT DESCRIPTION: Contractor shall do and perform, or cause to be done and performed, in a good workmanlike manner the Work in accordance with and as more fully described in PWC2018-02 Saguaro Drive West Improvements and Contractor’s estimate dated February 23, 2022 including, but not limited to: A. This federally funded Community Development Block Grant project, known as RA 108-22 or the Saguaro Drive West Improvements project, will include the following “Work”: curb, gutter, sidewalk, drainage, and other street related improvements. B. All Work shall be completed in accordance with the following: 1) the construction plans entitled “City of Apache Junction Public Works Department, Saguaro Drive Roadway Improvements, Broadway Avenue to Apache Trail, Project Number PWC 2018-02”; 2) the latest “Uniform 2 Standard Specifications and Details for Public Works Construction” by the Maricopa Association of Governments; and 3) Engineering Standards and Details of the City of Apache Junction. C. Provide traffic control as appropriate, including the use of only Apache Junction Police Department uniformed police officers. 2. PAYMENTS & COMPLETION: The total amount payable by the City to the Contractor is an amount not to exceed $509,109.05 plus a 10% contingency of $50,910.91, with a grand total of $560,019.96 (the “Contract Sum”) for the performance of the Work under the Contract Documents except for changes authorized by properly executed change orders. All contracts will be operable for their full term at the rates quoted in the initial bid proposal, unless otherwise extended in writing by the City. Upon notice that the Work is ready for final inspection or acceptance, a City representative shall promptly cause an inspection to be made. Once City finds the Work acceptable under the Contract Documents, City shall promptly submit for processing a certificate for payment stating that, to the best of its knowledge, information and belief on the basis of its observation and inspection, the Work has been completed in accordance with the terms and conditions of the Contract Documents and that partial payment or the entire balance due the Contractor is payable. Final payment shall not become due until the Contractor submits to the City all required lien waivers, releases, and any other data establishing payment or satisfaction of all Contractor’s obligations. If any subcontractor refuses to furnish a release or waiver required by City, Contractor may furnish a bond to indemnify City against any such lien. If any such lien remains unsatisfied after all payments are made, Contractor shall refund to City all monies that the latter may be compelled to pay in discharging such liens, including all costs and reasonable attorney fees. 3. CONTRACT TERM: The Term of this Agreement is April 5, 2022 to July 30, 2022. This provision does not limit the liability of Contractor for actual damages sustained by City as a result of any breach of contract or warranty by Contractor. Extensions may be approved at times as the Parties mutually deem fit. 4. LABOR AND MATERIALS: Unless otherwise provided in the Contract Documents, Contractor shall provide, pay for and insure under the requisite laws and regulations all labor, materials, equipment, tools and machinery, water, heat, utilities, transportation, and other facilities and services necessary for the proper execution and completion of the Work, whether temporary or permanent, and whether or not incorporated or to be incorporated in the Work. 5. INSPECTIONS AND QUALITY OF WORK: Contractor understands and agrees that inspection of the Work performed hereunder will occur by City. Contractor agrees that City will have the exclusive right to determine, in its sole discretion, whether the Work has been performed in accordance with the Contract Documents. Contractor further agrees to make such corrections to the Work as may be directed by City to conform to said Contract Documents without requirement of a change order or any additional charge or cost to City whatsoever. 3 6. WARRANTY: Contractor shall guarantee the Work against defective workmanship or materials for a period of one (1) year from the date of its final acceptance under the contract, ordinary wear and tear and unusual abuse or neglect excepted. Any omission on the part of City to condemn defective work or materials at the time of construction shall not be deemed an acceptance and Contractor will be required to correct defective work or materials at any time before final acceptance. Within one (1) year from the date of final acceptance due to faults in workmanship or materials, 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 shall be in addition to and not in limitation of any other warrantees, guarantees or remedies required by law, and shall survive the expiration of this Agreement for the time period mentioned above. 7. TAXES: Contractor shall pay all license, sales, consumer, transaction privilege, use, and other similar taxes for the Work or portions thereof provided by Contractor which are legally enacted at the time bids are received whether or not yet effective or subsequently applicable due to acts of jurisdictions or bodies other than City. 8. PERMITS & FEES: Unless otherwise provided in the Contract Documents, Contractor shall secure and pay for all permits, government fees, licenses, and inspections necessary for the proper execution and completion of Work which are customarily secured after execution of the contract and which are legally required. Contractor shall give all notices and comply with all laws, ordinances, rules, regulations, and lawful orders of any public authority bearing on the performance of the Work. 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 Cont ractor agrees to obtain a business license pursuant to Chapter 8 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 6. Contractor also acknowledges that the 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. 4 9. INDEPENDENT CONTRACTOR: Contractor shall at all times during Contractor’s performance of the services retain Contractor’s status as an independent contractor. Contractor’s employees shall under no circumstances be considered or held to be employees or agents of City, and City shall have no obligation to pay or withhold state or federal taxes, or provide workers’ compensation or unemployment insurance for or on behalf of them or Contractor. Contractor shall supervise and direct the delivery of the materials using its best skill and attention. Except as provided in this Agreement, Contractor shall be solely responsible for all construction means, methods, techniques, sequences and procedures, and for coordinating all portions of the Work required by the Contract Documents. Contractor shall be responsible to City for the acts and omissions of its employees, subcontractors and their agents and employees and other persons providing any of the materials under any contract document. 10. SUPERINTENDENT: Contractor shall employ a competent project superintendent who shall be in attendance at the project site during the progress of the Work. The superintendent shall represent and be the community agent of Contractor and communications given to the superintendent shall be as binding as if given to Contractor. Important communications shall be confirmed in writing. The designated superintendent shall be designated for each project and communicated to City before work is performed. 11. PROGRESS SCHEDULE: Contractor shall, immediately after entering into this Agreement, generate an estimated progress schedule which shall be maintained and updated during the project. Work may progress during regular City business hours only if it is determined by City not to disturb normal operations. 12. INDEMNIFICATION: To the fullest extent permitted by law, Contractor shall defend, indemnify and hold harmless City, its elected and appointed officers, officials, agents, and employees from and against any and all liability, including but not limited to demands, claims, actions, fees, costs and expenses, including attorney and expert witness fees, arising from or connected with, or alleged to have arisen from or connected with, relating to, arising out of, or alleged to have resulted from the acts, errors, mistakes, omissions, Work or services of Contractor, its agents, employees, or any tier of Contractor’s subcontractors in the performance of this Agreement, but only to the extent caused by the negligence, recklessness or intentional wrongful conduct of Contractor or its subcontractors in the performance of this Agreement or any subcontract. Contractor’s duty to defend, hold harmless and indemnify City, its special districts, elected and appointed officers, officials, agents, and employees shall arise in connection with any tortious claim, damage, loss or expense that is attributable to bodily injury, sickness, disease, death, or injury to, impairment, or destruction of property, including loss of use resulting therefrom, caused by an Contractor’s acts, errors, mistakes, omissions, work or services in the performance of this Agreement including any employee of Contractor, any tier of Contractor’s subcontractor or any other person for whose acts, errors, mistakes, omissions, Work or services Contractor may be legally liable. The amount and type of insurance coverage requirements set forth herein will in no way be construed as limiting the scope of the indemnity in this paragraph. 13. SUBCONTRACTORS: All subcontractors chosen by Contractor will be subject to City’s approval. All subcontractors shall be identified by Contractor prior to award of contract. 5 Contractor shall make no substitutions for any subcontractor, person, or entity previously selected without the approval of City. 14. APPLICABLE LAW AND VENUE: The terms and conditions of this Agreement shall be governed by and interpreted in accordance with the laws of the State of Arizona. Any action at law or in equity brought by either Party for the purpose of enforcing a right or rights provided for in this Agreement, shall be tried in a court of competent jurisdiction in Pinal County, State of Arizona. The Parties hereby waive all provisions of law providing for a change of venue in such proceeding to any other county. In the event either Party shall bring suit to enforce any term of this Agreement or to recover any damages for and on account of the breach of any term or condition in this Agreement, it is mutually agreed that the prevailing Party in such action shall recover all costs including: all litigation and appeal expenses, collection expenses, reasonable attorney fees, necessary witness fees and court costs to be determined by the court in such action. 15. INSURANCE: Contractor, at its own expense, shall purchase and maintain the herein stipulated minimum insurance with companies duly licensed, possessing a current A.M. Best, Inc. Rating of B++6, or approved unlicensed in the State of Arizona with policies and forms satisfactory to City. All insurance required herein shall be maintained in full force and effect until all Work or service required to be performed under the terms of the Agreement is satisfactorily completed and formally accepted; failure to do so may, at the sole discretion of City, constitute a material breach of this Agreement. Contractor’s insurance shall be primary insurance as respects the City, and any insurance or self- insurance maintained by City shall not contribute to it. Any failure to comply with the claim reporting provisions of the insurance policies or any breach of an insurance policy warranty shall not affect coverage afforded under the insurance policies to protect City. The insurance policies, except Workers’ Compensation, shall contain a waiver of transfer rights of recovery (subrogation) against City, its agents, officers, officials, and employees for any claims arising out of Contractor’s acts, errors, mistakes, omissions, Work, or service. The insurance policies may provide coverage which contains deductibles or self-insured retentions. Such deductible and/or self-insured retentions shall not be applicable with respect to the coverage provided to City under such policies. Contractor shall be solely responsible for the deductible and/or self retention and City, at its option, may require Contractor to secure payment of such deductibles or self-insured retentions by a surety bond or an irrevocable and unconditional letter of credit. City reserves the right to request and to receive, within ten (10) working days, certified copies of any or all of the herein required insurance policies and/or endorsements. City shall not be 6 obligated, however, to review same or to advise Contractor of any deficiencies in such policies and endorsements, and such receipt shall not relieve Contractor from, or be deemed a waiver of, City’s right to insist on strict fulfillment of Contractor’s obligations under this Agreement. The insurance policies, except Workers’ Compensation and Professional Liability, required by this Agreement, shall name City, its agents, officers, officials, and employees as Additional Insureds. 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 that on Insurance Service Office, Inc. Policy Form No. CG 00011093, or the equivalent thereof. Such policy shall contain a severability of interest provision, and shall not contain a sunset provision or commutation clause, nor any provision which would serve to limit third party action over claims. The Commercial General Liability additional insured endorsement shall be at least as broad as the Insurance Service Office, Inc.’s Additional Insured, Form B, CG 20101185, 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, an Owner and Contractor’s Protective Liability insurance policy for bodily injury and property damage, including death, which may arise in the prosecution of Contractor’s work, service or operations under this Agreement. Coverage shall be on an occurrence basis with a limit not less than $1,000,000 per occurrence, and the policy shall be issued by the same insurance company that issues Contractor’s Commercial General Liability insurance. Automobile Liability Contractor shall maintain Commercial/Business Automobile Liability insurance with a combined single limit for bodily injury and property damage of not less than $1,000,000 each occurrence with respect to Contractor’s owned, hired, and non-owned vehicles assigned to or used in performance of Contractor’s work. Coverage will be at least as broad as coverage code 1, “any auto”, (Insurance Service Office, Inc. Policy Form CA 00011293, or the equivalent thereof). 7 Such insurance shall include coverage for loading and off loading hazards. If hazardous substances, materials, or wastes are to be transported, MCS 90 endorsement shall be included and $5,000,000 per accident limits for bodily injury and property damage shall apply. Workers’ Compensation Contractor shall carry Workers’ Compensation insurance to cover obligations imposed by federal and state statutes having jurisdiction of Contractor’s employees engaged in the performance of the Work or services; and, Employer’s Liability insurance of not less than $100,000 for each accident, $100,000 disease for each employee, and $500,000 disease policy limit. By execution of this Agreement, Contractor certifies as follows: “I am aware and understand the provisions of A.R.S. § 23-900 et seq. which requires every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of this chapter, and I will comply with such provisions before commencing the performance of the Work of this Agreement.” If Contractor has no employees for whom workers’ compensation insurance is required, Contractor shall submit a declaration or affidavit to City so stating and covenanting to obtain such insurance if and when Contractor employs any employees subject to coverage. In case any work is subcontracted, Contractor will require subcontractors to provide Workers’ Compensation and Employer’s Liability insurance to at least the same extent as required of Contractor. Certificates of Insurance Prior to commencing work or services under this Agreement, Contractor shall furnish City with Certificates of Insurance, or formal endorsements as required by the Agreement, issued by Contractor’s insurer(s), as evidence that policies providing the required coverages, conditions, and limits required by this Agreement are in full force and effect. The form of the certificates of insurance and endorsements shall be subject to the approval of the Apache Junction City Attorney’s Office, shall comply with the terms of this Agreement, and shall be issued and delivered to City Attorney, City of Apache Junction, 300 East Superstition Boulevard, Apache Junction, AZ, 85119. In the event any insurance policies required by this Agreement are written on a “claims made” basis, coverage shall extend for two (2) years past completion and acceptance of Contractor’s Work or services and as evidenced by annual Certificates of Insurance. If a policy does expire during the life of the Agreement, a renewal certificate must be sent to City thirty (30) calendar days prior to the expiration date. 8 All Certificates of Insurance shall be identified with bid serial number and title. Policies or certificates and completed forms of City’s Additional Insured Endorsement (or a substantially equivalent insurance company form acceptable to the City Attorney) evidencing the coverage required by this section shall be filed with the City and shall include the City as an additional insured. The policy or policies shall be in the usual form of a public liability insurance, but shall also include the following provision: “Solely as respects work done by or on behalf of the named insured for the City of Apache Junction, it is agreed that the City of Apache Junction and its officers and employees are added as additional insureds under this policy.” Insurance required herein shall not expire, be canceled, or materially changed without thirty (30) calendar days’ prior written notice to City. 16. CHANGE ORDERS: A change order is a written order to Contractor, approved by a City representative, issued after execution of this construction agreement, authorizing a change in the Work or an adjustment in the construction agreement sum or the construction agreement time. A change order signed by Contractor indicates his agreement therewith. City may, without invalidating this construction agreement, order changes in the Work within the general scope of this construction agreement consisting of additions, deletions or other revisions, the construction agreement sum and the construction agreement being adjusted accordingly. All such changes in the Work shall be authorized by Change Order and shall be performed under the applicable conditions of this construction agreement. City representative shall have authority to order minor changes in the Work not involving an adjustment in the construction agreement sum or extension of construction agreement time and not inconsistent with the intent of this construction agreement. All 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. 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. 9 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. 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. 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 obligations under this Agreement. In no event will Enforced Delay include any delay resulting from unavailability for any reason of labor shortages, or the unavailability for any reason of particular Contractors, subcontractors, vendors or investors desired by Contractor in connection with the obligations under this Agreement. Contractor agrees that Contractor alone will bear all risks of delay which are not Enforced Delay. In the event of the occurrence of any such Enforced Delay, the time or times for performance of the obligations of the Party claiming delay shall be extended for a period of the Enforced Delay; provided, however, that the Party seeking the benefit of the provisions of this Section shall, within thirty (30) calendar days after such Party knows or should know of any such Enforced Delay, first notify the other Party of the specific delay in writing and claim the right to an extension for the period of the Enforced Delay; and provided further that in no event shall a period of Enforced Delay exceed ninety (90) calendar days. 10 24. TERMINATION: A. Termination by City: City shall be permitted to terminate this Agreement if it is believed, in the discretion of the city manager or his or her designee, Contractor has failed to meet the terms of this Agreement. City shall provide Notice of Termination to Contractor by Certified U.S. Mail ten (10) calendar days before such termination takes effect. B. Termination by Contractor: Contractor may terminate this Agreement if City fails to make payment as agreed upon in this document. Any other termination will be deemed a breach of contract by Contractor. Contractor shall provide Notice of Termination to City by Certified U.S. Mail ten (10) calendar days before such termination takes effect. 25. RECORDS: Records of Contractor’s labor, payroll and other costs pertaining to this Agreement shall be kept on a generally recognized accounting basis and made available to City for inspection on request. Contractor shall maintain records for a period of at least five (5) 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 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 11 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 shall be deemed automatically terminated by operation of law. Any such boycott is a material breach of contract. 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 warrant their compliance with all federal immigration laws and regulations that relate to its employees and A.R.S. § 23-214(A), and subcontractors shall further warrant that after hiring an employee, such subcontractor verifies the employment eligibility of the employee through the E-Verify program. A breach of this warranty shall be deemed a material breach of the Agreement that is subject to penalties up to and including termination of this Agreement. Contractor is subject to a penalty of $100 per day for the first violation, $500 per day for the second violation, and $1,000 per day for the third violation. City at its option may terminate this Agreement after the third violation. Contractor shall not be deemed in material breach of this Agreement if the Contractor and/or subcontractors establish compliance with the employment verification provisions of Sections 274A and 274B of the federal Immigration and Nationality Act and the E-Verify requirements contained in A.R.S. § 23-214(A). City retains the legal right to inspect the papers of any Contractor or subcontractor employee who works under this Agreement to ensure that the Contractor or subcontractor is complying with the warranty. Any inspection will be conducted after reasonable notice and at reasonable times. If state law is amended, the Parties may modify this paragraph consistent with state law. 12 IN WITNESS WHEREOF the Parties hereto have caused this Agreement to be signed by their duly authorized representative as of this _____ day of April, 2022. CONTRACTOR: SOUTHWEST SAWCUTTING & MILLING, LLC dba SWB Paving, an Arizona corporation By: John Zyadet Its: President CITY: CITY OF APACHE JUNCTION, ARIZONA, an Arizona municipal corporation By: Walter “Chip “ Wilson Its: Mayor ATTEST: Jennifer Pena City Clerk APPROVED AS TO FORM: ______________________________ Richard J. Stern City Attorney 13 STATE OF ARIZONA ) ) ss. COUNTY OF PINAL ) The foregoing was subscribed and sworn to before me this _____ day of _________________, 2022 by John Zyadet, President of Southwest Sawcutting & Milling, LLC, who acknowledged he signed the foregoing instrument. ____________________________________ Notary Public My Commission Expires: STATE OF ARIZONA ) ) ss. COUNTY OF PINAL ) The foregoing was subscribed and sworn to before me this _____ day of _________________, 2022 by Walter “Chip” Wilson, Mayor of the City of Apache Junction, who acknowledged he signed the foregoing instrument. ____________________________________ Notary Public My Commission Expires: Agenda Item Cover Sheet City of Apache Junction, Arizona 300 E Superstition Boulevard Apache Junction, AZ 85119 File ID: 22-197 Agenda Item No. 7. Agenda Date: 4/5/2022 Sponsor: Shane Kiesow In Control: City Council MeetingIndex: Consideration of approval for an award of contract to Sunland Asphalt for the reconstruction of Lost Dutchman Boulevard from Idaho Road to Tomahawk Road. The work is planned for May of this year and should be fully completed in June, 2022 and it will be through the 1 Government Procurement Alliance Cooperative Contract No. 17-16P-05 in the amount of $713,176.15, plus a 10% contingency for unforeseen change orders in the amount of $71,317.61, for a total amount not to exceed $784,493.76. The work will result in a new pavement surface; in addition, bike lanes for this portion of Lost Dutchman Boulevard as presented and discussed at the July 6, 2021 City Council Work Session for the Fiscal Year 2022 Capital Improvement Plan & Street Maintenance Plan. Page 1 City of Apache Junction, Arizona Printed on 6/17/2026 575 E. Baseline Avenue, Apache Junction, A Z 85219 Voice (480) 982 -1055 FAX (480 ) 983 -5752 or (480 ) 982 -8005 Public Works Department City of Apache Junction Home of the Superstition Mountains Date: March 21, 2022 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: Project # HFS22-03 Award City staff respectfully requests city council consideration for an award of contract to Sunland Asphalt for Project # HFS22-03; the reconstruction of Lost Dutchman Boulevard from Idaho Road to Tomahawk Road. This project was discussed at the city council work session on July 6, 2021 and was included in the Fiscal Year 2022 Capital Improvement and Street Maintenance Plan. The funding source for the project would be Highway User Revenue Funds (motor fuel tax monies). Work is planned to start in the middle of May, 2022 and it would result in the reconstruction of the road base; new street striping/markings; installation of new asphalt concrete pavement and street widening to allow for bike lanes. It is anticipated that the road work will result in the road’s closure for two (2) weeks, including the intersection of Idaho/Lost Dutchman and the closure will not inhibit any entry to residential properties, businesses, or the city operated rodeo grounds. CITY OF APACHE JUNCTION STREET MAINTENANCE AGREEMENT PROJECT NO.: HFS22-03 THIS AGREEMENT made and entered into by and between the CITY OF APACHE JUNCTION ("City"), an Arizona municipal corporation, and SUNLAND ASPHALT, an Arizona corporation, ("Contractor"), sometimes collectively referred to as the "Parties", or individually as a "Party". RECITALS A. Contractor asserts its willingness, ability and qualifications to provide the completed products, goods and services (the "Work") called for in in 1 Governmental Procurement Alliance ("1 GPA") cooperative Contract No. 17-16P-05 and Contractor's Estimate (attached hereto as Exhibit A) dated March 26, 2021 (the "Contract Documents"). B. City and Contractor desire to set forth herein their respective responsibilities and the manner and terms upon which Contractor shall complete the Work. C. City has complied with the public bidding requirements under Arizona Revised Statutes ("A.R.S.") Title 34, and Apache Junction City Code, Vol. I, Chapter 3, Administration, Article 3-7, Procurement Procedures, or such Work is categorically exempt from such process. AGREEMENT NOW, THEREFORE, City retains Contractor to perform, and Contractor agrees to render the Work in accordance with the terms and conditions set forth as follows: 1. PROJECT DESCRIPTION: Contractor shall do and perform or cause to be done and performed in a good workmanlike manner, the Work set forth in accordance with and as more fully described in the Contract Documents. 2. PAYMENTS & COMPLETION: The total amount payable by the City to the Contractor is an amount not to exceed seven hundred thirteen thousand one hundred seventy-six dollars and fifteen cents ($713,176.15) (the "Contract Sum") for the performance of the Work under the Contract Documents. All contracts will be operable for their full term at the rates quoted in the initial bid proposal, unless otherwise extended in writing by the City. Once City finds the Work acceptable under the Contract Documents, City shall promptly submit for processing a certificate for payment stating that, to the best of its knowledge, information and belief on the basis of its observation and inspection, the Work has been completed in accordance with the terms and conditions of the Contract Documents and that partial payment or the balance due the Contractor is payable. 3. CONTRACT TERM: Upon Notice to Proceed given by the City, Contractor shall begin Work no sooner than April 1, 2022 and shall complete it no later than June 30, 2022. This provision does not limit the liability of Contractor for actual damages sustained by City as a result of any breach of contract or warranty by Contractor. Extensions may be approved at times as the Parties mutually deem fit. 4. LABOR AND MATERIALS: Unless otherwise provided in the Contract Documents, Contractor shall provide, pay for and insure under the requisite laws and regulations all labor, materials, equipment, tools and machinery, water, heat, utilities, transportation, other facilities and services necessary for the proper execution and completion of the Work, whether temporary or permanent, and whether or not incorporated or to be incorporated in the Work. 5. INSPECTIONS AND QUALITY OF WORK: Contractor understands and agrees that inspection of the Work performed hereunder will occur by City. Contractor agrees that City will have the exclusive right to determine, in its sole discretion, whether the Work has been performed in accordance with the Contract Documents. Contractor further agrees to make such corrections to the Work as may be directed by City to conform to said Contract Documents. 6. WARRANTY: Contractor shall guarantee the Work against defective workmanship or materials for a period of one (1) year from the date of its final acceptance under the contract, ordinary wear and tear and unusual abuse or neglect excepted. Any omission on the part of City to condemn defective Work or materials at the time of maintenance Work shall not be deemed an acceptance and Contractor will be required to correct defective Work or materials 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 shall be in 2 addition to and not in limitation of any other warrantees, guarantees or remedies required by law, and shall survive the expiration of this Agreement for the time period mentioned above. 7. TAXES: Contractor shall pay all license, sales, transaction privilege, 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. 8. PERMITS & FEES: Unless otherwise provided in the Contract Documents, Contractor shall secure and pay for all permits, government fees, licenses and inspections necessary for the proper execution and completion of work which are customarily secured after execution of the contract and which are legally required. Contractor shall give all notices and comply with all laws, ordinances, rules, regulations and lawful orders of any public authority bearing on the performance of the Work. 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 Chapter 8 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 6. Contractor also acknowledges that the 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. 9. INDEPENDENT CONTRACTOR: Contractor shall at all times during Contractor's performance of the services retain Contractor's status as an independent contractor. Contractor's employees shall under no circumstances be considered or held to be employees or agents of City, and City shall have no obligation to pay or withhold state or federal taxes, or provide workers' compensation or unemployment insurance for or on behalf of them or Contractor. Contractor shall supervise and direct the delivery of the materials using its best skill and attention. Except as provided in this Agreement, Contractor shall be solely responsible for all construction means, methods, techniques, sequences and procedures, and for coordinating all portions of the Work required by the Contract Documents. Contractor shall be responsible to 3 City for the acts and omissions of its employees, subcontractors and their agents and employees and other persons providing any of the Work. 10. SUPERINTENDENT: Contractor shall employ a competent project superintendent who shall be in attendance at the project site during the progress of the Work. The superintendent shall represent and be the community agent of Contractor and communications given to the superintendent shall be as binding as if given to Contractor. Important communications shall be confirmed in writing. The designated superintendent shall be designated for each project and communicated to City before the Work is performed. 11. PROGRESS SCHEDULE: Contractor shall, immediately after entering into this Agreement, generate an estimated Work progress schedule, which shall be maintained and updated during the project. Work may progress during regular City business hours only if it is determined by City not to disturb normal operations. 12. INDEMNIFICATION: To the fullest extent permitted by law, Contractor shall defend, indemnify and hold harmless City, its elected and appointed officers, officials, agents, and employees from and against any and all liability including but not limited to demands, claims, actions, fees, costs and expenses, including attorney and expert witness fees, arising from or connected with, or alleged to have arisen from or connected with, relating to, arising out of, or alleged to have resulted from the acts, errors, mistakes, omissions, the Work or services of Contractor, its agents, employees, or any tier of Contractor's subcontractors in the performance of this Agreement, but only to the extent caused by the negligence, recklessness or intentional wrongful conduct of Contractor or its subcontractors in the performance of this Agreement or any subcontract. Contractor's duty to defend, hold harmless and indemnify City, any special districts, elected and appointed officers, officials, agents, and employees shall arise in connection with any tortious claim, damage, loss or expense that is attributable to bodily injury, sickness, disease, death, or injury to, impairment, or destruction of property including loss of use resulting therefrom, caused by an Contractor's acts, errors, mistakes, omissions, work or services in the performance of this Agreement including any employee of Contractor, any tier of Contractor's subcontractor or any other person for whose acts, errors, mistakes, omissions, work or services Contractor may be legally liable. 13. SUBCONTRACTORS: All subcontractors chosen by Contractor will be subject to City's approval. All subcontractors shall be identified by Contractor prior to award of contract. Contractor shall make no substitutions for any subcontractor, person or entity previously selected without the approval of City. 4 14. APPLICABLE LAW AND VENUE: The terms and conditions of this Agreement shall be governed by and interpreted in accordance with the laws of the State of Arizona. Any action at law or in equity brought by either Party for the purpose of enforcing a right or rights provided for in this Agreement, shall be tried in a court of competent jurisdiction in Pinal County, State of Arizona. The Parties hereby waive all provisions of law providing for a change of venue in such proceeding to any other county. In the event either Party shall bring suit to enforce any term of this Agreement or to recover any damages for and on account of the breach of any term or condition in this Agreement, it is mutually agreed that the prevailing Party in such action shall recover all costs including: all litigation and appeal expenses, collection expenses, reasonable attorney fees, necessary witness fees and court costs to be determined by the court in such action. 15. INSURANCE: Contractor, at its own expense, shall purchase and maintain the herein stipulated minimum insurance with companies duly licensed, possessing a current A.M. Best, Inc. Rating of B++6, or approved unlicensed in the State of Arizona with policies and forms satisfactory to City. All insurance required herein shall be maintained in full force and effect until all Work required to be performed under the terms of the Agreement is satisfactorily completed and formally accepted; failure to do so may, at the sole discretion of City, constitute a material breach of this Agreement. Contractor's insurance shall be primary insurance as respects the City, and any insurance or self-insurance maintained by City shall not contribute to it. Any failure to comply with the claim reporting provisions of the insurance policies or any breach of an insurance policy warranty shall not affect coverage afforded under the insurance policies to protect City. The insurance policies, except Workers' Compensation, shall contain a waiver of transfer rights of recovery (subrogation) against City, its agents, officers, officials and employees for any claims arising out of Contractor's acts, errors, mistakes, omissions, Work or service. The insurance policies may provide coverage which contains deductibles or self-insured retentions. Such deductible and/or self-insured retentions shall not be applicable with respect to the coverage provided to City under such policies. Contractor shall be solely responsible for the deductible and/or self retention and City, at its option, may require Contractor to secure payment of such deductibles or self-insured retentions by a surety bond or an irrevocable and unconditional letter of credit. City reserves the right to request and to receive, within ten (10) working days, certified copies of any or all of the herein required insurance policies and/or 5 endorsements. City shall not be obligated, however, to review same or to advise Contractor of any deficiencies in such policies and endorsements, and such receipt shall not relieve Contractor from, or be deemed a waiver of, City's right to insist on strict fulfillment of Contractor's obligations under this Agreement. The insurance policies, except Workers' Compensation and Professional Liability, required by this Agreement, shall name City, its agents, officers, officials and employees as Additional Insureds. 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 that on Insurance Service Office, Inc. Policy Form No. CG 00011093, or the equivalent thereof. Such policy shall contain a severability of interest provision, and shall not contain a sunset provision or commutation clause, nor any provision which would serve to limit third party action over claims. The Commercial General Liability additional insured endorsement shall be at least as broad as the Insurance Service Office, Inc.'s Additional Insured, Form B, CG 20101185, 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, Contractor shall purchase and maintain, at all times during prosecution of the Work, under this Agreement, an Owner and Contractor's Protective Liability insurance policy for bodily injury and property damage, including death, which may arise in the prosecution of Contractor's Work, under this Agreement. Coverage shall be on an occurrence basis with a limit not less than $1,000,000 per occurrence, and the policy shall be issued by the same insurance company that issues Contractor's Commercial General Liability insurance. Automobile Liability Contractor shall maintain Commercial/Business Automobile Liability insurance with a combined single limit for bodily injury and property damage of not less than $1,000,000 each occurrence with respect to Contractor's owned, hired, 6 and non-owned vehicles assigned to or used in performance of Contractor's Work. Coverage will be at least as broad as coverage code 1, "any auto", (Insurance Service Office, Inc. Policy Form CA 00011293, or the equivalent thereof). Such insurance shall include coverage for loading and off loading hazards. If hazardous substances, materials or wastes are to be transported, MCS 90 endorsement shall be included and $5,000,000 per accident limits for bodily injury and property damage shall apply. Workers' Compensation Contractor shall carry Workers' Compensation insurance to cover obligations imposed by federal and state statutes having jurisdiction of Contractor's employees engaged in the performance of the Work; and, Employer's Liability insurance of not less than $100,000 for each accident, $100,000 disease for each employee, and $500,000 disease policy limit. By execution of this Agreement, Contractor certifies as follows: "I am aware and understand the provisions of A.R.S. § 23-900 et seq. which requires every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of this chapter, and I will comply with such provisions before commencing the performance of the Work of this Agreement." If Contractor has no employees for whom workers' compensation insurance is required, Contractor shall submit a declaration or affidavit to City so stating and covenanting to obtain such insurance if and when Contractor employs any employees subject to coverage. In case any work is subcontracted, Contractor will require subcontractors to provide Workers' Compensation and Employer's Liability insurance to at least the same extent as required of Contractor. Certificates of Insurance Prior to commencing Work or services under this Agreement, Contractor shall furnish City with Certificates of Insurance, or formal endorsements as required by the Agreement, issued by Contractor's insurer(s), as evidence that policies providing the required coverages, conditions and limits required by this Agreement are in full force and effect. The form of the certificates of insurance and endorsements shall be subject to the approval of the Apache Junction City Attorney's Office, shall comply with the terms of this Agreement, and shall be issued and delivered to City Attorney, City of Apache Junction, 300 East Superstition Boulevard, Apache Junction, AZ, 85119. In the event any insurance policies required by this Agreement are written on a "claims made" basis, coverage shall extend for two (2) years past completion 7 and acceptance of Contractor's Work and as evidenced by annual Certificates of Insurance. If a policy does expire during the life of the Agreement, a renewal certificate must be sent to City thirty (30) calendar days prior to the expiration date. All Certificates of Insurance shall be identified with bid serial number and title. Policies or certificates and completed forms of City's Additional Insured Endorsement (or a substantially equivalent insurance company form acceptable to the City Attorney) evidencing the coverage required by this section shall be filed with the City and shall include the City as an additional insured. The policy or policies shall be in the usual form of a public liability insurance, but shall also include the following provision: "Solely as respects work done by or on behalf of the named insured for the City of Apache Junction, it is agreed that the City of Apache Junction and its officers and employees are added as additional insureds under this policy." Insurance required herein shall not expire, be canceled, or materially changed without thirty (30) calendar days' prior written notice to City. 16. CHANGE ORDERS: A change order is a written order to Contractor, approved by the City representative, issued after execution of this maintenance agreement authorizing a change in the Work or an adjustment in the maintenance agreement sum or the maintenance agreement time. A change order signed by Contractor indicates their agreement therewith. City may, without invalidating this maintenance agreement, order changes in the Work within the general scope of the maintenance agreement consisting of additions, deletions or other revisions, the maintenance agreement sum and the maintenance 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 maintenance agreement. The City representative shall have authority to order minor changes in the Work not involving an adjustment in the maintenance agreement sum or extension of maintenance agreement time and not inconsistent with the intent of this maintenance agreement. All such changes shall be effected by written order and shall be binding upon City and Contractor. 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 delegates the duties thereunder, without the written consent of the other, nor 8 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. When required, standard bond forms must be completed by Contractor, and Contractor agrees to conform to all provisions set forth in such forms. 21. SAFETY: Contractor and/or its subcontractors shall be solely responsible for job safety at all times. 22. RIGHTS & REMEDIES: The duties and obligations imposed by the Contract Documents and the rights and remedies available hereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. No action or failure to act by City or Contractor shall constitute a waiver of any right or duty afforded any of them under the contract, nor shall any action or failure to act constitute an approval of or an acquiescence to any breaches hereunder except as may be specifically agreed to in writing. 23. FORCE MAJEURE: Neither City nor Contractor, as the case may be, shall be considered not to have performed its obligations under this Agreement in the event of enforced delay (an "Enforced Delay") due to causes beyond its control and without its fault or negligence or failure to comply with applicable laws, including, but not restricted to, acts of God, fires, floods, epidemics, pandemics, quarantine, restrictions, embargoes, labor disputes, and unusually severe weather or the delays of subcontractors or 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 9 or similar hiatus (whether permanent or temporary) by any public entity directly affecting the obligations under this Agreement. In no event will Enforced Delay include any delay resulting from unavailability for any reason of labor shortages, or the unavailability for any reason of particular Contractors, subcontractors, vendors or investors desired by Contractor in connection with the obligations under this Agreement. Contractor agrees that Contractor alone will bear all risks of delay which are not Enforced Delay. In the event of the occurrence of any such Enforced Delay, the time or times for performance of the obligations of the Party claiming delay shall be extended for a period of the Enforced Delay; provided, however, that the Party seeking the benefit of the provisions of this Section shall, within thirty (30) calendar days after such Party knows or should know of any such Enforced Delay, first notify the other Party of the specific delay in writing and claim the right to an extension for the period of the Enforced Delay; and provided further that in no event shall a period of Enforced Delay exceed ninety (90) calendar days. 24. TERMINATION: A. TERMINATION BY CITY: City shall be permitted to terminate this Agreement if in the discretion of the city manager or his or her designee, they believe Contractor has failed to meet the terms of this Agreement. City shall provide Notice of Termination to Contractor by Certified U.S. Mail ten (10) calendar days before such termination takes effect. B. TERMINATION BY CONTRACTOR: Contractor may terminate this Agreement if City fails to make payment as agreed upon in this document. Any other termination will be deemed a breach of contract by Contractor. Contractor shall provide Notice of Termination to City by Certified U.S. Mail ten (10) calendar days before such termination takes effect. 25. RECORDS: Records of Contractor's labor, payroll and other costs pertaining to this Agreement shall be kept on a generally recognized accounting basis and made available to City for inspection on request. Contractor shall maintain records for a period of at least two (2) years after termination of this Agreement, and shall make such records available during that retention period for examination or audit by City personnel during regular business hours. 26. AMENDMENT: It is mutually understood and agreed that no alteration or variation of the terms and conditions of this Agreement shall be valid unless made in writing and signed by the Parties hereto, and that oral understandings or agreements not incorporated herein shall not be binding on the Parties. The representatives of the Parties (signatory for Contractor noted below or his or her designee, and the City Manager, or his or her designee), shall be authorized to execute future amendments or extensions of this Agreement. 10 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 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: This Agreement is subject to, and maybe terminated by City in accordance with, the provisions of A.R.S. § 38-511. 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 shall be deemed automatically terminated by operation of law. Any such boycott is a material breach of contract. 32. COMPLIANCE WITH FEDERAL AND STATE LAWS: Contractor understands and acknowledges the applicability of the American with 11 Disabilities Act, the Immigration Reform and Control Act of 1986 and the Drug Free Workplace Act of 1989 to the services performed under this Agreement. As required by A.R.S. § 41-4401, Contractor hereby warrants its compliance with all federal immigration laws and regulations that relate to its employees and A.R.S. § 23-214(A). Contractor further warrants that after hiring an employee, Contractor will verify the employment eligibility of the employee through the E- Verify program. If Contractor uses any subcontractors in performance of services, subcontractors shall warrant their compliance with all federal immigration laws and regulations that relate to its employees and A.R.S. § 23- 214(A), and subcontractors shall further warrant that after hiring an employee, such subcontractor verifies the employment eligibility of the employee through the E-Verify program. A breach of this warranty shall be deemed a material breach of the Agreement that is subject to penalties up to and including termination of this Agreement. Contractor is subject to a penalty of $100 per day for the first violation, $500 per day for the second violation, and $1,000 per day for the third violation. City at its option may terminate this Agreement after the third violation. Contractor shall not be deemed in material breach of this Agreement if the Contractor and/or subcontractors establish compliance with the employment verification provisions of Sections 274A and 274E of the federal Immigration and Nationality Act and the E-Verify requirements contained in A.R.S. § 23-214(A). City retains the legal right to inspect the papers of any Contractor or subcontractor employee who works under this Agreement to ensure that the Contractor or subcontractor is complying with the warranty. Any inspection will be conducted after reasonable notice and at reasonable times. If state law is amended, the Parties may modify this paragraph consistent with state law. 12 IN WITNESS WHEREOF the Parties hereto have caused this Agreement to be signed by their duly authorized representative as of this day of , 2022. CONTRACTOR: SUNLAND ASPHALT, an Arizona corporation By: Alex DeClusin Its: Vice President CITY: CITY OF APACHE JUNCTION, ARIZONA, an Arizona municipal corporation By: Walter"Chip" Wilson _ Its: Mayor __- ATTEST: Jennifer Pena City Clerk APPROVED AS TO FORM: - a-aG.aa Richard J. Stern City Attorney 13 STATE OF ARIZONA ) ) ss. County of Maricopa ) The foregoing was subscribed and sworn to before me this 10th day of February , 2022, by Alex DeClusin as Vice President of Sunland Asphalt, an Arizona corporation. Notary Public My Commission Expires: August 27, 2022 STEPHANIE MCIAUGHUN + Notary Public-Anzona Maricopa County My Commission Expires +i s� August 27,2022 STATE OF ARIZONA ) ° Commission#552178 ) ss. COUNTY OF PINAL } The foregoing was subscribed and sworn to before me this day of , 2022, by Walter"Chip" Wilson, as Mayor of the City of Apache Junction, Arizona, an Arizona municipal corporation. Notary Public My Commission Expires: 14 EXHIBIT A -S U N L A N Q 3002 S Priest Dr. ASPHALT Tempe AZ 85282 602-323-2800 (p) 602-680-1582 (f7 To: City Of Apache-Unction Contact: Shane Ylesow Address: 575 E.Baseline Ave Phone (480)474-8515 Apache)unction,AZ 85119 USA Few (480)982-ODOS Project Name: CITY OF APACHE JUNCTION-LOST DUTCHMAN BLVD(IDAHO- Bid Nurnben 1754 TOMAHAWK) Project Location: LOST DUTCHMAN BLVD(W.SIDE OF IDAHO TO W.SIDE OF Bid Dates 312612021 TOMAHAWK),Apache)unction,AZ tem# Item Descrip5on EsImeted Unit UnitPrlce To6el Price 1 MOBILIZATION LOD LS $14,700AO $14,70QIn 2 REMOVALS(SALVAGE MISC.5IGNAGE) Lm LS $910.00 $910.00 3 PULVERIZE EXISTING ASPHALT/ABC (5-DEPTH) 16,702OD SY $0.70 $11,681.40 4 SLBGRADE PREP&FINISH 22,795.W SY $3.15 tTLE(34.25 5 CEMENT TREATED 5UBGRADE B'DEPTH(4%CEMENT) 22 M00 SY $3.75 $854BL25 6 PAVE 3"ASPHALT(EVAC A-19MM MIX WJ 76-22TR+) 22,79500 SY $21.15 $482,114.25 7 STRIPING(2 COATS OF PAINTXINC.UDE5 CL RPM'S,BIKE LOO LS $17,200.00 $17,20QOO LANE,SYMBOLS,&SURVEY) 8 SURVEY&LAYOUT LOD LS $7,500.00 $7,53O.m 9 QUALITY CONTROL TESTING LOO LS $7,000.00 $7,0M00 10 TRAFFIC CONTROL 1.0 LS $14,775.00 $14,77500 Total Bid Price: $713,176.15 N otes: • Bid In Accordance with the L GOVERWNTAL PROCUREMENT ALLIANCE(IGPA) Contract#17-16P-05—Asphalt and Rdated Surfaces-Awarded hme 28.2017 UNIT PRICE BREAKDOWN CAN BE PROVIDED UPON REQUEST—ZONE#1 • PROPOSAL IS BASED ON COMPLETING THE WORK IN 1 PHASE WITH FULL CLOSURE(ACCESS FOR EMERGENCY SERVICES AS NEEDED) • TRAFFIC CONTROL INCLUDES MESSAGE BOARDS FOR FULL CLOSURE NOTIFICATION AND TEMP DETOUR TRAILBLAZER AND NOTIFICATIONS AS REQUIRED • PRICING INCLUDES ALL TAXES&BONDING • ASPHALT PRICING INCLUDES EVAC A-19MM WITH PG 76 22TR+BINDER 15 ACoRo® CERTIFICATE OF LIABILITY INSURANCE DAT�231202n2 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: tf the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terns and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONT NAME: Reseco Insurance Advisors, LLC PHONE 602-753�250 FnACX No:602 419 2242 7901 N. 16th Street, EMAIL Suite 100 ADDRESS: certificates resecoadvisors.com Phoenix AZ 85020 INSURERS AFFORDING COVERAGE NAIL# INSURER A:National Union Fire Ins Co of PA 19445 INSURED 6934 INSURER B:Crum&Forster Special Speciafty 11123 Sunland Asphalt&Construction, LLC dba Sunland Asphalt INSURERC:Travelers Property Casual Company 27154 1625 E.Northern Avenue INSURER D.Allied World Assurance Co 19489 Phoenix AZ 85020 INSURER E:Travelers Excess and Surplus Lines Company 29696 INSURER F:The Cincinnati Insurance Company 10677 COVERAGES CERTIFICATE NUMBER:226087375 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE DL SUBR POLICY EFF POLICY EXP LTR POLICYNUMBER MWDD MMIDD LIMITS A TMERCIAL GENERALLIABILITY Y Y GL9925617 411/2021 4/1/2022 EACHOCCURRENCE $1,000,000 CLAIMS-MADE X OCCUR AMA E TO R N 10- PREMISES iE8 occurrence S 500,000 MED EXP(Any one person) S 25,000 PERSONAL&ADV INJURY S 1,000,0()0 GEITL AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE S 2,000,000 POLICY X PRO. LOC PRODUCTS-COMPIOP AGG $2,000.000 OTHER: $ A AUTOMOBILE LIABILITY Y Y CA9775927 4/1/2021 411/2022 EO aBIINdED SINGLE LIMIT $1,000,000 X ANY AUTO BODILY INJURY(Per person) S OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY(Per accident) S X HIRED X NON-OWNED PROPERTYDAMAGE AUTOS ONLY AUTOS ONLY Per accident S I S D X UMBRELLALIAB X OCCUR Y Y 0312-2833 4/1/2021 4/112022 EACH OCCURRENCE $15,000,OOa E ZUP31 N260952ONF 41112021 411/2022 EXCESS LIAB CLAIMS-MADE AGGREGATE $15,000,000 DED I X I RETENTION St in nnn S A WORKERS COMPENSATION Y WC011569704 4/112021 4/1/2022 X I STA T LITE £RH AND EMPLOYERS'LIABILITY Y I N ANYPROPRIETORIPARTNERIEXECUTIVE FIN NIA E.L.EACH ACCIDENT $11000,000 OFFICERIMEMSE R EXCLUDED7 (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000.000 B Prof/PoI Liability Y PKC110904 2/16/2022 2/1612023 Aggregate/Each Claim $5,000,0D0 C Installation Floater Y QT-630-3S841370-TIL-21 811/2021 711/2022 Any,One Jobsite $2.000,000 F Crime/Employee Dishonesty Y EMP0591772-TAIL 1113/2021 111312027 LimWDeduchble $1,000,0001$10,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Certificate holder is hereby included as Additional Insured with respects to the General Liability,Automobile Liability and Umbrella Liability on a primary and non-contributory basis if required by written contract subject to all provisions and limitations of the policies.Waiver of Subrogation in favor of Certificate Holder applies to the General Liability,Automobile Liabili�and Employers Liability/Workers Compensation if required by written contract subject to all provisions and limitations of the policies. The above referenced xcess/Umbrella Liability policy is follow-form and provides additional limits of insurance for General Liability, Automobile Liability and Employers Liability/Workers Compensation. The$50,000 is the limit for hired auto physical damage.Deductibles are$250/$500, RE:City of Apache Junction-Lost Dutchman Blvd(Idaho to Tomahawk),Project No.HFS22-03.Additional Insured:City of Apache Junction CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Apache Junction 575 E Baseline Ave AUTH RIZED REPRESENTATIVE Apache Junction AZ 85119 01988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD Agenda Item Cover Sheet City of Apache Junction, Arizona 300 E Superstition Boulevard Apache Junction, AZ 85119 File ID: 22-198 Agenda Item No. 8. Agenda Date: 4/5/2022 Sponsor: Shane Kiesow In Control: City Council MeetingIndex: Consideration of approval for an award of contract to Sunland Asphalt for the reconstruction of Idaho Road from Superstition Boulevard to Lost Dutchman Boulevard. The work is planned for June, 2022 and should be fully completed in July, 2022 (in time for the new school year 2023 to start) and it will be through the 1 Government Procurement Alliance Cooperative Contract No . 17-16P-05 in the amount of $1,058,634.00, plus a 10% contingency for unforeseen change orders in the amount of $105,863.40, for a total not to exceed $1,164,497.40. The work will result in a new road base and pavement surface for this portion of Idaho Road, as presented and discussed at the July 6, 2021 City Council Work Session for the Fiscal Year 2022 Capital Improvement Plan & Street Maintenance Plan. Page 1 City of Apache Junction, Arizona Printed on 6/17/2026 575 E. Baseline Avenue, Apache Junction, A Z 85219 Voice (480) 982 -1055 FAX (480 ) 983 -5752 or (480 ) 982 -8005 Public Works Department City of Apache Junction Home of the Superstition Mountains Date: March 21, 2022 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: Project # HFS22-04 Award City staff respectfully requests city council consideration for an award of contract to Sunland Asphalt for Project # HFS22-04; the reconstruction of Idaho Road from Superstition Boulevard to Lost Dutchman Boulevard for a total not to exceed $1,164,497.40. As discussed at the city council work session on July 6, 2021, this project is included in the Fiscal Year 2022 Capital Improvement and Street Maintenance Plan and the funding source for this project will be with transportation development fee funds. The work is planned to start in June, 2022 and will result in the reconstruction of the road base and installation of new asphalt concrete pavement, which will replace the existing pavement that is in very poor condition. This pavement reconstruction project is in preparation for further curb/sidewalk improvements that are also planned for the corridor and it is anticipated that the road work will result in the road’s closure for two weeks, with access maintained for local traffic only; being that an elementary school is located adjacent to work area, the work’s heavy construction and narrow timeframe necessitates full street closure in order to get the work done before the 2023 school year begins. CITY OF APACHE JUNCTION STREET MAINTENANCE AGREEMENT PROJECT NO.: HFS22-04 THIS AGREEMENT made and entered into by and between the CITY OF APACHE JUNCTION ("City"), an Arizona municipal corporation, and SUNLAND ASPHALT, an Arizona corporation, ("Contractor"), sometimes collectively referred to as the "Parties", or individually as a "Party". RECITALS A. Contractor asserts its willingness, ability and qualifications to provide the completed products, goods and services (the "Work") called for in in 1 Governmental Procurement Alliance ("1 GPA") cooperative Contract No. 17-16P-05 and Contractor's Estimate (attached hereto as Exhibit A) dated December 15, 2021 (the "Contract Documents"). B. City and Contractor desire to set forth herein their respective responsibilities and the manner and terms upon which Contractor shall complete the Work. C. City has complied with the public bidding requirements under Arizona Revised Statutes ("A.R.S.") Title 34, and Apache Junction City Code, Vol. I, Chapter 3, Administration, Article 3-7, Procurement Procedures, or such Work is categorically exempt from such process. AGREEMENT NOW, THEREFORE, City retains Contractor to perform, and Contractor agrees to render the Work in accordance with the terms and conditions set forth as follows: 1. PROJECT DESCRIPTION: Contractor shall do and perform or cause to be done and performed in a good workmanlike manner, the Work set forth in accordance with and as more fully described in the Contract Documents. 2. PAYMENTS & COMPLETION: The total amount payable by the City to the Contractor is an amount not to exceed one million fifty-eight thousand six hundred thirty-four dollars and zero cents ($1,058,634.00) (the "Contract Sum") for the performance of the Work under the Contract Documents. All contracts will be operable for their full term at the rates quoted in the initial bid proposal, unless otherwise extended in writing by the City. Once City finds the Work acceptable under the Contract Documents, City shall promptly submit for processing a certificate for payment stating that, to the best of its knowledge, information and belief on the basis of its observation and inspection, the Work has been completed in accordance with the terms and conditions of the Contract Documents and that partial payment or the balance due the Contractor is payable. 3. CONTRACT TERM: Upon Notice to Proceed given by the City, Contractor shall begin Work no sooner than May 31, 2022 and shall complete it no later than July 29, 2022. This provision does not limit the liability of Contractor for actual damages sustained by City as a result of any breach of contract or warranty by Contractor. Extensions may be approved at times as the Parties mutually deem fit. 4. LABOR AND MATERIALS: Unless otherwise provided in the Contract Documents, Contractor shall provide, pay for and insure under the requisite laws and regulations all labor, materials, equipment, tools and machinery, water, heat, utilities, transportation, other facilities and services necessary for the proper execution and completion of the Work, whether temporary or permanent, and whether or not incorporated or to be incorporated in the Work. 5. INSPECTIONS AND QUALITY OF WORK: Contractor understands and agrees that inspection of the Work performed hereunder will occur by City. Contractor agrees that City will have the exclusive right to determine, in its sole discretion, whether the Work has been performed in accordance with the Contract Documents. Contractor further agrees to make such corrections to the Work as may be directed by City to conform to said Contract Documents. 6. WARRANTY: Contractor shall guarantee the Work against defective workmanship or materials for a period of one (1) year from the date of its final acceptance under the contract, ordinary wear and tear and unusual abuse or neglect excepted. Any omission on the part of City to condemn defective Work or materials at the time of maintenance Work shall not be deemed an acceptance and Contractor will be required to correct defective Work or materials 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 shall be in 2 addition to and not in limitation of any other warrantees, guarantees or remedies required by law, and shall survive the expiration of this Agreement for the time period mentioned above. 7. TAXES: Contractor shall pay all license, sales, transaction privilege, 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. 8. PERMITS & FEES: Unless otherwise provided in the Contract Documents, Contractor shall secure and pay for all permits, government fees, licenses and inspections necessary for the proper execution and completion of work which are customarily secured after execution of the contract and which are legally required. Contractor shall give all notices and comply with all laws, ordinances, rules, regulations and lawful orders of any public authority bearing on the performance of the Work. 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 Chapter 8 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 6. Contractor also acknowledges that the 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. 9. INDEPENDENT CONTRACTOR: Contractor shall at all times during Contractor's performance of the services retain Contractor's status as an independent contractor. Contractor's employees shall under no circumstances be considered or held to be employees or agents of City, and City shall have no obligation to pay or withhold state or federal taxes, or provide workers' compensation or unemployment insurance for or on behalf of them or Contractor. Contractor shall supervise and direct the delivery of the materials using its best skill and attention. Except as provided in this Agreement, Contractor shall be solely responsible for all construction means, methods, techniques, sequences and procedures, and for coordinating all portions of the Work required by the Contract Documents. Contractor shall be responsible to 3 City for the acts and omissions of its employees, subcontractors and their agents and employees and other persons providing any of the Work. 10. SUPERINTENDENT: Contractor shall employ a competent project superintendent who shall be in attendance at the project site during the progress of the Work. The superintendent shall represent and be the community agent of Contractor and communications given to the superintendent shall be as binding as if given to Contractor. Important communications shall be confirmed in writing. The designated superintendent shall be designated for each project and communicated to City before the Work is performed. 11. PROGRESS SCHEDULE: Contractor shall, immediately after entering into this Agreement, generate an estimated Work progress schedule, which shall be maintained and updated during the project. Work may progress during regular City business hours only if it is determined by City not to disturb normal operations. 12. INDEMNIFICATION: To the fullest extent permitted by law, Contractor shall defend, indemnify and hold harmless City, its elected and appointed officers, officials, agents, and employees from and against any and all liability including but not limited to demands, claims, actions, fees, costs and expenses, including attorney and expert witness fees, arising from or connected with, or alleged to have arisen from or connected with, relating to, arising out of, or alleged to have resulted from the acts, errors, mistakes, omissions, the Work or services of Contractor, its agents, employees, or any tier of Contractor's subcontractors in the performance of this Agreement, but only to the extent caused by the negligence, recklessness or intentional wrongful conduct of Contractor or its subcontractors in the performance of this Agreement or any subcontract. Contractor's duty to defend, hold harmless and indemnify City, any special districts, elected and appointed officers, officials, agents, and employees shall arise in connection with any tortious claim, damage, loss or expense that is attributable to bodily injury, sickness, disease, death, or injury to, impairment, or destruction of property including loss of use resulting therefrom, caused by an Contractor's acts, errors, mistakes, omissions, work or services in the performance of this Agreement including any employee of Contractor, any tier of Contractor's subcontractor or any other person for whose acts, errors, mistakes, omissions, work or services Contractor may be legally liable. 13. SUBCONTRACTORS: All subcontractors chosen by Contractor will be subject to City's approval. All subcontractors shall be identified by Contractor prior to award of contract. Contractor shall make no substitutions for any subcontractor, person or entity previously selected without the approval of City. 4 14. APPLICABLE LAW AND VENUE: The terms and conditions of this Agreement shall be governed by and interpreted in accordance with the laws of the State of Arizona. Any action at law or in equity brought by either Party for the purpose of enforcing a right or rights provided for in this Agreement, shall be tried in a court of competent jurisdiction in Pinal County, State of Arizona. The Parties hereby waive all provisions of law providing for a change of venue in such proceeding to any other county. In the event either Party shall bring suit to enforce any term of this Agreement or to recover any damages for and on account of the breach of any term or condition in this Agreement, it is mutually agreed that the prevailing Party in such action shall recover all costs including: all litigation and appeal expenses, collection expenses, reasonable attorney fees, necessary witness fees and court costs to be determined by the court in such action. 15. INSURANCE: Contractor, at its own expense, shall purchase and maintain the herein stipulated minimum insurance with companies duly licensed, possessing a current A.M. Best, Inc. Rating of B++6, or approved unlicensed in the State of Arizona with policies and forms satisfactory to City. All insurance required herein shall be maintained in full force and effect until all Work required to be performed under the terms of the Agreement is satisfactorily completed and formally accepted; failure to do so may, at the sole discretion of City, constitute a material breach of this Agreement. Contractor's insurance shall be primary insurance as respects the City, and any insurance or self-insurance maintained by City shall not contribute to it. Any failure to comply with the claim reporting provisions of the insurance policies or any breach of an insurance policy warranty shall not affect coverage afforded under the insurance policies to protect City. The insurance policies, except Workers' Compensation, shall contain a waiver of transfer rights of recovery (subrogation) against City, its agents, officers, officials and employees for any claims arising out of Contractor's acts, errors, mistakes, omissions, Work or service. The insurance policies may provide coverage which contains deductibles or self-insured retentions. Such deductible and/or self-insured retentions shall not be applicable with respect to the coverage provided to City under such policies. Contractor shall be solely responsible for the deductible and/or self retention and City, at its option, may require Contractor to secure payment of such deductibles or self-insured retentions by a surety bond or an irrevocable and unconditional letter of credit. City reserves the right to request and to receive, within ten (10) working days, certified copies of any or all of the herein required insurance policies and/or 5 endorsements. City shall not be obligated, however, to review same or to advise Contractor of any deficiencies in such policies and endorsements, and such receipt shall not relieve Contractor from, or be deemed a waiver of, City's right to insist on strict fulfillment of Contractor's obligations under this Agreement. The insurance policies, except Workers' Compensation and Professional Liability, required by this Agreement, shall name City, its agents, officers, officials and employees as Additional Insureds. 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 ProductslCompleted 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 that on Insurance Service Office, Inc. Policy Form No. CG 00011093, or the equivalent thereof. Such policy shall contain a severability of interest provision, and shall not contain a sunset provision or commutation clause, nor any provision which would serve to limit third party action over claims. The Commercial General Liability additional insured endorsement shall be at least as broad as the Insurance Service Office, Inc.'s Additional Insured, Form B, CG 20101185, 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, Contractor shall purchase and maintain, at all times during prosecution of the Work, under this Agreement, an Owner and Contractor's Protective Liability insurance policy for bodily injury and property damage, including death, which may arise in the prosecution of Contractor's Work, under this Agreement_ Coverage shall be on an occurrence basis with a limit not less than $1,000,000 per occurrence, and the policy shall be issued by the same insurance company that issues Contractor's Commercial General Liability insurance. Automobile Liability Contractor shall maintain Commercial/Business Automobile Liability insurance with a combined single limit for bodily injury and property damage of not less than $1,000,000 each occurrence with respect to Contractor's owned, hired, 6 and non-owned vehicles assigned to or used in performance of Contractor's Work. Coverage will be at least as broad as coverage code 1, "any auto", (Insurance Service Office, Inc. Policy Form CA 00011293, or the equivalent thereof). Such insurance shall include coverage for loading and off loading hazards. If hazardous substances, materials or wastes are to be transported, MCS 90 endorsement shall be included and $5,000,000 per accident limits for bodily injury and property damage shall apply. Workers' Compensation Contractor shall carry Workers' Compensation insurance to cover obligations imposed by federal and state statutes having jurisdiction of Contractor's employees engaged in the performance of the Work; and, Employer's Liability insurance of not less than $100,000 for each accident, $100,000 disease for each employee, and $500,000 disease policy limit. By execution of this Agreement, Contractor certifies as follows: "I am aware and understand the provisions of A.R.S. § 23-900 et seq. which requires every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of this chapter, and I will comply with such provisions before commencing the performance of the Work of this Agreement." If Contractor has no employees for whom workers' compensation insurance is required, Contractor shall submit a declaration or affidavit to City so stating and covenanting to obtain such insurance if and when Contractor employs any employees subject to coverage. In case any work is subcontracted, Contractor will require subcontractors to provide Workers' Compensation and Employer's Liability insurance to at least the same extent as required of Contractor. Certificates of Insurance Prior to commencing Work or services under this Agreement, Contractor shall furnish City with Certificates of Insurance, or formal endorsements as required by the Agreement, issued by Contractor's insurer(s), as evidence that policies providing the required coverages, conditions and limits required by this Agreement are in full force and effect. The form of the certificates of insurance and endorsements shall be subject to the approval of the Apache Junction City Attorney's Office, shall comply with the terms of this Agreement, and shall be issued and delivered to City Attorney, City of Apache Junction, 300 East Superstition Boulevard, Apache Junction, AZ, 85119. In the event any insurance policies required by this Agreement are written on a "claims made" basis, coverage shall extend for two (2) years past completion 7 and acceptance of Contractor's Work and as evidenced by annual Certificates of Insurance. If a policy does expire during the life of the Agreement, a renewal certificate must be sent to City thirty (30) calendar days prior to the expiration date. All Certificates of Insurance shall be identified with bid serial number and title. Policies or certificates and completed forms of City's Additional Insured Endorsement (or a substantially equivalent insurance company form acceptable to the City Attorney) evidencing the coverage required by this section shall be filed with the City and shall include the City as an additional insured. The policy or policies shall be in the usual form of a public liability insurance, but shall also include the following provision: "Solely as respects work done by or on behalf of the named insured for the City of Apache Junction, it is agreed that the City of Apache Junction and its officers and employees are added as additional insureds under this policy." Insurance required herein shall not expire, be canceled, or materially changed without thirty (30) calendar days' prior written notice to City. 16. CHANGE ORDERS: A change order is a written order to Contractor, approved by the City representative, issued after execution of this maintenance agreement authorizing a change in the Work or an adjustment in the maintenance agreement sum or the maintenance agreement time. A change order signed by Contractor indicates their agreement therewith. City may, without invalidating this maintenance agreement, order changes in the Work within the general scope of the maintenance agreement consisting of additions, deletions or other revisions, the maintenance agreement sum and the maintenance 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 maintenance agreement. The City representative shall have authority to order minor changes in the Work not involving an adjustment in the maintenance agreement sum or extension of maintenance agreement time and not inconsistent with the intent of this maintenance agreement. All such changes shall be effected by written order and shall be binding upon City and Contractor. 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 delegates the duties thereunder, without the written consent of the other, nor 8 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. When required, standard bond forms must be completed by Contractor, and Contractor agrees to conform to all provisions set forth in such forms. 21. SAFETY: Contractor and/or its subcontractors shall be solely responsible for job safety at all times. 22. RIGHTS & REMEDIES: The duties and obligations imposed by the Contract Documents and the rights and remedies available hereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. No action or failure to act by City or Contractor shall constitute a waiver of any right or duty afforded any of them under the contract, nor shall any action or failure to act constitute an approval of or an acquiescence to any breaches hereunder except as may be specifically agreed to in writing. 23. FORCE MAJEURE: Neither City nor Contractor, as the case may be, shall be considered not to have performed its obligations under this Agreement in the event of enforced delay (an "Enforced Delay") due to causes beyond its control and without its fault or negligence or failure to comply with applicable laws, including, but not restricted to, acts of God, fires, floods, epidemics, pandemics, quarantine, restrictions, embargoes, labor disputes, and unusually severe weather or the delays of subcontractors or 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 9 or similar hiatus (whether permanent or temporary) by any public entity directly affecting the obligations under this Agreement. In no event will Enforced Delay include any delay resulting from unavailability for any reason of labor shortages, or the unavailability for any reason of particular Contractors, subcontractors, vendors or investors desired by Contractor in connection with the obligations under this Agreement. Contractor agrees that Contractor alone will bear all risks of delay which are not Enforced Delay. In the event of the occurrence of any such Enforced Delay, the time or times for performance of the obligations of the Party claiming delay shall be extended for a period of the Enforced Delay; provided, however, that the Party seeking the benefit of the provisions of this Section shall, within thirty (30) calendar days after such Party knows or should know of any such Enforced Delay, first notify the other Party of the specific delay in writing and claim the right to an extension for the period of the Enforced Delay; and provided further that in no event shall a period of Enforced Delay exceed ninety (90) calendar days. 24. TERMINATION: A. TERMINATION BY CITY: City shall be permitted to terminate this Agreement if in the discretion of the city manager or his or her designee, they believe Contractor has failed to meet the terms of this Agreement. City shall provide Notice of Termination to Contractor by Certified U.S. Mail ten (10) calendar days before such termination takes effect. B. TERMINATION BY CONTRACTOR: Contractor may terminate this Agreement if City fails to make payment as agreed upon in this document. Any other termination will be deemed a breach of contract by Contractor. Contractor shall provide Notice of Termination to City by Certified U.S. Mail ten (10) calendar days before such termination takes effect. 25. RECORDS: Records of Contractor's labor, payroll and other costs pertaining to this Agreement shall be kept on a generally recognized accounting basis and made available to City for inspection on request. Contractor shall maintain records for a period of at least two (2) years after termination of this Agreement, and shall make such records available during that retention period for examination or audit by City personnel during regular business hours. 26. AMENDMENT: It is mutually understood and agreed that no alteration or variation of the terms and conditions of this Agreement shall be valid unless made in writing and signed by the Parties hereto, and that oral understandings or agreements not incorporated herein shall not be binding on the Parties. The representatives of the Parties (signatory for Contractor noted below or his or her designee, and the City Manager, or his or her designee), shall be authorized to execute future amendments or extensions of this Agreement. 10 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 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: This Agreement is subject to, and maybe terminated by City in accordance with, the provisions of A.R.S. § 38-511. 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 shall be deemed automatically terminated by operation of law. Any such boycott is a material breach of contract. 32. COMPLIANCE WITH FEDERAL AND STATE LAWS: Contractor understands and acknowledges the applicability of the American with 11 Disabilities Act, the Immigration Reform and Control Act of 1986 and the Drug Free Workplace Act of 1989 to the services performed under this Agreement. As required by A.R.S. § 41-4401, Contractor hereby warrants its compliance with all federal immigration laws and regulations that relate to its employees and A.R.S. § 23-214(A). Contractor further warrants that after hiring an employee, Contractor will verify the employment eligibility of the employee through the E- Verify program. If Contractor uses any subcontractors in performance of services, subcontractors shall warrant their compliance with all federal immigration laws and regulations that relate to its employees and A.R.S. § 23- 214(A), and subcontractors shall further warrant that after hiring an employee, such subcontractor verifies the employment eligibility of the employee through the E-Verify program. A breach of this warranty shall be deemed a material breach of the Agreement that is subject to penalties up to and including termination of this Agreement. Contractor is subject to a penalty of $100 per day for the first violation, $500 per day for the second violation, and $1,000 per day for the third violation. City at its option may terminate this Agreement after the third violation. Contractor shall not be deemed in material breach of this Agreement if the Contractor and/or subcontractors establish compliance with the employment verification provisions of Sections 274A and 274B of the federal Immigration and Nationality Act and the E-Verify requirements contained in A.R.S. § 23-214(A). City retains the legal right to inspect the papers of any Contractor or subcontractor employee who works under this Agreement to ensure that the Contractor or subcontractor is complying with the warranty. Any inspection will be conducted after reasonable notice and at reasonable times. If state law is amended, the Parties may modify this paragraph consistent with state law. 33. NON-AVAILABILITY_ OF FUNDS: The City may terminate this Agreement without further cost or obligation if the City is unable to secure funding for this work by July 1, 2022. Contractor acknowledges this risk and enters into this agreement well aware that the City disclaims any contractual liability should the City notify the Contractor to stop the Work due to lack of revenue source to pay for additional Work. The City agrees to take all reasonable steps necessary to secure appropriations that are sufficient to meet the budget requirements of this Work. The City shall notify the Contractor at the earliest possible time if the City desires to exercise its termination right pursuant to this Section. 12 IN WITNESS WHEREOF the Parties hereto have caused this Agreement to be signed by their duly authorized representative as of this day of , 2022. CONTRACTOR: SUNLAND ASPHALT, an Arizona corporation By: Alex DeClusin Its: Vice President CITY: CITY OF APACHE JUNCTION, ARIZONA, an Arizona municipal corporation By: Walter"Chip" Wilson _ Its: Mayor ATTEST: Jennifer Pena City Clerk APPROVED AS TO FORM: Richard J. Stern City Attorney 13 STATE OF ARIZONA ) ) ss. County of Maricopa ) The foregoing was subscribed and sworn to before me this 10th day of February , 2022, by Alex DeClusin as Vice President of Sunland Asphalt, an Arizona corporation. Z Notary Public 4t� My Commission Expires: August 27, 2022 LSTEPHANIE MCLAUGHLINNotary Public-ArizonaMaricopa CountyMy Commission Expires August 27,2022 tt1R1 i n# 2i7 STATE OF ARIZONA ) ) ss. COUNTY OF PINAL. ) The foregoing was subscribed and sworn to before me this day of , 2022, by Walter "Chip" Wilson, as Mayor of the City of Apache Junction, Arizona, an Arizona municipal corporation. Notary Public My Commission Expires: 14 EXHIBIT A -S U N L A N EX 3002 S Priest Dr. ASPHALT Tempe AZ 85282 602-323-2800 (p) 602-680-1582 (f) To: City Of Apache Lrxdon contact: Shane Kiesow Address: 575 E.Basdhe Ave Phone: (480)474-8515 Apache Xxxbon,AZ 85119 USA Papa (480)962-8005 Project Name: CITY OF APACHE JUNCTION-IDAHO(SUPERSTITION-LOST Bid Nurrdmr: 1910 DUTCHMAN) Project Location: IDAHO RD(N.SIDE OF SUPERSTITION BLVD-LOST DUTCHMAN Bid Date: 1211512021 BLVD),Apache Junction,AZ tem# Itern Descilpffm Esamated Quarstity Urdt UrdtPrice Total Price 11 1 MOBILIZATION LOD LS $19,000.00 $18,0]0.0D 2 REMOVALS(SALVAGE MISC.SIGNAGE J TREES J ETC) LOD LS $%9MJ00 $5,8o0.0D 3 PULVERIZE EXISTING A5PHALTJA8C (5-DEPTH) 23,500.00 SY $0.70 $16,45QOO 4 SUBGRADE PREP&FINISH 32,720.00 SY $3.15 $10%05ROO 5 CEMENT TREATED SUBGRADE 8•DEPTH(4%CEMENT) 32,720.00 SY $3.75 $122,70Q07 6 PAVE 3-ASPHALT(EVAC A-19MM MIX WJ 76-22TR+) 32,72aOO SY $21.55 $705,116600 7 STRIPING(2 COATS OF PAINT)(INCLUDES Cl RPM'S,OWE LDO LS $27m.00 $27,000LOD LANE,SYMBOLS,&SURVEY) B SURVEY&LAYOUT LOD LS $20,000.00 $240[GOD 9 QUALITY CONTROL TESTING 1.0J LS $14,9mA0 $14,500.aU 10 TRAFFIC CONTROL LM LS $26,O Do $26,OO= Total Bid Price: $1 AM,634.00 Notes: • Bid in Accordance with the i GOVERMENTAL PROCUREMENTALLIANCE(I6PA) Contract#17-16P-05—Asphalt and Rdated Surraces-Awarded 3une 28.2017 UNIT PRICE BREAKDOWN CAN BE PROVIDED UPON REQUEST—ZONE#1 • PROPOSAL 15 BASED ON COMPLETING THE WORK IN I PHASE WITH FULL CLOSURE(ACCESS FOR EMERGENCY SERVICES AS NEEDED) • TRAFFIC CONTROL INCLUDES MESSAGE BOARDS FOR FULL CLOSURE NOTIFICATION AND TEMP DETOUR TRAILBLAZER AND NOTIFICATIONS AS REQUIRED • PRICING INCLUDES ALL TAXES&BONDING • ASPHALT PRICING INCLUDES EVAC A-19MM WITH PG 76-22TR+BUDER 15 ,AcoRU® CERTIFICATE OF LIABILITY INSURANCE DATE(MWDD/YYYY) 2/23/2022 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Reseco Insurance Advisors,LLC PHONE 602 753 4250 FAX 7901 N. 16th Street, E-MAIL A/c No):602-419-2242 Suite 100 AODREss: certificates resecoadvisors.com Phoenix AZ 85020 INSURERS AFFORDING COVERAGE NAIC X INSURER A:National Union Fire Ins Co of PA 19445 INSURED 6934 INSURER B:Crum&Forster Specialty 11123 Sunland Asphalt&Construction, LLC dba Sunland Asphalt INSURERC:Travelers Propeqy Casualty Company 27154 1625 E. Northern Avenue INSURERD:Allied World Assurance Co 19489 Phoenix AZ 85020 INSURER E:Travelers Excess and Surplus Lines Company 29696 INSURERF:The Cincinnati Insurance Company 10677 COVERAGES CERTIFICATE NUMBER:946411467 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL S POLICY EFF POLICY ERP LTR POLK:YNUMBER MWDO MM/DD LIMITS A 7MERCUIL GENERAL LIABILITY Y Y GL9925617 4/1/2021 4/1/2022 EACH OCCURRENCE $1.000-000 CLAIMS-MADE I X 1 OCCUR PREMISES EaENTED occurrence $500 000 ME EXP(Any one person) S 25.000 PERSONAL&ADV:NJURY S 1,000,000 GENT AGGREGATE LIMIT APPLIES PER. GENERAL AGGREGATE $2,000.000 POLICY X PEOOT- LOC PRODUCTS-COMPIOPAGG $2,000.000 OTHER S A AUTOMOBILE LIABILITY Y Y CA9775927 4/1/2021 4/1/2022 Ea COMBINED tSINGL LIMIT $1.000.000 JX ANY AUTO BODILY INJURY(Per person) S OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY(Per accident) S HIRED Ex NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY Per accident $ $ D X UMBRELLA LIAR N OCCUR Y Y 0312-2833 4/V2021 411=22 EACH OCCURRENCE $15,000,000 E Z UP31 N 2609520NF 4/1/2021 4/112022 EXCESS LIAB CLAIMS-MADE AGGREGATE S 15,000,000 DE❑ I X I RETENTIONS $ A WORKERS COMPENSATION Y WC011569704 4/1/2021 4/1/2022 X PER OTH- AND EMPLOYERS'LABILITY YIN STATUTE ER ANYPROPRIETOR/PARTNERIEXECUTIVE NIA E.L.EACH ACCIDENT S 1,000,000 OFFICE R/MEMBER EXCLUDED? (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 IT yye under s,describe nder D ESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 B PmllPoll Liability Y PKC110904 2/16/2022 2/16/2023 Aggregate/Each Claim $5 000.000 C Installation Floater Y QT-630-3S841370-TIL-21 81112021 71112022 Any One Jobs $2,000,000 F Crime/EmployeeDishonesty Y EMP0591772-TAIL 1/1 3120 2 1 V13/2027 Un'iVooductible $1,000,0001510,000 DESCRIPTION OF OPERATIONS!LOCATIONS!VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached If more space is raqufred) Certificate holder is hereby included as Additional Insured with respects to the General Liability,Automobile Liability and Umbrella Liability on a primary and non-contributory basis if required by written contract subject to all provisions and limitations of the policies.Waiver of Subrogation in favor of Certificate Holder applies to the General Liability,Automobile Liability and Employers Liability/Workers Compensation if required by written contract subject to all provisions and limitations of the policies. The above referenced Excess/Umbrella Liability policy is follow-form and provides additional limits of insurance for General Liability, Automobile Liability and Employers Liability/Workers Compensation. The$50,000 is the limit for hired auto physical damage.Deductibles are$250/$500. RE:City of Apache Junction-Idaho Rd(Superstition Blvd to Lost Dutchman),Project No.HFS22-04.Additional Insured:City of Apache Junction CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Apache Junction 575 E Baseline Ave Apache Junction AZ 85119 ;�F=NTATIVE ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD Agenda Item Cover Sheet City of Apache Junction, Arizona 300 E Superstition Boulevard Apache Junction, AZ 85119 File ID: 22-199 Agenda Item No. 9. Agenda Date: 4/5/2022 Sponsor: Shane Kiesow In Control: City Council MeetingIndex: Consideration of approval for an award of contract to Sunland Asphalt for the asphalt overlay of Idaho Road from SR88 to Superstition Boulevard. The work is planned for June, 2022 and is to be fully completed in July, 2022, it will be through the 1 Government Procurement Alliance Cooperative Contract No.17-16P-05 in the amount of $118,632.00, plus a 10% contingency for unforeseen change orders in the amount of $11,863.20, for a total not to exceed $130,495.20 and it will result in a new pavement surface for this portion of Idaho Road, as part of the Fiscal Year 2023 Capital Improvement & Street Maintenance Plan. Page 1 City of Apache Junction, Arizona Printed on 6/17/2026 575 E. Baseline Avenue, Apache Junction, A Z 85219 Voice (480) 982 -1055 FAX (480 ) 983 -5752 or (480 ) 982 -8005 Public Works Department City of Apache Junction Home of the Superstition Mountains Date: March 21, 2022 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: Project # SST22-07 Award City staff respectfully requests city council consideration for an award of contract to Sunland Asphalt for Project SST22-07; asphalt concrete overlay of Idaho Road from SR88 (North Apache Trail) to Superstition Boulevard, for a total not to exceed $130,495.20. This work is planned to be allocated in the 2023 Fiscal Year Budget through the use of Street Sales Tax revenues and it will result in a new asphalt surface for the replacement of the existing pavement that is in poor condition. This location is a high trafficked area and the plan is to have the project completed as quickly as possible and before the start of the 2023 school year. W ith anticipated interruptions to the traffic of short durations, lane closures and restrictions will occur and the roadway will remain open to traffic and business access at all times. CITY OF APACHE JUNCTION STREET MAINTENANCE AGREEMENT PROJECT NO.: HFS22-07 THIS AGREEMENT made and entered into by and between the CITY OF APACHE JUNCTION ("City"), an Arizona municipal corporation, and SUNLAND ASPHALT, an Arizona corporation, ("Contractor"), sometimes collectively referred to as the "Parties", or individually as a "Party". RECITALS A. Contractor asserts its willingness, ability and qualifications to provide the completed products, goods and services (the "Work") called for in in 1 Governmental Procurement Alliance ("1 GPA") cooperative Contract No. 17-16P-05 and Contractor's Estimate (attached hereto as Exhibit A) dated December 13, 2021 (the "Contract Documents"). B. City and Contractor desire to set forth herein their respective responsibilities and the manner and terms upon which Contractor shall complete the Work. C. City has complied with the public bidding requirements under Arizona Revised Statutes ("A.R.S.") Title 34, and Apache Junction City Code, Vol. I, Chapter 3, Administration, Article 3-7, Procurement Procedures, or such Work is categorically exempt from such process. AGREEMENT NOW, THEREFORE, City retains Contractor to perform, and Contractor agrees to render the Work in accordance with the terms and conditions set forth as follows: 1. PROJECT DESCRIPTION: Contractor shall do and perform or cause to be done and performed in a good workmanlike manner, the Work set forth in accordance with and as more fully described in the Contract Documents. 2. PAYMENTS & COMPLETION: The total amount payable by the City to the Contractor is an amount not to exceed one hundred eighteen thousand six hundred thirty-two dollars and zero cents ($118,632.00) (the "Contract Sum") for the performance of the Work under the Contract Documents. All contracts will be operable for their full term at the rates quoted in the initial bid proposal, unless otherwise extended in writing by the City. Once City finds the Work acceptable under the Contract Documents, City shall promptly submit for processing a certificate for payment stating that, to the best of its knowledge, information and belief on the basis of its observation and inspection, the Work has been completed in accordance with the terms and conditions of the Contract Documents and that partial payment or the balance due the Contractor is payable. 3. CONTRACT TERM: Upon Notice to Proceed given by the City, Contractor shall begin Work no sooner than June 1, 2022 and shall complete it no later than August 31, 2022. This provision does not limit the liability of Contractor for actual damages sustained by City as a result of any breach of contract or warranty by Contractor. Extensions may be approved at times as the Parties mutually deem fit. 4. LABOR AND MATERIALS: Unless otherwise provided in the Contract Documents, Contractor shall provide, pay for and insure under the requisite laws and regulations all labor, materials, equipment, tools and machinery, water, heat, utilities, transportation, other facilities and services necessary for the proper execution and completion of the Work, whether temporary or permanent, and whether or not incorporated or to be incorporated in the Work. 5. INSPECTIONS AND QUALITY OF WORK: Contractor understands and agrees that inspection of the Work performed hereunder will occur by City. Contractor agrees that City will have the exclusive right to determine, in its sole discretion, whether the Work has been performed in accordance with the Contract Documents. Contractor further agrees to make such corrections to the Work as may be directed by City to conform to said Contract Documents. 6. WARRANTY: Contractor shall guarantee the Work against defective workmanship or materials for a period of one (1) year from the date of its final acceptance under the contract, ordinary wear and tear and unusual abuse or neglect excepted. Any omission on the part of City to condemn defective Work or materials at the time of maintenance Work shall not be deemed an acceptance and Contractor will be required to correct defective Work or materials 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 shall be in 2 addition to and not in limitation of any other warrantees, guarantees or remedies required by law, and shall survive the expiration of this Agreement for the time period mentioned above. 7. TAXES: Contractor shall pay all license, sales, transaction privilege, 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. 8. PERMITS & FEES: Unless otherwise provided in the Contract Documents, Contractor shall secure and pay for all permits, government fees, licenses and inspections necessary for the proper execution and completion of work which are customarily secured after execution of the contract and which are legally required. Contractor shall give all notices and comply with all laws, ordinances, rules, regulations and lawful orders of any public authority bearing on the performance of the Work. 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 Chapter 8 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 6. Contractor also acknowledges that the 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. 9. INDEPENDENT CONTRACTOR: Contractor shall at all times during Contractor's performance of the services retain Contractor's status as an independent contractor. Contractor's employees shall under no circumstances be considered or held to be employees or agents of City, and City shall have no obligation to pay or withhold state or federal taxes, or provide workers' compensation or unemployment insurance for or on behalf of them or Contractor. Contractor shall supervise and direct the delivery of the materials using its best skill and attention. Except as provided in this Agreement, Contractor shall be solely responsible for all construction means, methods, techniques, sequences and procedures, and for coordinating all portions of the Work required by the Contract Documents. Contractor shall be responsible to 3 City for the acts and omissions of its employees, subcontractors and their agents and employees and other persons providing any of the Work. 10. SUPERINTENDENT: Contractor shall employ a competent project superintendent who shall be in attendance at the project site during the progress of the Work. The superintendent shall represent and be the community agent of Contractor and communications given to the superintendent shall be as binding as if given to Contractor. Important communications shall be confirmed in writing. The designated superintendent shall be designated for each project and communicated to City before the Work is performed. 11. PROGRESS SCHEDULE: Contractor shall, immediately after entering into this Agreement, generate an estimated Work progress schedule, which shall be maintained and updated during the project. Work may progress during regular City business hours only if it is determined by City not to disturb normal operations. 12. INDEMNIFICATION: To the fullest extent permitted by law, Contractor shall defend, indemnify and hold harmless City, its elected and appointed officers, officials, agents, and employees from and against any and all liability including but not limited to demands, claims, actions, fees, costs and expenses, including attorney and expert witness fees, arising from or connected with, or alleged to have arisen from or connected with, relating to, arising out of, or alleged to have resulted from the acts, errors, mistakes, omissions, the Work or services of Contractor, its agents, employees, or any tier of Contractor's subcontractors in the performance of this Agreement, but only to the extent caused by the negligence, recklessness or intentional wrongful conduct of Contractor or its subcontractors in the performance of this Agreement or any subcontract. Contractor's duty to defend, hold harmless and indemnify City, any special districts, elected and appointed officers, officials, agents, and employees shall arise in connection with any tortious claim, damage, loss or expense that is attributable to bodily injury, sickness, disease, death, or injury to, impairment, or destruction of property including loss of use resulting therefrom, caused by an Contractor's acts, errors, mistakes, omissions, work or services in the performance of this Agreement including any employee of Contractor, any tier of Contractor's subcontractor or any other person for whose acts, errors, mistakes, omissions, work or services Contractor may be legally liable. 13. SUBCONTRACTORS: All subcontractors chosen by Contractor will be subject to City's approval. All subcontractors shall be identified by Contractor prior to award of contract. Contractor shall make no substitutions for any subcontractor, person or entity previously selected without the approval of City. 4 14. APPLICABLE LAW AND VENUE: The terms and conditions of this Agreement shall be governed by and interpreted in accordance with the laws of the State of Arizona. Any action at law or in equity brought by either Party for the purpose of enforcing a right or rights provided for in this Agreement, shall be tried in a court of competent jurisdiction in Pinal County, State of Arizona. The Parties hereby waive all provisions of law providing for a change of venue in such proceeding to any other county. In the event either Party shall bring suit to enforce any term of this Agreement or to recover any damages for and on account of the breach of any term or condition in this Agreement, it is mutually agreed that the prevailing Party in such action shall recover all costs including: all litigation and appeal expenses, collection expenses, reasonable attorney fees, necessary witness fees and court costs to be determined by the court in such action. 15. INSURANCE: Contractor, at its own expense, shall purchase and maintain the herein stipulated minimum insurance with companies duly licensed, possessing a current A.M. Best, Inc. Rating of B++6, or approved unlicensed in the State of Arizona with policies and forms satisfactory to City. All insurance required herein shall be maintained in full force and effect until all Work required to be performed under the terms of the Agreement is satisfactorily completed and formally accepted; failure to do so may, at the sole discretion of City, constitute a material breach of this Agreement. Contractor's insurance shall be primary insurance as respects the City, and any insurance or self-insurance maintained by City shall not contribute to it. Any failure to comply with the claim reporting provisions of the insurance policies or any breach of an insurance policy warranty shall not affect coverage afforded under the insurance policies to protect City. The insurance policies, except Workers' Compensation, shall contain a waiver of transfer rights of recovery (subrogation) against City, its agents, officers, officials and employees for any claims arising out of Contractor's acts, errors, mistakes, omissions, Work or service. The insurance policies may provide coverage which contains deductibles or self-insured retentions. Such deductible and/or self-insured retentions shall not be applicable with respect to the coverage provided to City under such policies. Contractor shall be solely responsible for the deductible and/or self retention and City, at its option, may require Contractor to secure payment of such deductibles or self-insured retentions by a surety bond or an irrevocable and unconditional letter of credit. City reserves the right to request and to receive, within ten (10) working days, certified copies of any or all of the herein required insurance policies and/or 5 endorsements. City shall not be obligated, however, to review same or to advise Contractor of any deficiencies in such policies and endorsements, and such receipt shall not relieve Contractor from, or be deemed a waiver of, City's right to insist on strict fulfillment of Contractor's obligations under this Agreement. The insurance policies, except Workers' Compensation and Professional Liability, required by this Agreement, shall name City, its agents, officers, officials and employees as Additional Insureds. 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 that on Insurance Service Office, Inc. Policy Form No. CG 00011093, or the equivalent thereof. Such policy shall contain a severability of interest provision, and shall not contain a sunset provision or commutation clause, nor any provision which would serve to limit third party action over claims. The Commercial General Liability additional insured endorsement shall be at least as broad as the Insurance Service Office, Inc.'s Additional Insured, Form B, CG 20101185, 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, Contractor shall purchase and maintain, at all times during prosecution of the Work, under this Agreement, an Owner and Contractor's Protective Liability insurance policy for bodily injury and property damage, including death, which may arise in the prosecution of Contractor's Work, under this Agreement. Coverage shall be on an occurrence basis with a limit not less than $1,000,000 per occurrence, and the policy shall be issued by the same insurance company that issues Contractor's Commercial General Liability insurance. Automobile Liability Contractor shall maintain Commercial/Business Automobile Liability insurance with a combined single limit for bodily injury and property damage of not less than $1,000,000 each occurrence with respect to Contractor's owned, hired, 6 and non-owned vehicles assigned to or used in performance of Contractor's Work. Coverage will be at least as broad as coverage code 1, "any auto", (Insurance Service Office, Inc. Policy Form CA 00011293, or the equivalent thereof). Such insurance shall include coverage for loading and off loading hazards. If hazardous substances, materials or wastes are to be transported, MCS 90 endorsement shall be included and $5,000,000 per accident limits for bodily injury and property damage shall apply. Workers' Compensation Contractor shall carry Workers' Compensation insurance to cover obligations imposed by federal and state statutes having jurisdiction of Contractor's employees engaged in the performance of the Work; and, Employer's Liability insurance of not less than $100,000 for each accident, $100,000 disease for each employee, and $500,000 disease policy limit. By execution of this Agreement, Contractor certifies as follows: "I am aware and understand the provisions of A.R.S. § 23-900 et seq. which requires every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of this chapter, and I will comply with such provisions before commencing the performance of the Work of this Agreement." If Contractor has no employees for whom workers' compensation insurance is required, Contractor shall submit a declaration or affidavit to City so stating and covenanting to obtain such insurance if and when Contractor employs any employees subject to coverage. In case any work is subcontracted, Contractor will require subcontractors to provide Workers' Compensation and Employer's Liability insurance to at least the same extent as required of Contractor. Certificates of Insurance Prior to commencing Work or services under this Agreement, Contractor shall furnish City with Certificates of Insurance, or formal endorsements as required by the Agreement, issued by Contractor's insurer(s), as evidence that policies providing the required coverages, conditions and limits required by this Agreement are in full force and effect. The form of the certificates of insurance and endorsements shall be subject to the approval of the Apache Junction City Attorney's Office, shall comply with the terms of this Agreement, and shall be issued and delivered to City Attorney, City of Apache Junction, 300 East Superstition Boulevard, Apache Junction, AZ, 85119. In the event any insurance policies required by this Agreement are written on a "claims made" basis, coverage shall extend for two (2) years past completion 7 and acceptance of Contractor's Work and as evidenced by annual Certificates of Insurance. If a policy does expire during the life of the Agreement, a renewal certificate must be sent to City thirty (30) calendar days prior to the expiration date. All Certificates of Insurance shall be identified with bid serial number and title. Policies or certificates and completed forms of City's Additional Insured Endorsement (or a substantially equivalent insurance company form acceptable to the City Attorney) evidencing the coverage required by this section shall be filed with the City and shall include the City as an additional insured. The policy or policies shall be in the usual form of a public liability insurance, but shall also include the following provision: "Solely as respects work done by or on behalf of the named insured for the City of Apache Junction, it is agreed that the City of Apache Junction and its officers and employees are added as additional insureds under this policy." Insurance required herein shall not expire, be canceled, or materially changed without thirty (30) calendar days' prior written notice to City. 16. CHANGE ORDERS: A change order is a written order to Contractor, approved by the City representative, issued after execution of this maintenance agreement authorizing a change in the Work or an adjustment in the maintenance agreement sum or the maintenance agreement time. A change order signed by Contractor indicates their agreement therewith. City may, without invalidating this maintenance agreement, order changes in the Work within the general scope of the maintenance agreement consisting of additions, deletions or other revisions, the maintenance agreement sum and the maintenance 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 maintenance agreement. The City representative shall have authority to order minor changes in the Work not involving an adjustment in the maintenance agreement sum or extension of maintenance agreement time and not inconsistent with the intent of this maintenance agreement. All such changes shall be effected by written order and shall be binding upon City and Contractor. 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 delegates the duties thereunder, without the written consent of the other, nor 8 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. When required, standard bond forms must be completed by Contractor, and Contractor agrees to conform to all provisions set forth in such forms. 21. SAFETY: Contractor and/or its subcontractors shall be solely responsible for job safety at all times. 22. RIGHTS & REMEDIES: The duties and obligations imposed by the Contract Documents and the rights and remedies available hereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. No action or failure to act by City or Contractor shall constitute a waiver of any right or duty afforded any of them under the contract, nor shall any action or failure to act constitute an approval of or an acquiescence to any breaches hereunder except as may be specifically agreed to in writing. 23. FORCE MAJEURE: Neither City nor Contractor, as the case may be, shall be considered not to have performed its obligations under this Agreement in the event of enforced delay (an "Enforced Delay") due to causes beyond its control and without its fault or negligence or failure to comply with applicable laws, including, but not restricted to, acts of God, fires, floods, epidemics, pandemics, quarantine, restrictions, embargoes, labor disputes, and unusually severe weather or the delays of subcontractors or 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 9 or similar hiatus (whether permanent or temporary) by any public entity directly affecting the obligations under this Agreement. In no event will Enforced Delay include any delay resulting from unavailability for any reason of labor shortages, or the unavailability for any reason of particular Contractors, subcontractors, vendors or investors desired by Contractor in connection with the obligations under this Agreement. Contractor agrees that Contractor alone will bear all risks of delay which are not Enforced Delay. In the event of the occurrence of any such Enforced Delay, the time or times for performance of the obligations of the Party claiming delay shall be extended for a period of the Enforced Delay; provided, however, that the Party seeking the benefit of the provisions of this Section shall, within thirty (30) calendar days after such Party knows or should know of any such Enforced Delay, first notify the other Party of the specific delay in writing and claim the right to an extension for the period of the Enforced Delay; and provided further that in no event shall a period of Enforced Delay exceed ninety (90) calendar days. 24. TERMINATION: A. TERMINATION BY CITY: City shall be permitted to terminate this Agreement if in the discretion of the city manager or his or her designee, they believe Contractor has failed to meet the terms of this Agreement. City shall provide Notice of Termination to Contractor by Certified U.S. Mail ten (10) calendar days before such termination takes effect. B. TERMINATION BY CONTRACTOR: Contractor may terminate this Agreement if City fails to make payment as agreed upon in this document. Any other termination will be deemed a breach of contract by Contractor. Contractor shall provide Notice of Termination to City by Certified U.S. Mail ten (10) calendar days before such termination takes effect. 25. RECORDS: Records of Contractor's labor, payroll and other costs pertaining to this Agreement shall be kept on a generally recognized accounting basis and made available to City for inspection on request. Contractor shall maintain records for a period of at least two (2) years after termination of this Agreement, and shall make such records available during that retention period for examination or audit by City personnel during regular business hours. 26. AMENDMENT: It is mutually understood and agreed that no alteration or variation of the terms and conditions of this Agreement shall be valid unless made in writing and signed by the Parties hereto, and that oral understandings or agreements not incorporated herein shall not be binding on the Parties. The representatives of the Parties (signatory for Contractor noted below or his or her designee, and the City Manager, or his or her designee), shall be authorized to execute future amendments or extensions of this Agreement. 10 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 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: This Agreement is subject to, and maybe terminated by City in accordance with, the provisions of A.R.S. § 38-511. 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 shall be deemed automatically terminated by operation of law. Any such boycott is a material breach of contract. 32. COMPLIANCE WITH FEDERAL AND STATE LAWS: Contractor understands and acknowledges the applicability of the American with 11 Disabilities Act, the Immigration Reform and Control Act of 1986 and the Drug Free Workplace Act of 1989 to the services performed under this Agreement. As required by A.R.S. § 41-4401, Contractor hereby warrants its compliance with all federal immigration laws and regulations that relate to its employees and A.R.S. § 23-214(A). Contractor further warrants that after hiring an employee, Contractor will verify the employment eligibility of the employee through the E- Verify program. If Contractor uses any subcontractors in performance of services, subcontractors shall warrant their compliance with all federal immigration laws and regulations that relate to its employees and A.R.S. § 23- 214(A), and subcontractors shall further warrant that after hiring an employee, such subcontractor verifies the employment eligibility of the employee through the E-Verify program. A breach of this warranty shall be deemed a material breach of the Agreement that is subject to penalties up to and including termination of this Agreement. Contractor is subject to a penalty of $100 per day for the first violation, $500 per day for the second violation, and $1,000 per day for the third violation. City at its option may terminate this Agreement after the third violation. Contractor shall not be deemed in material breach of this Agreement if the Contractor and/or subcontractors establish compliance with the employment verification provisions of Sections 274A and 274B of the federal Immigration and Nationality Act and the E-Verify requirements contained in A.R.S. § 23-214(A). City retains the legal right to inspect the papers of any Contractor or subcontractor employee who works under this Agreement to ensure that the Contractor or subcontractor is complying with the warranty. Any inspection will be conducted after reasonable notice and at reasonable times. If state law is amended, the Parties may modify this paragraph consistent with state law. 33. NON-AVAILABILITY OF FUNDS: The City may terminate this Agreement without further cost or obligation if the City is unable to secure funding for this work by July 1, 2022. Contractor acknowledges this risk and enters into this agreement well aware that the City disclaims any contractual liability should the City notify the Contractor to stop the Work due to lack of revenue source to pay for additional Work. The City agrees to take all reasonable steps necessary to secure appropriations that are sufficient to meet the budget requirements of this Work. The City shall notify the Contractor at the earliest possible time if the City desires to exercise its termination right pursuant to this Section. 12 IN WITNESS WHEREOF the Parties hereto have caused this Agreement to be signed by their duly authorized representative as of this day of , 2022. CONTRACTOR: SUNLAND ASPHALT, an Arizona corporation By: Alex DeClusul. Its: Vice Pres,idgn_ CITY: CITY OF APACHE JUNCTION, ARIZONA, an Arizona municipal corporation By: Walter"Chip"Wilson Its: Mayor _ ATTEST: Jennifer Pena City Clerk APPROVED AS TO FORM: Richard J. Stern City Attorney 13 EXHIBIT A -SU N LAN E)L 775 W. Elwood Street ASPHALT Phoenix, AZ 85041 (P) 602.323.2800 (f)602.910.3224 To: City Of ApacheLnction Contact: Shan eKIesow Addresr, 575 E.Basalhe Ave Phorrc (480)474-8515 Apache lixton,AZ BS L19 U5A Fac (480)982-BOOS Project Name CITY OF APACHE]UNCTION-IDAHO RD(APACHE TRAIL- Bid Murnther. 1903 SUPERSTITION) Project Location: IDAHO ROAD OVERLAY(APACHE TRAIL TO SUPERSTITION BLVD), Did Date: 12113j2021 Apache Xmiion,AZ Item# Item Descdpfdon EslimatDcl Quantity Unit UnitPrice Tnstal Price I MOBILIZATION(-NEGOTIATE WITH INTRA-PROJECT 1.00 Ls $7,5COLO $7,5DCLCO MOBILIZATION IF POSSIBLE) 2 EDGE MILLING(1.75'DEPTH) 1r450.ca $y 1530 S7,E8SOO 3 PAVE 2-ASPHALT(EVAC A,125MM MIX W(76-22TR+) 5,37aOD SY $17.10 Z91.827.00 4 QUALITY CONTROL TESTING 1.00 LS 5 FINAL ADJUST WATER VALVE 9 TYPE A-SURVEY 2-00 EACH MDO s1,I00 co MONUMENT(PER MAG) 6 STRIPING(2 COATS OF PAINTxINLCUDE5 STOP BARS, 1.00 LS $4,900DO $4,9MCO SYMBOLS h SURVEY) 7 TRAFFIC CONTROL LOD Ls $4=.00 $4,9M00 Total Bid Price: $118,632.00 Notes: • Bid in Accordance with the 1 GOVERMENTAL PROCUREMNT ALLIANCE(1GPA) Contract#17-16P-05—Aspheit and Related Surfaces-Awarded Ame 28,2017 LIMIT PRICE BREAKDOWN CAN BE PROVIDED UPON REQUEST—ZONE#1 • PRICING DJCLUDE5 ALL LABOR,EQUIPMENT AND MATERIALS TO EDGE MILL 2"PERIMETER,SWEEP,TACK AND PAVE 2'ON IDAHO(MEDIAN NORTH OF APACHE TRAIL TOSOUTHSIDE OF SUPERSTITION BLVD) • ALL MILLINGS WILL BE HAULED TO THE CITY OF APACHE JUNCTION YARD ON BASELINE B WINCHESTER 14 AC<:? CERTIFICATE OF LIABILITY INSURANCE DATE(MM1DDNYYY) 2/23/2022 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsements. PRODUCER CONTACT Reseco Insurance Advisors, LLC NAME: 7901 N. 16th Street, PHONE •602-753-4250 FAX Suite 100 E-MAIL INCNo):602 419-2242 Phoenix AZ 85020 ADDRESS: certifiGates@resecoadvisors.com INSURER S AFFORDING COVERAGE NAIL X INSURER A:National Union Fire Ins Co of PA 19445 ISunland Asphalt&Construction, LLC 6934 INsuRERB:Crum&Forster SNSURED ial 11123 dba Sunland Asphalt INSURER C:Travelers Property Casual Company 27154 1625 E.Northern Avenue INSURERD:Allied World Assurance CO 19489 Phoenix AZ 85020 INSURER E:Travelers Excess and Su lus Lines Company 29696 INSURER F: The Cincinnati Insurance Company 10677 COVERAGES CERTIFICATE NUMBER:2005280799 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE L SUBR POLICY EFF POLICY EXP LTR POLICYNUMBER MMfOD/YYYY) 1111111hi LIMITS A X COMMERCIAL GENERAL LIABILITY Y Y GL9925617 4/112021 411/2022 EACH OCCURRENCE S1,000,OD0 CLAIMS-MADE X OCCUR DA AGE ToPREMISES Ea occurrence $500.000 MED FXP(Any one person) S 25,000 PERSONAL&ADV INJURY s 1,000,000 GENT AGGREGATE LIMIT APPLIES PER, GENERAL AGGREGATE S 2,000,000 POLICY� E T LOC PRODUCTS-COMP/OP AGG S 2,000,000 OTHER' $ A AUTOMOBILE LIABILITY Y Y CA9775927 41112021 41112022 EaMaBlcNdeDtSINGLE LIABILITY $1,000,000 X ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY(Per accident) $ X HIRED X NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY Per accident $ I $ D X UMBRELLA I" X OCCUR Y Y 0312-2833 4/l/2021 4/112022 E 2UP31N2609520NF 4/1/2021 4/1/2022 FJICHOCCURRENCE 515,000,000 EXCESS LAB CLAIMS-MADE AGGREGATE S 15,000,000 DED I X I RETENTION$ nnn $ A WORKERS COMPENSATION Y WC011569704 411/2021 4/112022U1 X PER O AND EMPLOYERS'L61LITY Y f N STATUTE ERTH- ONYICERfM ETOR/PARTNERIDXECUTIVE E L.EACH ACCIDENT $1,000,000 OFFICER/MEMBEREXCLUDED'! NIA (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000.000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 B ProPoll Installation Float Y PKC110904 2/16/2022 211612023 Aggregate/Each Claim $5,000.000 ity C CrimlEmbale QT-630-3S841370-TIL-21 8/1/2021 7/1/2022 Any One Y $2,000,000 F CrmelEmpbyeeDishonesty Y EMP0591772-TAIL 1/13/2021 1/13/2027 Unnit/Deductible $1,000,000510,000 DESCRIPTION OF OPERATIONS I LOCATIONS 1 VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached If more space Is required) Certificate OF is hereby included as Additional Insured with respects to the General Liability,Automobile Liability and Umbrella Liability on a primary and non-contributory basis if required by written contract subject to all provisions and limitations of the policies.Waiver of Subrogation in favor of Certificate Holder applies to the General Liability,Automobile Liability and Employers Liability/Workers Compensation if required by written contract subject to all provisions and limitations of the policies. The above referenced Excess/Umbrella Liability policy is follow-form and provides additional limits of insurance for General Liability, Automobile Liability and Employers Liability/Workers Compensation. The$50,000 is the limit for hired auto physical damage.Deductibles are$250/$500. RE:City of Apache Junction-Idaho Rd(Apache Trail to Superstition Blvd),Project No.HFS22-07.Additional Insured:City of Apache Junction CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Apache Junction ACCORDANCE WITH THE POLICY PROVISIONS. 575 E Baseline Ave Apache Junction AZ 85119 AUTH RIZEDREPRESENTATNE ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD Agenda Item Cover Sheet City of Apache Junction, Arizona 300 E Superstition Boulevard Apache Junction, AZ 85119 File ID: 22-099 Agenda Item No. 10. Agenda Date: 4/5/2022 Sponsor: Michael Pooley In Control: City Council MeetingIndex: Proclamation designating the week of April 10, 2022 through April 16, 2022 as "National Public Safety Telecommunications Week". Page 1 City of Apache Junction, Arizona Printed on 6/17/2026 Proclamation NATIONAL PUBLIC SAFETY TELECOMMUNICATIONS WEEK APRIL 10th - APRIL 16th, 2022 WHEREAS, emergencies can occur at any time that require police, fire, or emergency medical services; and, WHEREAS when an emergency occurs the prompt response of our law enforcement, fire and emergency medical personnel is critical to the protection of life and preservation of property; and, WHEREAS the safety of our first responders is dependent upon the quality and accuracy of information obtained from citizens who call our the 9-1-1 Public Safety Communications Center; and, WHEREAS our Public Safety Communications professionals are the first and most critical contact our citizens have with emergency services; and, WHEREAS our Public Safety Communications professionals are the single vital link for first responders by monitoring their activities by radio, providing them information, and ensuring their safety; NOW, THEREFORE, I, Chip Wilson, Mayor of the City of Apache Junction, Arizona do hereby proclaim April 10th – 16th , 2022 as NATIONAL PUBLIC SAFETY TELECOMMUNICATIONS WEEK in Apache Junction and urge our fellow citizens to show their appreciation by calling the Police Department and thanking the Police Telecommunications Officers for their commitment to you and your family. They are the voice of comfort and compassion serving you 24 hours a day 7 days a week. Signed and attested to this day of , 2022. WALTER “CHIP” WILSON Mayor ATTEST: JENNIFER PENA City Clerk Agenda Item Cover Sheet City of Apache Junction, Arizona 300 E Superstition Boulevard Apache Junction, AZ 85119 File ID: 22-207 Agenda Item No. 11. Agenda Date: 4/5/2022 Sponsor: Pamela Harrison In Control: City Council MeetingIndex: Proclamation designating the week of April 3rd through April 9th, 2022 as National Library Week. Page 1 City of Apache Junction, Arizona Printed on 6/17/2026 Proclamation NATIONAL LIBRARY WEEK APRIL 3 – 9, 2022 WHEREAS, today’s libraries are more about what they can do with and for their communities, and have long served as trusted institutions; often the heart of their cities, towns, schools, and academic campuses; WHEREAS, libraries serve people of all ages, interests and backgrounds providing resources of technology, programs, services and space to engage in life-long learning; WHEREAS, libraries are a resource for all - regardless of race, ethnicity, creed, ability, sexual orientation, gender identity or socio-economic status; WHEREAS, America is celebrating National Library Week including April 5 as National Library Workers’ Day and the immeasurable contributions made by library workers; April 6 as National Outreach Day showing library services are not limited to their physical location; and April 7 as Take Action for Libraries Day encouraging community support for libraries; NOW, THEREFORE, be it resolved that I, Chip Wilson, Mayor of the City of Apache Junction, proclaim National Library Week, April 3-9, 2022 in the City of Apache Junction. During this week, we encourage all residents to visit our library, take the 5 minute strategic planning library survey, and explore all that the library has to offer. NOW, THEREFORE, be it resolved that I, Chip Wilson, Mayor of the City of Apache Junction, proclaim National Library Week, April 3 through the 9, of 2022, and encourage all residents to visit our library, and explore all that it has to offer. Signed and attested to this day of April, 2022. WALTER “CHIP” WILSON Mayor ATTEST: ______________________________ JENNIFER D. PENA City Clerk Agenda Item Cover Sheet City of Apache Junction, Arizona 300 E Superstition Boulevard Apache Junction, AZ 85119 File ID: 22-179 Agenda Item No. 12. Agenda Date: 4/5/2022 Sponsor: Chip Wilson In Control: City Council MeetingIndex: Brief summary of intergovernmental updates from mayor and councilmembers. Page 1 City of Apache Junction, Arizona Printed on 6/17/2026 Agenda Item Cover Sheet City of Apache Junction, Arizona 300 E Superstition Boulevard Apache Junction, AZ 85119 File ID: 22-180 Agenda Item No. 13. Agenda Date: 4/5/2022 Sponsor: Bryant Powell In Control: City Council MeetingIndex: City Manager's Report. Page 1 City of Apache Junction, Arizona Printed on 6/17/2026 Agenda Item Cover Sheet City of Apache Junction, Arizona 300 E Superstition Boulevard Apache Junction, AZ 85119 File ID: 22-181 Agenda Item No. 14. Agenda Date: 4/5/2022 Sponsor: Al Bravo In Control: City Council MeetingIndex: Announcement of current events. Page 1 City of Apache Junction, Arizona Printed on 6/17/2026 Agenda Item Cover Sheet City of Apache Junction, Arizona 300 E Superstition Boulevard Apache Junction, AZ 85119 File ID: 22-203 Agenda Item No. 15. Agenda Date: 4/5/2022 Sponsor: Bryant Powell In Control: City Council MeetingIndex: Discussion and appreciation for retiring Apache Junction Police Commander, Troy Mullender for his 37 years of service. Page 1 City of Apache Junction, Arizona Printed on 6/17/2026 Agenda Item Cover Sheet City of Apache Junction, Arizona 300 E Superstition Boulevard Apache Junction, AZ 85119 File ID: 22-119 Agenda Item No. 16. Agenda Date: 4/5/2022 Sponsor: Rudy Esquivias In Control: City Council MeetingIndex: Presentation, discussion, and public hearing by Carson Bise, of TischlerBise, on the updated Land Use Assumptions, Infrastructure Improvements Plan and Development Fee draft report dated March 30, 2022. Page 1 City of Apache Junction, Arizona Printed on 6/17/2026 Apache Junction, Arizona April 5, 2022 City Council Meeting: Draft Land Use Assumptions and Infrastructure Improvements Plan 2 Overview •Development Fee Basics •Land Use Assumptions •Infrastructure Improvements Plan •Library •Parks and Recreational •Police •Street •Fee Summary •Adoption Timeline DRAFT 3 Development Fee Ground Rules •Not a revenue raising mechanism, but a way to meet growth-related infrastructure needs •It’s a land use regulation •Provide infrastructure as growth occurs •New development’s proportionate share of capital cost for system improvements •Demographic analysis and development projections •Infrastructure needs and cost analysis •Fee payers must receive a benefit •Geographic service areas •Accounting and expenditure controls DRAFT 4 AZ Legislation: Development Fees •Three Integrated Products: •Land Use Assumptions:10+ years •Infrastructure Improvements Plan (IIP): limited to 10 years •Development Fees: part of broader revenue strategy •Level of service (LOS) •May not exceed what is provided to existing development •Higher LOS must be paired with non-development fee funding source to cover existing development’s share •Limitations on necessary public services •Parks: 30 acres unless direct benefit to development •Libraries: 10,000 square feet •Public Safety: No regional training facilities DRAFT 5 Overview of Adoption Process Round One • Land Use Assumptions • Infrastructure Improvement Plans Round Two •Development Fees • Modify Based on Round One Input/Decisions •Revenue Projections • Required Offsets DRAFT 6 Fee Methodologies TischlerBise | www.tischlerbise.com •Cost Recovery Approach (Past) •Future development is “buying in” to the cost the community has already incurred to provide growth-related capacity •Common in communities approaching buildout •Incremental Expansion Approach (Present) •Formula-based approach based on existing levels of service •Fee is based on the current cost to replicate existing levels of service (i.e., replacement cost) •Plan-Based Approach (Future) •Usually reflects an adopted CIP or master plan •Growth-related costs are more refined DRAFT 7 Evaluate Need for Credits •Site specific •Developer constructs a capital facility included in fee calculations •Debt service •Avoid double payment due to existing or future bonds •Dedicated revenues •Property tax, local option sales tax, gas tax 7 DRAFT 8 Development Projections 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 Base Year 1 2 3 4 5 6 7 8 9 10 Peak Population 44,205 44,667 47,334 50,729 54,123 57,516 60,908 64,300 67,692 71,084 74,476 30,271 Housing Units Single Family 14,919 15,033 16,040 17,342 18,644 19,945 21,246 22,547 23,848 25,149 26,450 11,531 Multi-Family 1,712 1,815 1,966 2,132 2,298 2,464 2,630 2,796 2,962 3,128 3,294 1,582 Recreational Vehicle 638 638 638 638 638 638 638 638 638 638 638 0 Total 17,269 17,486 18,644 20,112 21,580 23,047 24,514 25,981 27,448 28,915 30,382 13,113 Employment Industrial 979 1,066 1,154 1,241 1,329 1,404 1,480 1,555 1,631 1,706 1,740 761 Commercial 2,462 2,563 2,664 2,765 2,866 3,129 3,392 3,655 3,918 4,181 4,418 1,956 Office & Other Services 1,912 2,006 2,099 2,193 2,286 2,367 2,449 2,530 2,612 2,693 2,850 937 Institutional 1,298 1,312 1,327 1,341 1,356 1,375 1,394 1,412 1,431 1,450 1,471 174 Total 6,651 6,947 7,244 7,540 7,837 8,276 8,714 9,153 9,591 10,030 10,479 3,828 Nonres. Floor Area (x1,000) Industrial 623 679 735 791 847 895 943 991 1,039 1,087 1,108 485 Commercial 1,160 1,207 1,255 1,302 1,350 1,474 1,598 1,721 1,845 1,969 2,081 921 Office & Other Services 587 616 644 673 702 727 752 777 802 827 875 288 Institutional 454 459 464 469 475 481 488 494 501 508 515 61 Total 2,824 2,961 3,099 3,236 3,373 3,576 3,780 3,983 4,187 4,390 4,579 1,755 Apache Junction 10-Year Increase DRAFT Residential projections based on staff recommendation* Nonresidential projections based on MAG data* *Projections for Superstition Vistas from Auction Property Master Planned Community Plan (October 2021) 9 Library •Components •Library Facilities (incremental) •10-Year Demand •Library Facilities: 12,000 square feet, $7.2 million •Change since January 18 •LOS based on adjusted square feet •12,000 sq ft vs. 21,429 sq ft total •10,000 sq ft in Superstition Vistas •2,000 sq ft in remainder of service area DRAFT G:\Data\Workin g\zS cratc hWorks pa ce\S Collins\CityLimits _L etter.m xd T o n t o N a t i o n a l F o r e s t Apache Trl G o l d C a n y o n C o m m u n i t y £¤60 Ironwood Dr Idaho Rd C e n t r a l A ri z o n a P r o j e c t C a n a l Supe rstition Wilderness Area ¨x88 N A p a c h e T rl Old West Hwy Ma ricopa County Pinal Cou nty Ma ricopa Cou nty Pinal Cou nty Ellsworth Rd £¤60 Phoenix-Mesa Gateway Airport Q U E E N C R E E K M E S A ¨x24 vw202 LEGEND 0 10,000 20,000 Feet March 28, 2022 ±National Forest Wilderness Area Airport Boundary Other Municpal Boundaries Queen Creek Mesa Municipal Boundary Pinal County Island County Boundary Li b r a r y F a c i l i ti e s S e r v i c e A r e a A pa c h e J u n ct io n 10 Proposed Library Fees DRAFT Fee Component Cost per Person Cost per Job Library Facilities $231.82 $47.66 Development Fee Report $0.43 $0.11 Total $232.25 $47.77 Single Family 2.37 $550 $1,004 ($454) Multi-Family 1.86 $432 $979 ($547) Recreational Vehicle 1.83 $425 $760 ($335) Industrial 1.57 $0.07 $0.12 ($0.05) Commercial 2.12 $0.10 $0.17 ($0.07) Office & Other Services 3.26 $0.16 $0.22 ($0.06) Institutional 2.86 $0.14 $0.22 ($0.08) Lodging (per room)0.56 $27 N/A N/A Assisted Living (per bed)0.61 $29 N/A N/A 1. See Land Use Assumptions Residential Fees per Unit Difference Nonresidential Fees per Square Foot Development Type Jobs per 1,000 Sq Ft1 Proposed Fees Current Fees Difference Development Type Persons per Household1 Proposed Fees Current Fees 11 Parks and Recreational •Components •Park Amenities (incremental) •Trails (plan-based) •10-Year Demand •Park Amenities: 14 units, $3.0 million •Trails: 14.0 miles, $3.0 million •Growth Share: 3.5 miles, $740,000 •Non-Growth Share: 10.5 miles, $2.2 million •Change since January 18 •Community center LOS based on eligible square feet (3,000 sq ft vs. 40,000 sq ft total) •Removed community center due to limited demand from revised LOS DRAFT G:\Data \Work ing\zScratc hW orks pa ce\SCollins\City Limits_Letter.m xd T o n t o N a t i o n a l F o r e s t Apache Trl G o l d C a n y o n C o m m u n i t y £¤60 Ironwood Dr Idaho Rd C e n tr a l A ri z o n a P r o j e c t C a n a l Supe rstitio n Wilderness Area ¨x88 N A p a c h e T rl Old W est H wy Maricopa Cou nty Pinal Cou nty Marico pa Cou nty Pinal County Ellsworth Rd £¤60 Phoenix-Mesa Gateway Airport Q U E E N C R E E K M E S A ¨x24 vw202 P a r k s a n d R e c r e a t io n F a c i l i t i e s S e r v i c e A r e a LEGEND 0 10,000 20,000 Feet Marc h 28, 2022 ±National Forest Wilderness Area Airport Boundary Other Municpal Boundaries Queen Creek Mesa Municipal Boundary Pinal County Island County Boundary Auction Property Retained Property Ap a c he J un c t i on 12 Proposed Parks and Recreational Fees DRAFT Fee Component Cost per Person Cost per Job Park Amenities $569.26 $117.02 Trails $144.84 $22.93 Development Fee Report $6.33 $0.31 Total $720.43 $140.26 Single Family 2.37 $1,707 $1,168 $539 Multi-Family 1.86 $1,340 $1,138 $202 Recreational Vehicle 1.83 $1,318 $883 $435 Industrial 1.57 $0.22 $0.03 $0.19 Commercial 2.12 $0.30 $0.18 $0.12 Office & Other Services 3.26 $0.46 $0.23 $0.23 Institutional 2.86 $0.40 $0.23 $0.17 Lodging (per room)0.56 $79 N/A N/A Assisted Living (per bed)0.61 $86 N/A N/A 1. See Land Use Assumptions Development Type Jobs per 1,000 Sq Ft1 Proposed Fees Residential Fees per Unit Nonresidential Fees per Square Foot Development Type Persons per Household1 Proposed Fees Current Fees Difference Current Fees Difference 13 Police •Components •Police Facilities (plan-based) •Police Vehicles (incremental) •Communication Equipment (incremental) •10-Year Demand •Police Facilities: 51,500 square feet, $28.35 million •Growth Share: 26,257 square feet, $14.44 million •Non-Growth Share: 25,243 square feet, $13.88 million •Police Vehicles: 55 units, $4.1 million •Communication Equipment: 117 units, $1.1 million •Change since January 18 •No change DRAFT G:\Data \Working\zScratchWorks pa ce\SCollin s\City Limits_Letter.mxd To n t o N a t i o n a l F o r e s t Apache Trl G o l d C a n y o n C o m m u n i t y £¤60 Ironwood Dr Idaho Rd C e n t r a l A ri z o n a P r o j e c t C a n a l Supe rstition Wilderne ss Area ¨x88 N A p a c h e T rl Old West H wy Ma ricopa Count y Pinal Count y Maricopa County Pinal County Ellsworth Rd £¤60 Phoenix-Mesa Gateway Airport Q U E E N C R E E K M E S A ¨x24 vw202 LEGEND 0 10,000 20,000 Feet Marc h 28, 2022 ±National Forest Wilderness Area Airport Boundary Other Municpal Boundaries Queen Creek Mesa Municipal Boundary Pinal County Island County Boundary P o l i c e F a c i li ti e s S e r v i c e A r e a A pa c he J u n ct ion 14 Proposed Police Fees DRAFT Fee Component Cost per Person Cost per Trip Police Facilities $381.06 $204.55 Police Vehicles $107.65 $58.10 Communication Equipment $29.28 $15.80 Development Fee Report $0.60 $0.37 Total $518.59 $278.82 Single Family 2.37 $1,229 $609 $620 Multi-Family 1.86 $965 $594 $371 Recreational Vehicle 1.83 $949 $461 $488 Industrial 2.44 $0.68 $0.27 $0.41 Commercial 12.21 $3.40 $1.37 $2.03 Office & Other Services 5.42 $1.51 $0.53 $0.98 Institutional 3.55 $0.99 $0.53 $0.46 Lodging (per room)4.00 $1,115 N/A N/A Assisted Living (per bed)1.30 $362 N/A N/A 1. See Land Use Assumptions Proposed FeesDevelopment Type Avg Weekday Vehicle Trips1 Current Fees Development Type Persons per Household1 Proposed Fees Residential Fees per Unit Nonresidential Fees per Square Foot Difference Difference Current Fees 15 Street •Components •Arterial Improvements (incremental) •10-Year Demand •Arterial Improvements: 4.7 lane miles, $8.9 million •Change since January 18 •Removed ROW costs •Removed bike lane costs •Cost per lane mile is $1.9 million ($2.0 million in January) DRAFT G:\Data \Working\zScratchWorks pace\SCollins\CityLimits _L etter.m xd T o n t o N a t i o n a l F o r e s t Apache Trl G o l d C a n y o n C o m m u n i t y £¤60 Ironwood Dr Idaho Rd C e n tr a l A ri z o n a P r o j e c t C a n a l Superstition Wilderne ss Area ¨x88 N A p a c h e T rl Old W est Hwy Maricopa Cou nty Pin al County Maricopa County Pinal County Ellsworth Rd £¤60 Phoenix-Mesa Gateway Airport Q U E E N C R E E K M E S A ¨x24 vw202 LEGEND 0 10,000 20,000 Feet March 28, 2022 ±National Forest Wilderness Area Airport Boundary Other Municpal Boundaries Queen Creek Mesa Municipal Boundary Pinal County Island County Boundary Auction Property S t r e e t F a c i l i t i e s S e r v i c e A r e a Retained Property A p a c he Ju n ct i on 16 Proposed Street Fees DRAFT Fee Component Cost per VMT Arterial Improvements $293.28 Development Fee Report $1.23 Total $294.51 Avg Wkdy VMT per Unit1 Single Family 11.04 $3,250 $3,151 $99 Multi-Family 6.04 $1,779 $2,117 ($338) Recreational Vehicle 6.04 $1,779 $2,117 ($338) Avg Wkdy VMT per 1,000 Sq Ft1 Industrial 3.12 $0.92 $1.19 ($0.27) Commercial 16.04 $4.72 $6.14 ($1.42) Office & Other Services 6.94 $2.04 $2.34 ($0.30) Institutional 4.55 $1.34 $2.34 ($1.00) Lodging (per room)5.25 $1,545 N/A N/A Assisted Living (per bed)1.66 $490 N/A N/A 1. See Land Use Assumptions Current Fees DifferenceDevelopment Type Proposed Fees Development Type Proposed Fees Residential Fees per Unit Nonresidential Fees per Square Foot Current Fees Difference 17 Fee Summary DRAFT Single Family $550 $1,707 $1,229 $3,250 $6,736 $5,932 $804 Multi-Family $432 $1,340 $965 $1,779 $4,516 $4,827 ($311) Recreational Vehicle $425 $1,318 $949 $1,779 $4,471 $4,220 $251 Industrial $0.07 $0.22 $0.68 $0.92 $1.89 $1.61 $0.28 Commercial $0.10 $0.30 $3.40 $4.72 $8.52 $7.86 $0.66 Office & Other Services $0.16 $0.46 $1.51 $2.04 $4.17 $3.32 $0.85 Institutional $0.14 $0.40 $0.99 $1.34 $2.87 $3.32 ($0.45) Lodging (per room)$27 $79 $1,115 $1,545 $2,766 N/A N/A Assisted Living (per bed)$29 $86 $362 $490 $967 N/A N/A Current Fees Difference Current Fees Difference Nonresidential Fees per Square Foot Development Type Library Parks & Recreational Police Street Proposed Fees Development Type Library Parks & Recreational Police Street Proposed Fees Residential Fees per Unit 18 Adoption Timeline •Aug 25, 2021:Kick-Off Meeting •Jan 18: Stakeholder Meeting #1 •Jan 18:City Council Meeting •Feb 3: LUA & IIP -Advertise (60 days) •Apr 5: Stakeholder Meeting #2 •Apr 5: LUA & IIP -Public Hearing (30 days) •May 17:LUA & IIP -Adoption •May 19: Development Fees -Advertise (30 days) •July 5: Development Fees -Public Hearing (30 days) •Aug 16: Development Fees -Adoption (75 days) •Oct 31: Development Fees -Effective DRAFT DRAFT Land Use Assumptions, Infrastructure Improvements Plan, and Development Fee Report Prepared for: Apache Junction, Arizona March 30, 2022 4701 Sangamore Road Suite S240 Bethesda, MD 20816 301.320.6900 www.TischlerBise.com DRAFT Land Use Assumptions, Infrastructure Improvements Plan, and Development Fee Report Apache Junction, Arizona [PAGE INTENTIONALLY LEFT BLANK] DRAFT Land Use Assumptions, Infrastructure Improvements Plan, and Development Fee Report Apache Junction, Arizona i TABLE OF CONTENTS EXECUTIVE SUMMARY ................................................................................................................................ 1 ARIZONA DEVELOPMENT FEE ENABLING LEGISLATION ........................................................................ 1 Necessary Public Services ......................................................................................................................................................... 1 Infrastructure Improvements Plan ....................................................................................................................................... 2 Qualified Professionals .............................................................................................................................................................. 2 Conceptual Development Fee Calculation ......................................................................................................................... 3 Evaluation of Credits/Offsets .................................................................................................................................................. 3 INTRODUCTION TO DEVELOPMENT FEES ............................................................................................... 3 REQUIRED FINDINGS .............................................................................................................................. 4 DEVELOPMENT FEE REPORT ...................................................................................................................... 5 DEVELOPMENT FEE COMPONENTS ......................................................................................................... 6 PROPOSED DEVELOPMENT FEES ............................................................................................................ 7 CURRENT DEVELOPMENT FEES .............................................................................................................. 8 DIFFERENCE BETWEEN PROPOSED AND CURRENT DEVELOPMENT FEES ............................................. 8 LIBRARY FACILITIES ................................................................................................................................... 9 METHODOLOGY ...................................................................................................................................... 9 PROPORTIONATE SHARE ........................................................................................................................ 9 SERVICE AREA ..................................................................................................................................... 10 RATIO OF SERVICE UNIT TO DEVELOPMENT UNIT ............................................................................. 11 ANALYSIS OF CAPACITY, USAGE, AND COSTS OF EXISTING PUBLIC SERVICES .................................... 11 Library Facilities – Incremental Expansion .................................................................................................................... 12 Development Fee Report – Plan-Based ............................................................................................................................. 14 PROJECTED DEMAND FOR SERVICES AND COSTS ................................................................................ 14 Library Facilities – Incremental Expansion .................................................................................................................... 15 LIBRARY FACILITIES DEVELOPMENT FEES ......................................................................................... 16 Revenue Credit/Offset .............................................................................................................................................................. 16 Library Facilities Development Fees .................................................................................................................................. 16 LIBRARY FACILITIES DEVELOPMENT FEE REVENUE ........................................................................... 17 PARKS AND RECREATIONAL FACILITIES IIP ........................................................................................... 18 Proportionate Share .................................................................................................................................................................. 18 Service Area .................................................................................................................................................................................. 19 RATIO OF SERVICE UNIT TO DEVELOPMENT UNIT ............................................................................. 20 ANALYSIS OF CAPACITY, USAGE, AND COSTS OF EXISTING PUBLIC SERVICES .................................... 20 Park Amenities – Incremental Expansion ........................................................................................................................ 21 Trails – Plan-Based .................................................................................................................................................................... 23 Development Fee Report – Plan-Based ............................................................................................................................. 24 PROJECTED DEMAND FOR SERVICES AND COSTS ................................................................................ 24 Park Amenities – Incremental Expansion ........................................................................................................................ 25 Trails – Incremental Expansion ........................................................................................................................................... 26 PARKS AND RECREATIONAL FACILITIES DEVELOPMENT FEES ........................................................... 27 Revenue Credit/Offset .............................................................................................................................................................. 27 Parks and Recreational Facilities Development Fees ................................................................................................. 27 PARKS AND RECREATIONAL FACILITIES DEVELOPMENT FEE REVENUE ............................................ 28 POLICE FACILITIES IIP ............................................................................................................................ 29 DRAFT Land Use Assumptions, Infrastructure Improvements Plan, and Development Fee Report Apache Junction, Arizona ii Proportionate Share .................................................................................................................................................................. 30 Service Area .................................................................................................................................................................................. 31 RATIO OF SERVICE UNIT TO DEVELOPMENT UNIT ............................................................................. 32 ANALYSIS OF CAPACITY, USAGE, AND COSTS OF EXISTING PUBLIC SERVICES .................................... 32 Police Facilities – Plan-Based ................................................................................................................................................ 33 Police Vehicles – Incremental Expansion ......................................................................................................................... 34 Communication Equipment – Incremental Expansion .............................................................................................. 35 Development Fee Report – Plan-Based ............................................................................................................................. 36 PROJECTED DEMAND FOR SERVICES AND COSTS ................................................................................ 36 Police Facilities – Plan-Based ................................................................................................................................................ 37 Police Vehicles – Incremental Expansion ......................................................................................................................... 38 Communication Equipment – Incremental Expansion .............................................................................................. 39 POLICE FACILITIES DEVELOPMENT FEES ............................................................................................ 40 Revenue Credit/Offset .............................................................................................................................................................. 40 Police Facilities Development Fees ..................................................................................................................................... 40 POLICE FACILITIES DEVELOPMENT FEE REVENUE ............................................................................. 41 STREET FACILITIES IIP ............................................................................................................................ 42 Proportionate Share .................................................................................................................................................................. 42 Service Area .................................................................................................................................................................................. 43 RATIO OF SERVICE UNIT TO DEVELOPMENT UNIT ............................................................................. 44 Residential Trip Generation Rates ...................................................................................................................................... 44 Nonresidential Trip Generation Rates .............................................................................................................................. 45 Trip Rate Adjustments ............................................................................................................................................................. 46 Commuter Trip Adjustment ................................................................................................................................................... 46 Adjustment for Pass-By Trips ............................................................................................................................................... 46 Average Weekday Vehicle Trips .......................................................................................................................................... 47 National Average Trip Length ............................................................................................................................................... 47 Expected Vehicle Miles Traveled ......................................................................................................................................... 48 Local Adjustment Factor ......................................................................................................................................................... 48 Local Trip Lengths ...................................................................................................................................................................... 49 Local Vehicle Miles Traveled ................................................................................................................................................. 49 ANALYSIS OF CAPACITY, USAGE, AND COSTS OF EXISTING PUBLIC SERVICES .................................... 50 Arterial Improvements – Incremental Expansion ........................................................................................................ 51 Development Fee Report – Plan-Based ............................................................................................................................. 52 PROJECTED DEMAND FOR SERVICES AND COSTS ................................................................................ 53 STREET FACILITIES DEVELOPMENT FEES ........................................................................................... 54 Revenue Credit/Offset .............................................................................................................................................................. 54 Street Facilities Development Fees ..................................................................................................................................... 54 STREET FACILITIES DEVELOPMENT FEE REVENUE ............................................................................. 55 APPENDIX A: FORECAST OF REVENUES OTHER THAN FEES ................................................................... 56 REVENUE PROJECTIONS ....................................................................................................................... 56 APPENDIX B: PROFESSIONAL SERVICES .................................................................................................. 57 APPENDIX C: LAND USE DEFINITIONS .................................................................................................... 58 RESIDENTIAL DEVELOPMENT .............................................................................................................. 58 NONRESIDENTIAL DEVELOPMENT ....................................................................................................... 59 APPENDIX D: LAND USE ASSUMPTIONS .................................................................................................. 60 SUMMARY OF GROWTH INDICATORS .................................................................................................. 60 RESIDENTIAL DEVELOPMENT .............................................................................................................. 63 Recent Residential Construction ......................................................................................................................................... 63 Occupancy Factors ..................................................................................................................................................................... 64 DRAFT Land Use Assumptions, Infrastructure Improvements Plan, and Development Fee Report Apache Junction, Arizona iii Residential Estimates ............................................................................................................................................................... 65 Residential Projections ............................................................................................................................................................ 65 NONRESIDENTIAL DEVELOPMENT ....................................................................................................... 67 Nonresidential Square Footage Estimates ...................................................................................................................... 67 Nonresidential Estimates ........................................................................................................................................................ 68 Nonresidential Projections ..................................................................................................................................................... 68 AVERAGE WEEKDAY VEHICLE TRIPS .................................................................................................. 71 Residential Trip Generation Rates ...................................................................................................................................... 71 Nonresidential Trip Generation Rates .............................................................................................................................. 72 Trip Rate Adjustments ............................................................................................................................................................. 73 Commuter Trip Adjustment ................................................................................................................................................... 73 Adjustment for Pass-By Trips ............................................................................................................................................... 73 Average Weekday Vehicle Trips .......................................................................................................................................... 74 DEVELOPMENT PROJECTIONS ............................................................................................................. 75 Outside of Auction Property .................................................................................................................................................. 76 Auction Property ........................................................................................................................................................................ 77 Average Weekday Vehicle Trips .......................................................................................................................................... 78 APPENDIX E: STREET INVENTORY ........................................................................................................... 79 DRAFT Land Use Assumptions, Infrastructure Improvements Plan, and Development Fee Report Apache Junction, Arizona iv [PAGE INTENTIONALLY LEFT BLANK] DRAFT Land Use Assumptions, Infrastructure Improvements Plan, and Development Fee Report Apache Junction, Arizona 1 EXECUTIVE SUMMARY The City of Apache Junction, Arizona, contracted with TischlerBise to document land use assumptions, prepare the Infrastructure Improvements Plan (hereinafter referred to as the “IIP”), and update development fees pursuant to Arizona Revised Statutes (“ARS”) § 9-436.05 (hereafter referred to as the “Enabling Legislation”). Municipalities in Arizona may assess development fees to offset infrastructure costs to a municipality for necessary public services. The development fees must be based on an Infrastructure Improvements Plan and Land Use Assumptions. The IIP for each type of infrastructure is in the middle section of this document. The proposed development fees are displayed in the Development Fee Report in the next section. Development fees are one-time payments used to construct system improvements needed to accommodate new development. The fee represents future development’s proportionate share of infrastructure costs. Development fees may be used for infrastructure improvements or debt service for growth related infrastructure. In contrast to general taxes, development fees may not be used for operations, maintenance, replacement, or correcting existing deficiencies. This update of Apache Junction’s Infrastructure Improvements Plan and associated update to its development fees includes the following necessary public services: 1. Library Facilities 2. Parks and Recreational Facilities 3. Police Facilities 4. Street Facilities This plan includes all necessary elements required to be in full compliance with SB 1525. ARIZONA DEVELOPMENT FEE ENABLING LEGISLATION The Enabling Legislation governs how development fees are calculated for municipalities in Arizona. Necessary Public Services Under the requirements of the Enabling Legislation, development fees may only be used for construction, acquisition or expansion of public facilities that are necessary public services. “Necessary public service” means any of the following categories of facilities that have a life expectancy of three or more years and that are owned and operated on behalf of the municipality: water, wastewater, storm water, library, street, fire, police, and parks and recreational. Additionally, a necessary public service includes any facility that was financed before June 1, 2011, and that meets the following requirements: 1. Development fees were pledged to repay debt service obligations related to the construction of the facility. 2. After August 1, 2014, any development fees collected are used solely for the payment of principal and interest on the portion of the bonds, notes, or other debt service obligations issued before June 1, 2011, to finance construction of the facility. DRAFT Land Use Assumptions, Infrastructure Improvements Plan, and Development Fee Report Apache Junction, Arizona 2 Infrastructure Improvements Plan Development fees must be calculated pursuant to an IIP. For each necessary public service that is the subject of a development fee, by law, the IIP shall include the following seven elements: 1. A description of the existing necessary public services in the service area and the costs to update, improve, expand, correct or replace those necessary public services to meet existing needs and usage and stricter safety, efficiency, environmental or regulatory standards, which shall be prepared by qualified professionals licensed in this state, as applicable. 2. An analysis of the total capacity, the level of current usage and commitments for usage of capacity of the existing necessary public services, which shall be prepared by qualified professionals licensed in this state, as applicable. 3. A description of all or the parts of the necessary public services or facility expansions and their costs necessitated by and attributable to development in the service area based on the approved Land Use Assumptions, including a forecast of the costs of infrastructure, improvements, real property, financing, engineering and architectural services, which shall be prepared by qualified professionals licensed in this state, as applicable. 4. A table establishing the specific level or quantity of use, consumption, generation or discharge of a service unit for each category of necessary public services or facility expansions and an equivalency or conversion table establishing the ratio of a service unit to various types of land uses, including residential, commercial, and industrial. 5. The total number of projected service units necessitated by and attributable to new development in the service area based on the approved Land Use Assumptions and calculated pursuant to generally accepted engineering and planning criteria. 6. The projected demand for necessary public services or facility expansions required by new service units for a period not to exceed ten years. 7. A forecast of revenues generated by new service units other than development fees, which shall include estimated state-shared revenue, highway users revenue, federal revenue, ad valorem property taxes, construction contracting or similar excise taxes and the capital recovery portion of utility fees attributable to development based on the approved Land Use Assumptions and a plan to include these contributions in determining the extent of the burden imposed by the development. Qualified Professionals The IIP must be developed by qualified professionals using generally accepted engineering and planning practices. A qualified professional is defined as “a professional engineer, surveyor, financial analyst or planner providing services within the scope of the person’s license, education, or experience.” TischlerBise is a fiscal, economic, and planning consulting firm specializing in the cost of growth services. Our services include development fees, fiscal impact analysis, infrastructure financing analyses, user fee/cost of service studies, capital improvement plans, and fiscal software. TischlerBise has prepared over 800 development fee studies over the past 30 years for local governments across the United States. DRAFT Land Use Assumptions, Infrastructure Improvements Plan, and Development Fee Report Apache Junction, Arizona 3 Conceptual Development Fee Calculation In contrast to project-level improvements, development fees fund growth-related infrastructure that will benefit multiple development projects, or the entire service area (usually referred to as system improvements). The first step is to determine an appropriate demand indicator for the particular type of infrastructure. The demand indicator measures the number of service units for each unit of development. For example, an appropriate indicator of the demand for parks is population growth and the increase in population can be estimated from the average number of persons per housing unit. The second step in the development fee formula is to determine infrastructure improvement units per service unit, typically called level-of-service (LOS) standards. In keeping with the park example, a common LOS standard is improved park acres per thousand people. The third step in the development fee formula is the cost of various infrastructure units. To complete the park example, this part of the formula would establish a cost per acre for land acquisition and/ or park amenities. Evaluation of Credits/Offsets Regardless of the methodology, a consideration of credits/offsets is integral to the development of a legally defensible development fee. There are two types of credits/offsets that should be addressed in development fee studies and ordinances. The first is a revenue credit/offset due to possible double payment situations, which could occur when other revenues may contribute to the capital costs of infrastructure covered by the development fee. This type of credit/offset is integrated into the fee calculation, thus reducing the fee amount. The second is a site-specific credit or developer reimbursement for dedication of land or construction of system improvements. This type of credit is addressed in the administration and implementation of the development fee program. For ease of administration, TischlerBise normally recommends developer reimbursements for system improvements. INTRODUCTION TO DEVELOPMENT FEES Development fees are one-time payments used to fund capital improvements necessitated by future development. Development fees have been utilized by local governments in various forms for at least fifty years. Development fees do have limitations and should not be regarded as the total solution for infrastructure financing needs. Rather, they should be considered one component of a comprehensive portfolio to ensure adequate provision of public facilities with the goal of maintaining current levels of service in a community. Any community considering facility fees should note the following limitations: 1) Fees can only be used to finance capital infrastructure and cannot be used to finance ongoing operations and / or maintenance and rehabilitation costs. 2) Fees cannot be deposited in the General Fund. The funds must be accounted for separately in individual accounts and earmarked for the capital expenses for which they were collected. 3) Fees cannot be used to correct existing infrastructure deficiencies unless there is a funding plan in place to correct the deficiency for all current residents and businesses in the community. DRAFT Land Use Assumptions, Infrastructure Improvements Plan, and Development Fee Report Apache Junction, Arizona 4 REQUIRED FINDINGS There are three reasonable relationship requirements for development fees that are closely related to “rational nexus” or “reasonable relationship” requirements enunciated by a number of state courts. Although the term “dual rational nexus” is often used to characterize the standard by which courts evaluate the validity of development fees under the U. S. Constitution, we prefer a more rigorous formulation that recognizes three elements: “impact or need,” “benefit,” and “proportionality.” The dual rational nexus test explicitly addresses only the first two, although proportionality is reasonably implied, and was specifically mentioned by the U.S. Supreme Court in the Dolan case. The reasonable relationship language of the statute is considered less strict than the rational nexus standard used by many courts. Individual elements of the nexus standard are discussed further in the following paragraphs. Demonstrating an Impact. All future development in a community creates additional demands on some, or all, public facilities provided by local government. If the supply of facilities is not increased to satisfy that additional demand, the quality or availability of public services for the entire community will deteriorate. Development fees may be used to recover the cost of development-related facilities, but only to the extent that the need for facilities is a consequence of development that is subject to the fees. The Nollan decision reinforced the principle that development exactions may be used only to mitigate conditions created by the developments upon which they are imposed. That principle clearly applies to development fees. In this study, the impact of development on improvement needs is analyzed in terms of quantifiable relationships between various types of development and the demand for specific facilities, based on applicable level-of-service standards. Demonstrating a Benefit. A sufficient benefit relationship requires that development fee revenues be segregated from other funds and expended only on the facilities for which the fees were charged. Fees must be expended in a timely manner and the facilities funded by the fees must serve the development paying the fees. However, nothing in the U.S. Constitution or the State enabling Act authorizing development fees requires that facilities funded with fee revenues be available exclusively to development paying the fees. In other words, existing development may benefit from these improvements as well. Procedures for the earmarking and expenditure of fee revenues are typically mandated by the State Enabling Legislation, as are procedures to ensure that the fees are expended expeditiously or refunded. All requirements are intended to ensure that developments benefit from the fees they are required to pay. Thus, an adequate showing of benefit must address procedural as well as substantive issues. Demonstrating Proportionality. The requirement that exactions be proportional to the impacts of development was clearly stated by the U.S. Supreme Court in the Dolan case (although the relevance of that decision to development fees has been debated) and is logically necessary to establish a proper nexus. Proportionality is established through the procedures used to identify development-related facility costs, and in the methods used to calculate development fees for various types of facilities and categories of development. The demand for facilities is measured in terms of relevant and measurable attributes of development. DRAFT Land Use Assumptions, Infrastructure Improvements Plan, and Development Fee Report Apache Junction, Arizona 5 DEVELOPMENT FEE REPORT Development fees for the necessary public services made necessary by new development must be based on the same level of service (LOS) provided to existing development in the service area. There are three basic methodologies used to calculate development fees. They examine the past, present, and future status of infrastructure. The objective of evaluating these different methodologies is to determine the best measure of the demand created by new development for additional infrastructure capacity. Each methodology has advantages and disadvantages in a particular situation and can be used simultaneously for different cost components. Reduced to its simplest terms, the process of calculating development fees involves two main steps: (1) determining the cost of development-related capital improvements and (2) allocating those costs equitably to various types of development. In practice, though, the calculation of development fees can become quite complicated because of the many variables involved in defining the relationship between development and the need for facilities within the designated service area. The following paragraphs discuss basic methodologies for calculating development fees and how those methodologies can be applied. • Cost Recovery (past improvements) - The rationale for recoupment, often called cost recovery, is that new development is paying for its share of the useful life and remaining capacity of facilities already built, or land already purchased, from which new growth will benefit. This methodology is often used for utility systems that must provide adequate capacity before new development can take place. • Incremental Expansion (concurrent improvements) - The incremental expansion methodology documents current LOS standards for each type of public facility, using both quantitative and qualitative measures. This approach assumes there are no existing infrastructure deficiencies or surplus capacity in infrastructure. New development is only paying its proportionate share for growth-related infrastructure. Revenue will be used to expand or provide additional facilities, as needed, to accommodate new development. An incremental expansion cost method is best suited for public facilities that will be expanded in regular increments to keep pace with development. • Plan-Based (future improvements) - The plan-based methodology allocates costs for a specified set of improvements to a specified amount of development. Improvements are typically identified in a long-range facility plan and development potential is identified by a land use plan. There are two basic options for determining the cost per demand unit: (1) total cost of a public facility can be divided by total demand units (average cost), or (2) the growth-share of the public facility cost can be divided by the net increase in demand units over the planning timeframe (marginal cost). DRAFT Land Use Assumptions, Infrastructure Improvements Plan, and Development Fee Report Apache Junction, Arizona 6 DEVELOPMENT FEE COMPONENTS Shown below, Figure 1 summarizes service areas, methodologies, and infrastructure cost components for the proposed fees. Figure 1: Proposed Development Fee Service Areas, Methodologies, and Cost Components Calculations throughout this report are based on an analysis conducted using Excel software. Most results are discussed in the report using two, three, and four decimal places, which represent rounded figures. However, the analysis itself uses figures carried to their ultimate decimal places; therefore, the sums and products generated in the analysis may not equal the sum or product if the reader replicates the calculation with the factors shown in the report (due to the rounding of figures shown, not in the analysis). Necessary Public Service Service Area Cost Recovery Incremental Expansion Plan-Based Cost Allocation Library Library Facilities Service Area N/A Library Facilities Development Fee Report Population, Jobs Parks and Recreational Parks and Recreational Facilities Service Area N/A Park Amenities Trails, Development Fee Report Population, Jobs Police Police Facilities Service Area N/A Police Vehicles, Communication Equipment Police Facilities, Development Fee Report Population, Vehicle Trips Street Street Facilities Service Area N/A Arterial Improvements Development Fee Report VMT DRAFT Land Use Assumptions, Infrastructure Improvements Plan, and Development Fee Report Apache Junction, Arizona 7 PROPOSED DEVELOPMENT FEES Development fees for residential development will be assessed per dwelling unit, based on the type of unit. Nonresidential development fees will be assessed per square foot of floor area, based on the development type. The fee schedule includes three new nonresidential categories. Institutional was previously included in office and other services, lodging (assessed per room) was previously included in commercial, and assisted living (assessed per bed) was included in office and other services. The proposed fees represent the maximum allowable fees. Apache Junction may adopt fees that are less than the amounts shown; however, a reduction in development fee revenue will necessitate an increase in other revenues, a decrease in planned capital improvements, and/or a decrease in level-of-service standards. All costs in the Development Fee Report represent current dollars with no assumed inflation over time. If costs change significantly over time, development fees should be recalculated. Figure 2: Proposed Development Fees Single Family $550 $1,707 $1,229 $3,250 $6,736 Multi-Family $432 $1,340 $965 $1,779 $4,516 Recreational Vehicle $425 $1,318 $949 $1,779 $4,471 Industrial $0.07 $0.22 $0.68 $0.92 $1.89 Commercial $0.10 $0.30 $3.40 $4.72 $8.52 Office & Other Services $0.16 $0.46 $1.51 $2.04 $4.17 Institutional $0.14 $0.40 $0.99 $1.34 $2.87 Lodging (per room)$27 $79 $1,115 $1,545 $2,766 Assisted Living (per bed)$29 $86 $362 $490 $967 Total Residential Fees per Unit Nonresidential Fees per Square Foot Library Parks & Recreational Police Street Total Development Type Development Type Library Parks & Recreational Police Street DRAFT Land Use Assumptions, Infrastructure Improvements Plan, and Development Fee Report Apache Junction, Arizona 8 CURRENT DEVELOPMENT FEES Current development fees for residential development are assessed per dwelling unit, based on the type of unit. Current development fees for nonresidential development are assessed per square foot of floor area, based on the type of development. Figure 3: Current Development Fees DIFFERENCE BETWEEN PROPOSED AND CURRENT DEVELOPMENT FEES The differences between the proposed and current development fees are displayed below in Figure 4. Figure 4: Difference Between Proposed and Current Development Fees Single Family $1,004 $1,168 $609 $3,151 $5,932 Multi-Family $979 $1,138 $594 $2,117 $4,827 Recreational Vehicle $760 $883 $461 $2,117 $4,220 Industrial $0.12 $0.03 $0.27 $1.19 $1.61 Commercial / Retail $0.17 $0.18 $1.37 $6.14 $7.86 Office & Other Services $0.22 $0.23 $0.53 $2.34 $3.32 Nonresidential Fees per Square Foot Development Type Library Parks & Recreational Police Street Total Total Residential Fees per Unit Development Type Library Parks & Recreational Police Street Single Family ($454)$539 $620 $99 $804 Multi-Family ($547)$202 $371 ($338)($311) Recreational Vehicle ($335)$435 $488 ($338)$251 Industrial ($0.05)$0.19 $0.41 ($0.27)$0.28 Commercial / Retail ($0.07)$0.12 $2.03 ($1.42)$0.66 Office & Other Services ($0.06)$0.23 $0.98 ($0.30)$0.85 Institutional ($0.08)$0.17 $0.46 ($1.00)($0.45) Lodging (per room)N/A N/A N/A N/A N/A Assisted Living (per bed)N/A N/A N/A N/A N/A Nonresidential Fees per Square Foot Development Type Library Parks & Recreational Police Street Total Residential Fees per Unit Development Type Library Parks & Recreational Police Street Total DRAFT Land Use Assumptions, Infrastructure Improvements Plan, and Development Fee Report Apache Junction, Arizona 9 LIBRARY FACILITIES ARS § 9-463.05 (T)(7)(d) defines the facilities and assets that can be included in the Library Facilities IIP: “library facilities of up to ten thousand square feet that provide a direct benefit to development, not including equipment, vehicles or appurtenances.” METHODOLOGY The library facilities IIP includes components for library facilities and the cost of preparing the library facilities IIP and related development fee report. The incremental expansion methodology is used for library facilities, and the plan-based methodology is used for the development fee report. PROPORTIONATE SHARE ARS § 9-463.05 (B)(3) states that the development fee shall not exceed a proportionate share of the cost of necessary public services needed to accommodate new development. The library facilities IIP and development fees allocate the cost of necessary public services between residential and nonresidential based on functional population. The Arizona Office of Economic Opportunity estimates Apache Junction’s 2018 population equal to 40,611 persons. Based on 2018 estimates from the U.S. Census Bureau’s OnTheMap web application, 6,333 inflow commuters traveled to Apache Junction for work in 2018. The proportionate share is based on cumulative impact hours per year with a resident potentially impacting library facilities 8,170 hours per year and an inflow commuter potentially impacting library facilities 1,600 hours per year. For library facilities, residential development generates 97 percent of demand and nonresidential development generates the remaining three percent of demand. Figure L1: Proportionate Share The proportionate share of costs attributable to residential development will be allocated to population and then converted to an appropriate amount by type of housing unit. Since nonresidential data were unavailable by specific nonresidential use, TischlerBise recommends using employment density as the best demand indicator for nonresidential demand for library services. Employment density is highest for office development and lowest for industrial development. Commercial development, such as a shopping center, and institutional development fall between the other two categories. This ranking of employment densities is consistent with the relative demand for library services from nonresidential development. Residential 40,611 residents 1 8,760 355,752,360 97% Nonresidential 6,333 inflow commuters 2 1,600 10,132,800 3% 365,885,160 100% 1. Arizona Office of Economic Opportunity, 2018 2. U.S. Census Bureau, OnTheMap Application and LEHD Origin-Destination Employment Statistics, Version 6.8, 2018 Residential Impact: 24 hours per day X 365 days per year Nonresidential Impact: 8 hours per day X 4 days per week X 50 weeks per year Proportionate Share Total Development Type Service Unit Impact Hours per Year Cumulative Impact Hours per Year DRAFT Land Use Assumptions, Infrastructure Improvements Plan, and Development Fee Report Apache Junction, Arizona 10 SERVICE AREA Apache Junction provides library access within the city limits; therefore, there is a single service area for the library facilities IIP. Figure L2: Library Facilities Service Area G:\Da ta \Working\zScratc hW orks pace \SC o llins\City Limits _L etter.m xd T o n t o N a t i o n a l F o r e s t Apache Trl G o l d C a n y o n C o m m u n i t y £¤60 Ironwood Dr Idaho Rd C e n t r a l A ri z o n a P r o j e c t C a n a l Supe rs titio n Wilderne ss Area ¨x88 N A p a c h e T rl Old W est H wy Marico pa C ou nt y Pi n al C ou nt y Ma ricopa C ounty Pin al County Ellsworth Rd £¤60 Phoenix-Mesa Gateway Airport Q U E E N C R E E K M E S A ¨x24 vw202 LEGEND 0 10,000 20,000 Feet Marc h 28 , 20 22 ±National Forest Wilderness Area Airport Boundary Other Municpal Boundaries Queen Creek Mesa Municipal Boundary Pinal County Island County Boundary L i b r a r y F a c i l i t i e s S e r v i c e A r e a A p a c h e Ju n c t i o n DRAFT Land Use Assumptions, Infrastructure Improvements Plan, and Development Fee Report Apache Junction, Arizona 11 RATIO OF SERVICE UNIT TO DEVELOPMENT UNIT ARS § 9-463.05(E)(4) requires: “A table establishing the specific level or quantity of use, consumption, generation or discharge of a service unit for each category of necessary public services or facility expansions and an equivalency or conversion table establishing the ratio of a service unit to various types of land uses, including residential, commercial and industrial.” Figure L3 displays the demand indicators for residential and nonresidential land uses. For residential development, the table displays the number of persons per household. For nonresidential development, the table displays the number of jobs per thousand square feet of floor area. Figure L3: Ratio of Service Unit to Development Unit ANALYSIS OF CAPACITY, USAGE, AND COSTS OF EXISTING PUBLIC SERVICES ARS § 9-463.05(E)(1) requires: “A description of the existing necessary public services in the service area and the costs to upgrade, update, improve, expand, correct or replace those necessary public services to meet existing needs and usage and stricter safety, efficiency, environmental or regulatory standards, which shall be prepared by qualified professionals licensed in this state, as applicable.” ARS § 9-463.05(E)(2) requires: “An analysis of the total capacity, the level of current usage and commitments for usage of capacity of the existing necessary public services, which shall be prepared by qualified professionals licensed in this state, as applicable.” Single Family 2.37 Multi-Family 1.86 Recreational Vehicle 1.83 Industrial 1.57 Commercial 2.12 Office & Other Services 3.26 Institutional 2.86 Lodging (per room)0.56 Assisted Living (per bed)0.61 1. See Land Use Assumptions Residential Development Nonresidential Development Development Type Jobs per 1,000 Sq Ft1 Development Type Persons per Household1 DRAFT Land Use Assumptions, Infrastructure Improvements Plan, and Development Fee Report Apache Junction, Arizona 12 Library Facilities – Incremental Expansion Existing Level of Service Apache Junction currently provides 31,444 square feet of library facilities, and Apache Junction plans to construct additional library facilities to serve future development. To allocate the proportionate share of demand for library facilities to residential and nonresidential development, this analysis uses proportionate share shown in Figure L1. Apache Junction’s existing level of service for residential development is 0.6900 square feet per person (31,444 square feet X 97 percent residential share / 44,205 persons). The nonresidential level of service is 0.1418 square feet per job (31,444 square feet X three percent nonresidential share / 6,651 jobs). Figure L4: Existing Level of Service If Apache Junction maintains its existing level of service over the next 10 years, future development will demand 21,429 square feet of library facilities. The Enabling Legislation limits library facilities to “ten thousand square feet that provide a direct benefit to development.” To comply with the Enabling Legislation, Apache Junction will maintain a lower, adjusted level of service as discussed on the next page. Figure L5: Projected Demand Existing Square Feet 31,444 Residential Share 97% 2021 Peak Population 44,205 Square Feet per Person 0.6900 Nonresidential Share 3% 2021 Jobs 6,651 Square Feet per Job 0.1418 Source: Apache Junction Public Library Level-of-Service (LOS) Standards Nonresidential Residential Residential Nonresidential Total 2021 44,205 6,651 30,500.7 943.3 31,444.0 2022 44,667 6,947 30,819.3 985.4 31,804.7 2023 47,334 7,244 32,659.8 1,027.5 33,687.2 2024 50,729 7,540 35,001.9 1,069.5 36,071.4 2025 54,123 7,837 37,344.0 1,111.6 38,455.6 2026 57,516 8,276 39,684.5 1,173.8 40,858.3 2027 60,908 8,714 42,025.0 1,236.0 43,261.0 2028 64,300 9,153 44,365.5 1,298.2 45,663.7 2029 67,692 9,591 46,706.0 1,360.4 48,066.4 2030 71,084 10,030 49,046.5 1,422.6 50,469.1 2031 74,476 10,479 51,387.0 1,486.3 52,873.4 10-Yr Increase 30,271 3,828 20,886.3 543.0 21,429.4 Demand for Library Facilities Year Peak Population Jobs Square Feet DRAFT Land Use Assumptions, Infrastructure Improvements Plan, and Development Fee Report Apache Junction, Arizona 13 Adjusted Level of Service The Enabling Legislation limits library facilities to “ten thousand square feet that provide a direct benefit to development.” To comply with the Enabling Legislation, Apache Junction plans to construct additional library facilities of 10,000 square feet or less to serve future development. Based on projected residential growth of approximately 11,000 housing units in Superstition Vistas over the next 10 years, Apache Junction plans to construct 10,000 square feet of library facilities to serve future development in Superstition Vistas. If Apache Junction maintains its existing level of service, Superstition Vistas will demand approximately 17,800 square feet of library facilities. Apache Junction will use an adjustment factor of approximately 56 percent (10,000 square feet / 17,800 square feet) to calculate the adjusted level of service, and Apache Junction will maintain the adjusted level of service throughout the library facilities service area. To allocate the proportionate share of demand for library facilities to residential and nonresidential development, this analysis uses proportionate share shown in Figure L1. Apache Junction’s adjusted level of service for residential development is 0.3864 square feet per person (17,608 adjusted square feet X 97 percent residential share / 44,205 persons). The nonresidential level of service is 0.0794 square feet per job (17,608 adjusted square feet X three percent nonresidential share / 6,651 jobs). Apache Junction provided a construction cost of $600 per square foot. For library facilities, the cost is $231.82 per person (0.3864 square feet per person X $600 per square foot) and $47.66 per job (0.0794 square feet per job X $600 per square foot). Figure L6: Adjusted Level of Service Library Cost $6,000,000 Library Square Feet 10,000 Cost per Square Foot $600 Total Square Feet 31,444 LOS Adjustment 56% Adjusted Square Feet 17,608 Residential Share 97% 2021 Peak Population 44,205 Square Feet per Person 0.3864 Cost per Person $231.82 Nonresidential Share 3% 2021 Jobs 6,651 Square Feet per Job 0.0794 Cost per Job $47.66 Source: Apache Junction Public Library Cost Factors Level-of-Service (LOS) Standards Nonresidential Residential DRAFT Land Use Assumptions, Infrastructure Improvements Plan, and Development Fee Report Apache Junction, Arizona 14 Development Fee Report – Plan-Based The cost to prepare the library facilities IIP and related development fee report totals $5,900. Apache Junction plans to update its report every five years. Based on this cost, proportionate share, and five-year projections of future development from the Land Use Assumptions document, the cost is $0.43 per person and $0.11 per job. Figure L7: IIP and Development Fee Report PROJECTED DEMAND FOR SERVICES AND COSTS ARS § 9-463.05(E)(5) requires: “The total number of projected service units necessitated by and attributable to new development in the service area based on the approved land use assumptions and calculated pursuant to generally accepted engineering and planning criteria.” ARS § 9-463.05(E)(6) requires: “The projected demand for necessary public services or facility expansions required by new service units for a period not to exceed ten years.” As shown in the Land Use Assumptions document, Apache Junction’s population is expected to increase by 30,271 persons and employment is expected to increase by 3,828 jobs over the next 10 years. To maintain the adjusted level of service, Apache Junction will need to construct 12,000 square feet of library facilities over the next 10 years. The following page includes a more detailed projection of demand for services and costs for the library facilities IIP. Necessary Public Service Cost Service Unit 5-Year Change Cost per Service Unit Residential 97%Peak Population 13,310 $0.43 Nonresidential 3%Jobs 1,625 $0.11 Residential 97%Peak Population 2,314 $6.33 Nonresidential 3%Jobs 1,468 $0.31 Residential 80%Peak Population 13,310 $0.60 Nonresidential 20%Vehicle Trips 5,350 $0.37 Total $49,720 Proportionate Share Library Parks and Recreational Police $5,900 $15,100 $10,000 15,204 $1.23Street$18,720 All Development 100%VMT DRAFT Land Use Assumptions, Infrastructure Improvements Plan, and Development Fee Report Apache Junction, Arizona 15 Library Facilities – Incremental Expansion Apache Junction plans to maintain its adjusted level of service for library facilities over the next 10 years. Based on a projected population increase of 30,271 persons, future residential development demands an additional 11,696 square feet of library facilities (30,271 additional persons X 0.3864 adjusted square feet per person). With projected nonresidential growth of 3,828 jobs, future nonresidential development demands an additional 304 square feet of library facilities (3,828 additional jobs X 0.0794 adjusted square feet per job). Future development demands 12,000 square feet of library facilities at a cost of $7,200,000 (12,000 square feet X $600 per square foot). Apache Junction plans to construct 10,000 square feet of library facilities to serve future development in Superstition Vistas, and it will construct additional library facilities as needed in the remainder of the library facilities service area. Figure L8: Projected Demand Demand Unit Cost per Unit 0.3864 Square Feet per Person 0.0794 Square Feet per Job Residential Nonresidential Total 2021 44,205 6,651 17,079.8 528.2 17,608.0 2022 44,667 6,947 17,258.2 551.8 17,810.0 2023 47,334 7,244 18,288.8 575.4 18,864.2 2024 50,729 7,540 19,600.4 598.9 20,199.3 2025 54,123 7,837 20,911.9 622.5 21,534.4 2026 57,516 8,276 22,222.5 657.3 22,879.8 2027 60,908 8,714 23,533.2 692.1 24,225.3 2028 64,300 9,153 24,843.8 727.0 25,570.8 2029 67,692 9,591 26,154.4 761.8 26,916.2 2030 71,084 10,030 27,465.1 796.6 28,261.7 2031 74,476 10,479 28,775.7 832.3 29,608.0 10-Yr Increase 30,271 3,828 11,695.9 304.1 12,000.0 $7,017,540 $182,460 $7,200,000 Year Square Feet Growth-Related Expenditures Peak Population Jobs Type of Infrastructure Level of Service Library Facilities $600 Demand for Library Facilities DRAFT Land Use Assumptions, Infrastructure Improvements Plan, and Development Fee Report Apache Junction, Arizona 16 LIBRARY FACILITIES DEVELOPMENT FEES Revenue Credit/Offset A revenue credit/offset is not necessary for library facilities development fees, because costs generated by projected development exceed revenues generated by projected development. Appendix A contains the forecast of revenues required by Arizona’s Enabling Legislation (ARS § 9-463.05(E)(7)). Library Facilities Development Fees Infrastructure components and cost factors for library facilities are summarized in the upper portion of Figure L9. The cost per service unit for library facilities is $232.25 per person and $47.77 per job. Library facilities development fees for residential development are assessed according to the number of persons per household. The fee of $550 for a single-family unit is calculated using a cost per service unit of $232.25 per person multiplied by a demand unit of 2.37 persons per household. Nonresidential development fees are calculated using jobs as the service unit. The fee of $0.07 per square foot of industrial development is derived from a cost per service unit of $47.77 per job, multiplied by a demand unit of 1.57 jobs per 1,000 square feet, divided by 1,000. The fee of $27 per room of lodging development is derived from a cost per service unit of $47.77 per job multiplied by a demand unit of 0.56 jobs per room. Figure L9: Library Facilities Development Fees Fee Component Cost per Person Cost per Job Library Facilities $231.82 $47.66 Development Fee Report $0.43 $0.11 Total $232.25 $47.77 Single Family 2.37 $550 $1,004 ($454) Multi-Family 1.86 $432 $979 ($547) Recreational Vehicle 1.83 $425 $760 ($335) Industrial 1.57 $0.07 $0.12 ($0.05) Commercial 2.12 $0.10 $0.17 ($0.07) Office & Other Services 3.26 $0.16 $0.22 ($0.06) Institutional 2.86 $0.14 $0.22 ($0.08) Lodging (per room)0.56 $27 N/A N/A Assisted Living (per bed)0.61 $29 N/A N/A 1. See Land Use Assumptions Residential Fees per Unit Difference Nonresidential Fees per Square Foot Development Type Jobs per 1,000 Sq Ft1 Proposed Fees Current Fees Difference Development Type Persons per Household1 Proposed Fees Current Fees DRAFT Land Use Assumptions, Infrastructure Improvements Plan, and Development Fee Report Apache Junction, Arizona 17 LIBRARY FACILITIES DEVELOPMENT FEE REVENUE Appendix A contains the forecast of revenues required by Arizona’s enabling legislation (ARS § 9- 463.05(E)(7)). In accordance with state law, this report includes an IIP for library facilities needed to accommodate future development. Projected fee revenue shown in Figure L10 is based on the development projections in the Land Use Assumptions document and the updated library facilities development fees. If development occurs at a more rapid rate than projected, the demand for infrastructure will increase and development fee revenue will increase at a corresponding rate. If development occurs at a slower rate than projected, the demand for infrastructure will also decrease, along with development fee revenue. Projected development fee revenue equals $7,205,695, and projected expenditures equal $7,205,900. Figure L10: Library Facilities Development Fee Revenue Growth Share Existing Share Total Library Facilities $7,200,000 $0 $7,200,000 Development Fee Report $5,900 $0 $5,900 Total $7,205,900 $0 $7,205,900 Single Family Multi-Family Industrial Commercial Office & Other Institutional $550 $432 $0.07 $0.10 $0.16 $0.14 per unit per unit per sq ft per sq ft per sq ft per sq ft Hsg Unit Hsg Unit KSF KSF KSF KSF Base 2021 14,919 1,712 623 1,160 587 454 Year 1 2022 15,033 1,815 679 1,207 616 459 Year 2 2023 16,040 1,966 735 1,255 644 464 Year 3 2024 17,342 2,132 791 1,302 673 469 Year 4 2025 18,644 2,298 847 1,350 702 475 Year 5 2026 19,945 2,464 895 1,474 727 481 Year 6 2027 21,246 2,630 943 1,598 752 488 Year 7 2028 22,547 2,796 991 1,721 777 494 Year 8 2029 23,848 2,962 1,039 1,845 802 501 Year 9 2030 25,149 3,128 1,087 1,969 827 508 Year 10 2031 26,450 3,294 1,108 2,081 875 515 11,531 1,582 485 921 288 61 $6,340,408 $682,736 $36,338 $93,158 $44,763 $8,291 $7,205,695 $7,205,900 Projected Fee Revenue Total Expenditures Year 10-Year Increase Projected Revenue Fee Component DRAFT Land Use Assumptions, Infrastructure Improvements Plan, and Development Fee Report Apache Junction, Arizona 18 PARKS AND RECREATIONAL FACILITIES IIP ARS § 9-463.05 (T)(7)(g) defines the facilities and assets that can be included in the Parks and Recreational Facilities IIP: “Neighborhood parks and recreational facilities on real property up to thirty acres in area, or parks and recreational facilities larger than thirty acres if the facilities provide a direct benefit to the development. Park and recreational facilities do not include vehicles, equipment or that portion of any facility that is used for amusement parks, aquariums, aquatic centers, auditoriums, arenas, arts and cultural facilities, bandstand and orchestra facilities, bathhouses, boathouses, clubhouses, community centers greater than three thousand square feet in floor area, environmental education centers, equestrian facilities, golf course facilities, greenhouses, lakes, museums, theme parks, water reclamation or riparian areas, wetlands, zoo facilities or similar recreational facilities, but may include swimming pools.” The Parks and Recreational Facilities IIP includes components for park amenities, trails, and the cost of preparing the Parks and Recreational Facilities IIP and related Development Fee Report. The incremental expansion methodology is used for park amenities. The plan-based methodology is used for trails and the Development Fee Report. Proportionate Share ARS § 9-463.05 (B)(3) states that the development fee shall not exceed a proportionate share of the cost of necessary public services needed to accommodate new development. The Parks and Recreational Facilities IIP and development fees allocate the cost of necessary public services between residential and nonresidential based on functional population. The Arizona Office of Economic Opportunity estimates Apache Junction’s 2018 population equal to 40,611 persons. Based on 2018 estimates from the U.S. Census Bureau’s OnTheMap web application, 6,333 inflow commuters traveled to Apache Junction for work in 2018. The proportionate share is based on cumulative impact hours per year with a resident potentially impacting parks and recreational facilities 8,170 hours per year and an inflow commuter potentially impacting parks and recreational facilities 1,600 hours per year. For parks and recreational facilities, residential development generates 97 percent of demand and nonresidential development generates the remaining three percent of demand. Figure PR1: Proportionate Share Residential 40,611 residents 1 8,760 355,752,360 97% Nonresidential 6,333 inflow commuters2 1,600 10,132,800 3% 365,885,160 100% 1. Arizona Office of Economic Opportunity, 2018 2. U.S. Census Bureau, OnTheMap Application and LEHD Origin-Destination Employment Statistics, Version 6.8, 2018 Residential Impact: 24 hours per day X 365 days per year Nonresidential Impact: 8 hours per day X 4 days per week X 50 weeks per year Proportionate Share Total Development Type Service Unit Impact Hours per Year Cumulative Impact Hours per Year DRAFT Land Use Assumptions, Infrastructure Improvements Plan, and Development Fee Report Apache Junction, Arizona 19 Service Area Apache Junction plans to provide a uniform level of service and equal access to parks and recreational facilities within the city; therefore, there is a single service area for the Parks and Recreational Facilities IIP. As defined by the Development Agreement for Superstition Vistas (October 2021), Apache Junction will not assess parks and recreational facilities fees to development within the “Auction Property.” Figure PR2: Parks and Recreational Facilities Service Area G:\Da ta \Work ing\zScratc hWorks pace\SCo llins\City Limits _Letter.m xd T o n t o N a t i o n a l F o r e s t Apache Trl G o l d C a n y o n C o m m u n i t y £¤60 Ironwood Dr Idaho Rd C e n t r a l A ri z o n a P r o j e c t C a n a l Su pe rstition Wilderne ss Area ¨x88 N A p a c h e T rl Old W est H wy Maricopa Count y Pinal C ounty Maricopa C ou nty Pin al Cou nt y Ellsworth Rd £¤60 Phoenix-Mesa Gateway Airport Q U E E N C R E E K M E S A ¨x24 vw202 P a r k s a n d R e c r e a t i o n F a c i l i t i e s S e r v i c e A r e a LEGEND 0 10,000 20,000 Feet Marc h 2 8 , 2022 ±National Forest Wilderness Area Airport Boundary Other Municpal Boundaries Queen Creek Mesa Municipal Boundary Pinal County Island County Boundary Auction Property Retained Property A p a c h e J u n ct i o n DRAFT Land Use Assumptions, Infrastructure Improvements Plan, and Development Fee Report Apache Junction, Arizona 20 RATIO OF SERVICE UNIT TO DEVELOPMENT UNIT ARS § 9-463.05(E)(4) requires: “A table establishing the specific level or quantity of use, consumption, generation or discharge of a service unit for each category of necessary public services or facility expansions and an equivalency or conversion table establishing the ratio of a service unit to various types of land uses, including residential, commercial and industrial.” Figure PR3 displays the demand indicators for residential and nonresidential land uses. For residential development, the table displays the number of persons per household. For nonresidential development, the table displays the number of employees per thousand square feet of floor area. Figure PR3: Ratio of Service Unit to Development Unit ANALYSIS OF CAPACITY, USAGE, AND COSTS OF EXISTING PUBLIC SERVICES ARS § 9-463.05(E)(1) requires: “A description of the existing necessary public services in the service area and the costs to upgrade, update, improve, expand, correct or replace those necessary public services to meet existing needs and usage and stricter safety, efficiency, environmental or regulatory standards, which shall be prepared by qualified professionals licensed in this state, as applicable.” ARS § 9-463.05(E)(2) requires: “An analysis of the total capacity, the level of current usage and commitments for usage of capacity of the existing necessary public services, which shall be prepared by qualified professionals licensed in this state, as applicable.” Single Family 2.37 Multi-Family 1.86 Recreational Vehicle 1.83 Industrial 1.57 Commercial 2.12 Office & Other Services 3.26 Institutional 2.86 Lodging (per room)0.56 Assisted Living (per bed)0.61 1. See Land Use Assumptions Residential Development Nonresidential Development Development Type Jobs per 1,000 Sq Ft1 Development Type Persons per Household1 DRAFT Land Use Assumptions, Infrastructure Improvements Plan, and Development Fee Report Apache Junction, Arizona 21 Park Amenities – Incremental Expansion Apache Junction currently provides 120 park amenities in its existing parks, and the city plans to construct additional park amenities to serve future development. Based on costs provided by Apache Junction’s Parks and Recreation Department to construct recent park amenities, the total cost of Apache Junction’s existing park amenities is $25,942,750. The weighted average cost is $216,190 per park amenity ($25,942,750 total cost / 120 park amenities). Figure PR4: Existing Park Amenities Description Units Unit Cost Total Cost Ball Fields 7 $862,500 $6,037,500 Basketball Courts 3 $200,000 $600,000 Concession/Restrooms 7 $375,000 $2,625,000 Dog Park 1 $1,200,000 $1,200,000 Horseshoe Pits 5 $2,500 $12,500 Parking Lots 13 $232,000 $3,016,000 Pickle Ball Courts 4 $100,000 $400,000 Playgrounds 4 $625,000 $2,500,000 Pool 1 $2,218,000 $2,218,000 Racquetball Courts 4 $100,000 $400,000 Ramadas (large group)9 $93,750 $843,750 Ramadas (single)3 $15,000 $45,000 Ramadas (small group)14 $56,250 $787,500 Security Fencing 25 $26,400 $660,000 Shuffleboard Courts 3 $20,000 $60,000 Skate Park 1 $500,000 $500,000 Soccer/Football Fields 3 $812,500 $2,437,500 Splashplad 1 $100,000 $100,000 Tennis Courts 8 $150,000 $1,200,000 Volleyball Courts 4 $75,000 $300,000 Total 120 $216,190 $25,942,750 DRAFT Land Use Assumptions, Infrastructure Improvements Plan, and Development Fee Report Apache Junction, Arizona 22 To allocate the proportionate share of demand for park amenities to residential and nonresidential development, this analysis uses the proportionate share shown in Figure PR1. Apache Junction’s existing LOS for residential development is 0.0026 amenities per person (120 amenities X 97 percent residential share / 44,205 persons). For nonresidential development, the existing LOS is 0.0005 amenities per job (120 amenities X three percent nonresidential share / 6,651 jobs). Based on the total cost of Apache Junction’s existing park amenities, the weighted average cost for new park amenities is $216,190 per amenity ($25,942,750 total cost / 120 amenities). Apache Junction may use development fees to construct additional park amenities similar to its existing inventory. For park amenities, the cost is $569.26 per person (0.0026 amenities per person X $216,190 per amenity) and $117.02 per job (0.0005 amenities per job X $216,190 per amenity). Figure PR5: Existing Level of Service Weighted Average per Unit $216,190 Existing Units 120 Residential Share 97% 2021 Peak Population 44,205 Units per Person 0.0026 Cost per Person $569.26 Nonresidential Share 3% 2021 Jobs 6,651 Units per Job 0.0005 Cost per Job $117.02 Source: Apache Junction Parks and Recreation Department Level-of-Service (LOS) Standards Residential Cost Factors Nonresidential DRAFT Land Use Assumptions, Infrastructure Improvements Plan, and Development Fee Report Apache Junction, Arizona 23 Trails – Plan-Based Apache Junction currently provides 20.6 miles of trails, and the city plans to construct additional trails to serve future development. To allocate the proportionate share of demand for trails to residential and nonresidential development, this analysis uses the proportionate share shown in Figure PR1. Apache Junction’s existing LOS for residential development is 0.0005 miles per person (20.6 miles X 97 percent residential share / 44,205 persons). For nonresidential development, the existing LOS is 0.0001 miles per job (20.6 miles X three percent nonresidential share / 6,651 jobs). Apache Junction plans to increase the existing level of service by constructing 14.0 miles of trails shown in Figure PR6. To ensure future development does not pay for a higher level of service than what is provided to existing development, this analysis allocates the 34.6 miles of planned trails in 2031 to all development in 2031. The planned LOS for residential development is 0.0007 miles per person (34.6 miles X 97 percent residential share / 48,825 persons). For nonresidential development, the planned LOS is 0.0001 miles per job (34.6 miles X three percent nonresidential share / 9,538 jobs). Based on the planned cost estimates provided by Apache Junction’s Parks and Recreation Department, the weighted average cost for trails is $210,714 per mile ($2,950,000 total cost / 14 miles). For trails, the cost is $144.84 per person (0.0007 miles per person X $210,714 per mile) and $22.93 per job (0.0001 miles per job X $210,714 per mile). Figure PR6: Planned Level of Service Description Miles Unit Cost Total Cost Superstition Mtn to Goldfield - Paved 4.0 $550,000 $2,200,000 CAP Trail - Unpaved 10.0 $75,000 $750,000 Total 14.0 $210,714 $2,950,000 Weighted Average per Mile $210,714 2021 Existing Trails 20.6 Additional Trails 14.0 2031 Planned Trails 34.6 Residential Share 97% 2031 Peak Population 48,825 Miles per Person 0.0007 Cost per Person $144.84 Nonresidential Share 3% 2031 Jobs 9,538 Miles per Job 0.0001 Cost per Job $22.93 Source: Apache Junction Parks and Recreation Department Cost Factors Level-of-Service (LOS) Standards Residential Nonresidential DRAFT Land Use Assumptions, Infrastructure Improvements Plan, and Development Fee Report Apache Junction, Arizona 24 Development Fee Report – Plan-Based The cost to prepare the Parks and Recreational Facilities IIP and development fees totals $15,100. Apache Junction plans to update its report every five years. Based on this cost, proportionate share, and five-year projections of new development from the Land Use Assumptions document, the cost is $6.33 per person and $0.31 per job. Figure PR7: IIP and Development Fee Report PROJECTED DEMAND FOR SERVICES AND COSTS ARS § 9-463.05(E)(5) requires: “The total number of projected service units necessitated by and attributable to new development in the service area based on the approved land use assumptions and calculated pursuant to generally accepted engineering and planning criteria.” ARS § 9-463.05(E)(6) requires: “The projected demand for necessary public services or facility expansions required by new service units for a period not to exceed ten years.” As shown in the Land Use Assumptions document, Apache Junction’s population in the parks and recreational facilities service area is expected to increase by 4,620 persons and employment is expected to increase by 2,887 jobs over the next 10 years. To maintain the existing levels of service, Apache Junction will need to construct approximately 14 park amenities over the next 10 years. To reach the planned level of service for trails, Apache Junction will need to construct 3.5 additional miles of trails over the next 10 years. The following pages include a more detailed projection of demand for services and costs for the Parks and Recreational Facilities IIP. Necessary Public Service Cost Service Unit 5-Year Change Cost per Service Unit Residential 97%Peak Population 13,310 $0.43 Nonresidential 3%Jobs 1,625 $0.11 Residential 97%Peak Population 2,314 $6.33 Nonresidential 3%Jobs 1,468 $0.31 Residential 80%Peak Population 13,310 $0.60 Nonresidential 20%Vehicle Trips 5,350 $0.37 Total $49,720 Proportionate Share Library Parks and Recreational Police $5,900 $15,100 $10,000 15,204 $1.23Street$18,720 All Development 100%VMT DRAFT Land Use Assumptions, Infrastructure Improvements Plan, and Development Fee Report Apache Junction, Arizona 25 Park Amenities – Incremental Expansion Apache Junction plans to maintain its existing level of service for park amenities over the next 10 years. Based on a projected population increase of 4,620 persons, future residential development demands an additional 12.2 park amenities (4,620 additional persons X 0.0026 amenities per person). With projected employment growth of 2,887 jobs, future nonresidential development demands an additional 1.6 park amenities (2,887 additional jobs X 0.0005 amenities per job). Future development demands 13.7 additional park amenities at a cost of $2,967,918 (13.7 amenities X $216,190 per amenity). Figure PR8: Projected Demand Demand Unit Cost per Unit 0.0026 Units per Person 0.0005 Units per Job Residential Nonresidential Total 2021 44,205 6,651 116.4 3.6 120.0 2022 44,667 6,947 117.6 3.8 121.4 2023 45,131 7,244 118.8 3.9 122.8 2024 45,594 7,540 120.1 4.1 124.1 2025 46,058 7,837 121.3 4.2 125.5 2026 46,519 8,119 122.5 4.4 126.9 2027 46,980 8,400 123.7 4.5 128.3 2028 47,442 8,682 124.9 4.7 129.6 2029 47,903 8,963 126.1 4.9 131.0 2030 48,364 9,245 127.4 5.0 132.4 2031 48,825 9,538 128.6 5.2 133.7 10-Yr Increase 4,620 2,887 12.2 1.6 13.7 $2,630,069 $337,849 $2,967,918 Type of Infrastructure Level of Service Demand for Park Amenities Year Peak Population Jobs Units Park Amenities $216,190 Growth-Related Expenditures DRAFT Land Use Assumptions, Infrastructure Improvements Plan, and Development Fee Report Apache Junction, Arizona 26 Trails – Incremental Expansion Apache Junction plans to increase its existing level of service for trails over the next 10 years. Based on a projected population increase of 4,620 persons, future residential development demands an additional 3.2 miles of trails (4,620 additional persons X 0.0007 miles per person). With projected employment growth of 2,887 jobs, future nonresidential development demands an additional 0.3 miles of trails (2,887 additional jobs X 0.0001 miles per job). Future development demands approximately 3.5 miles of trails at a cost of $735,396 (3.5 miles X $210,714 per mile). Existing residential development demands 30.4 miles of trails (44,205 persons X 0.0007 miles per person) and existing nonresidential development demands approximately 0.7 miles of trails (6,651 jobs X 0.0001 miles per job). Since Apache Junction currently provides 20.6 miles of trails, existing development currently demands an additional 10.5 miles of trails (31.1 miles demanded by existing development – 20.6 miles available to existing development) to reach the planned level of service. Existing development’s share of the planned trails is approximately $2,214,604 (10.5 miles of trails X $210,714 per mile). Figure PR9: Projected Demand Demand Unit Cost per Unit 0.0007 Miles per Person 0.0001 Miles per Job Residential Nonresidential Total 2021 44,205 6,651 30.4 0.7 31.1 2022 44,667 6,947 30.7 0.8 31.5 2023 45,131 7,244 31.0 0.8 31.8 2024 45,594 7,540 31.3 0.8 32.2 2025 46,058 7,837 31.7 0.9 32.5 2026 46,519 8,119 32.0 0.9 32.9 2027 46,980 8,400 32.3 0.9 33.2 2028 47,442 8,682 32.6 0.9 33.6 2029 47,903 8,963 32.9 1.0 33.9 2030 48,364 9,245 33.2 1.0 34.3 2031 48,825 9,538 33.6 1.0 34.6 10-Yr Increase 4,620 2,887 3.2 0.3 3.5 $669,190 $66,206 $735,396 $2,192,310 $22,294 $2,214,604 $2,861,500 $88,500 $2,950,000 Trails $210,714 Demand for Trails Year Peak Population Type of Infrastructure Level of Service Jobs Miles Existing Development Share Total Growth-Related Expenditures DRAFT Land Use Assumptions, Infrastructure Improvements Plan, and Development Fee Report Apache Junction, Arizona 27 PARKS AND RECREATIONAL FACILITIES DEVELOPMENT FEES Revenue Credit/Offset A revenue credit/offset is not necessary for parks and recreational facilities fees, because costs generated by projected development exceed revenues generated by projected development. Appendix A contains the forecast of revenues required by Arizona’s Enabling Legislation (ARS § 9-463.05(E)(7)). Parks and Recreational Facilities Development Fees Infrastructure components and cost factors for parks and recreational facilities are summarized in the upper portion of Figure PR10. The cost per service unit is $720.43 per person and $140.26 per job. Parks and recreational facilities fees for residential development are assessed according to the number of persons per household. The fee of $1,707 for a single-family unit is calculated using a cost per service unit of $720.43 per person multiplied by a demand unit of 2.37 persons per household. Nonresidential development fees are calculated using jobs as the service unit. The fee of $0.22 per square foot of industrial development is derived from a cost per service unit of $140.26 per job, multiplied by a demand unit of 1.57 jobs per 1,000 square feet, divided by 1,000. The fee of $79 per room of lodging development is derived from a cost per service unit of $140.26 per job multiplied by a demand unit of 0.56 jobs per room. Figure PR10: Parks and Recreational Facilities Development Fees Fee Component Cost per Person Cost per Job Park Amenities $569.26 $117.02 Trails $144.84 $22.93 Development Fee Report $6.33 $0.31 Total $720.43 $140.26 Single Family 2.37 $1,707 $1,168 $539 Multi-Family 1.86 $1,340 $1,138 $202 Recreational Vehicle 1.83 $1,318 $883 $435 Industrial 1.57 $0.22 $0.03 $0.19 Commercial 2.12 $0.30 $0.18 $0.12 Office & Other Services 3.26 $0.46 $0.23 $0.23 Institutional 2.86 $0.40 $0.23 $0.17 Lodging (per room)0.56 $79 N/A N/A Assisted Living (per bed)0.61 $86 N/A N/A 1. See Land Use Assumptions Current Fees Difference Current Fees Difference Residential Fees per Unit Nonresidential Fees per Square Foot Development Type Persons per Household1 Proposed Fees Development Type Jobs per 1,000 Sq Ft1 Proposed Fees DRAFT Land Use Assumptions, Infrastructure Improvements Plan, and Development Fee Report Apache Junction, Arizona 28 PARKS AND RECREATIONAL FACILITIES DEVELOPMENT FEE REVENUE Appendix A contains the forecast of revenues required by Arizona’s Enabling Legislation (ARS § 9- 463.05(E)(7)). In accordance with state law, this report includes an IIP for parks and recreational facilities needed to accommodate new development. Projected fee revenue shown in Figure PR11 is based on the development projections in the Land Use Assumptions document and the updated development fees for parks and recreational facilities shown in Figure PR10. If development occurs at a more rapid rate than projected, the demand for infrastructure will increase and development fee revenue will increase at a corresponding rate. If development occurs at a slower rate than projected, the demand for infrastructure will also decrease, along with development fee revenue. Projected development fee revenue equals $3,718,296, and projected expenditures equal $5,933,018. Existing development’s share of $2,214,604 may not be funded with development fees. Figure PR11: Parks and Recreational Facilities Development Fee Revenue Growth Share Existing Share Total Park Amenities $2,967,918 $0 $2,967,918 Trails $735,396 $2,214,604 $2,950,000 Development Fee Report $15,100 $0 $15,100 Total $3,718,415 $2,214,604 $5,933,018 Single Family Multi-Family Industrial Commercial Office & Other Institutional $1,707 $1,340 $0.22 $0.30 $0.46 $0.40 per unit per unit per sq ft per sq ft per sq ft per sq ft Hsg Unit Hsg Unit KSF KSF KSF KSF Base 2021 14,919 1,712 623 1,160 587 454 Year 1 2022 15,033 1,815 679 1,207 616 459 Year 2 2023 15,147 1,919 735 1,255 644 464 Year 3 2024 15,261 2,023 791 1,302 673 469 Year 4 2025 15,375 2,127 847 1,350 702 475 Year 5 2026 15,488 2,231 895 1,400 727 481 Year 6 2027 15,601 2,335 943 1,450 752 488 Year 7 2028 15,714 2,439 991 1,500 777 494 Year 8 2029 15,827 2,543 1,039 1,550 802 501 Year 9 2030 15,940 2,647 1,087 1,600 827 508 Year 10 2031 16,053 2,751 1,108 1,637 875 515 1,134 1,039 485 478 288 61 $1,927,737 $1,386,137 $106,700 $141,941 $131,438 $24,344 $3,718,296 $5,933,018Total Expenditures Year 10-Year Increase Projected Revenue Projected Fee Revenue Fee Component DRAFT Land Use Assumptions, Infrastructure Improvements Plan, and Development Fee Report Apache Junction, Arizona 29 POLICE FACILITIES IIP ARS § 9-463.05 (T)(7)(f) defines the facilities and assets that can be included in the Police Facilities IIP: “Fire and police facilities, including all appurtenances, equipment and vehicles. Fire and police facilities do not include a facility or portion of a facility that is used to replace services that were once provided elsewhere in the municipality, vehicles and equipment used to provide administrative services, helicopters or airplanes or a facility that is used for training firefighters or officers from more than one station or substation.” The Police Facilities IIP includes components for police facilities, police vehicles, communication equipment, and the cost of preparing the Police Facilities IIP and related Development Fee Report. The incremental expansion methodology, based on the current level of service, is used for police vehicles and communication equipment. The plan-based methodology is used for police facilities and the Development Fee Report. DRAFT Land Use Assumptions, Infrastructure Improvements Plan, and Development Fee Report Apache Junction, Arizona 30 Proportionate Share ARS § 9-463.05 (B)(3) states that the development fee shall not exceed a proportionate share of the cost of necessary public services needed to accommodate new development. The Police Facilities IIP and development fees will allocate the cost of police services between residential and nonresidential based on functional population. Based on 2018 estimates from the U.S. Census Bureau’s OnTheMap web application, residential development accounts for approximately 80 percent of functional population and nonresidential development accounts for the remaining 20 percent. Figure P1: Proportionate Share The proportionate share of costs attributable to residential development will be allocated to population and then converted to an appropriate amount by type of housing unit. Since nonresidential calls for service were unavailable by specific nonresidential use, TischlerBise recommends using average weekday vehicle trips as the best demand indicator for nonresidential demand for police services. Trip generation rates are highest for commercial development, such as a shopping center, and lowest for industrial development. Office and institutional trip rates fall between the other two categories. This ranking of trip rates is consistent with the relative demand for police services from nonresidential development. Residential Demand Person Population 40,611 Hours/Day Hours Residents Not Working 25,882 20 517,640 Employed Residents 14,729 Employed in Apache Junction 1,207 14 16,898 Employed outside Apache Junction 13,522 14 189,308 Residential Subtotal 723,846 Residential Share 80% Nonresidential Non-working Residents 25,882 4 103,528 Jobs Located in Apache Junction 7,540 Residents Employed in Apache Junction 1,207 10 12,070 Non-Resident Workers (inflow commuters)6,333 10 63,330 Nonresidential Subtotal 178,928 Nonresidential Share 20% Total 902,774 Source: Arizona Office of Economic Opportunity (population), U.S. Census Bureau, OnTheMap Application and LEHD Origin-Destination Employment Statistics, Version 6.8 (employment). Demand Units in 2018 DRAFT Land Use Assumptions, Infrastructure Improvements Plan, and Development Fee Report Apache Junction, Arizona 31 Service Area Apache Junction’s Police Department strives to provide a uniform response time within the city limits; therefore, there is a single service area for the Police Facilities IIP. Figure P2: Police Facilities Service Area G:\Da ta\Working\zScra tc hWorks pace \SC o llins\CityLimits _Lett er.m xd T o n t o N a t i o n a l F o r e s t Apache Trl G o l d C a n y o n C o m m u n i t y £¤60 Ironwood Dr Idaho Rd C e n t r a l A ri z o n a P r o j e c t C a n a l Su pe rstition Wilde rness A rea ¨x88 N A p a c h e T rl Old W est H wy Ma ricopa County Pinal County Maric o pa C ou nt y Pinal C ou nt y Ellsworth Rd £¤60 Phoenix-Mesa Gateway Airport Q U E E N C R E E K M E S A ¨x24 vw202 LEGEND 0 10,000 20,000 Feet M arc h 28 , 20 22 ±National Forest Wilderness Area Airport Boundary Other Municpal Boundaries Queen Creek Mesa Municipal Boundary Pinal County Island County Boundary P o l i c e F a c i l i t i e s S e r v i c e A r e a A p a c h e Ju n ct i o n DRAFT Land Use Assumptions, Infrastructure Improvements Plan, and Development Fee Report Apache Junction, Arizona 32 RATIO OF SERVICE UNIT TO DEVELOPMENT UNIT ARS § 9-463.05(E)(4) requires: “A table establishing the specific level or quantity of use, consumption, generation or discharge of a service unit for each category of necessary public services or facility expansions and an equivalency or conversion table establishing the ratio of a service unit to various types of land uses, including residential, commercial and industrial.” Figure P3 displays the demand indicators for residential and nonresidential land uses. For residential development, the table displays the persons per household. For nonresidential development, the table displays the number of average weekday vehicle trips generated per thousand square feet of floor area. Figure P3: Ratio of Service Unit to Development Unit ANALYSIS OF CAPACITY, USAGE, AND COSTS OF EXISTING PUBLIC SERVICES ARS § 9-463.05(E)(1) requires: “A description of the existing necessary public services in the service area and the costs to upgrade, update, improve, expand, correct or replace those necessary public services to meet existing needs and usage and stricter safety, efficiency, environmental or regulatory standards, which shall be prepared by qualified professionals licensed in this state, as applicable.” ARS § 9-463.05(E)(2) requires: “An analysis of the total capacity, the level of current usage and commitments for usage of capacity of the existing necessary public services, which shall be prepared by qualified professionals licensed in this state, as applicable.” Single Family 2.37 Multi-Family 1.86 Recreational Vehicle 1.83 AWVT per 1,000 Sq Ft1 Industrial 4.87 50%2.44 Commercial 37.01 33%12.21 Office & Other Services 10.84 50%5.42 Institutional 10.77 33%3.55 Lodging (per room)7.99 50%4.00 Assisted Living (per bed)2.60 50%1.30 1. See Land Use Assumptions Residential Development Development Type Persons per Household1 Development Type AWVTE per 1,000 Sq Ft1 Trip Rate Adjustment Nonresidential Development DRAFT Land Use Assumptions, Infrastructure Improvements Plan, and Development Fee Report Apache Junction, Arizona 33 Police Facilities – Plan-Based Apache Junction currently provides 13,000 square feet of police facilities, but this is not sufficient to serve existing development and future development. Apache Junction plans to construct an additional 51,500 square feet of police facilities at a cost of $28,325,000 to serve all development in 2031. To allocate the proportionate share of demand for police facilities to residential and nonresidential development, this analysis uses functional population outlined in Figure P1. Apache Junction’s existing level of service for residential development is 0.2353 square feet per person (13,000 square feet X 80 percent residential share / 44,205 persons). The nonresidential level of service is 0.1270 square feet per vehicle trip (13,000 square feet X 20 percent nonresidential share / 20,477 vehicle trips). Apache Junction plans to increase the existing level of service by constructing 51,500 square feet of police facilities. To ensure future development does not pay for a higher level of service than what is provided to existing development, this analysis allocates the 64,500 square feet of planned police facilities in 2031 to all development in 2031. The planned LOS for residential development is 0.6928 square feet per person (64,500 square feet X 80 percent residential share / 74,476 persons). For nonresidential development, the planned LOS is 0.3719 square feet per vehicle trip (64,500 square feet X 20 percent nonresidential share / 34,685 vehicle trips). Based on estimates provided by Apache Junction, the construction cost for future police facilities is $550 per square foot. For police facilities, the cost is $381.06 per person (0.6928 square feet per person X $550 per square foot) and $204.55 per vehicle trip (0.3719 square feet per vehicle trip X $550 per square foot). Figure P4: Planned Level of Service Planned Facilities Cost $28,325,000 Cost per Square Foot $550 2021 Square Feet 13,000 Planned Square Feet 51,500 2031 Square Feet (Planned)64,500 Residential Share 80% 2031 Peak Population 74,476 Square Feet per Person 0.6928 Cost per Person $381.06 Nonresidential Share 20% 2031 Vehicle Trips 34,685 Square Feet per Vehicle Trip 0.3719 Cost per Vehicle Trip $204.55 Source: Apache Junction Police Department Cost Factors Residential Nonresidential Level-of-Service (LOS) Standards DRAFT Land Use Assumptions, Infrastructure Improvements Plan, and Development Fee Report Apache Junction, Arizona 34 Police Vehicles – Incremental Expansion Apache Junction has 80 police vehicles with a total cost of $5,948,202, and the city plans to acquire additional police vehicles to serve future development. To allocate the proportionate share of demand for police vehicles to residential and nonresidential development, this analysis uses functional population outlined in Figure P1. Apache Junction’s existing level of service for residential development is 0.0014 units per person (80 vehicles X 80 percent residential share / 44,205 persons). The nonresidential level of service is 0.0008 units per vehicle trip (80 vehicles X 20 percent nonresidential share / 20,477 vehicle trips). Based on the total cost of Apache Junction’s existing police vehicles, the weighted average cost for a new police vehicle is $74,353 per vehicle ($5,948,202 total cost / 80 vehicles). Apache Junction may use development fees to acquire additional police vehicles similar to its existing inventory. For police vehicles, the cost is $107.65 per person (0.0014 units per person X $74,353 per vehicle) and $58.10 per vehicle trip (0.0008 units per vehicle trip X $74,353 per vehicle). Figure P5: Existing Level of Service Description Vehicles Unit Cost Total Cost Animal Control Vehicle 2 $51,238 $102,476 Bear Cat G3 1 $350,000 $350,000 Command Van 1 $319,822 $319,822 Jail Vehicle 2 $51,939 $103,878 Motorcycle 4 $51,200 $204,800 Mustang 1 $64,059 $64,059 Patrol Vehicle - Marked 40 $89,302 $3,572,076 Patrol Vehicle - Unmarked 27 $42,100 $1,136,700 Traffic Vehicle 1 $53,342 $53,342 Victim Service Van 1 $41,049 $41,049 Total 80 $74,353 $5,948,202 Weighted Average per Vehicle $74,353 Existing Vehicles 80 Residential Share 80% 2021 Peak Population 44,205 Vehicles per Person 0.0014 Cost per Person $107.65 Nonresidential Share 20% 2021 Vehicle Trips 20,477 Vehicles per Vehicle Trip 0.0008 Cost per Vehicle Trip $58.10 Source: Apache Junction Police Department Cost Factors Level-of-Service (LOS) Standards Residential Nonresidential DRAFT Land Use Assumptions, Infrastructure Improvements Plan, and Development Fee Report Apache Junction, Arizona 35 Communication Equipment – Incremental Expansion Apache Junction has 170 units of communication equipment with a total cost of $1,617,654, and the city plans to acquire additional units to serve future development. To allocate the proportionate share of demand for communication equipment to residential and nonresidential development, this analysis uses functional population outlined in Figure P1. Apache Junction’s existing level of service for residential development is 0.0031 units per person (170 units X 80 percent residential share / 44,205 persons). The nonresidential level of service is 0.0017 units per vehicle trip (170 units X 20 percent nonresidential share / 20,477 vehicle trips). Based on the total cost of Apache Junction’s existing communication equipment, the weighted average cost for a new unit is $9,516 per unit ($1,617,654 total cost / 170 units). Apache Junction may use development fees to acquire additional communication equipment. For communication equipment, the cost is $29.28 per person (0.0031 units per person X $9,516 per unit) and $15.80 per vehicle trip (0.0017 units per vehicle trip X $9,516 per unit). Figure P6: Existing Level of Service Description Units Unit Cost Total Cost Dispatch Consoles 3 $78,500 $235,500 Radio Server Infrastructure 1 $121,000 $121,000 Mobile Radio Equipment 62 $8,767 $543,554 Portable Radios & Mics 104 $6,900 $717,600 Total 170 $9,516 $1,617,654 Weighted Average per Unit $9,516 Existing Units 170 Residential Share 80% 2021 Peak Population 44,205 Units per Person 0.0031 Cost per Person $29.28 Nonresidential Share 20% 2021 Vehicle Trips 20,477 Units per Vehicle Trip 0.0017 Cost per Vehicle Trip $15.80 Source: Apache Junction Police Department Cost Factors Nonresidential Residential Level-of-Service (LOS) Standards DRAFT Land Use Assumptions, Infrastructure Improvements Plan, and Development Fee Report Apache Junction, Arizona 36 Development Fee Report – Plan-Based The cost to prepare the Police Facilities IIP and related Development Fee Report totals $10,000. Apache Junction plans to update its report every five years. Based on this cost, proportionate share, and five-year projections of new residential and nonresidential development from the Land Use Assumptions document, the cost is $0.60 per person and $0.37 per vehicle trip. Figure P7: IIP and Development Fee Report PROJECTED DEMAND FOR SERVICES AND COSTS ARS § 9-463.05(E)(5) requires: “The total number of projected service units necessitated by and attributable to new development in the service area based on the approved land use assumptions and calculated pursuant to generally accepted engineering and planning criteria.” ARS § 9-463.05(E)(6) requires: “The projected demand for necessary public services or facility expansions required by new service units for a period not to exceed ten years.” As shown in the Land Use Assumptions document, Apache Junction’s population is expected to increase by 30,271 persons and nonresidential vehicle trips generated are expected to increase by 14,209 trips over the next 10 years. To reach the planned level of service for police facilities, Apache Junction will need to construct an additional 26,257 square feet over the next 10 years. To maintain the existing levels of service, Apache Junction will need to acquire approximately 55 police vehicles and approximately 117 units of communication equipment over the next 10 years. The following pages include a more detailed projection of demand for services and costs for the Police Facilities IIP. Necessary Public Service Cost Service Unit 5-Year Change Cost per Service Unit Residential 97%Peak Population 13,310 $0.43 Nonresidential 3%Jobs 1,625 $0.11 Residential 97%Peak Population 2,314 $6.33 Nonresidential 3%Jobs 1,468 $0.31 Residential 80%Peak Population 13,310 $0.60 Nonresidential 20%Vehicle Trips 5,350 $0.37 Total $49,720 Proportionate Share Library Parks and Recreational Police $5,900 $15,100 $10,000 15,204 $1.23Street$18,720 All Development 100%VMT DRAFT Land Use Assumptions, Infrastructure Improvements Plan, and Development Fee Report Apache Junction, Arizona 37 Police Facilities – Plan-Based Apache Junction plans to increase its existing level of service for police facilities over the next 10 years. Based on a projected population increase of 30,271 persons, future residential development demands approximately 20,973 square feet of police facilities (30,271 additional persons X 0.6928 square feet per person). With projected vehicle trip growth of 14,209 vehicle trips, future nonresidential development demands approximately 5,284 square feet of police facilities (14,209 additional vehicle trips X 0.3719 square feet per vehicle trip). Future development demands approximately 26,257 square feet of police facilities at a cost of $14,441,510 (26,257 square feet X $550 per square foot). Existing residential development demands approximately 30,627 square feet of police facilities (44,205 persons X 0.6928 square feet per person) and existing nonresidential development demands approximately 7,616 square feet of police facilities (20,477 vehicle trips X 0.3719 square feet per job). Since Apache Junction currently provides 13,000 square feet of police facilities, existing development currently demands an additional 25,243 square feet of police facilities (38,243 square feet demanded by existing development – 13,000 square feet available to existing development) to reach the planned level of service. Existing development’s share of the planned police facilities is approximately $13,883,490 (25,243 square feet X $550 per square foot). Figure P8: Projected Demand Demand Unit Cost per Unit 0.6928 Square Feet per Person 0.3719 Square Feet per Vehicle Trip Residential Nonresidential Total 2021 44,205 20,477 30,627.1 7,615.6 38,242.7 2022 44,667 21,367 30,947.0 7,946.8 38,893.8 2023 47,334 22,258 32,795.1 8,278.0 41,073.1 2024 50,729 23,148 35,147.0 8,609.1 43,756.1 2025 54,123 24,039 37,498.8 8,940.3 46,439.1 2026 57,516 25,827 39,849.0 9,605.3 49,454.3 2027 60,908 27,615 42,199.2 10,270.4 52,469.6 2028 64,300 29,403 44,549.4 10,935.4 55,484.8 2029 67,692 31,191 46,899.6 11,600.4 58,500.0 2030 71,084 32,979 49,249.8 12,265.4 61,515.2 2031 74,476 34,685 51,600.0 12,900.0 64,500.0 10-Yr Increase 30,271 14,209 20,972.9 5,284.4 26,257.3 $11,535,098 $2,906,412 $14,441,510 $11,124,902 $2,758,588 $13,883,490 $22,660,000 $5,665,000 $28,325,000 Police Facilities $550 Type of Infrastructure Level of Service Demand for Police Facilities Year Peak Population Vehicle Trips Square Feet Non-Growth Expenditures Total Expenditures Growth-Related Expenditures DRAFT Land Use Assumptions, Infrastructure Improvements Plan, and Development Fee Report Apache Junction, Arizona 38 Police Vehicles – Incremental Expansion Apache Junction plans to maintain its existing level of service for police vehicles over the next 10 years. Based on a projected population increase of 30,271 persons, future residential development demands an additional 43.8 vehicles (30,271 additional persons X 0.0014 vehicles per person). With projected vehicle trip growth of 14,209 trips, future nonresidential development demands an additional 1.6 vehicles (14,209 additional vehicle trips X 0.0008 vehicles per vehicle trip). Future development demands approximately 55 police vehicles at a cost of $4,084,058 (54.9 units X $74,353 per vehicle). Figure P9: Projected Demand Demand Unit Cost per Unit 0.0014 Vehicles per Person 0.0008 Vehicles per Vehicle Trip Residential Nonresidential Total 2021 44,205 20,477 64.0 16.0 80.0 2022 44,667 21,367 64.7 16.7 81.4 2023 47,334 22,258 68.5 17.4 85.9 2024 50,729 23,148 73.4 18.1 91.5 2025 54,123 24,039 78.4 18.8 97.1 2026 57,516 25,827 83.3 20.2 103.5 2027 60,908 27,615 88.2 21.6 109.8 2028 64,300 29,403 93.1 23.0 116.1 2029 67,692 31,191 98.0 24.4 122.4 2030 71,084 32,979 102.9 25.8 128.7 2031 74,476 34,685 107.8 27.1 134.9 10-Yr Increase 30,271 14,209 43.8 11.1 54.9 $3,258,580 $825,478 $4,084,058 Police Vehicles $74,353 Type of Infrastructure Level of Service Peak Population Vehicle Trips Vehicles Demand for Police Vehicles Year Growth-Related Expenditures DRAFT Land Use Assumptions, Infrastructure Improvements Plan, and Development Fee Report Apache Junction, Arizona 39 Communication Equipment – Incremental Expansion Apache Junction plans to maintain its existing level of service for communication equipment over the next 10 years. Based on a projected population increase of 30,271 persons, future residential development demands an additional 93.1 units (30,271 additional persons X 0.0031 units per person). With projected vehicle trip growth of 14,209 trips, future nonresidential development demands an additional 23.6 units (14,209 additional vehicle trips X 0.0017 units per vehicle trip). Future development demands approximately 117 units at a cost of $1,110,687 (116.7 units X $9,516 per unit). Figure P10: Projected Demand Demand Unit Cost per Unit 0.0031 Units per Person 0.0017 Units per Vehicle Trip Residential Nonresidential Total 2021 44,205 20,477 136.0 34.0 170.0 2022 44,667 21,367 137.4 35.5 172.9 2023 47,334 22,258 145.6 37.0 182.6 2024 50,729 23,148 156.1 38.4 194.5 2025 54,123 24,039 166.5 39.9 206.4 2026 57,516 25,827 177.0 42.9 219.8 2027 60,908 27,615 187.4 45.9 233.2 2028 64,300 29,403 197.8 48.8 246.6 2029 67,692 31,191 208.3 51.8 260.0 2030 71,084 32,979 218.7 54.8 273.5 2031 74,476 34,685 229.1 57.6 286.7 10-Yr Increase 30,271 14,209 93.1 23.6 116.7 $886,193 $224,494 $1,110,687 Communication Equipment $9,516 Type of Infrastructure Level of Service Year Peak Population Vehicle Trips Demand for Communication Equipment Units Growth-Related Expenditures DRAFT Land Use Assumptions, Infrastructure Improvements Plan, and Development Fee Report Apache Junction, Arizona 40 POLICE FACILITIES DEVELOPMENT FEES Revenue Credit/Offset A revenue credit/offset is not necessary for police facilities development fees, because costs generated by projected development exceed revenues generated by projected development. Appendix A contains the forecast of revenues required by Arizona’s Enabling Legislation (ARS § 9-463.05(E)(7)). Police Facilities Development Fees Infrastructure components and cost factors for police facilities are summarized in the upper portion of Figure P11. The cost per service unit for police facilities is $518.59 per person and $278.82 per vehicle trip. Police facilities development fees for residential development are assessed according to the number of persons per household. The fee of $1,229 for single-family unit is calculated using a cost per service unit of $518.59 per person multiplied by a demand unit of 2.37 persons per household. Nonresidential development fees are calculated using vehicle trips as the service unit. The fee of $0.68 per square foot of industrial development is derived from a cost per service unit of $278.82 per vehicle trip, multiplied by a demand unit of 2.44 average weekday vehicle trips per 1,000 square feet, divided by 1,000. The fee of $1,115 per room of lodging development is derived from a cost per service unit of $278.82 per vehicle trip multiplied by a demand unit of 4.00 average weekday vehicle trips per room. Figure P11: Police Facilities Development Fees Fee Component Cost per Person Cost per Trip Police Facilities $381.06 $204.55 Police Vehicles $107.65 $58.10 Communication Equipment $29.28 $15.80 Development Fee Report $0.60 $0.37 Total $518.59 $278.82 Single Family 2.37 $1,229 $609 $620 Multi-Family 1.86 $965 $594 $371 Recreational Vehicle 1.83 $949 $461 $488 Industrial 2.44 $0.68 $0.27 $0.41 Commercial 12.21 $3.40 $1.37 $2.03 Office & Other Services 5.42 $1.51 $0.53 $0.98 Institutional 3.55 $0.99 $0.53 $0.46 Lodging (per room)4.00 $1,115 N/A N/A Assisted Living (per bed)1.30 $362 N/A N/A 1. See Land Use Assumptions Proposed FeesDevelopment Type Avg Weekday Vehicle Trips1 Current Fees Development Type Persons per Household1 Proposed Fees Residential Fees per Unit Nonresidential Fees per Square Foot Difference Difference Current Fees DRAFT Land Use Assumptions, Infrastructure Improvements Plan, and Development Fee Report Apache Junction, Arizona 41 POLICE FACILITIES DEVELOPMENT FEE REVENUE Appendix A contains revenue forecasts required by Arizona’s Enabling Legislation (ARS § 9-463.05(E)(7)). Projected fee revenue shown in Figure P12 is based on the development projections in the Land Use Assumptions document and the updated police facilities development fees. If development occurs faster than projected, the demand for infrastructure will increase along with development fee revenue. If development occurs slower than projected, the demand for infrastructure will decrease and development fee revenue will decrease at a similar rate. Projected development fee revenue equals $19,646,168, and projected expenditures equal $33,529,745. Existing development’s share of $13,883,490 may not be funded with development fees. Figure P12: Police Facilities Development Fee Revenue Growth Share Existing Share Total Police Facilities $14,441,510 $13,883,490 $28,325,000 Police Vehicles $4,084,058 $0 $4,084,058 Communication Equipment $1,110,687 $0 $1,110,687 Development Fee Report $10,000 $0 $10,000 Total $19,646,255 $13,883,490 $33,529,745 Single Family Multi-Family Industrial Commercial Office & Other Institutional $1,229 $965 $0.68 $3.40 $1.51 $0.99 per unit per unit per sq ft per sq ft per sq ft per sq ft Hsg Unit Hsg Unit KSF KSF KSF KSF Base 2021 14,919 1,712 623 1,160 587 454 Year 1 2022 15,033 1,815 679 1,207 616 459 Year 2 2023 16,040 1,966 735 1,255 644 464 Year 3 2024 17,342 2,132 791 1,302 673 469 Year 4 2025 18,644 2,298 847 1,350 702 475 Year 5 2026 19,945 2,464 895 1,474 727 481 Year 6 2027 21,246 2,630 943 1,598 752 488 Year 7 2028 22,547 2,796 991 1,721 777 494 Year 8 2029 23,848 2,962 1,039 1,845 802 501 Year 9 2030 25,149 3,128 1,087 1,969 827 508 Year 10 2031 26,450 3,294 1,108 2,081 875 515 11,531 1,582 485 921 288 61 $14,163,021 $1,525,035 $329,771 $3,133,644 $434,600 $60,097 $19,646,168 $33,529,745 Fee Component Projected Fee Revenue Total Expenditures Year 10-Year Increase Projected Revenue DRAFT Land Use Assumptions, Infrastructure Improvements Plan, and Development Fee Report Apache Junction, Arizona 42 STREET FACILITIES IIP ARS § 9-463.05 (T)(7)(e) defines the facilities and assets that can be included in the Street Facilities IIP: “Street facilities located in the service area, including arterial or collector streets or roads that have been designated on an officially adopted plan of the municipality, traffic signals and rights- of-way and improvements thereon.” The Street Facilities IIP includes components for arterials improvements and the cost of preparing the Street Facilities IIP and related Development Fee Report. The incremental expansion methodology, based on the current level of service, is used to calculate the components for arterials improvements, and the plan-based methodology is used for the Development Fee Report. Proportionate Share ARS § 9-463.05 (B)(3) states that the development fee shall not exceed a proportionate share of the cost of necessary public services needed to accommodate new development. The Street Facilities IIP and development fees will allocate the cost of necessary public services between residential and nonresidential based on trip generation rates, trip adjustment factors, and trip lengths. DRAFT Land Use Assumptions, Infrastructure Improvements Plan, and Development Fee Report Apache Junction, Arizona 43 Service Area Apache Junction plans to provide a uniform level of service and equal access to street facilities within the city; therefore, there is a single service area for the Street Facilities IIP. As defined by the Development Agreement for Superstition Vistas (October 2021), Apache Junction will not assess street facilities fees to development within the “Auction Property.” Figure S1: Street Facilities Service Area G:\D ata \Work ing\zScratchWorkspace\SCo llins\City Limits _Letter.m xd T o n t o N a t i o n a l F o r e s t Apache Trl G o l d C a n y o n C o m m u n i t y £¤60 Ironwood Dr Idaho Rd C e n t r a l A ri z o n a P r o j e c t C a n a l Supe rsti tio n Wilderne ss Area ¨x88 N A p a c h e T rl Old W est H wy Ma rico pa C ounty Pinal C ounty Maric opa Count y Pinal Count y Ellsworth Rd £¤60 Phoenix-Mesa Gateway Airport Q U E E N C R E E K M E S A ¨x24 vw202 LEGEND 0 10,000 20,000 Feet Marc h 28, 2022 ±National Forest Wilderness Area Airport Boundary Other Municpal Boundaries Queen Creek Mesa Municipal Boundary Pinal County Island County Boundary Auction Property S t r e e t F a c i l i t i e s S e r v i c e A r e a Retained Property A p a c h e Ju n ct i on DRAFT Land Use Assumptions, Infrastructure Improvements Plan, and Development Fee Report Apache Junction, Arizona 44 RATIO OF SERVICE UNIT TO DEVELOPMENT UNIT ARS § 9-463.05(E)(4) requires: “A table establishing the specific level or quantity of use, consumption, generation or discharge of a service unit for each category of necessary public services or facility expansions and an equivalency or conversion table establishing the ratio of a service unit to various types of land uses, including residential, commercial and industrial.” Apache Junction will use vehicle miles traveled (VMT) as the demand units for street facilities fees. Components used to determine VMT include average weekday vehicle trip generation rates, adjustments for commuting patterns and pass-by trips, and trip length weighting factors. Residential Trip Generation Rates As an alternative to simply using the national average trip generation rate for residential development, the ITE publishes regression curve formulas that may be used to derive custom trip generation rates, using local demographic data. Key independent variables needed for the analysis (i.e., vehicles available, housing units, households, and persons) are available from American Community Survey data. Shown in Figure S2, single-family units generate 8.42 average weekday vehicle trip ends per unit, and multi-family units generate 4.61 average weekday vehicle trip ends per unit. Figure S2: Average Weekday Vehicle Trip Ends by Housing Type Owner-Occupied 22,868 12,859 869 13,728 1.67 Renter-Occupied 5,857 2,366 1,512 3,878 1.51 Total 28,725 15,225 2,381 17,606 1.63 19,851 3,012 22,863 Persons in Trip Vehicles by Trip Average Households4 Ends5 Type of Unit Ends6 Trip Ends Single-Family 36,025 100,412 24,994 233,807 167,109 8.42 Multi-Family 4,408 10,030 3,731 17,751 13,891 4.61 Total 40,433 110,442 28,725 251,558 181,000 7.92 1. Vehicles available by tenure from Table B25046, American Community Survey, 2015-2019 5-Year Estimates. 2. Households by tenure and units in structure from Table B25032, American Community Survey, 2015-2019 5-Year Estimates. 3. Housing units from Table B25024, American Community Survey, 2015-2019 5-Year Estimates. 4. Total population in households from Table B25033, American Community Survey, 2015-2019 5-Year Estimates. 7. Trip Generation , Institute of Transportation Engineers, 11th Edition (2021). Households by Structure Type2 Vehicles per HH by Tenure Housing Units3 Units in Structure Local Trip Ends per Unit 6. Vehicle trip ends based on vehicles available using formulas from Trip Generation (ITE 2021). For single-family housing (ITE 210), the fitted curve equation is EXP(0.92*LN(vehicles)+2.68). To approximate the average number of vehicles in the ITE studies, vehicles available were divided by 97 and the equation result multiplied by 97. For multi-family housing (ITE 221), the fitted curve equation is Tenure by Units in Structure Vehicles Available1 Single-Family Multi-Family Total 5. Vehicle trips ends based on persons using formulas from Trip Generation (ITE 2021). For single-family housing (ITE 210), the fitted curve equation is EXP(0.89*LN(persons)+1.72). To approximate the average population of the ITE studies, persons were divided by 65 and the equation result multiplied by 65. For multi-family housing (ITE 221), the fitted curve equation is (2.29*persons)-64.48 (ITE DRAFT Land Use Assumptions, Infrastructure Improvements Plan, and Development Fee Report Apache Junction, Arizona 45 Nonresidential Trip Generation Rates For nonresidential development, TischlerBise uses trip generation rates published in Trip Generation, Institute of Transportation Engineers, 11th Edition (2021). The prototype for industrial development is Light Industrial (ITE 110) which generates 4.87 average weekday vehicle trip ends per 1,000 square feet of floor area. Assisted living development uses Assisted Living (ITE 254) as a proxy and generates 2.60 average weekday vehicle trip ends per bed. For lodging development, the proxy is Hotel (ITE 310), and this type of development generates 7.99 average weekday vehicle trip ends per room. Institutional development uses Hospital (ITE 610) and generates 10.77 average weekday vehicle trip ends per 1,000 square feet of floor area. For office & other services development, the proxy is General Office (ITE 710), and it generates 10.84 average weekday vehicle trip ends per 1,000 square feet of floor area. The prototype for commercial development is Shopping Center (ITE 820) which generates 37.01 average weekday vehicle trips per 1,000 square feet of floor area. Figure S3: Average Weekday Vehicle Trip Ends by Land Use ITE Demand Wkdy Trip Ends Wkdy Trip Ends Emp Per Sq Ft Code Unit Per Dmd Unit1 Per Employee1 Dmd Unit Per Emp 110 Light Industrial 1,000 Sq Ft 4.87 3.10 1.57 637 130 Industrial Park 1,000 Sq Ft 3.37 2.91 1.16 864 140 Manufacturing 1,000 Sq Ft 4.75 2.51 1.89 528 150 Warehousing 1,000 Sq Ft 1.71 5.05 0.34 2,953 254 Assisted Living bed 2.60 4.24 0.61 na 310 Hotel room 7.99 14.34 0.56 na 610 Hospital 1,000 Sq Ft 10.77 3.77 2.86 350 620 Nursing Home bed 3.06 3.31 0.92 na 710 General Office (avg size)1,000 Sq Ft 10.84 3.33 3.26 307 720 Medical-Dental Office 1,000 Sq Ft 36.00 8.71 4.13 242 730 Government Office 1,000 Sq Ft 22.59 7.45 3.03 330 770 Business Park 1,000 Sq Ft 12.44 4.04 3.08 325 820 Shopping Center (avg size)1,000 Sq Ft 37.01 17.42 2.12 471 1. Trip Generation, Institute of Transportation Engineers, 11th Edition (2021). Land Use / Size DRAFT Land Use Assumptions, Infrastructure Improvements Plan, and Development Fee Report Apache Junction, Arizona 46 Trip Rate Adjustments To calculate street facilities fees, trip generation rates require an adjustment factor to avoid double counting each trip at both the origin and destination points. Therefore, the basic trip adjustment factor is 50 percent. As discussed further in this section, the development fee methodology includes additional adjustments to make the fees proportionate to the infrastructure demand for particular types of development. Commuter Trip Adjustment Residential development has a larger trip adjustment factor of 64 percent to account for commuters leaving Apache Junction for work. According to the 2009 National Household Travel Survey (see Table 30) weekday work trips are typically 31 percent of production trips (i.e., all out-bound trips, which are 50 percent of all trip ends). As shown in Figure S4, the U.S. Census Bureau’s OnTheMap web application indicates 92 percent of resident workers traveled outside of Apache Junction for work in 2018. In combination, these factors (0.31 x 0.50 x 0.92 = 0.14) support the additional 14 percent allocation of trips to residential development. Figure S4: Commuter Trip Adjustment Adjustment for Pass-By Trips For commercial and institutional development, the trip adjustment factor is less than 50 percent because these types of development attract vehicles as they pass by on arterial and collector roads. For example, when someone stops at a convenience store on the way home from work, the convenience store is not the primary destination. For the average shopping center, ITE data indicate 34 percent of the vehicles that enter are passing by on their way to some other primary destination. The remaining 66 percent of attraction trips have the commercial site as their primary destination. Because attraction trips are half of all trips, the trip adjustment factor is 66 percent multiplied by 50 percent, or approximately 33 percent of the trip ends. Trip Adjustment Factor for Commuters1 Employed Residents 14,729 Residents Living and Working in Apache Junction 1,207 Residents Commuting Outside Apache Junction for Work 13,522 Percent Commuting out of Apache Junction 92% Additional Production Trips2 14% Residential Trip Adjustment Factor 64% 1. U.S. Census Bureau, OnTheMap Application (version 6.8) and LEHD Origin-Destination Employment Statistics, 2018. 2. According to the National Household Travel Survey (2009)*, published in December 2011 (see Table 30), home-based work trips are typically 30.99 percent of “production” trips, in other words, out-bound trips (which are 50 percent of all trip ends). Also, LED OnTheMap data from 2018 indicate that 92 percent of Apache Junction's workers travel outside the city for work. In combination, these factors (0.3099 x 0.50 x 0.92 = 0.14) account for 14 percent of additional production trips. The total adjustment factor for residential includes attraction trips (50 percent of trip ends) plus the journey-to-work commuting adjustment (14 percent of production trips) for a total of 64 percent. *http://nhts.ornl.gov/publications.shtml ; Summary of Travel Trends - Table "Daily Travel Statistics by Weekday vs. Weekend" DRAFT Land Use Assumptions, Infrastructure Improvements Plan, and Development Fee Report Apache Junction, Arizona 47 Average Weekday Vehicle Trips Shown below in Figure S5, multiplying average weekday vehicle trip ends and trip adjustment factors (discussed on the previous page) by Apache Junction’s existing development units provides the average weekday vehicle trips generated by existing development. As shown below, Apache Junction’s existing development in the street facilities service area generates 107,806 vehicle trips on an average weekday. Figure S5: Average Weekday Vehicle Trips by Land Use National Average Trip Length To calculate street facilities fees, it is necessary to determine the average trip length on Apache Junction’s arterial network. To do this, the analysis uses national trip generation rates and average trip lengths from the 2017 National Household Travel Survey. Figure S6: National Average Trip Lengths Development Development ITE Avg Wkday Trip 2021 2021 Type Unit Code VTE Adjustment Dev Units Veh Trips Single Family HU 210 8.42 64%14,919 80,396 Multi-Family HU 220 4.61 64%1,712 5,051 Recreational Vehicle HU 260 4.61 64%638 1,882 Industrial KSF 110 4.87 50%623 1,518 Commercial KSF 820 37.01 33%1,160 14,163 Office & Other Services KSF 710 10.84 50%587 3,182 Institutional KSF 610 10.77 33%454 1,614 Total 107,806 Residential 12.32 Industrial 7.70 Commercial/Retail 7.90 Office and Other 7.70 Institutional 7.70 Land Use National Avg Trip Length (miles) Source: U.S. Department of Transportation, Federal Highway Administration, 2017 National Household Transportation Survey, adjusted for land use DRAFT Land Use Assumptions, Infrastructure Improvements Plan, and Development Fee Report Apache Junction, Arizona 48 Expected Vehicle Miles Traveled The national average trip length should be adjusted to reflect actual local demand on Apache Junction’s arterial network. To do this, TischlerBise determines expected demand (VMT) on Apache Junction’s complete transportation network by multiplying the national average trip lengths by average weekday vehicle trips. Based on this analysis, Apache Junction’s existing development generates an expected 1,236,396 VMT. Figure S7: Expected Vehicle Miles Traveled Local Adjustment Factor Expected VMT reflects anticipated travel demand on the entire roadway system; therefore, it is necessary to calibrate demand to the arterial system. To calibrate demand on the arterial system, actual travel demand, based on local traffic counts obtained from the Arizona Department of Transportation (Appendix E), is compared to expected travel demand. The ratio between actual VMT and expected VMT provides the local adjustment factor used to adjust national average trip lengths by type of land use. Figure S8: Local Adjustment Factor Single Family 80,396 12.32 990,473 Multi-Family 5,051 12.32 62,229 Recreational Vehicle 1,882 12.32 23,191 Industrial 1,518 7.70 11,688 Commercial 14,163 7.90 111,884 Office & Other Services 3,182 7.70 24,502 Institutional 1,614 7.70 12,429 Total 1,236,396 1. Average weekday vehicle trips from Figure S4 2. 2017 National Household Transportation Survey 3. TischlerBise calculation, Average Weekday Vehicle Trips X National Average Trip Length Land Use Avg Weekday Vehicle Trips1 Expected VMT3National Avg Trip Length (miles)2 Actual VMT on Arterials1 205,513 Expected VMT on Arterials 1,236,396 Actual to Expected VMT 0.17 1. TischlerBise analysis of trip counts provided by the City of Apache Junction, AZ Local Adjustment Factor DRAFT Land Use Assumptions, Infrastructure Improvements Plan, and Development Fee Report Apache Junction, Arizona 49 Local Trip Lengths Shown below in Figure S9, TischlerBise applies the local adjustment factor to the national average trip lengths to calculate the local trip lengths. The analysis will use the local trip lengths shown below to calculate VMT. Figure S9: Local Trip Lengths Local Vehicle Miles Traveled Shown below are the demand indicators for residential and nonresidential land uses related to vehicle miles traveled (VMT). For residential development, the table displays VMT per housing unit. For nonresidential development, the table displays VMT generated per 1,000 square feet of floor area (per room for lodging, and per bed for assisted living). Figure S10: Ratio of Service Unit to Development Unit Residential 12.32 0.17 2.05 Industrial 7.70 0.17 1.28 Commercial/Retail 7.90 0.17 1.31 Office and Other 7.70 0.17 1.28 Institutional 7.70 0.17 1.28 Source: 2017 NHTS and TischlerBise analysis; local adjustment from Figure S7 Land Use National Avg Trip Length (miles) Local Adjustment Local Trip Length Average Trip Avg Wkdy VMT Length (miles)per Unit Single Family 8.42 64%2.05 11.04 Multi-Family 4.61 64%2.05 6.04 Recreational Vehicle 4.61 64%2.05 6.04 Average Trip Avg Wkdy VMT Length (miles)per 1,000 Sq Ft1 Industrial 4.87 50%1.28 3.12 Commercial 37.01 33%1.31 16.04 Office & Other Services 10.84 50%1.28 6.94 Institutional 10.77 33%1.28 4.55 Lodging (per room)7.99 50%1.31 5.25 Assisted Living (per bed)2.60 50%1.28 1.66 1. See Land Use Assumptions Development Type AWVTE per 1,000 Sq Ft1 Trip Adjustment 1 Residential Development Development Type AWVTE per unit1 Trip Adjustment 1 Nonresidential Development DRAFT Land Use Assumptions, Infrastructure Improvements Plan, and Development Fee Report Apache Junction, Arizona 50 ANALYSIS OF CAPACITY, USAGE, AND COSTS OF EXISTING PUBLIC SERVICES ARS § 9-463.05(E)(1) requires: “A description of the existing necessary public services in the service area and the costs to upgrade, update, improve, expand, correct or replace those necessary public services to meet existing needs and usage and stricter safety, efficiency, environmental or regulatory standards, which shall be prepared by qualified professionals licensed in this state, as applicable.” ARS § 9-463.05(E)(2) requires: “An analysis of the total capacity, the level of current usage and commitments for usage of capacity of the existing necessary public services, which shall be prepared by qualified professionals licensed in this state, as applicable.” As shown in Appendix E, the City of Apache Junction provided an inventory of arterial road segments, including segment lengths and lane quantities. TischlerBise obtained average daily traffic (ADT) counts from the Arizona Department of Transportation. Multiplying each segment’s length by the number of lanes yields the number of lane miles per segment, and multiplying the traffic counts and segment lengths provides the average weekday vehicle miles traveled (VMT). Apache Junction’s arterial road network consists of 165.37 lane miles and 205,513 VMT. Shown below, Figure S11 documents the capacity of Apache Junction’s arterial road network. Apache Junction’s arterial road network is designed to operate at Level of Service D or better. Based on data published by the Florida Department of Transportation, a mile segment of an arterial road operating at Level of Service D should maintain a daily volume ranging from 12,300 vehicles for a two-lane arterial without left-turn lanes (6,150 vehicles per lane) to 32,700 vehicles for a four-lane arterial with raised medians and left-turn lanes (8,175 vehicles per lane). Applying these capacities to Apache Junction’s arterial road network shown in Appendix E generates arterial capacity of 1,059,803 vehicle miles of capacity (VMC) and a weighted average of 6,409 vehicles per lane (1,059,803 VMC / 165.37 arterial lane miles). As noted above, current daily volume on Apache Junction’s arterial road network is approximately 205,513 VMT. The resulting VMC to VMT ratio is 5.16 (1,059,803 VMC / 205,513 VMT). The baseline VMC / VMT ratio for any incremental expansion method is 1.0 (i.e., VMC = VMT); therefore, the current ratio of 5.16 exceeds the current LOS ensuring new capacity built with development fee funds will not exceed the current LOS. Figure S11: Arterial Network Capacity and Usage Total Arterial Lane Miles 165.37 Capacity per Lane Mile 6,409 Vehicle Miles of Capacity 1,059,803 Vehicle Miles of Travel 205,513 VMC / VMT Ratio 5.16 Arterial Capacity Ratio DRAFT Land Use Assumptions, Infrastructure Improvements Plan, and Development Fee Report Apache Junction, Arizona 51 Arterial Improvements – Incremental Expansion Apache Junction provided a list of arterial improvements to use as a proxy for future growth-related arterial improvements. Based on the eligible cost of these projects (excludes the cost to repair or replace existing lanes), the weighted average cost is $1,879,525 per lane mile ($111,267,879 eligible cost / 59.20 lane miles). TischlerBise will apply the weighted average cost per lane mile to the projected demand for additional lane miles of arterial improvements over the next 10 years. Apache Junction may use development fees to construct the projects shown in Figure S12 or to construct other growth-related arterial improvements in the street facilities service area. Apache Junction should not use development fees to construct a developer’s share of half-street improvements. Figure S12: Potential Arterial Improvements Project Segment Widen to New Lanes Miles Lane Miles Eligible Cost Baseline Avenue Meridian Drive to Ironwood Drive 4 Lanes 3 1.00 3.00 $6,000,000 Baseline Avenue Ironwood Drive - East Goldfield Road 5 Lanes 3 3.00 9.00 $16,000,000 Broadway Ave Old West Hwy to Mountainview Road 1 Lane 1 2.50 2.50 $3,250,000 Delaware Drive Superstition Blvd to Lost Dutchman 3 Lanes 1 0.90 0.90 $1,950,000 Goldfield Road Old West Hwy to Lost Dutchman 1 Lane 1 3.00 3.00 $3,600,000 Guadalupe Avenue Meridian Drive to Delaware Drive 4 Lanes 2 0.70 1.40 $2,689,697 Idaho Road US 60 to Baseline Avenue 6 Lanes 2 0.50 1.00 $2,800,000 Ironwood Drive Superstition Blvd to Lost Dutchman 3 Lanes 1 1.00 1.00 $1,700,000 Ironwood Drive US 60 to Baseline Avenue 6 Lanes 2 0.50 1.00 $3,939,394 Ironwood Drive Baseline Avenue to Elliot Avenue 6 Lanes 2 2.00 4.00 $7,224,243 Ironwood Drive Ray Avenue to SR24 New 6 Lanes 2 1.50 3.00 $6,597,796 Meridian Drive Lost Dutchman to Apache Trail 3 Lanes 1 1.50 1.50 $2,550,000 Meridian Drive Apache Trail to Southern Avenue 5 Lanes 3 1.50 4.50 $9,000,000 Meridian Drive Baseline Avenue to Houston Avenue New 6 Lanes 6 0.50 3.00 $4,768,044 Meridian Drive Elliot Avenue to Guadalupe Avenue New 6 Lanes 3 1.00 3.00 $5,331,497 Meridian Drive Ray Avenue to SR24 6 Lanes 3 1.50 4.50 $7,157,208 Southern Avenue San Marcos to Idaho 5 Lanes 3 0.50 1.50 $3,000,000 Southern Avenue Meridian Drive to Delaware Drive 5 Lanes 3 0.50 1.50 $3,000,000 Southern Avenue Tomahawk to Old West Hwy New 3 Lanes 3 1.00 3.00 $6,000,000 Superstition Ave SR 88 to Arroya Road 1 Lane 1 2.30 2.30 $3,310,000 Tomahawk Road US 60 to Old West Highway 5 Lanes 2 1.30 2.60 $5,500,000 Tomahawk Road Old West Hwy to SR 88 1 Lane 1 2.00 2.00 $2,900,000 Intersection Ironwood Drive & 36th Avenue Traffic Signal 0 0.00 0.00 $1,000,000 Intersection Ironwood Drive & Baseline Avenue Traffic Signal 0 0.00 0.00 $1,000,000 Intersection Southern Avenue & Delaware Drive Traffic Signal 0 0.00 0.00 $1,000,000 Total 59.20 $111,267,879 Source: Apache Junction Public Works Department DRAFT Land Use Assumptions, Infrastructure Improvements Plan, and Development Fee Report Apache Junction, Arizona 52 To allocate the proportionate share of demand for arterial improvements to residential and nonresidential development, this analysis uses trip generation rates, trip adjustment factors, trip length weighting factors, and average trip lengths shown in Figure S10. Apache Junction’s existing LOS is 1.5604 lane miles per 10,000 VMT (165.37 lane miles / 5.16 capacity ratio / (205,513 VMT / 10,000 VMT)). Based on a weighted average cost of $1,879,525 per lane mile, the arterial improvements cost is $293.28 per VMT (165.37 lane miles / 5.16 capacity ratio / 205,513 VMT X $1,879,525 per lane mile). Figure S13: Arterial Level of Service Development Fee Report – Plan-Based The cost to prepare the Street Facilities IIP and related Development Fee Report totals $18,720. Apache Junction plans to update its report every five years. Based on this cost, proportionate share, and five-year projections of new residential and nonresidential development from the Land Use Assumptions document, the cost is $1.23 per VMT. Figure S14: IIP and Development Fee Report Eligible Cost $111,267,879 ÷ Lane Miles 59.20 Weighted Average per Lane Mile $1,879,525 Existing Lane Miles 165.37 ÷ VMC / VMT Ratio 5.16 Adjusted Lane Miles 32.07 2021 VMT 205,513 Lane Miles per 10,000 VMT 1.5604 Cost per VMT $293.28 Source: Apache Junction Public Works Department Cost Factors Level-of-Service (LOS) Standards Necessary Public Service Cost Service Unit 5-Year Change Cost per Service Unit Residential 97%Peak Population 13,310 $0.43 Nonresidential 3%Jobs 1,625 $0.11 Residential 97%Peak Population 2,314 $6.33 Nonresidential 3%Jobs 1,468 $0.31 Residential 80%Peak Population 13,310 $0.60 Nonresidential 20%Vehicle Trips 5,350 $0.37 Total $49,720 Proportionate Share Library Parks and Recreational Police $5,900 $15,100 $10,000 15,204 $1.23Street$18,720 All Development 100%VMT DRAFT Land Use Assumptions, Infrastructure Improvements Plan, and Development Fee Report Apache Junction, Arizona 53 PROJECTED DEMAND FOR SERVICES AND COSTS ARS § 9-463.05(E)(5) requires: “The total number of projected service units necessitated by and attributable to new development in the service area based on the approved land use assumptions and calculated pursuant to generally accepted engineering and planning criteria.” ARS § 9-463.05(E)(6) requires: “The projected demand for necessary public services or facility expansions required by new service units for a period not to exceed ten years.” As shown in the Land Use Assumptions document, Apache Junction’s housing stock in the street facilities service area is expected to increase by 2,173 units and nonresidential floor area is expected to increase by 1,311,000 square feet over the next 10 years. Based on the trip generation factors discussed in this section, projected development generates an additional 30,240 VMT over the next 10 years. Shown below in Figure S15, Apache Junction will need to construct approximately 4.7 lane miles of arterial improvements over the next 10 years to maintain the existing levels of service. The growth-related cost of the Street Facilities IIP is $8,868,716 for arterial improvements ($1,879,525 per lane mile X 4.7 lane miles). Figure S15: Projected Travel Demand Base 1 2 3 4 5 10 10-Year 2021 2022 2023 2024 2025 2026 2031 Increase Single Family Units 14,919 15,033 15,147 15,261 15,375 15,488 16,053 1,134 Multi-Family Units 1,712 1,815 1,919 2,023 2,127 2,231 2,751 1,039 Recreational Vehicle Units 638 638 638 638 638 638 638 0 Industrial KSF 623 679 735 791 847 895 1,108 485 Commercial KSF 1,160 1,207 1,255 1,302 1,350 1,400 1,637 478 Office & Other Services KSF 587 616 644 673 702 727 875 288 Institutional KSF 454 459 464 469 475 481 515 61 Single-Family Trips 80,396 81,010 81,624 82,238 82,853 83,462 86,506 6,111 Multi-Family Trips 5,051 5,355 5,662 5,969 6,276 6,582 8,117 3,065 Recreational Vehicle Trips 1,882 1,882 1,882 1,882 1,882 1,882 1,882 0 Residential Trips 87,329 88,247 89,168 90,089 91,011 91,926 96,505 9,176 Industrial Trips 1,518 1,654 1,790 1,926 2,061 2,178 2,699 1,181 Commercial Trips 14,163 14,744 15,325 15,906 16,487 17,096 19,999 5,836 Office & Other Services Trips 3,182 3,338 3,493 3,648 3,804 3,939 4,742 1,560 Institutional Trips 1,614 1,632 1,650 1,669 1,687 1,710 1,830 216 Nonresidential Trips 20,477 21,367 22,258 23,148 24,039 24,924 29,270 8,793 Total Vehicle Trips 107,806 109,614 111,426 113,238 115,049 116,850 125,775 17,970 VMT Vehicle Miles Traveled (VMT)205,513 208,553 211,598 214,643 217,689 220,718 235,753 30,240 Arterial Lane Miles 0.5 0.5 0.5 0.5 0.5 0.5 4.7 Arterial Cost $891,371 $893,143 $893,143 $893,143 $888,346 $856,186 $8,868,716 Apache Junction, Arizona De v e l o p m e n t Av g W e e k d a y V e h i c l e T r i p s Ne e d DRAFT Land Use Assumptions, Infrastructure Improvements Plan, and Development Fee Report Apache Junction, Arizona 54 STREET FACILITIES DEVELOPMENT FEES Revenue Credit/Offset A revenue credit/offset is not necessary for street facilities development fees, because costs generated by projected development exceed revenues generated by projected development. Appendix A contains the forecast of revenues required by Arizona’s Enabling Legislation (ARS § 9-463.05(E)(7)). Street Facilities Development Fees Infrastructure components and cost factors for street facilities are summarized in the upper portion of Figure S16. The cost per service unit for street facilities is $294.51 per VMT. Street facilities development fees for residential development are assessed according to VMT generated per housing unit. For example, the fee of $3,250 for a single-family unit is calculated using a cost per service unit of $294.51 per VMT multiplied by a demand unit of 11.04 average weekday VMT per unit. Nonresidential development fees are calculated using VMT as the service unit. The fee of $0.92 per square foot of industrial development is derived from a cost per service unit of $294.51 per VMT, multiplied by a demand unit of 3.12 average weekday VMT per 1,000 square feet, divided by 1,000. The fee of $1,545 per room of lodging development is derived from a cost per service unit of $294.51 per VMT, multiplied by a demand unit of 5.25 average weekday VMT per room. Figure S16: Street Facilities Development Fees Fee Component Cost per VMT Arterial Improvements $293.28 Development Fee Report $1.23 Total $294.51 Avg Wkdy VMT per Unit1 Single Family 11.04 $3,250 $3,151 $99 Multi-Family 6.04 $1,779 $2,117 ($338) Recreational Vehicle 6.04 $1,779 $2,117 ($338) Avg Wkdy VMT per 1,000 Sq Ft1 Industrial 3.12 $0.92 $1.19 ($0.27) Commercial 16.04 $4.72 $6.14 ($1.42) Office & Other Services 6.94 $2.04 $2.34 ($0.30) Institutional 4.55 $1.34 $2.34 ($1.00) Lodging (per room)5.25 $1,545 N/A N/A Assisted Living (per bed)1.66 $490 N/A N/A 1. See Land Use Assumptions Residential Fees per Unit Nonresidential Fees per Square Foot Current Fees Difference Current Fees DifferenceDevelopment Type Proposed Fees Development Type Proposed Fees DRAFT Land Use Assumptions, Infrastructure Improvements Plan, and Development Fee Report Apache Junction, Arizona 55 STREET FACILITIES DEVELOPMENT FEE REVENUE Appendix A contains revenue forecasts required by Arizona’s Enabling Legislation (ARS § 9-463.05(E)(7)). Projected fee revenue shown in Figure S17 is based on the development projections in the Land Use Assumptions document and the updated street facilities development fees. If development occurs faster than projected, the demand for infrastructure will increase along with development fee revenue. If development occurs slower than projected, the demand for infrastructure will decrease and development fee revenue will decrease at a similar rate. Projected development fee revenue equals approximately $8,887,428, and projected expenditures equal $8,887,436. Figure S17: Street Facilities Development Fee Revenue Growth Share Existing Share Total Arterial Improvements $8,868,716 $0 $8,868,716 Development Fee Report $18,720 $0 $18,720 Total $8,887,436 $0 $8,887,436 Single Family Multi-Family Industrial Commercial Office & Other Institutional $3,250 $1,779 $0.92 $4.72 $2.04 $1.34 per unit per unit per sq ft per sq ft per sq ft per sq ft Hsg Unit Hsg Unit KSF KSF KSF KSF Base 2020 14,919 1,712 623 1,160 587 454 Year 1 2021 15,033 1,815 679 1,207 616 459 Year 2 2022 15,147 1,919 735 1,255 644 464 Year 3 2023 15,261 2,023 791 1,302 673 469 Year 4 2024 15,375 2,127 847 1,350 702 475 Year 5 2025 15,488 2,231 895 1,400 727 481 Year 6 2026 15,601 2,335 943 1,450 752 488 Year 7 2027 15,714 2,439 991 1,500 777 494 Year 8 2028 15,827 2,543 1,039 1,550 802 501 Year 9 2029 15,940 2,647 1,087 1,600 827 508 Year 10 2030 16,053 2,751 1,108 1,637 875 515 1,134 1,039 485 478 288 61 $3,677,848 $1,844,935 $444,303 $2,252,451 $586,680 $81,211 $8,887,428 $8,887,436 10-Year Increase Projected Revenue Projected Fee Revenue Total Expenditures Fee Component Year DRAFT Land Use Assumptions, Infrastructure Improvements Plan, and Development Fee Report Apache Junction, Arizona 56 APPENDIX A: FORECAST OF REVENUES OTHER THAN FEES ARS § 9-463.05(E)(7) requires: “A forecast of revenues generated by new service units other than development fees, which shall include estimated state-shared revenue, highway users revenue, federal revenue, ad valorem property taxes, construction contracting or similar excise taxes and the capital recovery portion of utility fees attributable to development based on the approved land use assumptions, and a plan to include these contributions in determining the extent of the burden imposed by the development as required in subsection B, paragraph 12 of this section.” ARS § 9-463.05(B)(12) states, “The municipality shall forecast the contribution to be made in the future in cash or by taxes, fees, assessments or other sources of revenue derived from the property owner towards the capital costs of the necessary public service covered by the development fee and shall include these contributions in determining the extent of the burden imposed by the development. Beginning August 1, 2014, for purposes of calculating the required offset to development fees pursuant to this subsection, if a municipality imposes a construction contracting or similar excise tax rate in excess of the percentage amount of the transaction privilege tax rate imposed on the majority of other transaction privilege tax classifications, the entire excess portion of the construction contracting or similar excise tax shall be treated as a contribution to the capital costs of necessary public services provided to development for which development fees are assessed, unless the excess portion was already taken into account for such purpose pursuant to this subsection.” REVENUE PROJECTIONS Apache Junction does not have a higher-than-normal construction excise tax rate; therefore, the required offset described above is not applicable. Shown in Figure A1, Apache Junction provided the required forecast of non-development fee revenue from identified sources that can be attributed to future development over a period of five years. These funds are available for capital investments; however, the City of Apache Junction directs these revenues to non-development fee eligible capital needs including maintenance, repair, and replacement. Figure A1: Revenue Projections WE WILL DEVELOP THIS PRIOR TO STARTING THE DEVELOPMENT FEE ADOPTION PROCESS. DRAFT Land Use Assumptions, Infrastructure Improvements Plan, and Development Fee Report Apache Junction, Arizona 57 APPENDIX B: PROFESSIONAL SERVICES As stated in Arizona’s development fee enabling legislation, “a municipality may assess development fees to offset costs to the municipality associated with providing necessary public services to a development, including the costs of infrastructure, improvements, real property, engineering and architectural services, financing and professional services required for the preparation or revision of a development fee pursuant to this section, including the relevant portion of the infrastructure improvements plan” (see ARS § 9- 463.05.A). Because development fees must be updated at least every five years, the cost of professional services is allocated to the projected increase in service units, over five years (see Figure B1). Qualified professionals must develop the IIP, using generally accepted engineering and planning practices. A qualified professional is defined as “a professional engineer, surveyor, financial analyst or planner providing services within the scope of the person's license, education or experience”. Figure B1: Cost of Professional Services Necessary Public Service Cost Service Unit 5-Year Change Cost per Service Unit Residential 97%Peak Population 13,310 $0.43 Nonresidential 3%Jobs 1,625 $0.11 Residential 97%Peak Population 2,314 $6.33 Nonresidential 3%Jobs 1,468 $0.31 Residential 80%Peak Population 13,310 $0.60 Nonresidential 20%Vehicle Trips 5,350 $0.37 Total $49,720 Proportionate Share Library Parks and Recreational Police $5,900 $15,100 $10,000 15,204 $1.23Street$18,720 All Development 100%VMT DRAFT Land Use Assumptions, Infrastructure Improvements Plan, and Development Fee Report Apache Junction, Arizona 58 APPENDIX C: LAND USE DEFINITIONS RESIDENTIAL DEVELOPMENT As discussed below, residential development categories are based on data from the U.S. Census Bureau, American Community Survey. Development fees will be assessed to all new residential units. One-time development fees are determined by site capacity (i.e., number of residential units). Single Family: 1. Single-family detached is a one-unit structure detached from any other house, that is, with open space on all four sides. Such structures are considered detached even if they have an adjoining shed or garage. A one-family house that contains a business is considered detached if the building has open space on all four sides. 2. Single-family attached (townhouse) is a one-unit structure that has one or more walls extending from ground to roof separating it from adjoining structures. In row houses (sometimes called townhouses), double houses, or houses attached to nonresidential structures, each house is a separate, attached structure if the dividing or common wall goes from ground to roof. 3. Mobile home includes both occupied and vacant mobile homes, to which no permanent rooms have been added. Mobile homes used only for business purposes or for extra sleeping space and mobile homes for sale on a dealer's lot, at the factory, or in storage are not counted in the housing inventory. Multi-Family: 1. Includes units in structures containing two or more housing units, further categorized as units in structures with “2, 3 or 4, 5 to 9, 10 to 19, 20 to 49, and 50 or more apartments.” Recreational Vehicle: 1. Includes any living quarters occupied as a housing unit that does not fit the other categories (e.g., houseboats, railroad cars, campers, and vans). Recreational vehicles, boats, vans, railroad cars, and the like are included only if they are occupied as a current place of residence. DRAFT Land Use Assumptions, Infrastructure Improvements Plan, and Development Fee Report Apache Junction, Arizona 59 NONRESIDENTIAL DEVELOPMENT The proposed general nonresidential development categories (defined below) can be used for all new construction. Nonresidential development categories represent general groups of land uses that share similar average weekday vehicle trip generation rates and employment densities (i.e., jobs per thousand square feet of floor area). Assisted Living: Establishments primarily providing either routine general protective oversight, assistance with activities necessary for independent living to mentally or physically limited persons, or establishments providing care for persons who are unable to care for themselves. By way of example, Assisted Living includes assisted living facilities, nursing homes, rest homes, chronic care homes, and convalescent homes. Commercial: Establishments primarily selling merchandise, eating/drinking places, and entertainment uses. By way of example, commercial includes shopping centers, supermarkets, pharmacies, restaurants, bars, nightclubs, automobile dealerships, and movie theaters. Industrial: Establishments primarily engaged in the production, transportation, or storage of goods. By way of example, industrial includes manufacturing plants, distribution warehouses, trucking companies, utility substations, power generation facilities, and telecommunications buildings. Institutional: Public and quasi-public buildings providing educational, social assistance, or religious services. By way of example, institutional includes schools, universities, churches, daycare facilities, and government buildings. Lodging: A place of lodging that provides sleeping accommodations and may include supporting facilities such as restaurants, cocktail lounges, meeting and banquet rooms or convention facilities, limited recreational facilities (pool, fitness room, etc.), and/or other retail and service shops. Office and Other Services: Establishments providing management, administrative, professional, or business services; personal and health care services. By way of example, Office and Other services includes banks, business offices, hotels and motels, and hospitals. DRAFT Land Use Assumptions, Infrastructure Improvements Plan, and Development Fee Report Apache Junction, Arizona 60 APPENDIX D: LAND USE ASSUMPTIONS Arizona’s Development Fee Act requires the preparation of Land Use Assumptions, which are defined in Arizona Revised Statutes § 9-463.05(T)(6) as: “projections of changes in land uses, densities, intensities and population for a specified service area over a period of at least ten years and pursuant to the General Plan of the municipality.” The estimates and projections of residential and nonresidential development in this Land Use Assumptions document are for all areas within Apache Junction. The current demographic estimates and future development projections will be used in the Infrastructure Improvements Plan (IIP) and in the calculation of development fees. Current demographic data estimates for 2021 are used in calculating levels of service (LOS) provided to existing development in Apache Junction. Arizona’s Enabling Legislation requires fees to be updated at least every five years and limits the IIP to a maximum of 10 years. The Infrastructure Improvements Plan and the Development Fee Report include two service areas. The citywide service area, shown in Figure A1, includes all areas of Apache Junction. This service area is used for the Library Facilities IIP and the Police Facilities IIP. The second service area excludes the Auction Property, known as Superstition Vistas, due to the terms of Development Agreement for Superstition Vistas (October 2021). This service area, shown in Figure A2, is used for the Parks and Recreational Facilities IIP and the Street Facilities IIP. SUMMARY OF GROWTH INDICATORS Key land use assumptions include population, housing units, and employment projections. Based on discussions with staff, TischlerBise projects development based on a combination of Maricopa Association of Governments (MAG) projections and staff recommendations based on recent and planned development. For the Auction Property, the analysis uses development projections included in the Auction Property Master Planned Community Plan. Development projections are summarized in Figure A16. These projections will be used to estimate fee revenue and to indicate the anticipated need for growth-related infrastructure. However, development fee methodologies are designed to reduce sensitivity to development projections in the determination of the proportionate share fee amounts. If actual development occurs at a slower rate than projected, fee revenue will decline, but so will the need for growth-related infrastructure. In contrast, if development occurs at a faster rate than anticipated, fee revenue will increase, but Apache Junction will also need to accelerate infrastructure improvements to keep pace with the actual rate of development. During the next 10 years, residential development projections indicate a population increase of 30,271 persons in 13,113 housing units, and nonresidential development projections indicate an employment increase of 3,828 jobs in approximately 1,755,000 square feet of floor area. DRAFT Land Use Assumptions, Infrastructure Improvements Plan, and Development Fee Report Apache Junction, Arizona 61 Figure A1: Citywide Service Area G:\D ata \Work in g\zScratc hW or ks pa ce \SCo ll ins\CityLimits _L et ter.m xd T o n t o N a t i o n a l F o r e s t Apache Trl G o l d C a n y o n C o m m u n i t y £¤60 Ironwood Dr Idaho Rd C e n t r a l A r i z o n a P r o j e c t C a n a l Su pe rstitio n Wilde rne s s Area ¨x88 N A p a c h e T rl Old W est H wy Ma rico pa C ount y Pi n al C ount y Ma r ic o pa C ount y Pi nal C ount y Ellsworth Rd £¤60 Phoenix-Mesa Gateway Airport Q U E E N C R E E K M E S A ¨x24 vw202 LEGEND 0 10,000 20,000 Feet M arc h 28, 20 22 ±National Forest Wilderness Area Airport Boundary Other Municpal Boundaries Queen Creek Mesa Municipal Boundary Pinal County Island County Boundary L i b r a r y F a c i l i t i e s S e r v i c e A r e a A p a c h e J u n c t i o n DRAFT Land Use Assumptions, Infrastructure Improvements Plan, and Development Fee Report Apache Junction, Arizona 62 Figure A2: Auction Property G:\Da ta\Workin g\zS cra tc hW orkspace\S C oll in s\C ity Limit s_Letter.m xd T o n t o N a t i o n a l F o r e s t Apache Trl G o l d C a n y o n C o m m u n i t y £¤60 Ironwood Dr Idaho Rd C e n t r a l A ri z o n a P r o j e c t C a n a l Supe r s ti ti on Wi l derne ss Area ¨x88 N A p a c h e T rl Old W est H wy Ma r ic o pa Cou nt y Pi nal Count y Ma ric opa C ou nt y Pi nal Cou nt y Ellsworth Rd £¤60 Phoenix-Mesa Gateway Airport Q U E E N C R E E K M E S A ¨x24 vw202 P a r k s a n d R e c r e a t i o n F a c i l i t i e s S e r v i c e A r e a LEGEND 0 10,000 20,000 Feet Ma rc h 28 , 202 2 ±National Forest Wilderness Area Airport Boundary Other Municpal Boundaries Queen Creek Mesa Municipal Boundary Pinal County Island County Boundary Auction Property Retained Property A p a c h e Ju n c t i o n DRAFT Land Use Assumptions, Infrastructure Improvements Plan, and Development Fee Report Apache Junction, Arizona 63 RESIDENTIAL DEVELOPMENT This section details current estimates and future projections of residential development including population and housing units. Recent Residential Construction Capacity fees require an analysis of current levels of service. For residential development, current levels of service are determined using estimates of population and housing units. Shown below, Figure A3 indicates the estimated number of housing units added by decade according to data obtained from the U.S. Census Bureau. In the previous decade, Apache Junction’s housing stock grew by an average of 472 units per year. Figure A3: Housing Units by Decade Source: U.S. Census Bureau, 2015-2019 American Community Survey 5-Year Estimates. 1,924 3,512 4,685 6,677 4,723 0 1,000 2,000 3,000 4,000 5,000 6,000 7,000 8,000 Before 1970 1970s 1980s 1990s 2000s Housing Units Added by Decade in Apache Junction DRAFT Land Use Assumptions, Infrastructure Improvements Plan, and Development Fee Report Apache Junction, Arizona 64 Occupancy Factors According to the U.S. Census Bureau, a household is a housing unit occupied by year-round residents. Development fees often use per capita standards and persons per housing unit (PPHU) or persons per household (PPH) to derive proportionate share fee amounts. When PPHU is used in the fee calculations, infrastructure standards are derived using year-round population. When PPH is used in the fee calculations, the development fee methodology assumes a higher percentage of housing units will be occupied, thus requiring seasonal or peak population to be used when deriving infrastructure standards. Because of the seasonal nature of the Apache Junction’s population, TischlerBise recommends that development fees for residential development be imposed according to the number of persons per household. Occupancy calculations require data on population and the types of units by structure. The 2010 census did not obtain detailed information using a “long-form” questionnaire. Instead, the U.S. Census Bureau switched to a continuous monthly mailing of surveys, known as the American Community Survey (ACS), which has limitations due to sample-size constraints. For example, data on detached housing units are now combined with attached single units (commonly known as townhouses, which share a common sidewall, but are constructed on an individual parcel of land). For development fees in Apache Junction, detached units, attached units, and mobile home units are included in the “Single-Family” category. The second residential category includes duplexes and all structures with two or more units on an individual parcel of land. This category is referred to as “Multi-Family.” The third residential category, which includes recreational vehicles, is referred to as “RV.” Figure A4 below shows the occupancy estimates for Apache Junction based on 2015-2019 American Community Survey 5-Year Estimates. Single-family units averaged 2.37 persons per household, multi- family units averaged 1.86 persons per household, and RV units averaged 1.83 persons per household. The average occupancy in Apache Junction was 2.30 persons per household. The estimates shown below are used only to calculate occupancy factors and may not match population and housing unit estimates shown throughout this report. Figure A4: Occupancy Factors Single-Family1 36,025 15,225 2.37 19,851 1.81 86.8%23.30% Multi-Family2 2,843 1,525 1.86 2,156 1.32 9.4%29.27% RV 1,565 856 1.83 856 1.83 3.7%0.00% Total 40,433 17,606 2.30 22,863 1.77 100.0%22.99% Source: U.S. Census Bureau, 2015-2019 American Community Survey 5-Year Estimates. 1. Includes detached, attached (i.e. townhouses), and mobile home units. 2. Includes dwellings in structures with two or more units. Persons per Housing Unit Housing Mix Vacancy RateHousing Type Persons Households Persons per Household Housing Units DRAFT Land Use Assumptions, Infrastructure Improvements Plan, and Development Fee Report Apache Junction, Arizona 65 Residential Estimates For 2020, data published by the U.S. Census Bureau includes 38,499 persons living in 17,052 housing units citywide. The 2020 estimate represents residential development outside of the Auction Property. The Auction Property is currently undeveloped. Figure A5: 2020 Census Estimates MAG estimates for 2020 include 5,245 seasonal residents. Based on discussions with staff, this analysis assumes the seasonal population will remain stable over the next 10 years. For 2020, the peak population in Apache Junction is 43,744 persons (38,499 resident population + 5,245 seasonal population). Residential Projections Population and housing unit projections are used to illustrate the possible future pace of service demands, revenues, and expenditures. To the extent these factors change, the projected need for infrastructure will also change. If development occurs at a more rapid rate than projected, the demand for infrastructure will increase at a corresponding rate. If development occurs at a slower rate than projected, the demand for infrastructure will also decrease. TischlerBise projects residential development outside of the Auction Property using staff recommendations from recent and planned development. For the Auction Property, TischlerBise projects residential development using housing unit projections included in the Auction Property Master Planned Community Plan (October 2021). For this study, the analysis assumes the occupancy factors shown in Figure A4 will remain constant throughout the 10-year projection period. Apache Junction Estimate Population 38,499 Housing Units 17,052 Source: U.S. Census Bureau, 2020 DRAFT Land Use Assumptions, Infrastructure Improvements Plan, and Development Fee Report Apache Junction, Arizona 66 Outside of Auction Property TischlerBise projects residential development outside of the Auction Property based on recent development trends and approved / planned development in the pipeline. Over the next 10 years, Apache Junction staff expect 1,134 single-family units, 1,039 multi-family units, and no additional RVs. To convert housing units to population, occupancy factors shown in Figure A4 are applied to the housing unit projections shown in Figure A6. For example, the 10-year increase of 1,134 single-family units multiplied by 2.37 persons per household equals 2,688 persons in new single-family units. Based on these assumptions, the 10-year projections include an increase of 4,620 persons and 1,173 housing units. Figure A6: Residential Projections – Outside of Auction Property Auction Property For the Auction Property, TischlerBise projects residential development using housing unit projections included in the Auction Property Master Planned Community Plan (October 2021). The 10-year projections include an increase of 25,651 persons and 10,940 housing. Figure A7: Residential Projections – Auction Property 2021 2022 2023 2024 2025 2026 2031 Base Year 1 2 3 4 5 10 Peak Population 44,205 44,667 45,131 45,594 46,058 46,519 48,825 4,620 Housing Units Single Family 14,919 15,033 15,147 15,261 15,375 15,488 16,053 1,134 Multi-Family 1,712 1,815 1,919 2,023 2,127 2,231 2,751 1,039 Recreational Vehicle 638 638 638 638 638 638 638 0 Total 17,269 17,486 17,704 17,922 18,140 18,357 19,442 2,173 Outside of Auction Property 10-Year Increase 2021 2022 2023 2024 2025 2026 2031 Base Year 1 2 3 4 5 10 Peak Population 0 0 2,204 5,135 8,066 10,996 25,651 25,651 Housing Units Single Family 0 0 893 2,081 3,269 4,457 10,397 10,397 Multi-Family 0 0 47 109 171 233 543 543 Recreational Vehicle 0 0 0 0 0 0 0 0 Total 0 0 940 2,190 3,440 4,690 10,940 10,940 Auction Property 10-Year Increase DRAFT Land Use Assumptions, Infrastructure Improvements Plan, and Development Fee Report Apache Junction, Arizona 67 NONRESIDENTIAL DEVELOPMENT This section details current estimates and future projections of nonresidential development including jobs and nonresidential floor area. Nonresidential Square Footage Estimates TischlerBise uses the term jobs to refer to employment by place of work. In Figure A8, gray shading indicates the nonresidential development prototypes used by TischlerBise to derive employment densities. For nonresidential development, TischlerBise uses data published in Trip Generation, Institute of Transportation Engineers, 11th Edition (2021). The prototype for industrial development is Light Industrial (ITE 110) has 637 square feet of floor area per employee. Institutional development uses Hospital (ITE 610) and has 350 square feet of floor area per employee. For office & other services development, the proxy is General Office (ITE 710); it has 307 square feet of floor area per employee. The prototype for commercial development is Shopping Center (ITE 820) which has 471 square feet of floor area per employee. Figure A8: Nonresidential Demand Units ITE Demand Wkdy Trip Ends Wkdy Trip Ends Emp Per Sq Ft Code Unit Per Dmd Unit1 Per Employee1 Dmd Unit Per Emp 110 Light Industrial 1,000 Sq Ft 4.87 3.10 1.57 637 130 Industrial Park 1,000 Sq Ft 3.37 2.91 1.16 864 140 Manufacturing 1,000 Sq Ft 4.75 2.51 1.89 528 150 Warehousing 1,000 Sq Ft 1.71 5.05 0.34 2,953 254 Assisted Living bed 2.60 4.24 0.61 na 310 Hotel room 7.99 14.34 0.56 na 520 Elementary School student 2.27 22.50 0.10 na 525 High School student 1.94 21.95 0.09 na 540 Community College student 1.15 14.61 0.08 na 565 Day Care student 4.09 21.38 0.19 na 610 Hospital 1,000 Sq Ft 10.77 3.77 2.86 350 620 Nursing Home bed 3.06 3.31 0.92 na 710 General Office (avg size)1,000 Sq Ft 10.84 3.33 3.26 307 720 Medical-Dental Office 1,000 Sq Ft 36.00 8.71 4.13 242 730 Government Office 1,000 Sq Ft 22.59 7.45 3.03 330 750 Office Park 1,000 Sq Ft 11.07 3.54 3.13 320 760 Research & Dev Center 1,000 Sq Ft 11.08 3.37 3.29 304 770 Business Park 1,000 Sq Ft 12.44 4.04 3.08 325 820 Shopping Center (avg size)1,000 Sq Ft 37.01 17.42 2.12 471 1. Trip Generation, Institute of Transportation Engineers, 11th Edition (2021). Land Use / Size DRAFT Land Use Assumptions, Infrastructure Improvements Plan, and Development Fee Report Apache Junction, Arizona 68 Nonresidential Estimates TischlerBise uses the term jobs to refer to employment by place of work. Shown below in Figure A9, 2020 MAG estimates for Apache Junction equal 6,354 jobs. Applying the employment multipliers shown in Figure A8 to employment estimates shown in Figure A9 results in a nonresidential floor area estimate of 2,687,081 square feet. The 2020 estimates represent nonresidential development outside of the Auction Property. The Auction Property is currently undeveloped. Figure A9: Nonresidential Estimates Nonresidential Projections Employment and floor area projections are used to illustrate the possible future pace of service demands, revenues, and expenditures. To the extent these factors change, the projected need for infrastructure will also change. If development occurs at a more rapid rate than projected, the demand for infrastructure will increase at a corresponding rate. If development occurs at a slower rate than projected, the demand for infrastructure will also decrease. Based on discussions with Apache Junction staff, TischlerBise projects nonresidential development outside of the Auction Property based on MAG employment projections. For the Auction Property, TischlerBise projects nonresidential development using nonresidential floor area projections included in the Auction Property Master Planned Community Plan (October 2021). 2020 Percent of Square Feet 2020 Estimated Jobs per Jobs1 Total Jobs per Job2 Floor Area3 1,000 Sq. Ft.2 Industrial4 891 14%637 567,567 1.57 Commercial 5 2,361 37%471 1,112,031 2.12 Office & Other Service6 1,819 29%307 558,433 3.26 Institutional7 1,283 20%350 449,050 2.86 Total 6,354 100%2,687,081 1. Maricopa Association of Governments. 2. Trip Generation, Institute of Transportation Engineers, 11th Edition (2021). 3. TischlerBise calculation (2020 jobs X square feet per job). 4. Major sectors are Transportation & Warehousing; Manufacturing. 5. Major sectors are Retail; Accommodation & Food Services. 6. Major sectors are Real Estate, Rental & Leasing; Other Services. 7. Major sectors are Health Care; Public Administration. Nonresidential Category DRAFT Land Use Assumptions, Infrastructure Improvements Plan, and Development Fee Report Apache Junction, Arizona 69 Outside of Auction Property To project nonresidential development from 2021 through 2031, TischlerBise uses MAG employment projections for 2020, 2025, 2030, and 2035. To project interim years, the five-year increase is distributed equally. For example, dividing the five-year increase of 438 industrial jobs (1,329 industrial jobs in 2025 – 891 industrial jobs in 2020) by five results in an average annual increase of approximately 88 industrial jobs. Adding those 88 jobs to the 2020 estimate of 891 industrial jobs results in a 2021 estimate of 979 industrial jobs. To convert employment to floor area, employment multipliers shown in Figure A8 are applied to the employment projections shown in Figure A10. For example, the 10-year increase of 761 industrial jobs multiplied by 637 square feet per job equals approximately 485,000 square feet of industrial floor area. Based on these assumptions, the 10-year projections include an increase of 2,887 jobs and 1,311,000 square feet of nonresidential floor area. Figure A10: Nonresidential Projections – Outside of Auction Property 2021 2022 2023 2024 2025 2026 2031 Base Year 1 2 3 4 5 10 Employment Industrial 979 1,066 1,154 1,241 1,329 1,404 1,740 761 Commercial 2,462 2,563 2,664 2,765 2,866 2,972 3,477 1,015 Office & Other Services 1,912 2,006 2,099 2,193 2,286 2,367 2,850 937 Institutional 1,298 1,312 1,327 1,341 1,356 1,375 1,471 174 Total 6,651 6,947 7,244 7,540 7,837 8,119 9,538 2,887 Nonres. Floor Area (x1,000) Industrial 623 679 735 791 847 895 1,108 485 Commercial 1,160 1,207 1,255 1,302 1,350 1,400 1,637 478 Office & Other Services 587 616 644 673 702 727 875 288 Institutional 454 459 464 469 475 481 515 61 Total 2,824 2,961 3,099 3,236 3,373 3,502 4,136 1,311 Outside of Auction Property 10-Year Increase DRAFT Land Use Assumptions, Infrastructure Improvements Plan, and Development Fee Report Apache Junction, Arizona 70 Auction Property For the Auction Property, TischlerBise projects nonresidential development using floor area projections included in the Auction Property Master Planned Community Plan (October 2021). The 10-year projections include an increase of approximately 443,000 square feet of commercial development within development units 1 and 2. The master plan projects future industrial, office, and institutional development in phases beyond development units 1 and 2 (the Retained Property). To convert floor area to employment, employment multipliers shown in Figure A8 are applied to the floor area projections shown in Figure A11. For example, the 10-year increase of approximately 443,000 square feet of commercial floor area divided by 471 square feet per job equals approximately 941 commercial jobs. Based on these assumptions, the 10-year projections include an increase of 941 jobs and approximately 443,000 square feet of nonresidential floor area. Figure A11: Nonresidential Projections – Auction Property 2021 2022 2023 2024 2025 2026 2031 Base Year 1 2 3 4 5 10 Employment Industrial 0 0 0 0 0 0 0 0 Commercial 0 0 0 0 0 157 941 941 Office & Other Services 0 0 0 0 0 0 0 0 Institutional 0 0 0 0 0 0 0 0 Total 0 0 0 0 0 157 941 941 Nonres. Floor Area (x1,000) Industrial 0 0 0 0 0 0 0 0 Commercial 0 0 0 0 0 74 443 443 Office & Other Services 0 0 0 0 0 0 0 0 Institutional 0 0 0 0 0 0 0 0 Total 0 0 0 0 0 74 443 443 Auction Property 10-Year Increase DRAFT Land Use Assumptions, Infrastructure Improvements Plan, and Development Fee Report Apache Junction, Arizona 71 AVERAGE WEEKDAY VEHICLE TRIPS Apache will use average weekday vehicle trips (AWVT) for police facilities fees. Components used to determine AWVT include average weekday vehicle trip generation rates, adjustments for commuting patterns, and adjustments for pass-by trips. Residential Trip Generation Rates As an alternative to simply using the national average trip generation rate for residential development, the ITE publishes regression curve formulas that may be used to derive custom trip generation rates, using local demographic data. Key independent variables needed for the analysis (i.e., vehicles available, housing units, households, and persons) are available from American Community Survey data. Shown below, single-family units generate 8.42 average weekday vehicle trip ends per unit, and multi-family units generate 4.61 average weekday vehicle trip ends per unit. Figure A12: Average Weekday Vehicle Trip Ends by Housing Type Owner-Occupied 22,868 12,859 869 13,728 1.67 Renter-Occupied 5,857 2,366 1,512 3,878 1.51 Total 28,725 15,225 2,381 17,606 1.63 19,851 3,012 22,863 Persons in Trip Vehicles by Trip Average Households4 Ends5 Type of Unit Ends6 Trip Ends Single-Family 36,025 100,412 24,994 233,807 167,109 8.42 Multi-Family 4,408 10,030 3,731 17,751 13,891 4.61 Total 40,433 110,442 28,725 251,558 181,000 7.92 1. Vehicles available by tenure from Table B25046, American Community Survey, 2015-2019 5-Year Estimates. 2. Households by tenure and units in structure from Table B25032, American Community Survey, 2015-2019 5-Year Estimates. 3. Housing units from Table B25024, American Community Survey, 2015-2019 5-Year Estimates. 4. Total population in households from Table B25033, American Community Survey, 2015-2019 5-Year Estimates. 7. Trip Generation , Institute of Transportation Engineers, 11th Edition (2021). Households by Structure Type2 Vehicles per HH by Tenure Housing Units3 Units in Structure Local Trip Ends per Unit 6. Vehicle trip ends based on vehicles available using formulas from Trip Generation (ITE 2021). For single-family housing (ITE 210), the fitted curve equation is EXP(0.92*LN(vehicles)+2.68). To approximate the average number of vehicles in the ITE studies, vehicles available were divided by 97 and the equation result multiplied by 97. For multi-family housing (ITE 221), the fitted curve equation is Tenure by Units in Structure Vehicles Available1 Single-Family Multi-Family Total 5. Vehicle trips ends based on persons using formulas from Trip Generation (ITE 2021). For single-family housing (ITE 210), the fitted curve equation is EXP(0.89*LN(persons)+1.72). To approximate the average population of the ITE studies, persons were divided by 65 and the equation result multiplied by 65. For multi-family housing (ITE 221), the fitted curve equation is (2.29*persons)-64.48 (ITE DRAFT Land Use Assumptions, Infrastructure Improvements Plan, and Development Fee Report Apache Junction, Arizona 72 Nonresidential Trip Generation Rates For nonresidential development, TischlerBise uses trip generation rates published in Trip Generation, Institute of Transportation Engineers, 11th Edition (2021). The prototype for industrial development is Light Industrial (ITE 110) which generates 4.87 average weekday vehicle trip ends per 1,000 square feet of floor area. Assisted living development uses Assisted Living (ITE 254) as a proxy and generates 2.60 average weekday vehicle trip ends per bed. For lodging development, the proxy is Hotel (ITE 310), and this type of development generates 7.99 average weekday vehicle trip ends per room. Institutional development uses Hospital (ITE 610) and generates 10.77 average weekday vehicle trip ends per 1,000 square feet of floor area. For office & other services development, the proxy is General Office (ITE 710), and it generates 10.84 average weekday vehicle trip ends per 1,000 square feet of floor area. The prototype for commercial development is Shopping Center (ITE 820) which generates 37.01 average weekday vehicle trips per 1,000 square feet of floor area. Figure A13: Average Weekday Vehicle Trip Ends by Land Use ITE Demand Wkdy Trip Ends Wkdy Trip Ends Emp Per Sq Ft Code Unit Per Dmd Unit1 Per Employee1 Dmd Unit Per Emp 110 Light Industrial 1,000 Sq Ft 4.87 3.10 1.57 637 130 Industrial Park 1,000 Sq Ft 3.37 2.91 1.16 864 140 Manufacturing 1,000 Sq Ft 4.75 2.51 1.89 528 150 Warehousing 1,000 Sq Ft 1.71 5.05 0.34 2,953 254 Assisted Living bed 2.60 4.24 0.61 na 310 Hotel room 7.99 14.34 0.56 na 610 Hospital 1,000 Sq Ft 10.77 3.77 2.86 350 620 Nursing Home bed 3.06 3.31 0.92 na 710 General Office (avg size)1,000 Sq Ft 10.84 3.33 3.26 307 720 Medical-Dental Office 1,000 Sq Ft 36.00 8.71 4.13 242 730 Government Office 1,000 Sq Ft 22.59 7.45 3.03 330 770 Business Park 1,000 Sq Ft 12.44 4.04 3.08 325 820 Shopping Center (avg size)1,000 Sq Ft 37.01 17.42 2.12 471 1. Trip Generation, Institute of Transportation Engineers, 11th Edition (2021). Land Use / Size DRAFT Land Use Assumptions, Infrastructure Improvements Plan, and Development Fee Report Apache Junction, Arizona 73 Trip Rate Adjustments To calculate average weekday vehicle trips, trip generation rates require an adjustment factor to avoid double counting each trip at both the origin and destination points. Therefore, the basic trip adjustment factor is 50 percent. As discussed further in this section, the development fee methodology includes additional adjustments to make the fees proportionate to the infrastructure demand for particular types of development. Commuter Trip Adjustment Residential development has a larger trip adjustment factor of 64 percent to account for commuters leaving Apache Junction for work. According to the 2009 National Household Travel Survey (see Table 30) weekday work trips are typically 31 percent of production trips (i.e., all out-bound trips, which are 50 percent of all trip ends). As shown below, the U.S. Census Bureau’s OnTheMap web application indicates 92 percent of resident workers traveled outside of Apache Junction for work in 2018. In combination, these factors (0.31 x 0.50 x 0.92 = 0.14) support the additional 14 percent allocation of trips to residential development. Figure A14: Commuter Trip Adjustment Adjustment for Pass-By Trips For commercial and institutional development, the trip adjustment factor is less than 50 percent because these types of development attract vehicles as they pass by on arterial and collector roads. For example, when someone stops at a convenience store on the way home from work, the convenience store is not the primary destination. For the average shopping center, ITE data indicate 34 percent of the vehicles that enter are passing by on their way to some other primary destination. The remaining 66 percent of attraction trips have the commercial site as their primary destination. Because attraction trips are half of all trips, the trip adjustment factor is 66 percent multiplied by 50 percent, or approximately 33 percent of the trip ends. Trip Adjustment Factor for Commuters1 Employed Residents 14,729 Residents Living and Working in Apache Junction 1,207 Residents Commuting Outside Apache Junction for Work 13,522 Percent Commuting out of Apache Junction 92% Additional Production Trips2 14% Residential Trip Adjustment Factor 64% 1. U.S. Census Bureau, OnTheMap Application (version 6.8) and LEHD Origin-Destination Employment Statistics, 2018. 2. According to the National Household Travel Survey (2009)*, published in December 2011 (see Table 30), home-based work trips are typically 30.99 percent of “production” trips, in other words, out-bound trips (which are 50 percent of all trip ends). Also, LED OnTheMap data from 2018 indicate that 92 percent of Apache Junction's workers travel outside the city for work. In combination, these factors (0.3099 x 0.50 x 0.92 = 0.14) account for 14 percent of additional production trips. The total adjustment factor for residential includes attraction trips (50 percent of trip ends) plus the journey-to-work commuting adjustment (14 percent of production trips) for a total of 64 percent. *http://nhts.ornl.gov/publications.shtml ; Summary of Travel Trends - Table "Daily Travel Statistics by Weekday vs. Weekend" DRAFT Land Use Assumptions, Infrastructure Improvements Plan, and Development Fee Report Apache Junction, Arizona 74 Average Weekday Vehicle Trips Shown below, multiplying average weekday vehicle trip ends and trip adjustment factors (discussed on the previous page) by Apache Junction’s existing development units provides the average weekday vehicle trips generated by existing development. As shown below, Apache Junction’s existing development generates 107,806 vehicle trips on an average weekday. Figure A15: Average Weekday Vehicle Trips by Land Use Development Development ITE Avg Wkday Trip 2021 2021 Type Unit Code VTE Adjustment Dev Units Veh Trips Single Family HU 210 8.42 64%14,919 80,396 Multi-Family HU 220 4.61 64%1,712 5,051 Recreational Vehicle HU 260 4.61 64%638 1,882 Industrial KSF 110 4.87 50%623 1,518 Commercial KSF 820 37.01 33%1,160 14,163 Office & Other Services KSF 710 10.84 50%587 3,182 Institutional KSF 610 10.77 33%454 1,614 Total 107,806 DRAFT Land Use Assumptions, Infrastructure Improvements Plan, and Development Fee Report Apache Junction, Arizona 75 DEVELOPMENT PROJECTIONS Provided below is a summary of development projections used in the Development Fee Report. Base year estimates for 2021 are used in the fee calculations. Development projections are used to illustrate a possible future pace of demand for service units and cash flows resulting from revenues and expenditures associated with those demands. TischlerBise uses the development projections shown below in the Library Facilities IIP and the Police Facilities IIP. Figure A16: Development Projections Summary 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 Base Year 1 2 3 4 5 6 7 8 9 10 Peak Population 44,205 44,667 47,334 50,729 54,123 57,516 60,908 64,300 67,692 71,084 74,476 30,271 Housing Units Single Family 14,919 15,033 16,040 17,342 18,644 19,945 21,246 22,547 23,848 25,149 26,450 11,531 Multi-Family 1,712 1,815 1,966 2,132 2,298 2,464 2,630 2,796 2,962 3,128 3,294 1,582 Recreational Vehicle 638 638 638 638 638 638 638 638 638 638 638 0 Total 17,269 17,486 18,644 20,112 21,580 23,047 24,514 25,981 27,448 28,915 30,382 13,113 Employment Industrial 979 1,066 1,154 1,241 1,329 1,404 1,480 1,555 1,631 1,706 1,740 761 Commercial 2,462 2,563 2,664 2,765 2,866 3,129 3,392 3,655 3,918 4,181 4,418 1,956 Office & Other Services 1,912 2,006 2,099 2,193 2,286 2,367 2,449 2,530 2,612 2,693 2,850 937 Institutional 1,298 1,312 1,327 1,341 1,356 1,375 1,394 1,412 1,431 1,450 1,471 174 Total 6,651 6,947 7,244 7,540 7,837 8,276 8,714 9,153 9,591 10,030 10,479 3,828 Nonres. Floor Area (x1,000) Industrial 623 679 735 791 847 895 943 991 1,039 1,087 1,108 485 Commercial 1,160 1,207 1,255 1,302 1,350 1,474 1,598 1,721 1,845 1,969 2,081 921 Office & Other Services 587 616 644 673 702 727 752 777 802 827 875 288 Institutional 454 459 464 469 475 481 488 494 501 508 515 61 Total 2,824 2,961 3,099 3,236 3,373 3,576 3,780 3,983 4,187 4,390 4,579 1,755 Apache Junction 10-Year Increase DRAFT Land Use Assumptions, Infrastructure Improvements Plan, and Development Fee Report Apache Junction, Arizona 76 Outside of Auction Property TischlerBise uses the development projections shown below in the Parks and Recreational Facilities IIP and the Street Facilities IIP. Figure A17: Development Projections Summary 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 Base Year 1 2 3 4 5 6 7 8 9 10 Peak Population 44,205 44,667 45,131 45,594 46,058 46,519 46,980 47,442 47,903 48,364 48,825 4,620 Housing Units Single Family 14,919 15,033 15,147 15,261 15,375 15,488 15,601 15,714 15,827 15,940 16,053 1,134 Multi-Family 1,712 1,815 1,919 2,023 2,127 2,231 2,335 2,439 2,543 2,647 2,751 1,039 Recreational Vehicle 638 638 638 638 638 638 638 638 638 638 638 0 Total 17,269 17,486 17,704 17,922 18,140 18,357 18,574 18,791 19,008 19,225 19,442 2,173 Employment Industrial 979 1,066 1,154 1,241 1,329 1,404 1,480 1,555 1,631 1,706 1,740 761 Commercial 2,462 2,563 2,664 2,765 2,866 2,972 3,078 3,184 3,290 3,396 3,477 1,015 Office & Other Services 1,912 2,006 2,099 2,193 2,286 2,367 2,449 2,530 2,612 2,693 2,850 937 Institutional 1,298 1,312 1,327 1,341 1,356 1,375 1,394 1,412 1,431 1,450 1,471 174 Total 6,651 6,947 7,244 7,540 7,837 8,119 8,400 8,682 8,963 9,245 9,538 2,887 Nonres. Floor Area (x1,000) Industrial 623 679 735 791 847 895 943 991 1,039 1,087 1,108 485 Commercial 1,160 1,207 1,255 1,302 1,350 1,400 1,450 1,500 1,550 1,600 1,637 478 Office & Other Services 587 616 644 673 702 727 752 777 802 827 875 288 Institutional 454 459 464 469 475 481 488 494 501 508 515 61 Total 2,824 2,961 3,099 3,236 3,373 3,502 3,632 3,761 3,891 4,020 4,136 1,311 Outside of Auction Property 10-Year Increase DRAFT Land Use Assumptions, Infrastructure Improvements Plan, and Development Fee Report Apache Junction, Arizona 77 Auction Property Figure A18: Development Projections Summary 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 Base Year 1 2 3 4 5 6 7 8 9 10 Peak Population 0 0 2,204 5,135 8,066 10,996 13,927 16,858 19,789 22,720 25,651 25,651 Housing Units Single Family 0 0 893 2,081 3,269 4,457 5,645 6,833 8,021 9,209 10,397 10,397 Multi-Family 0 0 47 109 171 233 295 357 419 481 543 543 Recreational Vehicle 0 0 0 0 0 0 0 0 0 0 0 0 Total 0 0 940 2,190 3,440 4,690 5,940 7,190 8,440 9,690 10,940 10,940 Employment Industrial 0 0 0 0 0 0 0 0 0 0 0 0 Commercial 0 0 0 0 0 157 314 471 628 785 941 941 Office & Other Services 0 0 0 0 0 0 0 0 0 0 0 0 Institutional 0 0 0 0 0 0 0 0 0 0 0 0 Total 0 0 0 0 0 157 314 471 628 785 941 941 Nonres. Floor Area (x1,000) Industrial 0 0 0 0 0 0 0 0 0 0 0 0 Commercial 0 0 0 0 0 74 148 222 296 370 443 443 Office & Other Services 0 0 0 0 0 0 0 0 0 0 0 0 Institutional 0 0 0 0 0 0 0 0 0 0 0 0 Total 0 0 0 0 0 74 148 222 296 370 443 443 Auction Property 10-Year Increase DRAFT Land Use Assumptions, Infrastructure Improvements Plan, and Development Fee Report Apache Junction, Arizona 78 Average Weekday Vehicle Trips Figure A19: Average Weekday Vehicle Trips Summary Base 1 2 3 4 5 6 7 8 9 10 10-Year 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 Increase Single Family Units 14,919 15,033 16,040 17,342 18,644 19,945 21,246 22,547 23,848 25,149 26,450 11,531 Multi-Family Units 1,712 1,815 1,966 2,132 2,298 2,464 2,630 2,796 2,962 3,128 3,294 1,582 Recreational Vehicle Units 638 638 638 638 638 638 638 638 638 638 638 0 Industrial KSF 623 679 735 791 847 895 943 991 1,039 1,087 1,108 485 Commercial KSF 1,160 1,207 1,255 1,302 1,350 1,474 1,598 1,721 1,845 1,969 2,081 921 Office & Other Services KSF 587 616 644 673 702 727 752 777 802 827 875 288 Institutional KSF 454 459 464 469 475 481 488 494 501 508 515 61 Single-Family Trips 80,396 81,010 86,436 93,453 100,469 107,480 114,490 121,501 128,512 135,523 142,534 62,138 Multi-Family Trips 5,051 5,355 5,800 6,290 6,780 7,270 7,760 8,249 8,739 9,229 9,719 4,668 Recreational Vehicle Trips 1,882 1,882 1,882 1,882 1,882 1,882 1,882 1,882 1,882 1,882 1,882 0 Residential Trips 87,329 88,247 94,119 101,625 109,131 116,632 124,132 131,633 139,134 146,634 154,135 66,806 Industrial Trips 1,518 1,654 1,790 1,926 2,061 2,178 2,295 2,412 2,529 2,646 2,699 1,181 Commercial Trips 14,163 14,744 15,325 15,906 16,487 17,999 19,511 21,024 22,536 24,048 25,414 11,252 Office & Other Services Trips 3,182 3,338 3,493 3,648 3,804 3,939 4,075 4,210 4,346 4,481 4,742 1,560 Institutional Trips 1,614 1,632 1,650 1,669 1,687 1,710 1,734 1,757 1,780 1,804 1,830 216 Nonresidential Trips 20,477 21,367 22,258 23,148 24,039 25,827 27,615 29,403 31,191 32,979 34,685 14,209 Total Vehicle Trips 107,806 109,614 116,377 124,773 133,170 142,458 151,747 161,036 170,324 179,613 188,820 81,014 Apache Junction, Arizona De v e l o p m e n t Av g W e e k d a y V e h i c l e T r i p s DRAFT Land Use Assumptions, Infrastructure Improvements Plan, and Development Fee Report Apache Junction, Arizona 79 APPENDIX E: STREET INVENTORY Street Section Miles Lanes Ln Miles ADT1 VMT Capacity2 VMC 16th Ave Cedar Dr to Delaware Dr 0.40 3.0 1.20 953 381 15,400 6,160 16th Ave Delaware Dr to Ironwood Dr 0.50 3.0 1.50 1,233 617 15,400 7,700 16th Ave Ironwood Dr to Idaho Rd 1.00 3.0 3.00 1,996 1,996 15,400 15,400 Apache Trail Meridian Dr. to Delaware Dr. 0.50 6.0 3.00 9,695 4,848 49,200 24,600 Apache Trail Delaware Dr. to Ironwood Dr. 0.50 6.0 3.00 10,392 5,196 49,200 24,600 Apache Trail Ironwood Dr. to Phelps 0.75 6.0 4.50 11,901 8,926 49,200 36,900 Baseline Ave W City limit to Ironwood Dr 0.80 2.0 1.60 5,626 4,501 12,300 9,840 Baseline Ave Ironwood Dr to Idaho Rd 1.00 2.0 2.00 3,640 3,640 12,300 12,300 Baseline Ave Idaho Rd to Tomahawk Rd 1.00 2.0 2.00 2,797 2,797 12,300 12,300 Baseline Ave Tomahawk Rd to Goldfield Rd 1.00 2.0 2.00 2,739 2,739 12,300 12,300 Broadway Ave Meridian Dr to Delaware Dr 0.50 5.0 2.50 5,572 2,786 31,100 15,550 Broadway Ave Delaware Dr to Ironwood Dr 0.50 5.0 2.50 5,271 2,636 31,100 15,550 Broadway Ave Ironwood Dr to Idaho Rd 1.00 5.0 5.00 4,555 4,555 31,100 31,100 Broadway Ave Old West Highway to Tomahawk Rd 0.50 2.0 1.00 1,226 613 12,300 6,150 Broadway Ave Tomahawk Rd to Goldfield Rd 1.00 2.0 2.00 1,315 1,315 12,300 12,300 Broadway Ave Goldfield Rd to Arroya Dr 0.75 2.0 1.50 1,207 905 12,300 9,225 Delaware Dr Southern Ave to 16th Ave 0.50 3.0 1.50 3,872 1,936 15,400 7,700 Delaware Dr 16th Ave to Broadway Ave 0.50 2.0 1.00 1,766 883 12,300 6,150 Delaware Dr Broadway Ave to Apache Trail 0.50 3.0 1.50 3,419 1,710 15,400 7,700 Delaware Dr Apache Trail to Superstition Blvd 0.50 2.0 1.00 1,712 856 12,300 6,150 Delaware Dr Superstition Blvd to Tepee St 0.50 2.0 1.00 1,546 773 12,300 6,150 Delaware Dr Tepee St to Lost Dutchman Blvd 0.50 2.0 1.00 777 389 12,300 6,150 Goldfield Rd Baseline Ave to US 60 0.50 5.0 2.50 732 366 31,100 15,550 Goldfield Rd US 60 to Southern Ave 0.50 4.0 2.00 872 436 24,500 12,250 DRAFT Land Use Assumptions, Infrastructure Improvements Plan, and Development Fee Report Apache Junction, Arizona 80 Street Section Miles Lanes Ln Miles ADT1 VMT Capacity2 VMC Goldfield Rd Southern Ave to Broadway Ave 1.00 2.0 2.00 1,054 1,054 12,300 12,300 Goldfield Rd Broadway Ave to Superstition Blvd 1.00 2.0 2.00 804 804 12,300 12,300 Goldfield Rd Superstition Blvd to Lost Dutchman Blvd 1.00 2.0 2.00 739 739 12,300 12,300 Idaho Rd Baseline Ave to US 60 0.50 2.0 1.00 2,271 1,136 12,300 6,150 Idaho Rd US 60 to Southern Ave 0.50 5.0 2.50 13,496 6,748 31,100 15,550 Idaho Rd Southern Ave to Broadway Ave 1.00 5.0 5.00 12,927 12,927 31,100 31,100 Idaho Rd Broadway Ave to North Apache Trail 0.80 5.0 4.00 4,216 3,373 31,100 24,880 Idaho Rd North Apache Trail to Superstition Blvd 0.25 5.0 1.25 5,141 1,285 31,100 7,775 Idaho Rd Superstition Blvd to Tepee St 0.50 2.0 1.00 2,867 1,434 12,300 6,150 Idaho Rd Tepee St to Lost Dutchman Blvd 0.50 2.0 1.00 2,004 1,002 12,300 6,150 Idaho Rd Lost Dutchman Blvd to McKellips Rd 1.00 2.0 2.00 1,315 1,315 12,300 12,300 Ironwood Dr Baseline Ave to US 60 0.50 5.0 2.50 15,826 7,913 31,100 15,550 Ironwood Dr US 60 to Southern Ave 0.50 5.0 2.50 9,070 4,535 31,100 15,550 Ironwood Dr Southern Ave to 16th Ave 0.50 5.0 2.50 9,400 4,700 31,100 15,550 Ironwood Dr 16th Ave to Broadway Ave 0.50 5.0 2.50 8,966 4,483 31,100 15,550 Ironwood Dr Broadway Ave to Apache Trail 0.50 5.0 2.50 6,335 3,168 31,100 15,550 Ironwood Dr Apache Trail to Superstition Blvd 0.50 5.0 2.50 4,369 2,185 31,100 15,550 Ironwood Dr Superstition Blvd to Tepee St 0.50 2.0 1.00 3,053 1,527 12,300 6,150 Ironwood Dr Tepee St to Lost Dutchman Blvd 0.50 2.0 1.00 2,212 1,106 12,300 6,150 Ironwood Dr Lost Dutchman Blvd to McKellips Rd 1.00 2.0 2.00 1,342 1,342 12,300 12,300 Lost Dutchman Blvd Meridian Dr to Delaware Dr 0.50 2.0 1.00 2,362 1,181 12,300 6,150 Lost Dutchman Blvd Delaware Dr to Ironwood Dr 0.50 2.0 1.00 2,451 1,226 12,300 6,150 Lost Dutchman Blvd Ironwood Dr to Idaho Rd 1.00 2.0 2.00 2,024 2,024 12,300 12,300 Lost Dutchman Blvd Idaho Rd to Tomahawk Rd 1.00 2.0 2.00 1,080 1,080 12,300 12,300 Lost Dutchman Blvd Tomahawk Rd to SR 88 0.40 2.0 0.80 770 308 12,300 4,920 Lost Dutchman Blvd SR 88 to Goldfield Rd 0.60 2.0 1.20 364 218 12,300 7,380 Meridian Dr Baseline Ave to US 60 0.50 2.0 1.00 6,034 3,017 12,300 6,150 DRAFT Land Use Assumptions, Infrastructure Improvements Plan, and Development Fee Report Apache Junction, Arizona 81 Street Section Miles Lanes Ln Miles ADT1 VMT Capacity2 VMC Meridian Dr US 60 to Southern Ave 0.50 2.0 1.00 7,699 3,850 12,300 6,150 Meridian Dr Southern Ave to Broadway Ave 1.00 2.0 2.00 5,129 5,129 12,300 12,300 Meridian Dr Broadway Ave to Apache Trail 0.50 2.0 1.00 5,129 2,565 12,300 6,150 Meridian Dr Apache Trail to Superstition Blvd 0.50 2.0 1.00 5,220 2,610 12,300 6,150 Meridian Dr Superstition Blvd to Lost Dutchman Blvd 1.00 1.0 1.00 3,033 3,033 6,150 6,150 Meridian Dr Lost Dutchman Blvd to McKellips Rd 1.00 1.0 1.00 1,883 1,883 6,150 6,150 Old West Highway Phelps to Idaho Rd 0.25 6.0 1.50 8,804 2,201 49,200 12,300 Old West Highway Idaho Rd to Tomahawk Rd 1.50 4.0 6.00 8,979 13,469 32,700 49,050 Old West Highway Tomahawk Rd to Goldfield Rd 1.50 4.0 6.00 3,931 5,897 32,700 49,050 Tomahawk Rd Baseline Ave to US 60 0.50 5.0 2.50 2,631 1,316 31,100 15,550 Tomahawk Rd US 60 to Southern Ave 0.50 3.0 1.50 4,819 2,410 15,400 7,700 Tomahawk Rd Southern Ave to Old West Highway 0.75 2.0 1.50 3,049 2,287 12,300 9,225 Tomahawk Rd Old West Highway to Broadway Ave 0.25 2.0 0.50 1,686 422 12,300 3,075 Tomahawk Rd Broadway Ave to Superstition Blvd 1.00 2.0 2.00 1,601 1,601 12,300 12,300 Tomahawk Rd Superstition Blvd to North Apache Trail 0.75 2.0 1.50 526 395 12,300 9,225 Tomahawk Rd North Apache Trail to Lost Dutchman 0.80 2.0 1.60 344 275 12,300 9,840 Southern Ave Meridian Dr to Delaware Dr 0.50 2.0 1.00 5,396 2,698 12,300 6,150 Southern Ave Delaware Dr to Ironwood Dr 0.50 2.0 1.00 4,194 2,097 12,300 6,150 Southern Ave Ironwood Dr to San Marcos Rd 0.50 5.0 2.50 3,447 1,724 31,100 15,550 Southern Ave San Marcos Rd to Idaho Rd 0.50 2.0 1.00 3,447 1,724 12,300 6,150 Southern Ave Idaho Rd to Tomahawk Rd 1.00 5.0 5.00 1,805 1,805 31,100 31,100 Southern Ave Tomahawk Rd to Raindance Rd 0.25 2.0 0.50 1,472 368 12,300 3,075 Southern Ave Raindance Rd to Cortez Rd 0.25 4.0 1.00 1,472 368 24,500 6,125 Superstition Blvd Meridian Dr to Delaware Dr 0.50 5.0 2.50 6,554 3,277 31,100 15,550 Superstition Blvd Delaware Dr to Ironwood Dr 0.50 5.0 2.50 6,643 3,322 31,100 15,550 Superstition Blvd Ironwood Dr to Idaho Rd 1.00 5.0 5.00 5,631 5,631 31,100 31,100 Superstition Blvd Idaho Rd to SR 88 0.30 5.0 1.50 2,336 701 31,100 9,330 DRAFT Land Use Assumptions, Infrastructure Improvements Plan, and Development Fee Report Apache Junction, Arizona 82 Street Section Miles Lanes Ln Miles ADT1 VMT Capacity2 VMC Superstition Blvd SR 88 to Tomahawk Rd 0.66 2.0 1.32 1,816 1,199 12,300 8,118 Superstition Blvd Tomahawk Rd to Goldfield Rd 1.00 2.0 2.00 2,061 2,061 12,300 12,300 Superstition Blvd Goldfield Rd to Arroya Dr 0.70 2.0 1.40 1,503 1,052 12,300 8,610 Tepee St Meridian Dr to Delaware Dr 0.50 2.0 1.00 278 139 12,300 6,150 Tepee St Delaware Dr to Ironwood Dr 0.50 2.0 1.00 293 147 12,300 6,150 Tepee St Ironwood Dr to Idaho Rd 1.00 2.0 2.00 239 239 12,300 12,300 Total 55.71 165.37 320,356 205,513 1,059,803 Agenda Item Cover Sheet City of Apache Junction, Arizona 300 E Superstition Boulevard Apache Junction, AZ 85119 File ID: 22-208 Agenda Item No. 17. Agenda Date: 4/5/2022 Sponsor: Joel Stern In Control: City Council MeetingIndex: Direction to staff on the process for filling Apache Junction City Council vacancies. Page 1 City of Apache Junction, Arizona Printed on 6/17/2026 Agenda Item Cover Sheet City of Apache Junction, Arizona 300 E Superstition Boulevard Apache Junction, AZ 85119 File ID: 22-182 Agenda Item No. 18. Agenda Date: 4/5/2022 Sponsor: Jennifer Pena In Control: City Council MeetingIndex: Executive Session at 6:00 P.M. for Monday, April 18th and Executive Session at 6:00 P.M. for Tuesday, April 19th in the city council conference room located at 300 E. Superstition Boulevard in Apache Junction, Arizona and other meetings scheduled if necessary. Page 1 City of Apache Junction, Arizona Printed on 6/17/2026