Loading...
HomeMy WebLinkAbout2025 01.21 City Council Regular Agenda City of Apache Junction, Arizona Meeting location: City Council Chambers at City Hall Agenda 300 E.Superstition Blvd Apache Junction,AZ City Council Meeting 85119 apachejunctionaz.gov Ph:(480)982-8002 Doors are open to the public at least 15 minutes prior to the posted meeting start time. Tuesday,January 21,2025 7:00 PM City Council Chambers A. CALL TO ORDER B. INVOCATION AND PLEDGE OF ALLEGIANCE C. ROLL CALL D. CONSENT AGENDA The council may, at this time, take single action on any or all items listed as consent agenda items. These may include, but are not limited to, acceptance of agenda, acceptance of minutes, appointments, acceptance of resignations and adoption of certain resolutions and other items which do not require a public hearing. The consent agenda is a timesaving device of which the mayor and city council is to receive documentation on these items from the city manager for their review prior to the meeting. Any member of the council may remove any item from the consent agenda for discussion and cause a separate vote on the matter later in the agenda. 1. 24-974 Consideration of acceptance of agenda. Sponsors: Evie McKinney 2. 24-975 Consideration of approval of minutes of the regular meeting of January 7, 2025. Sponsors: Evie McKinney Attachments: CCMIN 2025 01 07 MINUTES CRAFT 3. 24-997 Consideration of award of contract to MR Tanner Construction for the retrofit of sidewalk ramps along Superstition Boulevard. The work would be through City of Buckeye Cooperative Contract No. 2025094 in the amount of$152,517.60 plus a 10% contingency for unforeseen change orders in the amount of$15,251.76 for a total project cost not to exceed $167,769.36. Work is planned during the March through May 2025 timeframe. Sponsors: Shane Kiesow Attachments: City Council Memo-SST24-15 MR Tanner RS Jan2025.pdf Project HFS24-15 Agreement MR Tanog[,pdf City of Apache Junction,Arizona Page 1 Printed on 111612025 City Council Meeting Agenda January 21,2025 4. 24-995 Consideration of award of contract to MR Tanner Construction for the reconstruction of portions of Pinyon, Gregory and Cactus Wren streets within the Haven Hallow Subdivision west of Delaware Drive. The work would be through City of Buckeye Cooperative Contract No. 2025094 in the amount of$439,740.00 plus a 10% contingency for unforeseen change orders in the amount of$43,974.00 for a total project cost not to exceed $483,714.00. Work is planned sometime during March through May 2025 time frame. Sponsors: Shane Kiesow Attachments: City Council Memo-HFS24-13 MR Tanner RS Jan2025. df Project HFS24-13 Agreement MR Tanner.pdf E. AWARDS, PRESENTATIONS AND PROCLAMATIONS Awards,presentations from other organizations,proclamations issued by the mayor, and acknowledgement of distinguished guests and visitors, and staff presentation of receipt of grant or donated funds are permitted at this time. F. 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. 5. 24- 76 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. 6. 24-977 City Manager's Report. Sponsors:_ Bryant Powell 7. 24-975 Announcement of Current Events. Sponsors: Eli Richardson 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. City of Apache Junction,Arizona Page 2 Printed on 111612025 City Council Meeting Agenda January 21.2025 8. Pronentotnn, discussion, public hearing, and onnaidnnadnn of Ordinance No.1501. o continuation of the 0.296 transaction privilege license tax dedicated ho public right-of-ways. Sponsors: Matt Busby Attachments: Ordinance No. 1561 9. Presentation, discussion, public hearing, and consideration of Ordinance No.15O2. o continuation nf the 0.296transaction privilege license tax dedicated ho Public Safety Personnel Retirement System expenses. Sponsors: Matt Busby Attachments: Ordinance No. 1562 U- 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 neqm*ot-/o-opoak 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 nequeot-b/-apeak form with the city clerk. 10. 24-100C3 Presentation and discussion on award of contract to Empire Power Systems for the installation ufan emergency backup power generator for City Hall. The work would be through the Snuroewe|| Cooperative Contract No. 002222-CATinan amount not to exceed $582.500.00 which includes a project contingency of$50.U00.00. Work iaplanned to start next month and finish during summer 2025. Sponsors: 8hanmKieeow Attachments: K. COUNCIL DIRECTION TO STAFF This item allows the mayor and city council to direct staff on specifically listed matters. L. SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES City vr Apache Junction,Arizona Page Printed onov612025 City Council Meeting Agenda January 21,2025 M. CALL TO PUBLIC At this time the public has the privilege to address the council with requests, communications, comments or suggestions relating to city business.All speakers must have already submitted a written "Request to Speak"form to the city clerk no later than the conclusion of the city manager's report portion of the agenda. If there is a group speaking on the same item, they should select a spokesperson.All such remarks shall be addressed to the council as a whole and not to any member thereof. The mayor is authorized to ask a speaker to stop speaking and leave the podium or to adjourn the meeting if anyone becomes disorderly, uncivil, makes personal attacks or continues to speak about items that are not within the jurisdiction of the city after being warned such issues are beyond the jurisdiction of the city to act. The council may not answer questions of the speaker, discuss the matter with one another, but may, at the conclusion: 1)respond to criticism by a speaker, 2)ask the city manager to review a matter, 3) ask the city manager to place the matter on a future agenda. Each speaker must approach the podium, speak into the microphone,provide their name and address. There is a three(3)minute time limit per speaker. N. ADJOURNMENT Copies of this agenda and additional information on any of the items listed above may be obtained from the City Clerk's office located at 300 E Superstition Blvd,Apache Junction,AZ 85119, Monday through Thursday from 7:00a-6:00p, excluding holidays. The City of Apache Junction invites and welcomes people of all abilities to use our programs, sites and facilities. Specific requests may be made by contacting the Human Resources Office at(480)474-2617 or TDD(480)983-0095. The Apache Junction City Council may vote to go into Executive Session for legal advice on any item listed on this agenda pursuant to A.R.S. §38-431.03(A)(3);this notice is given pursuant to A.R.S. § 38-431.02 to the members of the City Council and the public. City of Apache Junction,Arizona Page 4 Printed on 111612025 City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No. 1. File ID: 24-974 Sponsor: Evie McKinney Agenda Date: 1/21/2025 Index: In Control: City Council Meeting Consideration of acceptance of agenda. City of Apache Junction,Arizona Page 1 Printed on 111612025 City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No.2. File ID: 24-975 Sponsor: Evie McKinney Agenda Date: 1/21/2025 Index: In Control: City Council Meeting Consideration of approval of minutes of the regular meeting of January 7, 2025. City of Apache Junction,Arizona Page 1 Printed on 111612025 City of Apache Junction, Arizona Meeting location: City Council Chambers Meeting Minutes at City Hall 300 E.Superstition Blvd CityCouncil Meeting Apache Junction,AZ g 85119 apachejunctionaz.gov Ph:(480)982-8002 Doors are open to the public at least 15 minutes prior to the posted meeting start time. Tuesday,January 7,2025 7:00 PM City Council Chambers A. CALL TO ORDER Mayor Wilson called the meeting to order at 7:00 p.m. B. INVOCATION AND PLEDGE OF ALLEGIANCE Councilmember Nesser gave the invocation and Councilmember Soller led the meeting attendees in the Pledge of Allegiance. Mayor Wilson announced that tonight's meeting will not offer a time for Call To Public, but this item will return to the regular meeting scheduled for January 21, 2025. C. ROLL CALL Present: 7- Mayor Wilson Vice Mayor Schroeder Councilmember Nesser Councilmember Heck Councilmember Johnson Councilmember Cross Councilmember Soller Staff in Attendance: Bryant Powell, City Manager Matt Busby, Assistant City Manager Evie McKinney, Acting City Clerk Joel Stern, City Attorney Michael Pooley, Police Chief Pam Harrison, Library Director Eli Richardson, Management Analyst Michael Beaton, Police Commander D. CONSENT AGENDA Councilmember Heck moved,seconded by Councilmember Nesser to approve the Consent Agenda. Yes: 7- Mayor Wilson, Vice Mayor Schroeder, Councilmember Nesser, Councilmember Heck, Councilmember Johnson, Councilmember Cross and Councilmember Soller No: 0 City of Apache Junction,Arizona Page 1 City Council Meeting Meeting Minutes January 7,2025 1. 24-956 Consideration of acceptance of agenda. 2. 24-957 Consideration of approval of minutes of the regular meeting of December 17, 2024. E. AWARDS, PRESENTATIONS AND PROCLAMATIONS 3. 24-979 Oath of Office and seating of newly elected mayor and councilmembers. As required by law, the city clerk will administer the oaths of office to Mayor-elect Wilson and Councilmembers-elect Heck, Johnson, and Nesser. Mayor Wilson explained at this time the Oaths of Office and seating of the newly elected Mayor and city council members would be conducted. He called upon Acting City Clerk Evie McKinney, who explained the Oath of Office procedures and the importance and purpose of taking the Oath. Mayor Elect Wilson took his Oath of Office,was presented with a Certificate of Election and obtained a seat at the dais. Councilmember Elect Heck took his Oath of Office, was presented with a Certificate of Election and obtained a seat at the dais. Councilmember Elect Johnson took her Oath of Office, was presented with a Certificate of Election and obtained a seat at the dais. Councilmember Elect Nesser took her Oath of Office,was presented with a Certificate of Election and obtained a seat at the dais. Councilmember Johnson expressed her appreciation to her voters and to her husband for his support. Councilmember Heck thanked everyone that voted for him and hopes to honor the City by doing his best. He thanked his wife and the Apache Junction Mounted Rangers for their support. Councilmember Nesser thanked everyone for their support for her re-election. She is proud of the community and here to help. Mayor Wilson thanked the voters for electing him for one last term as mayor. He also thanked his wife and family for their support. Vice Mayor Schroeder expressed his excitement for the next couple of years with the experienced members of Council. City of Apache Junction,Arizona Page 2 City Council Meeting Meeting Minutes January 7,2025 F. REGIONAL INTERGOVERNMENTAL UPDATES 4. 24-958 Brief summary of intergovernmental updates from mayor and councilmembers. Mayor Wilson visited the State Capitol and spoke with some of the legislatures about Apache Junction's goals as a community. He stated our Council has been diligent in sharing what the City is trying to do. Mayor Wilson also shared that he collected political signs around the City and took them to Arizona State University where they will recycle the materials and make a park bench for the City. G. CITY MANAGER'S REPORT 5. 24-959 City Manager's Report. City Manager Bryant Powell congratulated the newly elected Mayor and Council members. He highlighted the Development Services department and the huge increase in permits for 2024. In 2022, the total number of permits was 67 for single family homes and it has jumped to 1,655 for 2024. He commended the department for their great work on handling the increase. 6. 24-960 Announcement of Current Events. Management Analyst Eli Richardson shared the Holiday Tree Drop-off event. This is a free service that takes place from December 27, 2024 -January 31, 2025, to dispose your Christmas tree. The drop off sites are Apache Junction Animal Control, 725 E. Baseline Ave and Prospector Park, 3015 N. Idaho Road. For any questions please contact Public Works at 480-982-1055. H. PUBLIC HEARINGS I. OLD BUSINESS 7. 24-96 Presentation and discussion on draft Ordinance No. 1561, a continuation of the 0.2% transaction privilege license tax dedicated to public right-of-ways, and draft Ordinance No. 1562, a continuation of the 0.2% transaction privilege license tax dedicated to Public Safety Personnel Retirement System expenses. Assistant City Manager Matt Busby shared information regarding draft Ordinance No. 1561 and draft Ordinance No. 1562. He reminded Council that draft Ordinance No. 1561 is a continuation of the 0.2% transaction privilege license tax dedicated to public right-of-ways, and draft Ordinance No. 1562 is a continuation of the 0.2%transaction privilege license tax dedicated to Public Safety Personnel Retirement System expenses. The fees were posted to the public for 60 days and the public hearing will be on January 21, 2025. Council members had no questions. City of Apache Junction,Arizona Page 3 City Council Meeting Meeting Minutes January 7,2025 J. NEW BUSINESS 8. 24- 5 Presentation, discussion and consideration on the renewal of contract agreement for Pinal County Technology Consortium Operations Councilmember Soller moved,seconded by Councilmember Nesser that renewal of the contract agreement for Pinal County Technology Consortium Operations be approved. Yes: 7- Mayor Wilson, Vice Mayor Schroeder, Councilmember Nesser, Councilmember Heck, Councilmember Johnson, Councilmember Cross and Councilmember Soller No: 0 Library Director Pam Harrison presented the Pinal County School Office Education Service Agency created the Pinal County Technology Consortium for the purpose of providing affordable telecommunications and information services to Pinal County schools and libraries by way of the federal E-Rate program, which offers substantial discounts on telecommunications and internet access to eligible U.S. schools and public libraries. Under a Letter of Agency signed by the previous Library Director, the Apache Junction Public Library receives internet access at a greatly reduced rate through this consortium. Due to recent changes in the Letter of Agency agreement, the library is seeking Council approval of its continued participation in the Pinal County Technology Consortium for funding years 2024-2035, as well as authorization be granted for Mayor signature. By entering into this agreement, the library will continue to provide fast and affordable internet access for its patrons. Councilmember Nesser asked what the price difference would be without the contract. Ms. Harrison responded and explained the 83%savings with the contract. Councilmembers had no further concerns. City of Apache Junction,Arizona Page 4 City Council Meeting Meeting Minutes January 7,2025 9. 24-930 Consideration of nomination and selection of vice mayor as required by City Code § 2-2-2. Mayor Wilson called upon Acting City Clerk Evie McKinney,who explained the process of nominating and selecting the vice mayor as required by city code. Mayor Wilson asked for a motion to open nominations for the office of vice mayor. Councilmember Soller moved,seconded by Councilmember Heck that nominations for the office of vice mayor be opened. Motion passed 7-0 Mayor Wilson asked for nominations for vice mayor. Councilmember Soller nominated Councilmember Schroeder for the office of vice mayor. Mayor Wilson asked if there are any other nominations. Mayor Wilson asked if there are any other nominations. Mayor Wilson asked if there are any other nominations. Councilmember Soller moved,seconded by Councilmember Heck to close nominations for the office of vice mayor. Motion passed 7-0 Acting City Clerk Evie McKinney informed a motion is now necessary for the nomination of Councilmember Schroeder as vice mayor along with a second. Councilmember Cross moved,seconded by Councilmember Soller to select Councilmember Schroeder as vice mayor. Motion passed 7-0 10. 24-933 Discussion and designation of acting mayor in accordance with Apache Junction City Code Section 2-2-3 Acting Mayor. This item allows the council to designate one of its members to be acting mayor during the absence of both the mayor and vice mayor. The person will be able to conduct meetings and act in the event of emergency situations. Acting City Clerk Evie McKinney introduced the process of designating an acting mayor.She also explained the purpose and duties of acting mayor. Mayor Wilson asked for a motion for acting mayor. Vice Mayor Schroeder moved,seconded by Councilmember Soller that Councilmember Cross be designated as acting mayor according to Apache Junction City Code section 2-2-3 for the time period beginning January 7,2025 and ending January 5,2027. Motion passed 7-0 City of Apache Junction,Arizona Page 5 City Council Meeting Meeting Minutes January 7.2V25 11. 24-9H85 Discussion and designation of city council check signatories. City ohaoko require the signature of city COUnCi| member in addition to that of the city C|8[h. Acting City Clerk Evie McKinney informed that city code requires all city checks have 2mignatohee in addition to the City Clerk. Mayor Wilson asked for amotion. Councilmember Soller moved,seconded by Councilmember Heck that Mayor Wilson and Vice Mayor Schroder be designated as city check signers in addition to the city clerk. Motion passed 7-0 K. COUNCIL DIRECTION TO STAFF L. SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES M. CALL TO PUBLIC N. ADJOURNMENT Mayor Wilson adjourned the meeting ot7:36p.m. ACCEPTED TH|S DAY OF 2025. BY THE MAYOR AND CITY COUNCIL OFTHE CITY DFAPACHE JUNCTION, AR|ZONA. SIGNED AND ATTESTED TO THIS DAY OF . 2025. VVALTER^CH|P''VV/LSON Mayor ATTEST: EV|EMC0NNEY Acting City Clerk City vr Apache Junction,Arizona Page City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No. 3. File ID: 24-997 Sponsor: Shane Kiesow Agenda Date: 1/21/2025 Index: In Control: City Council Meeting Consideration of award of contract to MR Tanner Construction for the retrofit of sidewalk ramps along Superstition Boulevard. The work would be through City of Buckeye Cooperative Contract No. 2025094 in the amount of$152,517.60 plus a 10% contingency for unforeseen change orders in the amount of$15,251.76 for a total project cost not to exceed $167,769.36. Work is planned during the March through May 2025 timeframe. City of Apache Junction,Arizona Page 1 Printed on 111612025 Public Works Department Home of'the Superstition Mountains .ter. Date: January 6, 2025 To: Mayor and Members of the City Council Through: Bryant Powell, City Manager Ted Wolff, Public Works Director From: Shane Kiesow, Public Works Manager Subject: Project# HFS24-15 Award City staff respectfully requests city council consideration of award of contract to MR Tanner Construction for project HFS24-15 for the retrofit of Superstition Blvd. sidewalk ramps for a not to exceed amount including 10% contingency for unforeseens of $167,769.36. Project is budgeted with use of HURF and Pinal County Transportation Sales Tax monies. This work was discussed with council at the July 16, 2024 City Council regular session under Public Works' "Fiscal Year 2025 CIP & Street Maintenance Plan." The work involves the retrofit of sidewalk ramps along Superstition Blvd. to bring them up to current Americans with Disability Act ("ADA") standards. By law, ADA improvements need to be completed when a street is improved. Superstition is planned to be repaved within the next two years which qualifies as an improvement triggering this needed work. The segment of Superstition Blvd. to be covered by this project is from Meridian Drive to Idaho Road. The project would last for about two to three weeks during the March — May 2025 timeframe. Work would occur during the daytime hours with lane and sidewalk closures planned for those areas active with construction. No side streets or entrances to residential or commercial properties would be impacted. 575 E. Baseline Avenue, Apache Junction, AZ 85219 Voice(480) 982-1055 • FAX (480) 983-5752 or(480) 982-8005 CITY OF APACHE JUNCTION STREET MAINTENANCE AGREEMENT PROJECT Nth►.. HF 4-1 "Superstition Blvd. Sidewalk Ramps Retrofit" THIS AGREEMENT made and entered into by and between the CITY OF APACHE JUNCTION, an Arizona municipal corporation ("City"), and M.R. TANNER CONSTRUCTION ILL , an ,Arizona limited liability company, ("Contractor"}, sometimes collectively referred to as the "Partise*', o Individually as a"Party". I3ECIT1},t_$ A. Contractor asserts its willingness, ability and qualifications to provide the completed products, goods and services (the "Work") called for in the City of Buckeye cooperative Contract No. 2025094, (on file with the City's public works director) and Contractor's Estimate (attached hereto as Exhibit A) dated August 8, 2024 (collectively 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. .") Title 34, and Apache Junction City Code, Vol.1,Chapter 3,Administration,Article 3-7,p=ur+em+ent f!mpgdures. 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 suet forth as follows: 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 & Ct MPI ETiON The total amount payable by the City to the Contractor is an amount not to exceed One Hundred Fifty Two Thousand Five Hundred Seventeen dollars and Sixty Cents ($152,5'17.60) (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 lest of its knowledge, information and belief on the basis of its observation and inspection, the Wont 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 January 2, 2025 and shall complete It no later than April 30,"2026. This provision dons 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. . LAOOR 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. S. INSPECT19M AND QUALITY OF W_ORK; 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 n defective Work or materials at the time of maintenance Work shall not be deemed an acceptance and Contractors 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 2 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 ether warrantees,guarantees or remedies required by lava,and shall survive the expiration of this Agreement for the time period mentioned above. ?. 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 dues to acts of,jurisdictions or belies other than City. S. 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 prosper execution and completion of work which are customarily secured after execution of the contract,and which are regally 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 ,lunctioe and Contractor agrees to obtain a business license pursuant to Chapter 8 of the Apache Junction City ale,Vol. 1, 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'fait Code, Chapter SA, may also apply and if so, shall obtain a transaction privilege license and/or other licenses a 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 A,graeeent. 9. INDEPENDENT CONT CT_t'f. Contractor shall at all times during Contractoes, 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 3 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 es 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 ess 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 eterrmin l 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 reasonable attorney and expert witness fees,arising from, or alleged to have arisen from, relating to, arising out of, or alleged to have resulted from the ants, 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 the Work under this Agreement or any subcontract. Contractor's duty to defend, held harmless and indemnify City, its special districts, elected and appointed officers, officials, agents, and employees shall arise in connection with any 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, but only to the extent caused by the negligence, recklessness or Intentional wrongful conduct of Contractor or any tier of Contractor's subcontractors or any ether person for whose acts, errors, mistakes, omissions, Work or services Contractor may be legally liable In the performance of the Work under this Agreement or subcontract 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. The rights and obligations under this Section shall survive termination of this Agreement, 4 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, parson 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 P final 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 salt 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 casts 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 8++6, or approved unlicensed In the Sate 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 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 self4nsrured retentions. Such deductible anchor self-insured retentions shall not be applicable with respect to the coverage provided to City sunder such policies. 5 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 ton (1 d) working days, certified copies of any or all of the herein required insurance policies andlor endorsements. City shell 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 ender 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 shalt 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 llability 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,e Inc.'s`Additional Insured, Form B, CG 20101186, or the equivalent thereof, and shall include coverage for Contractoes 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 Injurer 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 6 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 $1,0+00,000 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 auw, (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 $6,000,000 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: "1 am aware and understand the provisions of A.R.S. § 2 - 01 et $eq. 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 i 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 Contractoes Insurers), as evidence that policies providing the required coverages, conditions and limits required by this 7 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 emend for two ( years part completion 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 tithe. Policies or certificates and completed forms of Cit '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 clays' prior written notice to City, 16. CHANGE ORDERS: A change carder 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 either 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 affected 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 shall Contractor assign any monies due or to become clue 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 are 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. PAYM-E-fff & PERFORMAN BONC3S: City shall have the right to require Contractor to furnish bonds covering the fa` I 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. SAFUY: 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 lave. 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 failures 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 carder this Agreement nt In the event of enforced delay (an "Enforced delay") clue to causes beyond Its control and without Its fault or negligence or failure to comply with 9 applicable laws, Including, but not restricted to, acts of God, fire, floods, epidemics,pandemics,quarantine, restrictions,embargoes, labor disputes, and unusually severe weather or the delays of subcontractors or mater ialmen due to such causes, acts of a public enemy, wear, terrorism or act of terror (including but not limited to b o-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 Investor 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 ACLU 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 falls 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+Certiftied U.S. Mall ten (10)calendar days before such termination takes effect 5. RECO QS_; Records of Contractor's labor, payroll and other costs pertaining to this Agreement shark be kept on a generally recognized accounting basis and made available to City for Inspection on request Contractor shall imaintain 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. 10 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 e 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. +8. 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,ion,law, regulation,or city code),such provision shall be deemed severed from this Agreement and this Agreement shall otherwise remain in fullforce 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. 9. 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. CONFLICTOFINTE This Agreement is subject to, and may b terminated by City in accordance with,they provisions of A.R.S.§38-511. $1. P'FtOHIBMQN TO CON� WITH CONTRACTORS WHC► ENGAGE 1N BOYCOTT QF THE STATE OF ISR EL; The Parties acknowledge A.R.S. §§ 3 -393 through 35-393.03, as amended, which forbids public entities from contracting with Contractors who engage in boycotts of the State of Israel. 11 Should Contractor under this Agreement engage in any such boycott against the Mete of Israel, this Agreement shall be deemed automatically terminated by operation of law. Any such boycott is a material breach of contract ' 32. CERTIFIC—ATION PURSUANT TO A.R.I . i a§--3_94: In accordance with,Arizona Revised Statutes § 36-394, Contractor hereby certifies and agrees that Contractor dues not currently and shall not for the duration of this Agreement use:1)the forced labor of ethnic Uy9hurs In the People's Republic of China, any services or goods produced by the forced labor of ethnic Uy hurs In the People's Republic of China, and/or 3 any suppliers, contractors or subcontractors that use the forced labor or any services or goods produced by the forced labor of ethnic Uyglhurs in the People's Republic of China. If Contractor becomes aware during the term of this Agreement that Contractor is not In compliance with this Section,then Contractor shall notify the City within five (5) business days after becoming aware of such noncompliance. If Contractor does not provide the City with written certification that Contractor has remedied such noncompliance within one hundred eighty (180) days after notifying the City of such noncompliance,this Agreement shall terminate,except that If the Agreement termination date occurs before the send of such one hundred eighty(180)day remedy period,this Agreement shalt terminate on such contract termination date, 33. COMPLIANCE WITH FEDERAL AND STAVE 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. s required by A.R.S. § 41 1, 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. § 3- 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, $600 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 2748 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 paperer of any 12 Contractor or subcontractor employee who works sander this Agreement to ensure that the Contractor or subcontractors 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. r SIGNATURES TO BE ON FOLLOWING PAGES IN WITNESS WHEREOF the Parties hereto have caused this Agreement to be signed by their duly authorized representative as of this day of , 20 CONTRACTOR: M.R. TANNER CONSTRUCTION L1_C, an Ariz it I ility company Its:— CITY: CITY OF AC E JUNCTION,ARIZONA, an Arizona municipal corporation By. Walter"Chi "Wiisan Its.Mayoy „ ATTEST: deap4er4)GA0 City Clerk APPROVED AS TO FORM: .�,"a,- , "a Richard J. Stern City Attorney 1 STATE OF l } ) ss. County of f ` i The foregoing was subscribed and sworn to before me this day of b , 2024, by Se .w as of M.R. Tanner Construction LLC, an Arizona limited liability company; �tiiti4��ru<<jf� Notary Public My Commission Expires: : ';:# .. ,,._ - , caPA l <<O,,� STATE OF ARIZONA s. COUNTY PIN AL The foregoing was subscribed and sworn to before me this Clay of , 2024, by Walter`Chip"Wilson,as Mayor of the City of Apache Junction,Arizona, an Arizona municipal corporation, Notary Public My Commission Expires: ExhIbItA MR A�NNER CONTRACT/ PROPOSAL CONSTRUCTION CLASS A LICENSE NO 11157 An Equal Opportunity Employer tsza.�# � t oa,i52ss.zxo3 {oaatitaas.a -Pax; trt33,6111 Data &W2024 TIP CITY OF APACHE JUNCTION Job Name ADA TRUNCATED DOME IMPROVEMENTS Architect,Eng%n Allenta' SHAW KIES Plans Dined aA- Suit Engineer NA Repoin Date We propose to furnish all labor and material necessary to complete the work as described per our unit prices. All work wilt be done in accordance with the plan$,specifications;and per the requirements of the governing municipality, Thank you for the opportunity of submitting a bid on the above-described job, PROPOSAL OF WORK TO BE FURNISHED No STEM DESCRIBED OUANTITY UNIT ' tl tr 1PRICE AMOUNT i RETROFIT EXISTING RAMPS WITH NEW TRUNCATED DOME 43.E DA, 3,200,00 144,000,00 Subtotal s 144,000.00 Salmi Tax(9A4%a5 °.) $ 8,S1740 Total Bid S 1b2,51114 Not],,:Payment to be teased on eetust field-measured quantities unless otherwise stared, ariouthlybrisgiess draws an completed work weh the Opal 1014 base 30 days after(rant completion and acooplance of liar work. A60IRe CERTIFICATE OF LIABILITY INSURANCE DATE(MMrUD 12/1712024 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, END OR ALTER THE COVERAGE AFFORDED Y THE POLICIES BELOW. THIS CERTIFICATE F 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(i s)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 lien of such endorseent(s). PRODUCER Bre)rlholt Anderson Insurance Consultants LLC E. Nicole Manus 4140 E. Baseline Read,Suite 201 Mesa AZ 85206 ono L . Certificates aicins.CDm rhsuRER s oRolNfa eovERA E NCO ixlsuRERA:Jame$River Insurance ca a 12203 INSURED MRTANNE-01 INS#r R B:Tra @►f'rS PFO CaSC18 CDm an Of l iTi riCc3 26674 M.R.Tanner Development&Construction,LLC dba M.R.Tanner onstruction,TICAM Industries LLC tNSURERc«Gotham InsuranceCoTpary 25569 1327,LLC;M.R.Tanner Equipment and Leasing LLC imsuRERo.ZURICH AMERICAN INS CO 16535 1327 W San Pedro Street INSURER E: Gilbert AZ 85233-2403 INSURER F a COVERAGES___ CERTIFICATE NUMBER:2107187020 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 LTR TYPE OF INSURANCE SR PO2DY EFF POLICYEXP POLICY NUMBER M LIMITS D X COMMERCIAL GEN LIABILITY Y Y GLO9327663.00 1211#2024 311/2025 £ACHO'CURRENCE S1,000.000 CLAIMS-MADE OCCUR �TO RENTED PREMISES IEa occur€ 1_ $100,000 ED EXP(Any one person) $10,000 w1000 Dail Par Occ PERSONAL A ADV INJURY $1,000,000 GEML.AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 PRO- X't POLICY ,. a JECT ^, t ;Lam" PRODUCTS-COMPIOPAGO $2,000,000 OTHER: Emp San LrebA rr $1,000,000 O AUTOMOBILE LI ILITY Y Y COMBINED INGLELI IT $A 9327654 Q0 12#1#2024 111025 Ea aaaden# $1,000,000 Ix ANY AUTO BODILY INJURY(Per person) S OWNED SCHEDULED BODILY INJURY Pa AUTOS ONLY AUTOS (Per accident) S HIRED NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY Per ac cidenl S $ A UMBRELLA LIAR X OCCUR 00149424-0 111112023 31112026 EACH OCCURRENCE S S.000'000 X EXCESS LL48 CLAIMS-MADE AGGREGATE sa.000,008 DED I X I RETENTION $...... . D WORKERS COMPENSATION Y 9327652 00 92#1#2024 3J11202$ X STATLpTE ERH 1 000 000 AND EMPLOYERS'L IL11Y YIN —^ ANYPROPPJF-TORPARTNERIEXECU71VE OFFICERIMEMBEREXCLUDED? N MIA EL,EACH ACCIDENT 51000,000 (Mandatory In NH) E.L.DISEASE-EA EMPLOYE $1,000,000 D�ss,Ir under E.L.DISEASE-POLICY LIMIT $ CRIPTIDN of ctPERA cloNs below B LaasedlRerited Equipment 6604 2 8181 111112024 1111J2025 Limit $750.0001 750,040 C 5X5 Excess Liability EX202300004224 11#112023 31112026 Loth $5 000,000 DESCRIPTION OF OPERATION$I LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,maybe attached If awn space Is raquirad) Certificate Holder listed asAddifional Insured if required by written Contract as respects the General Liability per endorsements UGL D 1115,CG20 07,CG20 32. Primary Non Contributo per endorsement UGL 132 . Auto Liability Additional Insured per endorsement CA2001.Waiver of Subrogation applies per endorsements UGL925 or CZ2404,CA0444 and WC000313. Employee Benefits per form UGL D 851. Per Project Aggregate per form CG2$03. Per Location Aggregate per form CG2504. Cancellation Notice per forms UGL 1621,W0990643,UCA$32. Re:702-00 APACHE JUNCTION SUPERSTITION BLVD SIDEWALK RAMPS HFS24-15.Various Locations,Apache Junction,AZ Additional Insureds include..City of Apache Junction,its agents,officers,officials and employees CERTIFICATE HOLDER CANCELLATION SHOULD D Y OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED I City of Apache Junction ACCORDANCE WITH THE POLICY PROVISIONS. 575 E Baseline Ave AUUTHORUEO E ENTATTVE Apache Junction 85119 .., 1988- 15 ACORD CORPORATION. All rights reserved. ACORD 25(2610 ) The ACORD name and logo are registered marks of ACORD City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No.4. File ID: 24-998 Sponsor: Shane Kiesow Agenda Date: 1/21/2025 Index: In Control: City Council Meeting Consideration of award of contract to MR Tanner Construction for the reconstruction of portions of Pinyon, Gregory and Cactus Wren streets within the Haven Hallow Subdivision west of Delaware Drive. The work would be through City of Buckeye Cooperative Contract No. 2025094 in the amount of$439,740.00 plus a 10% contingency for unforeseen change orders in the amount of$43,974.00 for a total project cost not to exceed $483,714.00. Work is planned sometime during March through May 2025 time frame. City of Apache Junction,Arizona Page 1 Printed on 111612025 Public Works Department Home of'the Superstition Mountains .ter. Date: January 6, 2025 To: Mayor and Members of the City Council Through: Bryant Powell, City Manager Ted Wolff, Public Works Director From: Shane Kiesow, Public Works Manager Subject: Project# HFS24-13 Award City staff respectfully requests city council consideration of award of contract to MR Tanner for project HFS24-13 for the reconstruction of select city streets within the Haven Hallow Subdivision for a not to exceed amount including 10% contingency for unforeseens of $483,714.00. Project is budgeted for this fiscal year through HURF and Pinal County Transportation sales tax monies. This project was discussed with council at the July 16, 2024 City Council regular session under Public Works' "Fiscal Year 2025 CIP & Street Maintenance Plan." The work involves the reconstruction of portions Cactus Wren St., Gregory St. and Pinyon Drive within the Haven Hallow community west of Delaware Drive. The work will last for about two weeks within the March to May 2025 timeframe. Work would occur during the daytime hours characterized by a "soft" road closures - open to local traffic only. Attention will be made to keep residential access open with only intermittent disruptions as construction equipment pass residential driveways. 575 E. Baseline Avenue, Apache Junction, AZ 85219 Voice(480) 982-1055 • FAX (480) 983-5752 or(480) 982-8005 CITY OF APACHE JUNCTION STREET MAINTENANCE AGREEMENT PROJECT O.: F 4-11 "Haven Hallow Subdivision Street Reconstruction" THIS IREEMEN'T made and entered into by and between the CITY OF APACHE JUNCTION, an Arizona municipal corporation ("City"), and M.R. TANNER CONSTRUCTION LL C, an Arizona limited liability company, ("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 to the City of Buckeye cooperative Contract No, 2026094, (on file with the +City's public works director) and Contractor's Estimate (attached hereto as Exhibit A) dated July 26, 2024 (collectively the 'Contract Documents"). B. City and Contractor desire to sat forth herein their respective responsibilities and the manner and terms upon which Contractor shall complete the Work. C. City has compiled with the public bidding requirements under Arizona Revised Statutes ("A.R. .") Title 94, and .Apache Junction City Code, Vol. 1,Chapter fit,A+dmini tratlon,Article -7. Procurement rc_c+sdures� 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 & QOMPILETION: The total amount payable by the City to the Contractor Is an amount not to exceed Four Hundred Thirty line Thousand Seven;Hundred Forty Dollars and Zero Cents ( 9,7'40.00) (the "Contract Sum") for the performance of they 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. . QQNT_RACT TERM: Upon Notice to Proceed given by the City, Contractor shall begin Work no sooner than January 2, 2025 and shall complete It no later than April 30, 2025. 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 a the Parties mutually deem fit. . 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, ether 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. INSPECTIQNS AND QUALITY Q 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:fi Contractor shall guarantee the York 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 acceptances 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 clays of receipt of written noticefrom City. Such Work shall include the repair or replacement of other Work or materials damaged or affected making the above repairs or corrective work all at no additional cost to City. In the cases 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 2 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 Its 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 r subsequently applicable due to acts of jurisdictions or bodies ether 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. 1, 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 M C a 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 Work. Q. SUP_ERINTENDENT: Contractor shall employ a competent project superintendent who shall be in attendance at the project site during the progress of the Work. The superintendent strap 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. PRt3GRESS 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 reasonable attorney and expert witness fees, arising from, or alleged to have arisen from, 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 Contractors subcontractors s 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 the Work under 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 claim, damage, lass 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 Contractoes 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,but only to the extent +caused by the negligence, recklessness or intentional wrongful conduct of Contractor or any tier of Contractor's subcontractors or any other person for whose acts, errors, mistakes, omissions, Work or services Contractor may be legally liable in the performance of the Work under this Agreement or subcontract. The amount and type of insurance coverage requirements suet forth herein will in no way be construed as limiting the scope of the indemnity in this paragraph. The rights and obligations under this Section shall survive termination of this Agreement. 4 3. AUSCONTRACTORS: All subcontractors chosen by Contractor will be subject to City's approval. All subcontractors shall be Identified by Contractor prior to award of contract Contractor shall make no substitutions for any subcontractor, person or entity previously selected without the approval Of City. 14. APPLICABLE LAW _D 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, States 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 evert 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. 16. 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. bating of ++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 contributeto it. Any failure to comply with the claim reporting previsions of the insurance policies or any breach of an Insurance policy warranty stall 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 inst City, its agents, officers, officials and employees for any claims arising out ofContractor'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. 5 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 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, RgOUIRED CQVERAGE Commercial General Llalll 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 P'roductsl+Comp►l+eted Operations Aggregate and a $2,000,000 General Aggregate limit. The policy shall include coverage for bodily injury, broad form property ty 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 bread as the Insurance Service Office, Inc.'s Additional Insured, Form , CO 201 a1185, 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 6 per occurrence, and the policy shall be issued by the same insurance Company that issues Contractor's Commercial General Liability Insurance. Automobile l-iability Contractor shall maintain CommercialliBusiness 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 y Farm 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, MC5 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$600,000 disease policy limit. By execution of this Agreement,Contractor certifies as follows. "l am aware and understand the provisions of A.R.S. § 23-901 et Seq. which requires every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the previsions of this chapter, and l will comply with such provisions before commencing the performance of the Work of this Agreement" If Contractor has no employees for whomworkers' compensation insurance is required,Contractor shall submit a declamation 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,86119. 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 and as evidenced by annual Certificates of Insurance. If a policy does expire during the life of the Agreement, a renewal certificate must be seat to City thirty(30)calendar days prior to the expiration elate. 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 or 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 affected by written order and shall be binding upon City and Contractor. 8 17. SUCCESSQR-S. 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 whale or delegates the duties thereunder, 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. . CLAIMS FO!R QAMAGES: Should elther 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. 0. PAYMENT & PERFORMANCE BONDS: City shrill 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. 1. SAFETY: Contractor and/or its subcontractors shall be solely responsible for job safety at all times. 2. 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 chitty afforded any of them tender 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 ease 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 9 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 ise of the power of eminent domain of any governmental body can 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 Contractorin connection with the obligations under this Agreement Contractor agrees that Contractor alone will bear all risks of delay which are not Enforced Delay. 1n 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 o any such Enforced Delay, first notify the other Panty 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( 0)calendar days. 24. TERMINATION A. TERMINATION BY Cl 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 wrest the terms of this Agreement City shall provide Notice of Termination to ontra+ctor by Certified U.S. Mail tern f 0) calendar days before such termination takes effect. . TERM INATIClN BY CO_NT CTOR: 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 an a generally recognized accounting basis and made available to City for Inspection on requests Contractor shall maintain records for aE 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. 10 . 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 prier 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. E E BILITY: 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 rewiring 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 farce 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,acknowledgeand/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. $0. CONFLICT OF INT,,,REST: This Agreement is subject to,and may be terminated by City In accordance with,the provisions of A.R.S.§38-611. 31. PROHIBITION TO CONTRACT W TH CON ACTtpRS WHO ENGAGE IN BOYCOTT OF ME PI&H QF IS EL: The Parties acknowledge A.R.S. §§ 36-393 through 5-393.03, as amended, which forbids public entities from contracting with Contractors who engage In boycotts of the State of Israel. 1 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 taw. Any such boycott is s material breach of contract $2. CERTIFICATI©N PURSUANT TOO 35-3 In accordance with Arizona Revised Statutes § 3 , Contractor hereby certifies and agrees that Contractor does not currently and shall not for the duration of this Agreement use:1)the forced labor of ethnic Uyghurs In the People's Republic of China,2 any services or goods produced by the forced labor of ethnic Uyghur In the People's Republic of China, and/or ) any suppliers, contractors or subcontractors that use the forced labor or any services or goods produced by the forced labor of ethnic U ghurs in the People's Republic of China. If Contractor becomes aware during the term of this Agreement that Contractor Is not in compliance with this Section, then Contractor shall notify the City within five ) business days after becoming aware of such noncompliance. If Contractor does not provide the City with written certification that Contractor has remedied such noncompliance within one hundred eighty (180) days after notifying the City of such noncompliance,this Agreement shall terminate,except that If the Agreement termination date occurs before the end of such one hundred eighty(180)day remedy period,this Agreement shall terminate on such contract termination date. 3. COMPLIANCE WITH FEDERAL. AN_Q 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. s required by A.R.S. § 41 1, 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 than 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. 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 2748 of the federal Immigration and Nationality Act and the E-Verify requirements contained in A.R.S. § 23-21 (A). City retains the legal right to Inspect the papers of any 12 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. -- -SIGNATURES TO BE ON FOLLOWING PAGES---- 1 IN WITNESS WHEREOF the Parties hereto have caused this Agreement to be signed by their duly authorized representative as of this clay of 20= CONTRACTORS M.R.TANNER CONSTRUCTION LLC, are Arizona limite . Ity Y By: "lilt, Its; CITY: CITY OF AP ACHE JUNCTION,ARIZONA, an Arizona municipal corporation y. aI r#� ikon Its: a c " ATTEST: c City Clerk APPROVED AS TO FORM: —A"I 1�— ichard J. Stern City Attorney 1 STATE OF-NljoYi ss. County of A a The foregoing was subscribed and sworn to before me this EL day of 202 ,by as �. of NLR.Tanner Construction LLC, an Arizona limited liability company: ,,: ;fii® '. Notary Public y Commission Expires: tZ , • �`-N y +a`�' • ESP shy . ,. ' r PA „rll r '. STATE OF ARIZONA ) s . COUNTY OF PINAL } The foregoing was subscribed and sworn to before me this day of 2024, by Walter `Chip"Wilson, as Mayor of the City of Apache Junction,Arizona, an Arizona municipal corporation. ory Public My Commission Expires: Exhibit A KtRkTANNER CONSTRUCTION 1327 W. SAN PEDRO STREET GILBERT, AZ 85233 To. APACHE JUNCTION,CITY OF Contact. Address: 575E BASELINE AVE Phones 480 474-5082 APAC E JUNCTION,AZ $5119 Fax: Project tame: Apache Junction Cactus Wren&Pinyon Dr V-Gutter(10.14,2024) Bid Number: Project Location: Bid Date. 10/14 2024 item# Item tJ tion Estimated Quantity unit Total PrI 1 MOBILIZATION 1.00 EACH $12,500,00 3"ASPHALT MILUPULVERIZE 7,300;00 SY $36,500.00 3 VALLEY GUTTER 1,500.00 SF $67,500.00 4 3"A.Cr ON PULVERIZED MATERIAL 7,300.00 SY $197,100.00 6 ADJUST MANHOLE 4.00 EACH $2,800.00 7 PRELOWER WATER VALVE 4.00 EACH $3,680.00 8 ADJUST WATER VALVE 4.00 EACH $2,6 0.00 5 PRELOWER MANHOLE 4.00 EACH $2,4 0.00 9 TRAFFIC CONTROL 1.00 AL $38,000.00 10 fi'k&C 4,500.00 SY $76,500.00 Total Bidrice: $439,740.00 Not PRICING BASED ON CITY OF BUCKEYE JOC NO 2025094 ROAD CONSTRUCTION SERVICES, 10/1412024 2159 02 PM � ACC>Rf> CERTIFICATE OF LIABILITYINSURANCE DATE(M D ) 1211712024 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(tes)must have ADDITIONAL INSURED provisions or 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 doret( ). PRODUCER CONTACT E: Nicole Mantis Breinholt Anderson Insurance Consultants LLC NAMEi Nicole Man 7titstl �.4 ci-9 5-7�t1g 4140 E.Baseline Road,Suite 201 Mesa AZ 85206 E RFss: certificates baici s.com INSURE AFFO IN CO E C INSURER A:James River Insurance Co a 12203 INSURED MRTANNE-01 I SU B:Travelers PrO CaSUsI Corn an Of America 25 74 M.R. Tanner Development&Construction,LL — -- dba M.R.Tanner onstru tion#TICAM Industries LLC w u c:Gotham Insurance Co pang 25569 137,LLC;M.R.Tanner Equipment and Leasing LLC INSURER D:ZURICH AMERICAN INS CO 16536 1327 W San Pedro Street INSURER E: Gilbert AZ 8 3-240 INSURER F i COVERAGES CERTIFICATE NUMBER:1466277367 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE SEEN 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, Its TYPE OF INSURANCE POLICY NUMBER M Y EFf MwDDPOUC EXP LIMITS D X COMMERCIAL GENERALIU IUTY Y Y OLD 9327653-00 121112024 3/112025 EACH OCCURRENCE $1,000,000 ---- -— CLAIMS-MADE OCCUR a-. PREMISES Ee occx� $100,000 MED EXP;Any ons ) $10,000 1000 Dart Per OcrPERSONAL$ADV INJURY $1,000,000 DEN1-AGGREGATE UNIT APPLIES PER -� GENERAL AGGREGATE $2,000,000 POLICY JECT LI LOC PRODUCTS-COMPIOPAGG $2,000,000 OTHER: Emp Bars Uab rr $1,000,000 D AUTOMOBILE LIA ILITY Y Y BAP 9 27654-0{} 121112024 31112025 Ea a dQDDtSINGLE LIMIT $1 u000.000 ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED AUTO$ONLY AUTOS BODILY INJURY(Paraccident) $ X HIRED Ix NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY Per ent $ A UMBRELLA LIAR X OCCUR 00149424-0 11/11 0 3 31212025 EACH OCCURRENCE $51000,000 X EXCESS CLAIMS-MADE AGGREGATE $5,000,000 DED X RETENTIONSO D WORKERS COMPENSATION Y WC 9327652-00 121112024 311 25 X 5 TUTE ERH 1,000,00 0 AND EMPLOYERS'LIABILITY Y 1 _ ETORlPARTNE C.1— NIA E.L.EACH ACCIDENT $1,000,000 OFFICERIMEMSEREXCLUDED? (Mandatory In NN) EJ,D1 ASE-EA EMPLOYEE $1,000,000 it yes,describe urn DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ B Lea anted Equipment 6604R228181 1111/20 4 11A=25 Limit $750.0001$750,000 C 5X5 Excess Liability EX20 30000 224 11/112023 31112025 Limit $5,000,000 DESCRIPTION OF OPERATIONSILOCATIONStVEHICLES{AGORA 101,Additional Remarks Schedule,may be attachod K moo space is squired) Certificate Holder listed as Additional Insured if re uired b written contract as respects the General Liability per endorsements UGL D 111 s CG20 07,CG20 2. Primary Non Contributor}+per endorsement U L 1327. Auto Liability Additional Insured per endorsement CA2001.Waiver of Subrogation applies per endorsements UGL925 or CG2404,CA0444 and WC00031 . Employee Benefits per form UGL D 851. Per Project Aggregate per form CG2503, Per Location Aggregate per form CG2504, Cancellation Notice per forms UGL 1521,WC990643,UCA 832. Re.701-00 A ACHE JUNCTION HAVEN HALLOW SUBDIVISION STREET HF 24-13,Various Locations,.Apache Junction„AZ Additional Insureds include.City of Apache Junction;its agents,officers,officials and employees CERTIFICATE HOLDER CANCELLATION 914OULD ANY OF THE ABOVE DESCRIBED POLICIES Be CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED I City of Apache Junction ACCORDANCE WITH THE POLICY PROVISIONS. 575 E Baseline Ave ,Apache Junction AZ 85119 AUTHOR1220 R PRESENTATIVE United States 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2046103) The ACORD name and logo are registered marks of ACORD City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No. 5. File ID: 24-976 Sponsor: Chip Wilson Agenda Date: 1/21/2025 Index: In Control: City Council Meeting Brief summary of intergovernmental updates from mayor and councilmembers. City of Apache Junction,Arizona Page 1 Printed on 111612025 City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No.6. File ID: 24-977 Sponsor: Bryant Powell Agenda Date: 1/21/2025 Index: In Control: City Council Meeting City Manager's Report. City of Apache Junction,Arizona Page 1 Printed on 111612025 City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No.7. File ID: 24-978 Sponsor: Eli Richardson Agenda Date: 1/21/2025 Index: In Control: City Council Meeting Announcement of Current Events. City of Apache Junction,Arizona Page 1 Printed on 111612025 City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No.8. File ID: 25-020 Sponsor: Matt Busby Agenda Date: 1/21/2025 Index: In Control: City Council Meeting Presentation, discussion, public hearing, and consideration of Ordinance No.1561, a continuation of the 0.2% transaction privilege license tax dedicated to public right-of-ways. City of Apache Junction,Arizona Page 1 Printed on 111612025 ORDINANCE NO. 1561 AN ORDINANCE OF THE MAYOR AND CITY COUNCIL CAE THE CITY OF APACHE JUNCTION, ARI O A RELATING TO THE TRANSACTION PRIVILEGE LICENSE "TAX, COMMONLY KNOWN AS THE -SALES TAX"; AMENDING THE TAX CODE OF H CITY OF APACHE JUNCTION BY CONTINUING THE RATE OR TAXATION TWO- ° E THS OF ONE PERCENT ( .2 AS ORIGINALLY ADOPTED ORDINANCE CE NO.. 14 ; DESIGNATING THE PURPOSE FOR MAINTENANCE, REPAIR, DESIGN, CONSTRUCTION AND REPLACEMENT OF PUBLIC RIGHT-OF-WAYS; DESIGNATING A EFFECTIVE IVEDATE; DESIGNATING A TERMINATION ATE, COMMONLY KNOWN AS THE "SUNSET CLAUSE"; _ PROVIDING G FOR EXISTING G CONTRAC` 'S, PROVIDING FOR _ PENALTIES; REPEALING ANY CONFLICTING PROVISIONS; PROVIDING FOR SEVERA ILITY; AND PROVIDING FOR NOTICE. WHEREAS, Arizona Revised Statutes § 24 E) 2 conveys upon the Mayor and city council the power to levy taxes including a transaction privilege liven (also known as the "sales tax") ; and WHEREAS, the City of Apache Junction relies heavily on state- shared- highway user revenue funds "HURF" to pay for design, n, repair, construction, replacement and continuing maintenance for city roads; and WHEREAS, since fiscal year 2006-2007, the state his legislatively reduced HUR ' dollars to cities and towns; and WHEREAS, the casts to make the maintenance, repairs, design, construction and replacement are escalating at a rapid rate each passing year; and WHEREAS, having no city property tax, the City of Apache Junction relies rl a.r.11; upon sees tag: revenues to pay for these costs; and WHEREAS, the mayor and city councils have determined that a continuation tion of the two-tenths of one percent a 2% transaction privilege license tag:, is necessary to sustain the quality of the transportation grid system for community residents and visitors and enhance the public health, safety and welfare; and WHEREAS, at the regular city council meeting of November 5, 2024, the mayor and city council provided unanimous direction t ORDINANCE NO. 1561 PAGE 1 OF staff to prepare an ordinance for a continuation of this , % sales tag in compliance with state law and the -model city tax codes and WHEREAS, changes to the transaction privilege tax rate are affected by amending the Tax Code of the Cit of Apache Junction, and by appropriate notification to city taxpayers, the izzona Department of Revenue, and the Municipal Tax Code Corr issi n; and WHEREAS, pursuant to A.R. E. § 9-499. 15, the City provided sixty-day ay written notice of the proposed sales tax continuation on the Ci:t y' s website a apache unct ,ona .gov) before -the date of the public hearing, January 21, 2025, when this ordinance is to be considered. NOW THEREFORE,RE, BE IT ORDAINED INE BY THE i YOR AND CITY COUNCIL F THE CITY OF APACHE JUNCTION, ARIZONA, AS FOLLOWS: SECTION I IN GENERAL I, A. The tax rate in each of the following ing sections of the city tax code is continued at the rate of two and two-tenths percent m , in addition to 0. 2% continuation on for expenses related to the Public Safety Personnel Retire-merit System " 'CP S`') imposed under Ordinance Nos. I41 and I Section SA-018 Advertising Section 8A-012 Amusement,rent exhibitions, and similar activities Section A i5 Construction contracting: construct- .on contractors Section 8A-016 Construction contracting: speculative builders Section 8A-037 Construction contracting: owner-builders who are not speculative , ilde s Section 8A-116 Feed at wholesale Section A-- I Job printing Section 8A-027 Manufactured buildings Section 8A-020 Timberingand gather extractions Section 8A-009 Publishing and periodicals distribution Section 044 Hotels Section I44 Additional tax upon transient lodging Section 1.4 Rental, leasing and licensing for use of tangible personal property Section , - 11. Restaurants and bars Section 8A-062 Rood for home consumption Section I5 MRRA Amount ORDINANCE NO. 1561 `7CE 2 OF 7 Section 8A-006 Transportingfor hire Section 02 Use Tax Purchases Section 8A-030 Use Tax From Inventory Section 8A-203 Medical I ra n e le Section A 2g Adult Use Marijuana Retail Sales B. The tax rate in the fallowing sections of the city tax code 1d continued at the rate of three and two-tenths percent (3 .2%) in addition to C *2° continued for expenses related to ' RR imposed under Ordinance Nos. 1418 and 13 2 Section 8A-005 ` `ele o -aunicat c ns services Section utility vi es C:. Section A-017 of the chit tax code is amended to read as follows: Section 17 # Retail sales, measure a p tax; burden of proof; exclusions a) The tax rate shall be at the amount equal to two and two -tenths percent (2.2%) of the gross income from the business activity union every person engaging or continuing In the business of selling personal property at retail plus another 0. 2% continued for expenses related to PSPRS imposed under Ordinance Nos. 1418 and 12 (l The burden of proving that a sale of tangible personal property is not a taxable retail sale shall be upon the person who roue the sane. c Exclusions: For the purpose of this Chapter, sales of tangible personal property shall not include: 1sales of stoops, bands, options or other similar materials sales of .lottery tickets or shares pursuant to Article 1, Chapter 5, Title 5, Arizona Revised Statutes. 3) sales of platinum, bullion or monetized bullion, except minted or manufactured atoms transferred or acquired primarily for their numismatic value as prescribed by regulation. dross income derived from the transfer of tangible personal property which :is specifically included as the gross income of a business activity upon which ORDINANCE NO, 1561 RAGE 3 OF 7 another Section of this article imposes a tax, shall be considered grass income of that: business activity, and are not included as gross income subject to the tax imposed by this Section. ) safes by professional or personal service occupations where such sales are ; inconsequential elements of the service provided. ( Notwithstanding the provisions of subsection (a) above, when the gross income from the sale of a single item of tangible personal property exceeds two thousand olla ( 2, 00) , the extended two and four-tenths ( : %) tax rate, shall apply to the first $2, 000. Above �2, 00 , the measure of tax shall be at a rate of one and four-tenths percent ( . 4%) b ( ) When this city and another Arizona city or town with an equivalent excise tax could claim s nexus for taxing a retail sale, the city or ton ushers the permanent business location of the seller at which the order was received shale be deemed to have precedence, and for the purpose of this chapter such city or town has sole and exclusive rights to such tax. ( ) The appropriate tax liability for any retail safe cohere the order is received at a permanent business location of the seller located in this city or in an Arizona city of town that levies an equivalent excise tax shall be at the tax rate of the city or town of such seller' s location. (g) Retail, sales of prepaid calling cards or prepaid authorization numbers for telecommunication services, including sales of reauthorization of a- prepaid card or authorization number, are subject to tax under this section. SECTION if DESIGNATING THE PURPOSE For such period of time that the City of Apache Junction, Arizona, levies the tax as described in Section l above, the revenues collected from the two-tenths of and percent ( .2i) continuation ORDINANCE NO. 1561 PAGE 4 Off' shall be used for maintenance, repair, design, construction and replacement of public right-of-ways. SECTION III DESIGNATING AN EFFECTIVE DATE The provisions of this ordinance continuing tax rate of 2 for the purpose set forth in ' Section II above shall become effective on March , 2025, SECTION IV DESIGNATING A'TII A TERMINATION DATE The provisions of this ordinance continuing the tax rate of for the purpose set forth In Section II above shall terminate, or Nksunaet" on larch 1, 2035, at which time the increased tax fate a: set forth in Section I of this ordinance shall automatically be reduced by two-tenths f one percent SECTION> RO II ING FOR EXISTING ONT C°TS The tax imposed pursuant to this ordinance shall not apply to contracts entered into rlc t" to the effective date of the tax as set forth in Section III above SECTION VI PROVIDING ING OR PENALTIES Any person found guilty of violating any provision of these amendments to the tax code shall be guilty of a class one misdemeanor and shall be prosecuted pursuant to Article 1 of the A ache "urn tion_ CiLy Code and Section 8A-580 of the Tax Code of the C It f Apache Junction. SECTION 'III REPEALING ANY ONFLI 'TI G PROVISIONS All ordinances and parts of ordinances in conflict ith the provisions of this ordinance any part of the cedes adopted herein by reference are hereby repealed. SECTION VIII PROVIDING FOR SEVERABILITY If :any section, subsection, sentence, phrase, clause or portion of than ordinance is for any reason held to be invalid or constitutional. by the decision of any court of competent jurisdiction, such decision shall not affect the validity f the remaining portions thereof. ORDINANCE NO. 1561 PACE 5 Off' SECTION IX PROVIDING FOR NOTICE Pursuant to A.R.S. § 42-6052C, staff stall provide a fully executed copy of this ordinance to the Municipal Tax Cade Commission and the Arizona Department of Revenuewithin tern days after the passage date of this ordinance. SIGNATURES ARE ON PAGE 7 F' 7 ORDINANCE Na 1561 PAGE 6" F PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS DAY OF 2025. SIGNED AND ATTESTED TO THIS DAY OF 2025 WALTER "CHIP" WILSON Mayor ATTEST: YVETTE MCKINNEY Acting City Clerk APPROVED AS TO FORM: RICHARD JOEL STERN City Attorney ORDINANCE NO. 1561 PAGE 7 OF 7 Street Projects Sales Tax ( SST) Public Works has primarily used SST for street "preservation maintenance" (i.e. treatments to preserve the life and longevity of a street's pavement). Example of treatments commonly used for preservation maintenance include: crack seal, fog seals, slurry seals, cape seals, and chip seals. SST comprises approximately 30% of the monies available for the department's annual "Street Capital Improvement and Maintenance Plan." The rest comes from the Pinal County 1/2 Cent Excise Tax (65%), and HURF (5%). These funds may also be used for other street maintenance activities such as repaving (overlays), reconstruction, capacity improvements, traffic signal projects etc. Street Projects Sales Tax ( SST) Revenues FY14/ 15 $ 2671578 FY19/20 $ 1, 272.1268 FY15/ 16 $ 805.1013 FY20/21 $ 1, 460, 638 FY16/ 17 $ 7871002 FY21/22 $ 11778.1204 FY17/ 18 $ 1,1122, 377 FY22/23 $ 21127, 315 FY18Z19 $ 1 , 168 , 959 FY23Z24 $ 2, 678 ? 502 Tota l $ 1314671856 Street Projects Sales Tax ( SST) Expenditures FY13/ 14 $ 11, 000 FY19/20 $ 8221492 FY14/ 15 $ 2 , 014, 256 FY20/21 $ 1, 060, 197 FY15/ 16 $ 977, 346 FY21/22 $ 1, 477,442 FY16/ 17 $ 1 , 131 , 254 FY22/23 $ 1, 327, 721 FY17/18 $ 1, 406, 615 FY23/24 $ 2, 690, 727 FY18Z19 $ 335 , 000 Tota l $ 131254,1050 Revenues - Expenditures Revenues $ 1301467.1857 Expenditures - 12 , 254 , 050 $ 213807 PROJECT'NAME/LOCATION TREATMENT APPROX. COST TIME FRAME Apache Trail Repave Project; Meridian to Idaho Overlay $36,000 2015 Spring Chip Seal Campaign FY15-16; Various rural streets Chip Seal $218,000 2015 Crack Sealing; Various Arterials and Subdivisions Crack Seal $212,000 2015 Delaware; 16th Ave. to Southern Ave. Slurry Seal Slurry Seal $44,000 2015 Ironwood Dr.; US60 to Elliot Alignment Micro Seal $424,000 2016 Renaissance Park Subdivision Slurry Seal $420,000 2016 Reconstruction of Baseline Ave.; Idaho to Winchester & Idaho; US60 to Baseline Reconstruction $328,000 2016 12th Ave. Reconstruction Reconstruction $12,000 2016 Grand Dr. Reconstruction Reconstruction $18,000 2016 Warner Dr. Reconstruction Reconstruction' $50,000 2016 Gold Dr. Reconstruction Reconstruction $47,000 2016 PROJECT NAME/LOCATION TREATMENT APPROX. COST TIME FRAME Superstition Estates and Villas subdivisions (Area 1) Preservation Seal $173,000 2016 Ironwood Dr.; US60 to Broadway (Area 4) Fog Seal $56,000 2016 16thi Ave., San Marcos, Cedar, Warner (Area 3) Preservation Seal $71,000 2016 Southern Ave. Reconstruction; Apache Dr. to Winchester Rd. Reconstruction $774,000 2016 Palm Springs Subdivision Crack Seal and Slurry Seal $191,000 2016 Colt Rd. Reconstruction Reconstruction $14,000 2016 Concho St. Reconstruction Reconstruction $12,000 2016 Roundup St. Reconstruction Reconstruction $27,000 2016 San Marcos Dr. Reconstruction;;4th Ave. to Scenic Reconstruction $150,000 2016 Palm Springs Sub. And 16th Ave. (Area 2) Preservation Seal $156,000 2016 Spring Preservation Street Maint - Superstition; Meridian to Hwy 88 & Ironwood; Apache Trail to Superstition Slurry Seal $279,000 2017 PROJECT NAME/LOCATION TREATMENT APPROX. COST TIME FRAME Tomahawk Reconstruction; Broadway to Superstition Design $75,000 2017 Spring Chip Seal Campaign FY16-17;'Various rural streets Chip Seal $90,000 2017 Broadway Ave. Reconstruction; Old West Highway to Tomahawk Reconstruction $790,000 2017 Broadway Ave., Tomahawk to Goldfield Overlay ! $225,000 2017 Sierra Entrada Subdiv. and Phelps Dr. Slurry Seal $115,000 2017 Old West Highway, Sunrise Canyon, and Arroya Subd'iv. Crack Seal $185,000 2018 Baseline Ave. Reconstruction (Phase 2); Ironwood to Idaho Reconstruction $500,000 2018 Enchanted Acres Subdivsion Overlay $310,000 2018 In-House Residential St. Reconstruction; Acacia Reconstruction $10,000 2018 Southern Ave. Various Segments Slurry Seal $85,000 2018 Southern and Ironwood Accel/Decel Lanes Slurry Seal $10,000 2018 PROJECT NAME/LOCATION TREATMENT APPROX. COST TIME FRAME Apache Trail; Meridian to Idaho Crack Seal and Fog Seal $180,000 2018 Idaho Rd.; Lost Dutchman to McKellips Reconstruction $335,000 2018 Old West Highway; Idaho to US60 Slurry Seal $300,000 2018 Tomahawk Rd.; US60 to Baseline Slurry Seal $127,000' 2019+ Spring Chip Seal Campaign FY19-20; Various rural streets' Chip Seal $250,000 2019 Street Patches - Tomahawk Rd. Patch $40000 2019 Apache Villas and Ironwood Cove Subdivisions Slurry Seal $232,000 2020 Various Local Streets - e.g. Gregory, Plaza Slurry Seal $77000 2020' Pueblo Del Sol Subdivision; various streets Reconstruction $88,500 2020 Spring Chip Seal Campaign FY20-21; Various rural streets Chip Seal $238,000 2021 Sunrise Canyon Subdivision Slurry Seal $220,000 2021 PROJECT NAME/LOCATION TREATMENT APPROX. COST TIME FRAME Cortez Ranch Subdivision Slurry Seal $68,000 2021 East Palm Springs and Superstition Mobile Estates Subdivisions Slurry Seal $120,000 2021 Street Patches - various locations Patch $62,000 2021 Arterial Street Fog Sealing - Various locations Fog Seal $144,000 2021 Various Local Streets Crack Seal $104,000 2021 San Marcos Dr. Patch $36,000 2021 Windsong St.; Ironwood to Valley Reconstruction $41,000 2021 Spring Chip Seal Campaign FY21-22; Various rural streets Chip Seal $,200,000 2022 16th Ave.; Cedar Dr. to Idaho Rd. Slurry Seal $200,000 2022 36th Ave.; Desert View to Ironwood Slurry Seal $59,000 2022 Arroya Verde Subdivision Slurry Seal $210,000 2022 PROJECT NAME/LOCATION TREATMENT APPROX. COST TIME FRAME Renaissance and Arizona Grande subdivisions'+ Slurry Seal $105,000 2022 Cimmarron subdivision Slurry Seal and Crack Seal $143,000 2022 Ironwood Estates I subdivision Slurry Seal and Crack Seal $120,000 2022 Superstition Estates and Villas subdivisions Crack Seal $79000 2022 Arterial Street Fog Sealing - Various locations Fog Seal $94000 2022 Street Patches - Apache Trail,Tomahawk Patch $70000 2022 Royal Palm Rd.; Southern to Old West Highway Slurry Seal and Crack Seal $123,000 2022 Bixville Homes subdivision Overlay $410,000 2023 Southern Ave.; Ironwood to Apache Slurry Seal $100,000 2023 Delaware Dr. Broadway to Apache Trail ' Slurry Seal $70000 2023 Clayton Subdivision Slurry Seal $190,000 2023 Superstition Estates/Vistas Subdivision Slurry Seal $210,000 2023 Spring Chip Seal Campaign FY22-23; Various rural streets Chip Seal $330,000 2023 Impact of SST City's goal is to achieve a service level of "Good" (14 Remaining Service Life [RSL] rating out of a maximum 20 RSL) for its total street inventory. A pavement condition assessment is conducted routinely, rating seven different categories of street pavement distresses which then prioritizes and drives what treatments are planned. Without SST: City would not have enough monies to maintain a current level of "Good to fair" (12-14 RSL) and would dip down to "Fair to Poor" (11-9 RSL) within 5 years. RSL of 11.5 or less has shown to elicit many more citizen complaints regarding bad pavement conditions and potholes. . 2 % PSPRS Sales Tax .2% PSPRS Sales Tax .2% Street Sales Tax Difference FY 20/21 $11455,316 $1,460,.638 $5,322 FY 21/22 $1,670,.506 $1,778,.204 $107.0698 FY 22/23 $11913,347 $21127,315 $213.1968 FY 23/24 $2,340,.486 $2,678,,502 $338.1016 Public Safety's salary & benefits is roughly $12M a year. The .2% PSPRS taxes collected in FY 23/24 are roughly $2.3M. The remaining balance of $9.7M is funded by the general fund for Public Safety's salary and benefits. Please note: .2% PSPRS taxes collected is $2.3M . In actuality, PSPRS remittance is only $1 M . The remaining balance of $1 .3M is funding the PS salaries. .2% PSPRS taxes collected $2.3M Actual PSPRS payroll paid out 1 M Difference is covering salaries $1 .3M 60,00% VVIPLOYEE RATE 0 EMPLOYER RATE pSpRS CONTRIBUTION RATES LAST TEN FISCAL YEARS 50,00% YEAR AVERAGE ENDING EMPLOYER EMPLOYEE JUNE 30, RATE RATE 40 00% 2014 30.44% 10.35% 2015 3154% 11.05% 50 OEM 2016 41.37% 11.65% 2017 4161% 11.65% 2018 52.09% 11.65% 20,00% 2019 5 2.1 O'Yo 11.65% 2020 52.47% 11.65% 2021 54,68% 11.65% 2022 56.46Yo 11.65% 2023 54.36% 11.65% OMI% R 2017 2 1,14 2ols 20,46 2018 2110:119 20120 2 021 1 202-2 2023 City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No.9. File ID: 25-022 Sponsor: Matt Busby Agenda Date: 1/21/2025 Index: In Control: City Council Meeting Presentation, discussion, public hearing, and consideration of Ordinance No.1562, a continuation of the 0.2% transaction privilege license tax dedicated to Public Safety Personnel Retirement System expenses. City of Apache Junction,Arizona Page 1 Printed on 111612025 ORDINANCE NO. 1562 AN ORDINANCE E MAYOR O AND CITY COUNCIL OF THE CITY OF APAC:HE JUNCTION, ARIZONA, RELATING TO THE TRANSACTION PRIVILEGE LICENSE TAX, COMMONLY KNOWN AS THE ,SALES TAX"; AMENDING THE TAX CODE GE THE CITY OF APAC HE JUNCTION BY CONTINUING THE RATE OF TAXATION BY TWO- TENTHS OF ONE PERCENT" . 2% AS ORIGINALLY ADOPTED BY ORDINANCE NO. 1129 AND CONTINUED JET BY ORDINANCE NO. 135 AND ORDINANCE NO. IS; DESIGNATING G THE PURPOSE FOR MANDATORY AT'C RY PAYMENTS TO THE PUBLIC SAFETY PERSONNEL RETIREMENT SYSTEM AND UNFUNDED LIABILITY RELATED TO THE SAME; DESIGNATING AN EFFECTIVE DATE; DESIGNATING G A TERMINATION AT'ION DATE, COMMONLY KNOWN AS THE "SUNSET CLAUSES" ; PROVIDING FOR EXISTING G CONTRACTS; PROVIDING FOR PENALTIES; REPEALING ANY CONFLICTING PROVISIONS; PROVIDING FOR SEVE;RARILITY; AND PROVIDING FOR NOTICE. WHEREAS, Arizona Revised Statutes § -2 Ct H (2 ) conveys upon the mayor and city council the power to levy taxes including a transaction r .vilee e license tax (also known as the "sales tax" and WHEREAS, up until September 1, 2000, the City of Apache Junction had a sales tax rate of 2. 0 ; and WHEREAS, to build critical capital facilities including a new rodeo ground and events" c.enter, library expansion, skate park, swim center, court, city hall and multigenerational recreation center, the city council on May 16, 2000, passed Ordinance No. 1129 which increased the sales tax rate to 2 . 2 with a sunset provision of September 1, 2010; and WHEREAS, to address financial challenges due to resulting effects of the 2008 recession, the city council voted to continue the sales tax at this additional 0 s 2% rate until September I 2016, by passing Ordinance No. 1359 on March 1, 2010; and WHEREAS, on November 17 2015, to fund escalating mandatory payments to the Arizona Public ;safety Personnel Retirement System C"PSPRS" and unfunded liability related to the same, the mayor and city councils passed Ordinance No. 1418 which continued the .2% sales tax increase; and WHEREAS, during fiscal year 2024 , PSPRS mandatory contributions and unfunded liability debt service payments collectively totaled $3. 5 ra llion for public safety effaces, chile ORDINANCE NO. 1562 RACE 1 OF revenues from the .2% sales tax dedicated to the same were $2 . million; and WHEREAS, having no municipal property tax, the City of Apache Junction relies predominantly upon sales tax revenues to provide bases city services; and WHEREAS,, the mayor and city council have determined that the continuation of the two-tenths of n percent ( . %) transaction privilege license tax (sales tax) is necessary to sustain the quality of life for comniunity residents and enhance ; the public health, safety and welfare; and WHEREAS, at the regular city council meeting of November 5, 2024, the mayor and city council: provided unanimous direction to staff to prepare an ordinance for a continuation of this . 2% sales tax in compliance with state law and the model city tax code;; and WHEREAS, chances to the transaction sacrion privilege tax rate are affected by amending the Tax Cade of the :it cal 8paqhe Junction, and by appropriate notification to city taxpayers, the Arizona Department of Revenue, and the Municipal ici pal `lay; Code Commission; and WHEREAS, pursuant to A. 1 .S § 9-499. 15, the City provided sixty-day written notice of the proposed sales tax continuation on the city° s website (www.apachejunctionaz.gov) before the date or the public hearing, January 21, 2025, when this ordinance is to be considered. NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF HE CITY OF A A HE JUNCTION, ARIZONA, AS FOLLOWS: SECTION I IN GENERAL A. The tax ratein each of the following sections of the city tax .ode is continued at the rate of two and two-tenths percent 2 . 2% , in addition to 0. 2% continuation for read improvement projects imposed under Ordinance No. 1 1 m Section 8 - 18 Advertising Section 8A-012 Amusement, exhibitions, and similar ila activities Section 8 15 Construction contracting: construction contractors Section 8A- 16 Construction contracting: speculative builders ORDINANCE NO. 152 PAGE 2 OF Section 8A-037 Construction contracting: owner-builders who are not speculative builders Section 8A-116 Feed at wholesale Section 8A-010 Job printing Section 8 - } l Manufactured buildings Section 8A-020 Timbering and=other extractions Section 8A-009 Publishingand periodicals distribution Section 8 t144 Hotel Section 8A-144 Additionaltax on transient lodging Section 8 - 14 Rental, leasing and licensing for use of tangible personal property Section 8l m_t111 Restaurants and bars Section 8A--062 Food for home consumption Section 8 -81.5 MRRA Amount Section 8A-006 Transporting for hire Section 8A-029 Use Tax Purchases Section 8A-030 Use Tax From Inventory Section 8 Medical Marijuana Retail Sales Section 8A-420 Adult: Use Marijuana Retail Sales . " e tax rate in the following sections of the city tax code is continued at the rate of three and two-tenths percent (8. %) in addition to 0.2% for road improvement projects imposed under Ordinance No. -15 1 Section 8 005 Telecommunications ion services Section 8A-004 Utility services C. Section 8 --�11." the city tax code is amended to read as follows Section 8 -1.11 . Retail sales: measure of tax, burden of proof; exclusions a The tax rate Shall be at the amount equal to two and two tents percent l. %t of the gross income from the business activity upon evert person engaging or continuing in the business of selling personal property t retail, plus another 8. 2% continuation for road improvement projects imposed under Ordinance No. 1561. (b) The burden of proving that a sale of tangible personal property 1s not a taxable retail sale shall be upon the person who made the sale. ORDINANCE NO, 1562 PAGE 3 OF 7 (o) Exclusions: For the purpose of this Chapter, sales of tangible apersonal property shall not include: l) sales of storks, bonds, options or offer similar materials. (2) sales of lottery tickets or shares pursuant to Article 1, Chapter 5, Title 5, Arizona Revised Statutes. ) sales of platinum bullion or monetized bullion, Dept minted or manufactured coins transferred or acquired primarily for their numismatic value as prescribed by regulation. ( ) cross income derived from the transfer of tangible personal property which is 5pecifically included as the cross income of a business activity upon which another Section of this article imposes a tax; shall be considered gross income of that business activity, and are not included as gross income subject to the tax imposed by this Section. 5) sales by professional or personal service occupations where such sales are inconsequential elements of the service provided d) Notwithstanding ithstandinl the provisions of subsection (a) above, when the gross income from the sale of a, single item of tangible personal property exceeds two thousand dollars 2, 00) , the extended two and four-tenths (2 . %) tax rate, shall apply to the first $2, 000. Above $2, 000, the measure of tax shall be at a rats: of one and four-tenths percent (1. 4%) . e) When this city and another Arizona city or town with an equivalent excise tax could claim a nexus for taxing retail sale, the city or town where the permanent business location of the seller at which the order was received shall be deemed to have precedence, and for the purpose of this chapter such city or town has sole and exclusive rights to such tax The appropriate tax liability for any retail: sale share the order is received at a permanent business location ion of the seller located in this city or in an Arizona city or town that levies an equivalent excise tax shall be at the tax rate of the city or town of such seller' s location ORDINANCE C O. 1562 GE 4 OF { Retail sales of prepaid calling cards or prepaid authorization numbers for telecommunication services, including of reauthorization of a prepaid card or authorization number, are subjectfax under this section SECTION II DESIGNATING THE PURPOSE For such period of time that the Cityof Apache Junction, Arizona, levies the tax as described in Section I above, the revenue collected from the two-tenths of one percent ( %) continuation shall be used for mandatory payments to the Public Safety Personnel Retirement System and unfunded liability related h system. SECTION III DESIGNATING AN EFFECTIVE DA`'E The provisions of this ordinance continuing the tax rate of for the purpose se set forth in Section IT above shall become effective can September 2, 2026. SECTION'ION IV DESIGNATING A TERMINATION DATE The provisions of this ordinance continuing the tax rate of for the purpose set forth in Section it above e shall terminate, or °`sunset" on September 1, 2656, at which time the increased ed tax rate; as sot forth in Section I of this ordinance shall automatically be reduced by two--tents of one percent . 2% , SECTION V PROVIDING FOR EXISTING CONTRACTS The tax imposed pursuant to this ordinance shall not apply to contracts entered into prier to the effective date of the tax as set forth in Section III above. SECTION IO I PROVIDING FOR PENALTIES Any person found guilty or violating any provision of these amendments to the tax code shall be guilty of a - clans one misdemeanor and shall be prosecuted pursuant to Article 1-8 of the Apache Junction Cites Code and ;section 8A-580 of the `lax Code o the Cit o A ache unction: SECTION VII REPEALING ANY CONFLICTING PROVISIONS ORDINANCE NO. 1562 PACE 5 OF 7 All ordinances and parts of ordinances in conflict with the provisions of this ordinance or any part of the codes adapted herein by reference are hereby repealed. SECTION III PROVIDING FOR SEVERABILITY If any section, subsection, sentence, phrase, clause or portion of this ordinance is for any reason held to beinvalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remainingo ti ns thereof. SECTION IX PROVIDING FOR NOTICE Pursuant to A.R.S. §"42-6052C, staff shall provide a fully executed copy of this ordinance o the Municipal Tax Cade Commission and the Arizona Department of Revenue within ten days after the passage date of this ordinance, SIGNATURES .ARE ON PACE 7 OF 7 ORDINANCE NO. 1562 PAGE 6 OF 7 PASSED AND ADOPTED Y THE MAYOR AND CITY COUNCIL CAE THE CITY CE APAC E JUNCTION, ARI ZO A THIS DAY OF 2025. SIGNED AND TT S`IxEI TO THIS DAY OF 5 VALTER ``CHIP" WILSON Mayer ATTEST: Acting City Clerk APPROVED AS TO FORM: RICHARD J E �STERN City Attorney ORDINANCE CE NO. 1562 PACE 7 CAE` Street Projects Sales Tax ( SST) Public Works has primarily used SST for street "preservation maintenance" (i.e. treatments to preserve the life and longevity of a street's pavement). Example of treatments commonly used for preservation maintenance include: crack seal, fog seals, slurry seals, cape seals, and chip seals. SST comprises approximately 30% of the monies available for the department's annual "Street Capital Improvement and Maintenance Plan." The rest comes from the Pinal County 1/2 Cent Excise Tax (65%), and HURF (5%). These funds may also be used for other street maintenance activities such as repaving (overlays), reconstruction, capacity improvements, traffic signal projects etc. Street Projects Sales Tax ( SST) Revenues FY14/ 15 $ 2671578 FY19/20 $ 1, 272.1268 FY15/ 16 $ 805.1013 FY20/21 $ 1, 460, 638 FY16/ 17 $ 7871002 FY21/22 $ 11778.1204 FY17/ 18 $ 1,1122, 377 FY22/23 $ 21127, 315 FY18Z19 $ 1 , 168 , 959 FY23Z24 $ 2, 678 ? 502 Tota l $ 1314671856 Street Projects Sales Tax ( SST) Expenditures FY13/ 14 $ 11, 000 FY19/20 $ 8221492 FY14/ 15 $ 2 , 014, 256 FY20/21 $ 1, 060, 197 FY15/ 16 $ 977, 346 FY21/22 $ 1, 477,442 FY16/ 17 $ 1 , 131 , 254 FY22/23 $ 1, 327, 721 FY17/18 $ 1, 406, 615 FY23/24 $ 2, 690, 727 FY18Z19 $ 335 , 000 Tota l $ 131254,1050 Revenues - Expenditures Revenues $ 1301467.1857 Expenditures - 12 , 254 , 050 $ 213807 PROJECT'NAME/LOCATION TREATMENT APPROX. COST TIME FRAME Apache Trail Repave Project; Meridian to Idaho Overlay $36,000 2015 Spring Chip Seal Campaign FY15-16; Various rural streets Chip Seal $218,000 2015 Crack Sealing; Various Arterials and Subdivisions Crack Seal $212,000 2015 Delaware; 16th Ave. to Southern Ave. Slurry Seal Slurry Seal $44,000 2015 Ironwood Dr.; US60 to Elliot Alignment Micro Seal $424,000 2016 Renaissance Park Subdivision Slurry Seal $420,000 2016 Reconstruction of Baseline Ave.; Idaho to Winchester & Idaho; US60 to Baseline Reconstruction $328,000 2016 12th Ave. Reconstruction Reconstruction $12,000 2016 Grand Dr. Reconstruction Reconstruction $18,000 2016 Warner Dr. Reconstruction Reconstruction' $50,000 2016 Gold Dr. Reconstruction Reconstruction $47,000 2016 PROJECT NAME/LOCATION TREATMENT APPROX. COST TIME FRAME Superstition Estates and Villas subdivisions (Area 1) Preservation Seal $173,000 2016 Ironwood Dr.; US60 to Broadway (Area 4) Fog Seal $56,000 2016 16thi Ave., San Marcos, Cedar, Warner (Area 3) Preservation Seal $71,000 2016 Southern Ave. Reconstruction; Apache Dr. to Winchester Rd. Reconstruction $774,000 2016 Palm Springs Subdivision Crack Seal and Slurry Seal $191,000 2016 Colt Rd. Reconstruction Reconstruction $14,000 2016 Concho St. Reconstruction Reconstruction $12,000 2016 Roundup St. Reconstruction Reconstruction $27,000 2016 San Marcos Dr. Reconstruction;;4th Ave. to Scenic Reconstruction $150,000 2016 Palm Springs Sub. And 16th Ave. (Area 2) Preservation Seal $156,000 2016 Spring Preservation Street Maint - Superstition; Meridian to Hwy 88 & Ironwood; Apache Trail to Superstition Slurry Seal $279,000 2017 PROJECT NAME/LOCATION TREATMENT APPROX. COST TIME FRAME Tomahawk Reconstruction; Broadway to Superstition Design $75,000 2017 Spring Chip Seal Campaign FY16-17;'Various rural streets Chip Seal $90,000 2017 Broadway Ave. Reconstruction; Old West Highway to Tomahawk Reconstruction $790,000 2017 Broadway Ave., Tomahawk to Goldfield Overlay ! $225,000 2017 Sierra Entrada Subdiv. and Phelps Dr. Slurry Seal $115,000 2017 Old West Highway, Sunrise Canyon, and Arroya Subd'iv. Crack Seal $185,000 2018 Baseline Ave. Reconstruction (Phase 2); Ironwood to Idaho Reconstruction $500,000 2018 Enchanted Acres Subdivsion Overlay $310,000 2018 In-House Residential St. Reconstruction; Acacia Reconstruction $10,000 2018 Southern Ave. Various Segments Slurry Seal $85,000 2018 Southern and Ironwood Accel/Decel Lanes Slurry Seal $10,000 2018 PROJECT NAME/LOCATION TREATMENT APPROX. COST TIME FRAME Apache Trail; Meridian to Idaho Crack Seal and Fog Seal $180,000 2018 Idaho Rd.; Lost Dutchman to McKellips Reconstruction $335,000 2018 Old West Highway; Idaho to US60 Slurry Seal $300,000 2018 Tomahawk Rd.; US60 to Baseline Slurry Seal $127,000' 2019+ Spring Chip Seal Campaign FY19-20; Various rural streets' Chip Seal $250,000 2019 Street Patches - Tomahawk Rd. Patch $40000 2019 Apache Villas and Ironwood Cove Subdivisions Slurry Seal $232,000 2020 Various Local Streets - e.g. Gregory, Plaza Slurry Seal $77000 2020' Pueblo Del Sol Subdivision; various streets Reconstruction $88,500 2020 Spring Chip Seal Campaign FY20-21; Various rural streets Chip Seal $238,000 2021 Sunrise Canyon Subdivision Slurry Seal $220,000 2021 PROJECT NAME/LOCATION TREATMENT APPROX. COST TIME FRAME Cortez Ranch Subdivision Slurry Seal $68,000 2021 East Palm Springs and Superstition Mobile Estates Subdivisions Slurry Seal $120,000 2021 Street Patches - various locations Patch $62,000 2021 Arterial Street Fog Sealing - Various locations Fog Seal $144,000 2021 Various Local Streets Crack Seal $104,000 2021 San Marcos Dr. Patch $36,000 2021 Windsong St.; Ironwood to Valley Reconstruction $41,000 2021 Spring Chip Seal Campaign FY21-22; Various rural streets Chip Seal $,200,000 2022 16th Ave.; Cedar Dr. to Idaho Rd. Slurry Seal $200,000 2022 36th Ave.; Desert View to Ironwood Slurry Seal $59,000 2022 Arroya Verde Subdivision Slurry Seal $210,000 2022 PROJECT NAME/LOCATION TREATMENT APPROX. COST TIME FRAME Renaissance and Arizona Grande subdivisions'+ Slurry Seal $105,000 2022 Cimmarron subdivision Slurry Seal and Crack Seal $143,000 2022 Ironwood Estates I subdivision Slurry Seal and Crack Seal $120,000 2022 Superstition Estates and Villas subdivisions Crack Seal $79000 2022 Arterial Street Fog Sealing - Various locations Fog Seal $94000 2022 Street Patches - Apache Trail,Tomahawk Patch $70000 2022 Royal Palm Rd.; Southern to Old West Highway Slurry Seal and Crack Seal $123,000 2022 Bixville Homes subdivision Overlay $410,000 2023 Southern Ave.; Ironwood to Apache Slurry Seal $100,000 2023 Delaware Dr. Broadway to Apache Trail ' Slurry Seal $70000 2023 Clayton Subdivision Slurry Seal $190,000 2023 Superstition Estates/Vistas Subdivision Slurry Seal $210,000 2023 Spring Chip Seal Campaign FY22-23; Various rural streets Chip Seal $330,000 2023 Impact of SST City's goal is to achieve a service level of "Good" (14 Remaining Service Life [RSL] rating out of a maximum 20 RSL) for its total street inventory. A pavement condition assessment is conducted routinely, rating seven different categories of street pavement distresses which then prioritizes and drives what treatments are planned. Without SST: City would not have enough monies to maintain a current level of "Good to fair" (12-14 RSL) and would dip down to "Fair to Poor" (11-9 RSL) within 5 years. RSL of 11.5 or less has shown to elicit many more citizen complaints regarding bad pavement conditions and potholes. . 2 % PSPRS Sales Tax .2% PSPRS Sales Tax .2% Street Sales Tax Difference FY 20/21 $11455,316 $1,460,.638 $5,322 FY 21/22 $1,670,.506 $1,778,.204 $107.0698 FY 22/23 $11913,347 $21127,315 $213.1968 FY 23/24 $2,340,.486 $2,678,,502 $338.1016 Public Safety's salary & benefits is roughly $12M a year. The .2% PSPRS taxes collected in FY 23/24 are roughly $2.3M. The remaining balance of $9.7M is funded by the general fund for Public Safety's salary and benefits. Please note: .2% PSPRS taxes collected is $2.3M . In actuality, PSPRS remittance is only $1 M . The remaining balance of $1 .3M is funding the PS salaries. .2% PSPRS taxes collected $2.3M Actual PSPRS payroll paid out 1 M Difference is covering salaries $1 .3M 60,00% VVIPLOYEE RATE 0 EMPLOYER RATE pSpRS CONTRIBUTION RATES LAST TEN FISCAL YEARS 50,00% YEAR AVERAGE ENDING EMPLOYER EMPLOYEE JUNE 30, RATE RATE 40 00% 2014 30.44% 10.35% 2015 3154% 11.05% 50 OEM 2016 41.37% 11.65% 2017 4161% 11.65% 2018 52.09% 11.65% 20,00% 2019 5 2.1 O'Yo 11.65% 2020 52.47% 11.65% 2021 54,68% 11.65% 2022 56.46Yo 11.65% 2023 54.36% 11.65% OMI% R 2017 2 1,14 2ols 20,46 2018 2110:119 20120 2 021 1 202-2 2023 City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No. 10. File ID: 24-1003 Sponsor: Shane Kiesow Agenda Date: 1/21/2025 Index: In Control: City Council Meeting Presentation and discussion on award of contract to Empire Power Systems for the installation of an emergency backup power generator for City Hall. The work would be through the Sourcewell Cooperative Contract No. 092222-CAT in an amount not to exceed $582,500.00 which includes a project contingency of$50,000.00. Work is planned to start next month and finish during summer 2025. City of Apache Junction,Arizona Page 1 Printed on 111612025 Public Works Department Home of'the Superstition Mountains .ter. Date: January 13, 2025 To: Mayor and Members of the City Council Through: Bryant Powell, City Manager Ted Wolff, Public Works Director From: Shane Kiesow, Public Works Manager Subject: Consideration on Award of Project# PWB23-09C City staff respectfully brings forth for discussion for city council's consideration of award of contract to Empire Power Systems for project PWB23-09C. This project involves the installation of a backup power generator and needed enclosure for City Hall for an amount not to exceed $582,500.00. This generator would cover all buildings located at the 300 East Superstition Boulevard City Hall address. Benefits include the mitigation of power disruptions during routine operations, add functional capabilities for the buildings during emergency events, and mitigate city's network vulnerabilities that route through City Hall that impact other city buildings including Public Works and Animal Control. Facilitated by presentation, city staff will share more on the scope of this project, along with its funding and overview of location planned for the generator. Staff will also speak to the additional capabilities the generator will give City Hall during emergency events. If in agreement with council, project is planned to be brought back in early February as a consent item for the consideration of approval of award. 575 E. Baseline Avenue, Apache Junction, AZ 85219 Voice(480) 982-1055 • FAX (480) 983-5752 or(480) 982-8005 "CityCONSTRUCTION AGREEMENT BETWEEN CITY OF APACHE JUNCTION AND EMPIRE POWER SYSTEMS FOR PROJECT: Generator THIS T made and entered into by and between the CITY OF APACHE JUNCTION an Arizona municipal corporation. ("City"), and EMPIRE POWER SYSTEMS, an Arizona limited liability company ("Contractor"), sometimes collectively referred to as the"'Parties"or individually as the"Party RECITALS A. Contractor asserts its willingness, ability and qualifications to provide the services and infrastructure (the "Work") called for in the cooperative Sourc welt Contract 09222 -tom ' on file with the it ' public works director) andContractor's estimate (attached hereto as Exhibit dated December 17, 20 (collectively the "'ContractDocuments"). B. Cite 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 ( . .") Title 34, and Apache Junction City Code Vol. 1, Chapter 3, Administration, Article 3- , 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: 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 Five Hundred Eighty Two Thousand Five Hundred Dollars and Zero Cents 2,500.00) (the "Contract u which includes a Fifty Thousand Dollar ( 0,000.00) contingency, for the performance of the Work. All contracts will be operable for their full terra 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 terns and conditions of the Contract Documents and that partial payment or the entire balance due the Contractor is payable. Final payment shell not become due until the Contractor submits to the City all required lien waivers, releases and any other data establishing payment or satisfaction of allContractor'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 lime, including all costs and reasonable attorney fees. . CONTRACT T The Term of this Agreement is January 2, 2026, to December 31, 2025. This provision dries 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, pray 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. S. INSPECTIONS l It jjy € F yQ 1 : 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 oast to City whatsoever. 6 WARRANTY: Contractor shall guarantee the Work against defective workmanship or materials for a period of one (1) year from the date of its final acceptance 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. 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 ether 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. 1, 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 _e 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 codem 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 3 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 shill 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. 0. SUPERINTENDENT: Contractor shall employ a competent project superintendent who shall be in attendance at the project site during critical work activities and as required to maintain project schedule. 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. 1 R CH UL. ; 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 reasonable attorney and expert witness fees, arising from, or alleged to have arisen from, 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 the Work under 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 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 anContractor'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, but only 4 to the extent caused by the negligence, recklessness or intentional wrongful conduct of !contractor or any tier ofContractor's subcontractors or any other person for whose acts, errors, mistakes, omissions, Work or services Contractor may be legally liable in the performance of the Work under this Agreement or subcontract. 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. The rights and obligations under this Section shall survive termination of this Agreement. 1 _SUBCONTRACTORS: All subcontractors chosen by Contractor will be subject to ity's approval. All subcontractors shell be Identified by Contractor prior to award of contract. Contractor shall make no substitutions for any subcontractor, person or entity previously selected without the approval of City. 14. APPL.ICABL.ELAW AND V EI : 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 coats 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. 16. I ' St[ ANG 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 +6, or approved unlicensed i 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, exceptWorkers' Compensation, shall contain a waiver of transfer rights of recovery (subrogation) against City, Its agents, officers, 5 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 andor 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 ire ontr for 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 ( 0) working days, certified copies of any or all of the herein required insurance policies and/or endorsements. City shell 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, i s right to insist on strict fulfillment ofContractor's obligations under this Agreement. The Insurance policies, exceptWorkers' Compensation and Professional Liability, required by this Agreement, shall -name City, its agents, officers, officials and employees as Additional Insureds. REQQI V Commercial General Liability Contractor shall maintain in Commercial n ercial en ral 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 , CC 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 props - damage, including death, which may arise in the prosecution of Contractor's work, service or operations under this Agreement. Coverage smell 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). 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 $6,000,000 per accident limits for bodily injury and property damage shall apply. Workers' Compensation Contractor shall carryWorkers' Compensation insurance to cover obligations imposed by federal and Mate statutes having jurisdiction of Contractor's employees engaged in the performance of the Work or services; andEmployer's Liability insurance of not less than $100,000 for each accident, $100,000 disease for each employee, and $500,000 disease policy limit. By execution of this Agreement, Contractor certifies as follows. "I am aware and understand the provisions of A. .$. § 23 901 et seq. which requires every employer to be Insured against liability forworkers' 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 rewired, !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 provideWorkers' Compensation andEmployer's Liability insurance to at least e same extent as required of Contractor, 7 Certificates of Insurance Prior to commencing work or services under this Agreement, Contractor shall furnish City with Certificates of Insurance, or formal endorsements as required by the Agreement, issued by Contractor's insurer(s , as evidence that policies providing the required coverages, conditions and limits required by this Agreement are in full force and effect. The form of the certificates of insurance and endorsements shall be subject to the approval of the Apache Junction City A orney'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 this Agreement are written on a "claims made" basis, coverage shall extend for two ( ) 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{ 0) calendar days prier 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 CityAttorney) 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 prevision. "Solely as respects wont 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 salt not expire, be canceled, or materially changed without thirty 30)calendar days' prior written notice to City. t . 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 or or an adjustment in the construction agreement surer 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 sure or extension of construction agreement time and not inconsistent with the intent of this construction agreement. All such changes shall be affected by written order and shall be binding upon City and Contractor. 17. SUCCESSORS. ASSIGNMENTDELEGATION: City and Contractor each hind 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 ents 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. . WRITTEN NOTICE: Written notice shall be deemed to have been duly served f-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 FShould 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 C S; 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. 1. SAFETY: Contractor and/or its subcontractors shell be solely responsible for job safety at all tunes. 2. 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 then 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 AJ U either City nor Contractor, as the case may be, shall be considered not to have performed its obligations under this Agreement 9 in the event of enforced delay an "EnforcedDelay") due to causes beyond Its control and without its fault or negligence or failure to comply with applicable laws, Including, but not restricted to, acts of God, fires, floods, epidemics, pandemics, quarantine, restrictions, embargoes, labor disputes, and unusually severe weather or the delays of subcontractors or material en due to such causes, acts of a public enemy, war, terrorism or act of terror (including but not limited to bio-terrorism or eco-tern risen), 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 Malay 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 EnforcedDelay; 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 EnforcedDelay; and provided further that in no event shall a period of=Enforced Delay exceed ninety(90) calendar days, 4. 1 INATI N: A. °T IN TIO CITY: City shall be permitted to terminate this Agreement if In the discretion of the city manager or his or her designee, believes Contractor has failed to meet the terns 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. S. TERMINATION BY -- : 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.. ail ten {10)calendar days before such termination takes effect. . 5. 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. 10 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 than no alteration or variation of the trans 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. 23. S t! ILIT'Y: 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 farce 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 Partiesfurther 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 N : 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 ofA.R.S. § 38- 9 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 T T OF I L The Parties acknowledge A.R.S. §§ 3 - 393 through 3 -393. 3, 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. CERTIFICATION PURSUANT T , 3 - g . In accordance with Arizona Revised Statutes § 35-394, Contractor hereby certifies and agrees that Contractor does not currently and shall not for the duration of this Agreement use: 9) the forced labor of ethnic Uy hors in thePeople's Republic of China, any services or goods produced by the forced labor of ethnic I yghurs In the People's Republic of China, and/or 3 any suppliers, contractors or subcontractors that use the forced layer or any services or goods produced by the forced -labor of ethnic tlyghurs In the People's Republic of China. If Contractor becomes aware during the terra of this Agreementthat Contractor is not in compliance with this Section, than Contractor shall notify the City within five business days after becoming aware of such noncompliance. If Contractor does not provide the City with written certification that Contractor has remedied such noncompliance within one hundred eighty ( 80) days after notifying the City of such noncompliance,this Agreementshall terminate,except that if the Agreement termination date occurs before the"end of such one hundred eighty (1 0) day remedy period, this Agreement shall terminate on such contract termination date. 33. COMPLIANCE WITH _ L AND STATELAWS: ontractor 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 01, Contractor hereby warrants its compliant with all federal immigration laws and regulations that relate to its employees and A.R.& 3-214(A . Contractor further warrants that after hiring an employee, Contractor will verify the employment eligibility of the employee through the "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. 3- 14( , and subcontractors shall further warrant that after hiring an employee, such subcontractor verifies the employment eligibility of the employee through the -Verify program. A breech 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 0 per clay 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 Verify requirements contained in A.R.S. 3 14(A)W City retains the legal right to inspect the papers of any 12 Contractor or subcontractor employee who works under this Agreement to ensure that the Contractor or subcontractor is complyingwith 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. SIGNATURES TO BE ON FOLLOWING 1 IN WITNESS WHEREOFthe Parties hereto have caused this Agreement to be signed by their duly authorized representative as of this day Of . CONTRACTOR: EMPIRE 'iittER SYSTEMS, an Arizona aria limited ii Iity company y: Its. CITY: CITY OF `APACHE JUNCTION,ARIZONA, an Arizona municipal corporation y.Walter"Chip!Wilson Its: Mavor vie McKinney Deputy City Clerk APPROVED TO FORM: Richard J. Stern City Attorney 14 ST T F ,,,. COUNTY Y F ....' Q ` The foregoing was subscribed and sworn to before me this � day of b f l�q)2� , 2024, by VP of Empire Power Systems, an Arizona limited liability company. Notary Public My Commission Expires: -5 ' L ry Pu S$0, t tez �ar�ac�n rssaunzy amrislnire August , STATEI N )ss. COUNTY F PINAL The foregoing was subscribed and sworn to before me this day of , 2025, by Walter "Chip" Wilson as Mayor of the City of Apache Junction, an Arizona municipal corporation. Notary Public y Commission Expires: 1 6 SYSTEMSEMPIRE POWER emplRe M 840 North 431d Avenue PUMP SYSVJM Phoenix,AZ 85009 Quote date. t 211 124 Quote valid for 30 days Re.Apache Junction Generator Project Proposal - Sourcewell Contract 0 2222-CAT In accordance with your request,we are pleased to submit the following proposal for the above- mentioned project" Empire Pourer Systems proposes to furnish and install this equipment at the below quoted scope and price. `hank you for the opportunity to provide this proposal. Please reach out anytime with any questions or feedback.We look forward to working with you. Regards, 6 -176 / Empire Power Systems Sales Engineer Brett.tolman@empire-cat.com 602-622-5608 840 N.431d Avenue,Phoenix,AZ 09-5332 P.O.8ox 2935,Phoenix,AZ 35062-2 65 . 6021 3-5600 a Fear; 2f3 - A€ IVI ION OF EMPIRE SOUTHWEST,LLC liftpl/empire.catoorn AZ contractors Uc nse RO 267407 Page 1 of 3 EMPIRE POWER SYSTEMS EMPIRE M 80 North 430 Avenue PMA"Warn" Phoenix,AZ 8500 ILL OF MATERIAL One(1) Caterpillar Packaged Generator • 400kW standby rated • UL2200 package, Electronic Control Panel • 480 volt, 3 phase,80 hertz. 18OOrpm • Main Circuit Breaker LSI--600A • Sound Attenuated Enclosure • UL142 subbase fuel tank with spill containment, 24 hours • 1 }A Battery charger • Lead Acid Batteries • Jacket Water Heater • 5 year warranty parts and labor • Site testing and startup, client training One( A CO Automatic Transfer Switch • 800A • 48O ,4 pale • 50kaic • Nema 3P One fMetered SES • 8 0A- • 48 V, 3Ph,4 S1 • Braced for 4kaic • Nema 3P SCOPE • All work to be performed during normal, Monday—Friday, Gam m-4pm working hours. - Exception electrical cutove s are planned for after hours. • Memo existing wall and footings, curb, asphalt, door return to owner stock), haul off l clean up. Demo will require three 3 days uninterrupted noise and dust generating work during normal business hours. • Demo and make safe all electrical as indicated • Schneider electric replace meter with 2000A rated buss plug • New wall footings and concrete slab • New masonry wall and extension to existing wall • New double doors with frame, non-fire-rated • New door hardware, exterior handle, interior push bar • Interceptlin tall underground conduit,wire, electrical system • Concrete sealants • Asphalt patch back • Stucco and paint masonry walls h • General conditions dumpster, temporary toilet, supervision • Material testing and special inspections, if required 840 r .43111 Avenue,Phoenix,AZ -53332 P.O.Box 2985,Phoenix,AZ 86062-2986 - 602/ -5600 Fax.6021333- A DIVISION OF EMPIRE SOUTHWEST,LLC http:ftempire.cat.com AZ Contractors License ROC267407 Page 2 of ISYSTEMS OMPIRO M840 North 4314Avenue Phoenix,AZ 8009 gOMMENTS AND CLARIFICATIONS • We anticipate utilizing the parking lot to the south for laydown and parking for the duration of the project,estimated 3 months. • Existing owner grater availability onsite is assumed available for construction purposes • No si rage specified or supplied • Walls and deers have no fire rating per plan • No electronic access control systems are shown or provided • If owner approves re-use of door/frame,cost deduct will be provided • Removal of existing landscaping and landscape timer to be performed by ethers pricer to start of construction • Includes performance bored • Superintendent onsite coverage as needed. grew lead will be designated as site contact when superintendent is not onsite. EXCLUSIONS • Asbestos, meld, lead hazardous materials testing,discover, or remediation, • Design or permits • Remediation of pre-existing code issues not currently shown • Fond • Removal of owner material in storage area • Finish landscaping • RP costs RI I It l ui ment and installation er Ian $ 3 ,600.00 Owner Conti $bg£tg g0 otal $582,5K00 840 N.431 Avenue,Phoenix,AZ 85009-5332 . P.O.Box 2985,Phoenix,AZ $5062-2985 60 133 -15600 Fax.602/333-5666 DIVISION OF EMPIRE SOUTHWEST,LLC hftp://empire.catcom AZ Contractors License ROC267407 Page 3 of 3 CITY COUNCIL MEETING ROLL CALL date: /-,,?J- o?a 5- Work Study Regular Special ` CITY CQl3NCIL. � Present Ab/excu Present Abfexcu Present. AbJexcu MAYOR WILSON VICE MAYOR SCHROEDER COUNCILMEMBER CROSS COUNCILMEMBER HECK COUNCILMEMBER JOHNSON COUNCILMEMBER NESSER t/ COUNCILMEMBER SOLLER — TOTAL CITY STAFF: Present AbJexcu Present Ab/excu Present Ab/excu City Manager Bryant Powell Assistant City Manager Matt Busby — V` City Clerk City Attorney —Joel Stern IT Director Doug Wirthgen Mrkt Comm Director Kayla Fulmer --- Public Safety Director Michael Pooley Public Safety Assistant Johnny John - - -- - -- -- ----- ___. - Dev Services Director Rudy Esquivias — PW Director Ted Wolff ------� � --- Pars& Rec Director Liz Langenbach - -------- ------- Econ Director Library Director Pam Harrison -.--- -- Finance Director --Angeiie Hawley - HR Director Anna McCray Water District Director Mike Loggins Municipal Judge Acting City Clerk Evie McKinney - Planning Manager Sidney Urias Building&.Safety Mgr AdrianAlegria Senior Planner Kelsey Schattnik — Planner Erica Hernandez 1 Planner Nick Leftwich -- -- - — e y PW Project Engineer Raquel Schatz j * City Engineer. Emile Schmid Management Anaylyst Rob Wisler y` 0 i,j S, i���3T,�¢.I � ese, � �� 7,_�ti��,�xl a. ,11 .. _.'"�°i �,a'i�u :.l3 City Council VOTE - ROLL CALL I- q 24- 117 ITEM # iw MEETING OF MOTION BY: �w-s> SECONDED BY: NOTES: A AK4404A-5 /�Jor\YOYI, 67i'le 47cy 'S YES YES ABSTAINED CITY COUNCIL: ----------------- COUNCILMEMBER SOLLER ---------- COUNCILMEMBER NESSER COUNCILMEMBER CROSS ——------------ COUNCILMEMBERJOHNSON VICE MAYOR SCHROEDER COUNCILMEMBER HECK MAYOR WILSON TOTAL UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL Vote Sheet 3 S:/5—Templates&Forms Vote Call—City Council City Council ORDINANCE VOTE ROLL CALF. ITEM .` - MEETING OF -�OfVsfS77ECONDED BY: MOTION BY: qC/ 1 MOTION BY: SECONDED BY: NOTES. , , a _ a f -------- ----.__. --------------______------- YES NO EXCUSED CITY COUNCIL: — COUNCILMEMBER,IOHNON - VICE MAYOR SCHROEDER COUNCILMEMBER SOLLER COUNCILMEMBER CROSS COUNCILMEMBER NESERmm COUNCILMEMBER HECK MAYOR WILSON TOTAL UNANIMOUS IN FAVOR OPPOSED EXCUSED YES NO EXCUSED CITY COUNCIL: } COUNCILMEMBER CROSS COLINCILMEMBER HECK VICE MAYOR SCHROEDER n_ _._ COLINCILMEMBER SOLLER� OUNCILMEMBERJOHNSON�j COUNCILMEMBER NESSER - MAYOR WILSON TOTAL UNA IMC>U5 IN FAVOR OPPOSED 1EXCUSED S./5--Templates&Forms/Vote Call-City Council City Council ORDINANCE VOTE - ROLL CALL ITEM # -* P ;? MEETING OF MOTION BY: JQ& SECONDED BY; MOTION BY; � SECONDED BY: NOTES: 4 ! r s 1,(_5 YES NO EXCUSED CITY COUNCIL: COUNCILMEMBER NECK COUNCILMEMBER CROSS VICE MAYOR SCHROEDER COUNCILMEMBER NESER COUNCILMEMBER JOHNSON -- ---_. COUNCILMEMBER SOCCER MAYOR WILSON TOTAL UNANIMO IN FAVOR OPPOSED EXCUSED YES NO EXCUSED CITY COUNCIL: a COUNCILMEMBER SOLLER COUNCILMEMBER JOH SON VICE MAYOR SCHROEDER COUNCILMEMBER NEE._ COUNCILMEMBER CROSS COUNCILMEMBER NECK MAYOR WILSON TOTAL UNANIMOUS IN FAVOR I OPPO:%tD EXCUSE[ S:/5-Templates&Forms/Vote Call=City Council D ate: ` CITY OF APACHE JUNCTION REQUEST TO SPEAK FORM Please fill out completely and return to the City Clerk PRIOR to the conclusion of the City Manager's Report portion of the agenda. I would like to speak on Agenda Item #: I would like to speak on a Non-Agenda matter regarding: Do you wish to speak before Council on this item? Yes / No_ Only If Necessary —1 am in favor of the proposed Item. —1 am opposed to the proposed Item. /1 —g— ?7, i,, 9 First Name test Name (PRINT) 12 L) 6, — Address city Zip Code Tho : E-mail address This information will be used by staff for follow-up, if necessary. Speakers shall make comments directly to the Mayor and City Council when called up to speak at the podium. Note: Call to the Public comments have a three minute limit and Public Hearing_!gomments have a five minute limit. Consent for Minor to be Audio and/or Video Recorded: 1, , as the parent guardian of (minor(s)), a minor(s), agree to allow said minor(s) to appear and/or participate in the City of Apache Junction City Council Meeting. I further understand that this activity may be audio and/or video recorded and I hereby consent to the minor being audio and/or video recorded during his/her participation with the likelihood that their image will appear on cable TV and the Internet video stream showing their participation. A.R.S. 1-602 (A)(9). Signature of Parent/Guardian— Date 08/26/2019 Date:_21 CITY OF APACHE JUNCTION ,�4 -2-4 REQUEST TO SPEAK FORM Please fill out completely and return to the City Clerk PRIOR to the conclusion of the City Manager's Report portion of the agenda, I would like to speak on Agenda Item #: I would like to speak on a Non-Agenda matter regarding: Do you wish to speak before Council on this item? Yes— No— Only If Necessary —1 am in favor of the proposed Item. —1 am opposed to the proposed Item. First Name Last Name (PRINT) �Ci�ty ���tp Code�Addra�ss � Telephone all address This information will be used by staff for follow-up, if necessary, Speakers shall make comments directly to the Mayor and City Council when called up to speak at the podium. Note: Call to the Public comments have a three minute limit and Public Consent for Minor to be Audio and/or Video Recorded: 1, , as the parent/guardian of (minor(s)), a minor(s), agree to allow said minor(s) to appear and/or participate in the City of Apache Junction City Council Meeting, I fUrther understand that this activity may be audio and/or video recorded and I hereby consent to the minor being audio and/or video recorded during his/her participation with the likelihood that their image will appear on cable TV and the internet video stream showing their participation. A.R,S, 1-602 (A)(9 . bate Signat 0 re uardian b 08126/2019