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HomeMy WebLinkAbout2021 03.02 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 www.ajcity.net Ph:(480)982-8002 Tuesday, March 2,2021 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. 21-073 Consideration of acceptance of agenda. Sponsors: Jennifer Pena 2. 1-074 Consideration of approval of minutes of the regular meeting of February 16, 2021. Sponsors: Jennifer Pena Attachments: Minutes 3. 21-079 Consideration of approval of an Award of Contract to Sunland Asphalt for the reconstruction of Lost Dutchman Boulevard from Tomahawk Road to State Route 88. The work is planned for May/June, 2021 and will be through the 1 Government Procurement Alliance Cooperative Contract No.17-16P-05 in the amount of$347,458.20, plus a 10% contingency for unforeseen change orders in the amount of $34,745.82, for a total project cost not to exceed $382,204.02. As presented and discussed at the June 16, 2020 city council work session for the FY 20/21 CIP &Street Maintenance Plan, the work will result in a new paved surface, which includes street striping and bike lanes for this portion of Lost Dutchman Boulevard. Sponsors: Shane Kiesow Attachments: HFS21-05 Last Dutchman Ph1 Agreement-Sunland HFS21-05 Sunland Asphalt RS AIT Staff Memo City of Apache Junction,Arizona Page 1 Printed on 2/23/2021 City Council Meeting Agenda March 2,2021 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. 4. 21-046 Presentation of proclamation designating 2021 as"Get Outdoors Arizona". Sponsors: Liz Langenbach Attachments: Get Outdoors Arizona F. ANNOUNCEMENT OF CURRENT EVENTS The mayor or any member of council may at this time present a brief summary of current events. However, no discussion shall take place on such items except for clarifying comments related to substance, time and location. 5. 21-075 Announcement of current events 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. 21-076 City Manager's Report. Sponsors: Bryant Powell 7. 21-065 Presentation and discussion with the Executive Director of Phoenix-Mesa Gateway Airport, Brian O'Neill, regarding current events and new developments at the airport. Sponsors. Bryant Powell 8. 21-086 Discussion and update on membership renewal for participation in the Arizona Metropolitan Trust Program (employee insurance). Sponsors: Bryant Powell H. PUBLIC HEARINGS Public hearings required by applicable law shall be conducted by the council and any person shall be given the opportunity to speak.All remarks shall be addressed to the council as a whole and not to any member thereof. Such remarks shall be limited to five(5)minutes unless additional time is granted by the mayor. This time limitation shall not apply to applicants and their agents appearing before the council. 1. OLD BUSINESS The council shall consider any business that has been previously considered and which is still unfinished to include those items previously postponed or tabled. No member of the public shall be permitted to speak on these items unless invited to do so by the mayor after first submitting a written request-to-speak form with the city clerk. City of Apache Junction,Arizona Page 2 Printed on 212312021 City Council Meeting Agenda March 2,2021 J. NEW BUSINESS The council shall consider any business not yet considered. No member of the public shall be permitted to speak on these items unless invited to do so by the mayor after first submitting a written request-to-speak form with the city clerk. 9. 21-078 Presentation and discussion for an extinguishment request submitted by Gail Torchio and Rich Winters, of a Federal Patent Easement ("FPE"), located at 1762 North Goldfield. Sponsors: Raquel Schatz Attachments: Res 20-44 Council Memo Res 20-44 Resolution Combined 21-XXX Extinguishment CRAFT K. COUNCIL DIRECTION TO STAFF This item allows the mayor and city council to direct staff on specifically listed matters. L. SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES 10. 21-077 The next regularly scheduled Work Session is Monday, March 15th and the next regularly scheduled Council Meeting is Tuesday, March 16th, 2021. Sponsors: Jennifer Pena M. CALL TO PUBLIC At this time the public has the privilege to address the council with requests, communications, comments or suggestions relating to city business.All speakers must have already submitted a written "Request to Speak"form to the city clerk no later than the conclusion of the city manager's report portion of the agenda. If there is a group speaking on the same item, they should select a spokesperson.All such remarks shall be addressed to the council as a whole and not to any member thereof. The mayor is authorized to ask a speaker to stop speaking and leave the podium or to adjourn the meeting if anyone becomes disorderly, uncivil, makes personal attacks or continues to speak about items that are not within the jurisdiction of the city after being warned such issues are beyond the jurisdiction of the city to act. The council may not answer questions of the speaker, discuss the matter with one another, but may, at the conclusion: 1)respond to criticism by a speaker, 2)ask the city manager to review a matter, 3) ask the city manager to place the matter on a future agenda. Each speaker must approach the podium, speak into the microphone,provide their name and address. There is a three(3)minute time limit per speaker. City of Apache Junction,Arizona Page 3 Printed on 212312021 City Council Meeting Agenda March 2,2021 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 212312021 City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No. 1. File ID: 21-073 Sponsor:Jennifer Pena Agenda Date:3/2/2021 Index: In Control: City Council Meeting Consideration of acceptance of agenda. City of Apache Junction,Arizona Page 1 Printed on 212312021 City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No.2. File ID: 21-074 Sponsor:Jennifer Pena Agenda Date:3/2/2021 Index: In Control: City Council Meeting Consideration of approval of minutes of the regular meeting of February 16, 2021. City of Apache Junction,Arizona Page 1 Printed on 212312021 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 www.ajcity.net Ph:(480)982-8002 Tuesday, February 16,2021 7:00 PM City Council Chambers A. CALL TO ORDER Mayor Wilson called the council meeting to order. B. INVOCATION AND PLEDGE OF ALLEGIANCE Vice Mayor Rizzi gave the invocation and Councilmember Gremmel led the meeting attendees in the Pledge of Allegiance. C. ROLL CALL Present: 7- Mayor Wilson Vice Mayor Rizzi Councilmember Evans Councilmember Schroeder Councilmember Biggs Councilmember Nesser Councilmember Gremmel City Staff in Attendance: Bryant Powell, City Manager Matt Busby, Assistant City Manager Joel Stern, City Attorney Jennifer Pena, City Clerk Al Bravo, Public Information Officer Thomas Kelly, Chief of Police Fox Young, Program & Resource Coordinator Liz Langenbach, Parks& Recreation Director Mike Wever, Public Works Director Jill Bright, Deputy City Clerk(remotely) D. CONSENT AGENDA Councilmember Biggs moved,seconded by Councilmember Nesser to accept the consent agenda as presented. Yes: 7- Mayor Wilson, Vice Mayor Rizzi, Councilmember Evans, Councilmember Schroeder, Councilmember Biggs, Councilmember Nesser and Councilmember Gremmel No: 0 1. 21-049 Consideration of acceptance of agenda. City of Apache Junction,Arizona Page 1 City Council Meeting Meeting Minutes February 16,2021 2. 21-050 Consideration of approval of minutes of the regular meeting of February 2, 2021. E. AWARDS, PRESENTATIONS AND PROCLAMATIONS 3. 20-646 Recognition by the mayor and city council of individuals and/or organizations who have made donations to support city activities, programs and projects through the Friends of Apache Junction. Recipients may wish to make comments on their donation. Friends of Apache Junction board president Dana Cannizzaro presented that in 2020 donors gave over$74,500.00 to Friends of Apache Junction, Parks& Recreation, Paws and Claws Care Center and the Police Department. Ms. Cannizzaro presented the names of the corporate, organization and individual donors and thanked them. F. ANNOUNCEMENT OF CURRENT EVENTS 4. 21-051 Announcement of current events from mayor and councilmembers. Councilmember Biggs shared that the NJROTC car show was last weekend and it had a great turnout. He visited the Boys &Girls Club last week. The Star Family Event is March 13th. Councilmember Nesser shared that the new Apache Junction Area Chamber of Commerce name and logo was released. She explained the Spring into Savings program that the Chamber is hosting. The Chamber's March Mixer is March 18th. Mayor Wilson shared that we had a successful State of the City last week. The Food Bank received a new freezer and can now accept more food to donate. He visited Phoenix Mesa Gateway Airport today. G. CITY MANAGER'S REPORT 5. 21-052 City Manager's Report. City Manager Bryant Powell recognized Vice Mayor Rizzi and Robin Barker for their donations to city organizations as well. 6. 2 -677 Discussion and presentation by Stephen Herring of Republic Services on free dump week and update on Landfill activity. Republic Services Municipal Relationship Manager Stephen Herring shared that as of today 1,290 residents have signed up for recycling services, which is about 12% of the community. Over 117 tons was brought into the dump for the quarterly free dump week last week. Free bulk service is being used by an average of 30%of residents. 7. 21-036 Discussion and update on corporate sponsorships, Friends of Apache Junction and the programs and resources of the Community Development Corporation (CDC). Programs and Resourced Coordinator Fox Young provided an update on corporate sponsorships. The city received $29,420.00 in revenue in 2020. Corporate sponsorships were Republic Services and SRP. City of Apache Junction,Arizona Page 2 City Council Meeting Meeting Minutes February 16,2021 Mr. Young read the Friends of Apache Junction's mission statement and shared that they are an all volunteer board and give back 98%of all donations to the community. In 2020, they provided over$46,500.00 for events, programs and improvements within the city. Mr. Young read the AJ Community Development Corporations mission statement and shared that their current projects consist of the focal point, make a difference day and community revitalization. Their upcoming project is going to be to clean up the Fields of Dreams at the Boys & Girls Club. He presented the website and explained how residents can apply for help online. H. PUBLIC HEARINGS I. OLD BUSINESS 8. 21-060 Discussion and possible action on Resolution No. 21-04 authorizing an Inter-governmental Agreement with Pinal County for an Off-Leash Dog Park at the County Complex located at 575 North Idaho Road. Vice Mayor Rizzi moved,seconded by Councilmember Nesser that Resolution No.21-04 authorizing an Inter-Governmental Agreement with Pinal County for an Off-Leash Dog Park at the county complex located at 575 N. Idaho Road be approved. Yes: 7- Mayor Wilson, Vice Mayor Rizzi, Councilmember Evans, Councilmember Schroeder, Councilmember Biggs, Councilmember Nesser and Councilmember Gremmel No: 0 Parks& Recreation Director Liz Langenbach discussed the details of the 25 year Intergovernmental Agreement(IGA)with Pinal County for an off-leash dog park in the retention basin at the county complex. The county is presenting this IGA for approval this week. The county will contribute to the electrical cost for irrigation system and drinking fountain operation. The lighting will be solar. Councilmember Gremmel asked how parking will work. Ms. Langenbach responded that the park will be closed on the morning of the busiest day at the county complex and city staff will do maintenance during that time. Councilmember Nesser asked about any amenities that will be available. Ms. Langenbach replied that the park will have three different fenced areas based on dog size. The entry area is double gated. There will be a lot of trees and shade. The drainage will flow around the dog park. The Art Commission is working on getting art there. She is anticipating the project to begin at the end of summer and to open next Spring. 9. 21-065 Presentation, discussion and consideration of Resolution No. 21-05 a resolution of the mayor and city council of the City of Apache Junction, Arizona, adopting policy guidelines and application procedures for the establishment of community facilities districts. Councilmember Evans moved,seconded by Vice Mayor Rizzi that Resolution No.21-05 adopting policy guidelines and application procedures for establishment of community facilities districts be approved. City of Apache Junction,Arizona Page 3 City Council Meeting Meeting Minutes February 16,2021 Yes: 7- Mayor Wilson, Vice Mayor Rizzi, Councilmember Evans, Councilmember Schroeder, Councilmember Biggs, Councilmember Nesser and Councilmember Gremmel No: 0 City Attorney Joel Stern shared that Zach Sakas of Sherman & Howard LLC will present and answer any questions. Mr. Sakas explained that there is pending legislation regarding Community Facilities Districts (CFD). Laws have changed numerous times since the last time the city has created a CFD. In most cases the city council serves as the board members for the CFD but sometimes council will add two ex officio members. 10. 21-068 Presentation, discussion and consideration of Resolution No. 21-06, re-affirming support of the North-South Corridor alignment from U.S. 60 as detailed in the Pinal Regional Transportation Plan approved by the voters of Pinal County in November 2017. Vice Mayor Rizzi moved,seconded by Councilmember Nesser that Resolution No.21-06 which re-affirms support of the North-South Corridor alignment from US 60 as detailed in the Pinal Regional Transportation Plan approved by the voters of Pinal County in 2017 be approved. Yes: 7- Mayor Wilson, Vice Mayor Rizzi, Councilmember Evans, Councilmember Schroeder, Councilmember Biggs, Councilmember Nesser and Councilmember Gremmel No: 0 Mayor Wilson explained that he asked for this to be on the agenda again so the new council can re-affirm support. Public Works Director Mike Wever presented a map and background on the North-South Corridor alignment. J. NEW BUSINESS K. COUNCIL DIRECTION TO STAFF L. SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES 11. 21-053 The next regularly scheduled Work Session is Monday, March 1st and the next regularly scheduled Council Meeting is Tuesday, March 2, 2021. M. CALL TO PUBLIC Wade Jones, 4550 N. Elmore in Mesa,just purchased property in Apache Junction and is asking that 22nd Avenue near the property be abandoned or be made a cul de sac on both ends. He would like to fence it. It is only gravel right now with a 66'easement that doesn't do anything. Donna Carr, 2178 W.Virginia Street in Apache Junction, says that the older mobile homes in the parks are fire hazards. Her internet is not good and she would like better service. She knows someone that updates old computers and donates them to those who are on disability. City of Apache Junction,Arizona Page 4 City Council Meeting Meeting Minutes February 16,2021 Vice Mayor Rizzi responded that the city would love to have Cox come in but it is very costly for Cox and they have to make sure they will have enough customers to support the initial cost to them. N. ADJOURNMENT Mayor Wilson adjourned the council meeting. ACCEPTED THIS DAY OF 2021, BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA. SIGNED AND ATTESTED TO THIS DAY OF 2021. CHIP WILSON Mayor ATTEST: JENNIFER PENA City Clerk CITY COUNCIL MINUTES CERTIFICATION I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the regular meeting of the City Council of the City of Apache Junction, Arizona, held on the day of , 2021. 1 further certify that the meeting was duly called and held and that a quorum was present. Dated this day of 2021. JENNIFER PENA City Clerk City of Apache Junction,Arizona Page 5 City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No. 3. File ID: 21-079 Sponsor: Shane Kiesow Agenda Date:3/2/2021 Index: In Control: City Council Meeting Consideration of approval of an Award of Contract to Sunland Asphalt for the reconstruction of Lost Dutchman Boulevard from Tomahawk Road to State Route 88. The work is planned for May/June, 2021 and will be through the 1 Government Procurement Alliance Cooperative Contract No.17-16P-05 in the amount of$347,458.20, plus a 10% contingency for unforeseen change orders in the amount of$34,745.82,for a total project cost not to exceed $382,204.02. As presented and discussed at the June 16, 2020 city council work session for the FY 20/21 CIP &Street Maintenance Plan, the work will result in a new paved surface, which includes street striping and bike lanes for this portion of Lost Dutchman Boulevard. City of Apache Junction,Arizona Page 1 Printed on 212312021 CITY OF APCHE JUNCTION STREET MAINTENANCE AGREEMENT PW# Hf"S21-05 "Lost Dutchman Blvd: Reconstruction;Tomahawk Rd. to R88" THIS AGREEMENT made and entered into by and between the CITY OF PACHE ,JUNCTION ("City„), an Arizona municipal corporation, and SUNLAND ASPHALT, an Arizona corporation, ("Contractor"), sometimes collectively referred to as the "Parties", or individually as a "Party" RECITALS A. Contractor asserts its willingness, ability and qualifications to provide the completed products, goods and services (the "Work") called for in 1 Governmental Procurement Alliance ("1 CPA") cooperative Contract No. 17-16P-05, and Contractor's Estimate dated January 12, 2021 (the "'Contract Documents"). B. City and Contractor desire to set forth herein their respective responsibilities and the manner and terms upon which Contractor shall complete the Work. C. City has complied with the public bidding requirements under Arizona Revised Statutes ("A.R.S.") Title 34, and Apache Junction City Code, Vol. 1, Chapter 3, Administration, Article 3-7,,Procurement Procedures, or such Work is categorically exempt from such process. AGREEMENT NOW, THEREFORE, City retains Contractor to perform, and Contractor agrees to render the Work in accordance with the terms and conditions set forth as follows: 1. PROJECT DESCRIPTION: Contractor shall do and perform or cause to be alone and performed in a good workmanlike manner, the Work in accordance with and as more fully described in 1GPA cooperative Contract No. 17=16P-05 and Contractor's estimate dated January 12, 2021 Exhibit A, including, but not limited to: A. Pulverize existing street's asphalt to depth of 5 inches totaling approximately 7,455 square yards. B. Cement treat subgrade with a minimum 4% cement totaling approximately 10,268 square yards. C. Pave 3 inches asphalt concrete e (EVAC A-19MM mix with 76- 22TR+) totaling approximately 10,268 square yards. D. Adjust survey monument to new asphalt concrete grade (Per MAG Type A specification): E. Survey, layout and re-stripe new street surface (2 coats of paint, including necessary symbols and center-line raised pavement markers). F. Provide traffic control as appropriate, including the use of only Apache Junction Police Department uniformed police officers. . PAYMENTS & COMPLETION: The total amount payable by the City to the Contractor is an amount not to exceed three hundred forty-seven thousand four hundred fifty-eight dollars and twenty cents ($347,458.20) (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 tinder the Contract Documents, City shall promptly submit for processing a certificate for payment stating that, to the best of its knowledge, information and belief on the basis of its observation and inspection, the Work has been completed in accordance with the terms and conditions of the Contract Documents and that partial payment or the balance due the Contractor is payable 3. O TRACT TERM The Term of this Agreement is March 29, 2021 to Jung: 30 2021. This provision sloes 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 MATERIAL4. Unless otherwise provided in the Contract Documents, Contractor shall provide, pay for and insure under the requisite laws and regulations all labor, materials, equipment, tools and machinery, water, heat, utilities, transportation, other facilities and services necessary for the proper execution and completion of the Work, whether temporary or permanent, and whether or not incorporated or to be incorporated in the Work. 5. INSPECTIONS ,AN© QUALITY C7F WtJRK: 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 2 Contract Documents. Contractor further agrees to make such corrections to the Work as may be directed by City to conform to said Contract Documents. 6.'- WARRANTY. Contractor shall guarantee the Work against defective workmanship or materials for a period of one (1) year from the date of its final acceptance under the contract, ordinary wear and tear and unusual abuse or neglect excepted. Any omission on the part of City to condemn defective Work or materials at the time of maintenance Work shall not be deemed an acceptance and Contractor will be required to correct defective Work or materials at any time before acceptance. Within one (1) year from the date of acceptance due to faults in workmanship or materials, Contractor shall begin making the necessary repairs to the satisfaction of City within fourteen (1 ) calendar gays 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 ether provision of the contract. The warranties and guarantees provided in this subsection shall be in addition to and not in limitation of any other warrantees, guarantees or remedies required by law, and shall survive the expiration of this Agreement for the time period mentioned above. 7. TAXES. Contractor shall pay all license, sales, transaction privilege, consumer, use and other similar taxes for the Work or portions thereof provided by Contractor which are legally enacted at the time bits are received whether or not yet effective or subsequently applicable clue to acts of jurisdictions or bodies other than City. 8. PERMITS & FEES: Unless otherwise provided in the Contract. Documents, Contractor shall secure and pay for all permits, government fees, licenses and inspections necessary for the proper execution and completion of work which are customarily secured after execution of the contract and which are legally required. Contractor shall give all notices and comply with all laws, ordinances, rules, regulations and lawful orders of any public authority bearing on the performance of the Work. City permits for this Work will be provided to Contractor at no cost. Contractor represents and warrants that any license necessary to perform the work under this Agreement is current and valid, Contractor understands that the activity described herein constitutes "doing business in the City of Apache Junction" and Contractor agrees- to obtain a business license pursuant to Chapter 8 of the Apache Junction City Code, Vol. 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 provider/ under this Agreement. 9. II ,QnEf?ENC1Eh1T CC)NTRACTtR: Contractor shall at all times during Contractor's performance of the services retainContractor's status as an independent contractor.- Contractor's employees shall sunder no circumstances be considered or held to be employees or agents of City, and City shall have no obligation to pay or withheld 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. 10. SUPERINTENDENT: Contractor shall employ a competent project superintendent who_ shall be in attendance at the project site during the progress of the Work; The superintendent shall represent and be the community agent of Contractor and communications given to the superintendent shall be as binding as if given to Contractor. Important communications shall be confirmed in writing. The designated superintendent shall be designated for each project and communicated to City before the Work is performed. 11. FR_OGRESS 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 held harmless City, its elected and appointed officers, officials, agents, and employees from and against any and all liability including but not limited to demands, claims, actions, fees, costs and expenses, including attorney and expert witness fees, arising from or connected with, or alleged to have arisen from or connected with, relating to,arising out of, or alleged to have resulted from the acts, errors, mistakes, omissions, the Work or services of Contractor, its agents, employees, or any tier of:Contractor's subcontractors in the performance of this Agreement, but only to the extent caused by the negligence, recklessness or intentional wrongful conduct of Contractor or its subcontractors in the performance of this Agreement or any subcontract. Contractor's duty to defend, hold harmless and indemnify City, any special :districts, elected and appointed officers, officials, agents, and employees shall arise in connection with any tortious claim, damage, loss or expense that is attributable to bodily injury, sickness, disease, death, or injury to, impairment, or destruction of property including loss of use resulting therefrom, caused by an Contractor's acts, errors, mistakes,mistakes, omissions,work or services in the performance of this Agreement including any employee of Contractor, any tier of Contractor's subcontractor or any other person for whose acts, errors, mistakes, omissions, work or services Contractor may be legally liable. 13. SUBCONTRACTORS: All subcontractors chosen by Contractor will be subject to City's approval. All subcontractors shall be identified by Contractor prier to award of contract. Contractor shall maize no substitution for any subcontractor, person or entity previously selected without the approval of City. 14. APP QABLE LAW ANa VENUE: The terms and conditions of this Agreement shall be governed by and interpreted in accordance with the laws of the State of Arizona. Any action at law or in equity brought by either Party for the purpose of enforcing a right or rights provided for in this Agreement,shall be tried in a court of competent jurisdiction in Pinal County, State of Arizona. The Parties hereby waive all previsions 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 can 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 casts including: all litigation and appeal expenses, collection expenses, reasonable attorney fees, necessary witness fees and court costs to be determined y the court in such action. 15. INSURANCE: Contractor, at its own expense, shall purchase and maintain the herein stipulated minimum insurance with companies duly licensed, possessing a current A.M. Best, Inc. Rating of B++6 or approved unlicensed in the State of Arizona with policies and forms satisfactory to City. All insurance required herein shall be maintained in full force and effect until all Work required to be performed under the terms of the Agreement is satisfactorily completed and formally accepted, failure to do so may, at the sole discretion of City, constitute a material breach of this Agreement. Contractor's insurance shall be primary insurance as respects the City, and any insurance or self-insurance maintained by City shall not contribute to it 5 Any failure to comply with the claim reporting provisions of the insurance policies or any breach of an insurance policy warranty shell not affect coverage afforded under the insurance policies to protect City. The insurance policies, except Workers'' Compensation, shell contain a waiver of transfer rights of recovery (subrogation) against City, its agents, officers, officials and employees for any claims arising out of Contractor's acts, errors, mistakes, omissions, Work or service. The insurance policies may provide coverage which contains deductibles or self- insured retentions. Such deductible and/or self-insured retentions shall not be applicable with respect to the coverage provided to City under such policies. Contractor shall be solely responsible for the deductible and/or self retention and City, at its option, may require Contractor to secure payment of such deductibles or self-insured retentions by a surety bond or an irrevocable and unconditional letter of credit. City reserves the right to request and to receive, within ten (Ill) 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. REQUIRED COVERAGE Commercial General Liabilit Contractor shall maintain Commercial General Liability insurance with a limit of not less than $1,000,000 for : each occurrence with a $2,000,000 Products/Completed Operations :Aggregate and a $2,000,000 General Aggregate limit. The policy shall include coverage for bodily injury, broad form property damage, personal injury, products and completed operations and blanket contractual coverage including, but not limited to, the liability assumed under the indemnification provisions of this Agreement, which coverage will be at least as broad as that on Insurance Service Office, Inc. Policy Form No. CG 00011093, or the equivalent thereof. Such policy shall contain a severability of interest provision, and shall not contain a sunset provision or commutation clause, nor any provision which would serve to limit third party action over claims. 6 The Commercial General Liability additional insured endorsement shall be at least as broad as the Insurance Service Office, Inc.'s Additional Insured, Form B, CG 20101185, or the equivalent thereof, and shall- include coverage for Contractor's operations and products and completed operations* If required by this Agreement, if Contractor sublets any part of the Work, Contractor shall purchase and maintain, at all times during prosecution of the Work, under this Agreement, an Owner and-Contractor's Protective Liability insurance policy for bodily injury and property damage, including death, which may arise in the prosecution of Contractor's Work, under this Agreement. Coverage shall be on an occurrence basis with a limit not less than $1,000,000 per occurrence, and the policy shall be issued by the same insurance company that issues Contractor's Commercial General Liability insurance, Automobile Liability Contractor shall maintain Commercial/Business Automobile Liability insurance with a combined single limit for bodily injury and property damage of not less than $1,000,000 each occurrence with respect to Contractor's owned, hired, 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, `zany 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, INKS 90 endorsement shall be included and $5,000,000 per accident limits for bodily injury and property damage shall apply. Workers' Compensation Contractor shall carry Workers' Compensation insurance to cover obligations imposed by federal and state statutes having jurisdiction of Contractor's employees engaged in the performance of the Work; and, Employer's Liability insurance of not less than $100,000 for each accident, $100,000 disease for each employee, and $500,000 disease policy limit. By execution of this Agreement, Contractor certifies as follows. "I am aware and understand the provisions of A.R.S. § 3-900 et seq. which requires every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of this chapter, and I will comply with such previsions before commencing the performance of the Work of this Agreement." If Contractor has no employees for whom workers' compensation insurance is required, Contractor shall submit a declaration or affidavit to City so stating and covenanting to obtain such insurance if and when Contractor employs any employees subject to coverage. In case any work is subcontracted, Contractor will require subcontractors to provide Workers' Compensation and Employer's Liability insurance to at least the same extent as required of Contractor. Pertificates-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 forte and effect. The form of the certificates of insurance and endorsements shall be subject to the approval of the Apache Junction City Attorney's Office, shall comply with the terms of this agreement, and shall be issued and delivered to City Attorney, City of Apache Junction, 300 East Superstition Boulevard, Apache Junction, AZ, 85119 In the event any insurance policies required by this Agreement are written on a "claims made" basis, coverage shall extend for two (2) years past completion and acceptance of Contractor's Work and as evidenced by annual Certificates of Insurance. If a policy clues expire during the life of the Agreement, a renewal certificate must be sent to City thirty(30) calendar days prior to the expiration date, All Certificates of Insurance shall be identified with bid serial number and title. Policies or certificates and completed forms of City's Additional Insured Endorsement (or a substantially equivalent insurance company farm 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 farm 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 stays' 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, 8 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 sure or extension of maintenance agreement time and not inconsistent with the intent of this maintenance agreement. All such changes shall be effected by written order and shall be binding upon City and Contractor. All change order disagreements of the Contractor shall be submitted in writing to the City Manager within five (5) calendar days after the difference of opinion or grievance occurs. Within five ( ) calendar days of receiving a written grievance, the City Manager shall respond in writing to the Contractor and city staff representative. The City Manager's decision shall be final and binding. 17. SUCCESSORS , ASSIGNMENT.& DELEGATION: City and Contractor each bind themselves, their partners, successors, assigns and legal representatives to the other Party hereto and to the partners, successors, assigns and legal representatives of such other Party in respect to all covenants, agreements and obligations contained in the contract t 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 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 seat 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 F'0'R Should either Party to the contract suffer injury or damage to personal property because of any act or omission of the ether Party or of their employees or agents for whose acts they are legally liable, claims shall be made in writing to such ether parties within a reasonable time after the first observance of such injury or damages. 20. PAYMENT & PERFORMANCE BONUSCity shall have the right to require Contractor to furnish bonds covering the faithful performance of the contract and the payment of all obligations arising hereunder. When required, standard bond forms must be completed by Contractor, and Contractor agrees to conform to all provisions set forth in such forms. 9 21. SAFETY: Contractor and/or its subcontractors shall be solely responsible for job safety at all times. 22. RIGHTS & REMEDIES: The duties and obligations imposed by the Contract Do ,"a'-,n,d,"the,,",,,rights- - and remedies available hereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. No action or failure to act by City or Contractor shall constitute a waiver of any right or duty afforded any of them under the contract, nor shall any action or failure to act constitute an approval of or an acquiescence to any breaches hereunder except as may be specifically agreed to in writing. 23. FORCE MAJEURE: Neither City nor Contractor, as the case may be, shall be considered not to have performed its obligations under this Agreement in the event of enforced delay an "Enforced Delay") due to causes beyond its control and without its fault or negligence or failure to comply with applicable laws, including, but not restricted to, acts of God, fires, floods, epidemics, pandemics, quarantine, restrictions, embargoes, labor disputes, and unusually severe weather or the delays of subcontractors or materialmen due to such causes, acts of a public enemy, war, terrorism or act of terror (including but not limited to bio-terrorism or eco-terrorism), nuclear radiation, blockade, insurrection, riot, labor strike or interruption, extortion, sabotage, or similar occurrence or any exercise of the power of eminent domain of any governmental body on behalf of any public entity, or a declaration of moratorium or similar hiatus (whether permanent or temporary) by any public entity directly affecting the obligations under this Agreement. In no event will Enforced Delay include any delay resulting from unavailability for any reason of labor shortages, or the unavailability for any reason of particular Contractors, subcontractors, vendors or investors desired by Contractor in connection with the obligations under this Agreement. Contractor agrees that Contractor alone will bear all risks of delay which are not Enforced Delay. In the event of the occurrence of any such Enforced Delay, the time or times for performance of the obligations of the Party claiming delay shall be extended for a period of the Enforced Delay; provided, however, that the Party seeking the benefit of the provisions of this Section shall, within thirty (30) calendar days after such Party knows or should know of any such Enforced Delay, first notify the other Party of the specific delay in writing and claim the right to an extension for the period of the Enforced Delay; and provided further that in no event shall a period of Enforced Delay exceed ninety (90) calendar days. 24. TERMINIA TIC}N: A. TERMINATION BY CITY: City shall be permitted to terminate this Agreement if in the discretion of the city manager or his or her designee, they believe Contractor has failed to meet the terms of this Agreement. City shall 10 provide Notice of Termination to Contractor by Certified U.S. Mail ten (10) calendar days before such termination takes effect B. TERMINATION BY.CONTRACTR: Contractor may terminate this Agreement if City fails to make payment as agreed upon in this document. Any other termination will be deemed a breach of contract by Contractor. Contractor shall provide Notice of Termination to City by Certified U.S. Mail ten (10) calendar days before such termination takes effect. 25. RECORDS: Records of Contractor's labor, payroll and other costs pertaining to this Agreement shall be kept on a generally recognized accounting basis and made available to City for inspection on request. Contractor shall maintain records for a period of at least two (2) Years after termination of this Agreement, and shall make such records mailable during= that retention period for examination or audit by City personnel during regular business hours. 26. AMENDMENT: It is mutually understood and agreed that no alteration or variation of the terms and conditions of this Agreement shall be valid unless made in writing and signed by the Parties hereto, and that oral understandings or agreements not incorporated herein shall not be binding on the Parties. The representatives of the Parties (signatory for Contractor noted below or his or her designee, and the City Manager, or his or her designee), shall be authorized to execute future amendments or extensions of this Agreement. 7. ENTIREAGREEMENT: 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 a mutually complementary and supplementary, 28. SEVER:ABILITY: City and Contractor each believe that the execution, delivery and performance of this Agreement are in compliance with all applicable laws. - However, in the unlikely event that any provision of this Agreement is declared void or unenforceable (or is construed as requiring City to do any act in violation of any applicable laws,=including any constitutional provision, law, regulation, or city code), such provision shall be deemed severed from this Agreement and this Agreement shall otherwise remain in full force and effect; provided that this Agreement shall retroactively be deemed reformed to the extent reasonably possible in such a manner so that the reformed agreement (and any related agreements effective as of the same date) provide essentially 11 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. . TIME IS OF THE ESSENCE: Time is of the essence with respect to all provisions in this Agreement. Any delay in performance by either Party shall constitute a material breach of this Agreement. 30. CONFLICT OF INTEREST: This Agreement is subject to, and may be terminated by City in accordance with,the provisions of A.R.S. §38-511, 31. PROHIBITION,TO CONTRACT WITH CtJNTRACTCIRS WHA ENGAGE IN NBOYCOTT OF THE STATE OF ISRAEL: The Parties acknowledge A.R.S. §§ 3a- 93 through 35-393.03, as amended, which forbids public entities from contracting with Contractors who engage in boycotts of the State of Israel. Should Contractor under this Agreement engage in any such boycott against the State of Israel, this Agreement shall be deemed automatically terminated by operation of law. Any such boycott is a material breach of contract. 32. COMPLIANCE WITH FEDERAL AND`..STATE LAWS: Contractor understands and acknowledges the applicability of the American with Disabilities Act, the Immigration Reform and Control Act of 1986 and the Drug Free Workplace Act of 1989 to the services performed under this Agreement. As required by A.R.S. § 1-4 01, Contractor hereby warrants its compliance with all federal immigration lavers and regulations that relate to its employees and A.R.S. § 23-214{A}. Contractor further warrants that after hiring are 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 taws and regulations that relate to its employees and A.R.S. § 2 = 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 1 0 per day for the first violation, $ 00 per stay 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 274 B of the federal Immigration and Nationality Act and the E-Verify requirements ents contained in A.R.S. § 23-214(,A). City retains the legal right to inspect the papers of any Contractor or subcontractor employee who works under this Agreement to 12 ensure that the Contractor or subcontractor is complying with the warranty. Any inspection will be conducted after reasonable otice and at reasonable times. If state law is amended, the Parties may modify this paragraph consistent with state law. IN WITNESS WHEREOF the parties hereto have caused this Agreement to be signed by their duly authorized representative as of this day of 202'1. CONTRACTOR: SUNLAN©ASPHALT, an Arizona corporation .iellIVIr By: Alek QeCl stn Its: Vice President CITY: CITY OF APACHE JUNCTION, ARIZONA, an Arizona municipal corporation By: Chi Wilson,.,»,u». ro Its: Ma or ATTEST: Jennifer Pena City Clerk APPROVED AS TO FORM: Richard J. Stern City Attorney 1 Exhibit wS N L N 3002 S Priest Dr. A 5 P H A LT Tempe AZ 85282 602- 23- 0 602-680-1582 (f To. City Of Apache 3umbon Contact Shane Kiescev Address. 575 E; _ine Ave P (480)474-8515 p 4on,AZ 85119 USA E (480) - Projectmaine CITY OF APAC E JUNCTION-LOST DUTCMAN BLVD(TOMAHAWK- Bid Numbers 1753 S ) Project Location; LOST DUTCMAN BLVD(TOMAHAWK INTERSECTION To W,SILK OF Bid Date. 1112IM21 S ),Apache Irinction,AZ item oescriLfton Estima unit Unit Price Total Price 1 MOBILIZATION _ LCO L $12,400M #z4M00 2 REMOVALS(SALVAGE MISC.SIGNAG,'E) Lea Ls .00 OD 3 PULVERIZE EXISTING ASPHALTJABC (S"DEPTH) 7,455,00 SY $072 $s, 7.60 4 SUBGRADE PREP&FINISH IQ25aco S`( $3,40 $34,%L20 9 CEMENT TREATED SUB E B"DEPTH(4 k>CEMENT) 14 CIl SY $3,90 K045.20 6 PAVE 3-ASPHALT(EVAC A,1914M MIX: j 75-22TR+) IQ25aco SY $21:90 $224,a69,20 ? ADJUST TYPE A SURVEY MONUMENT(PER MAC) 109 EAR i 00,00 MOB 8 STRIPING(2COATS OF PAINTXINCLUDES Ct %BIKE IM LS $10,525DO MsmCo LANE,SYM S, SURVEY) 9 SURVEY LAYOUT LOD LS $4, A) $4,9XIOU 10 gUALITY CONTROL TESTING 100 LS WCOM $3s6moo 11 TRAFFICCONTPOL LOD LS $qmw *gwaoc Toth Bid Paced $347,458.20 Bid in Accordance with the I GOVERMENTAL PROCUREWNT ALLIANCE(IGPA) Contract#17-1 - 5-Asphalt and 0 elated -Awarded 3une M 2017 UN IT PRICE BREAKDOWN CM BE PROVIDED UPON REQUEST—ZON E#I * PROPOSAL 15 BASED ON CDMPLE TING THE WORK IN I PHASE WITH FULL CLOSURE(TEMP ACCESS FOR RESIDENTS AS NEEDED) • TRWFIC CONTPOL INCLUDES MESSAGE BOARDS FOR FULL CLOSURE NOTIFI CATION TEMP ACCESS AS REQUIRED • PRICING INCLUDES ALL TAXES&S NiDIN + ASPHALT PRICING 9,KlUDE5 EVAC A-19MM WITH PG 76-22TR+BINDER 1,/12#io21 iz,4z,i+s€M P i of t ACCORV CERTIFICATE I I L INSURANCE DATE(MM1DDIYYYY) 215r2021 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 pollcy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such an orsetrlant(s). PRODUCER CON A T, Reseco Insurance Advisors,LLG NAME; FAX 7901 N. 16th Street, $PHONE tk 602-753-425O fAL ,fit3 -419- 242 Suite ICI E-MAIL ADDREss; Certi�Cates _resecDadvisctrs.cDm Phoenix AZ 85020 IIIsuRERls)AFFDRDiN000vER�oE NAICr INSURER :National Union Fire Ins Co of PA I 19445 INSURED 6934 iNsuRER a:Crum&Forster S ec Ins Co 44520 Sunlarld Asphalt&Construction,LLC 1625 E.Northern Avenue INSURER c;Atlant!L$pecialty Insurance Co 27154 Phoenix AZ 85020 INSURER o Allied World Assurance Co 19489 INSURER F Travelers Excess and Sur lus Lines C panv 29696 I auRER F:The Cincinnati Insurance COm en 1 677 COVERAGES CERTIFICATE NUMBER:143159978 REVISION UMIBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN;THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, INSR t}13L UBR POLICY EFF POL.0 ExP LTR TYPE OF INSURANCE t POLICYNtlMBER f[blk Mt[#t5 LIMITS A X COMMERCIAL GENERAL LIABILITY v Y GL9925617 411/2020 % 411/2021 EAWAZr UFtRENCE $1,000,000 CLAIMS- CUR ENTEO E s OC _ ( � ' PREI�IISES Eatrcwrrerrr�. S_600,000 .r... } I MED EXP(Any one person $26,000 PERSONAL&AOV INJURY $I;000,000 GEN'L AGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE $rS 2,000,000 POLICY X JET LOC PROOUCTS-COMP10PAGG2,000,000OTHER. _A AUTOMOBILE LIABILITY Y Y CA9776927 41112020 4f112021 COMBINED SINGLE LIMIT $1000,000 Ea a099M ANYAUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY AUTOS ONLY AUTOS (Per accident] $ HIRED NON-OWNED PROPERTY DAMAGE !DED AUTOS ONLY AUTOS ONLY per dent S 5 D uMSRELLALIAB crcCUR Y {r312-2833 4t112020 41112021 E EACH OCCURRENCE $15 000,000 ZUP71N2596820NF 4/112020 < 41112021 ._. ExCESS Lti48 CLAIMS-MADE AGGREGATE S 15,000,000 X RETENTIONS S A WORKERSCOMPENSATION Y WC011569704 4T112020 41112021 STATUTE ERH AND EMPLOYERS'LIABILITY Y f N ANYOFFICE IMEMOR PARTNERtExECUTIVE IN E.L.EACH ACCIDENT S 1,000 000 oFFICERrMEtaeEREXccuaEa? L,_J N r A _ (Mandatory In NH) E,L:DISEASE EA EMPLOYEE $1,000,000 It yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 B Prollpoll Liability CF90OA6723 2/16/2020 2/16/2021 AggregatetEach Claim $5.000,000 C Installation Floater 710035789 71112020 711#2()21 Any One Jobsile 2,000,000 F CrimatEmpkyeaDishonesty EMP0501772 101112020 '.? 10/11202, Urrat/Deductible $11000,0001$10,000 DESCRIPTION OF OPERATIONS t LOCATIONS 1 VEHICLES(ACORO 101,Additional Remarks Scheduta,may be attached if more space Is required) Certificate holder is hereby included as Additional Insured with respects to the general Liability,Automobile Liability and Umbrella Liability on a primary and noon-contributory basis if required by written contract subject to all provisions and limitations of the policies.Waiver of Subrogation in favor of Certificate Holder applies to the General Liability,Automobile Liability and Employers LiabilityfWorkers Compensation if required by written contract subject to all provisions and limitations of the policies. The above referenced Excess/Umbrella Liability policy is follow-form and provides additional limits of insurance for General Liability, Automobile Liability and Employers Liability/Workers Compensation. RE.City of Apache Junction-Lost Dutchman Blvd, Reconstruction;Tomahawk Rd,to S 88,Project No.PW#HFS21-05 Additional Insured:City of Apache Junction and its agents,officers,officials and employees CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Apache JunctionACCORDANCE WITH THE POLICY PROVISIONS. 300 E Superstition Blvd AUTN RIZEDREPRESENTATIVE Apache Junction 85119 01998-2015 ACORD CORPORATION, All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD Public Works Department Home of the Superstition Mountains Date: February 16, 2020 To: Mayor and Members of the City Council Through: Bryant Powell, City Manager Mike Wever, Public Works Director From: Shane Kiesow, Public Works Manager Subject: Project#: HFS21-05 Award City staff respectfully requests city council consideration of award of contract to Sunland Asphalt for project HFS21-05 for the reconstruction/paving of Lost Dutchman Boulevard from Tomahawk Rd. to State Route 88. This project was included in the Fiscal Year Capital Improvement and Street Maintenance Plan discussed at city council work session on June 16, 2020. Work would result in the reconstruction of the road base, installation of new pavement and street widening to allow for bike lanes. New street striping/markings will also be included. It is anticipated road work will result in the road's closure for two to three weeks. Closure would not inhibit any adjacent businesses or residential properties. Work will also occur after the last planned spring event at the Rodeo Grounds. 575 E. Baseline Avenue, Apache Junction, AZ 85219 • Voice(480) 982-1055 • FAX (480) 983-5752 or(480) 982-8005 City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No.4. File ID: 21-046 Sponsor: Liz Langenbach Agenda Date:3/2/2021 Index: In Control: City Council Meeting Presentation of proclamation designating 2021 as "Get Outdoors Arizona". City of Apache Junction,Arizona Page 1 Printed on 212312021 F Vroclam tion GET OUTDOORS ARIZONA 2021 WHEREAS, the City of Apache Junction recognizes the "Get Outdoor Arizona" legislative resolution as an organized effort to elevate the importance of outdoor recreation for all residents in the state as a critical element for health, well-being and economic development;and WHEREAS, the outdoor industry in Arizona is a major economic engine that brings jobs,prosperity and wellness to all state residents. The outdoor industry employs 201,000 people and generates $21.2 billion in consumer spending annually; and WHEREAS, communities across Arizona recognize that outdoor recreation supports health, contributes to a high quality of life an d — p e r h a p s most importantly — it attracts and sustains employers and families; and WHEREAS, scientific research shows that both children and adults are spending more time inside than previous generations, are increasingly distanced from nature, are engaging in less physical exercise, and are at increased risk for poor health because of sedentary practices; and WHEREAS, quality time in the natural world encourages curiosity, and provides hands-on field experience and experiential learning, resulting in improved learning across various fields of science; and WHEREAS, public lands represent a significant portion of Arizona's land base and are critical components of a healthy outdoor environment that are low cost to access and ubiquitous for all residents. NOW,THEREFORE,1,Chip Wilson,Mayor of the City of Apache Junction,Arizona,do hereby proclaim 2021 as GET OUTDOORS ARIZONA in the City of Apache Junction,Arizona and we are committed to provide opportunities for our citizens to enjoy the benefits of our beautiful outdoor recreation venues. Signed and attested to this day of 2021. CHIP WILSON Mayor ATTEST: JENNIFER PENA City Clerk City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No. 5. File ID: 21-075 Sponsor: Chip Wilson Agenda Date:3/2/2021 Index: In Control: City Council Meeting Announcement of current events from mayor and councilmembers. City of Apache Junction,Arizona Page 1 Printed on 212312021 City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No.6. File ID: 21-076 Sponsor: Bryant Powell Agenda Date:3/2/2021 Index: In Control: City Council Meeting City Manager's Report. City of Apache Junction,Arizona Page 1 Printed on 212312021 City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No.7. File ID: 21-085 Sponsor: Bryant Powell Agenda Date:3/2/2021 Index: In Control: City Council Meeting Presentation and discussion with the Executive Director of Phoenix-Mesa Gateway Airport, Brian O'Neill, regarding current events and new developments at the airport. City of Apache Junction,Arizona Page 1 Printed on 212312021 City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No.8. File ID: 21-086 Sponsor: Bryant Powell Agenda Date:3/2/2021 Index: In Control: City Council Meeting Discussion and update on membership renewal for participation in the Arizona Metropolitan Trust Program (employee insurance). City of Apache Junction,Arizona Page 1 Printed on 212312021 City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No.9. File ID: 21-078 Sponsor: Raquel Schatz Agenda Date:3/2/2021 Index: In Control: City Council Meeting Presentation and discussion for an extinguishment request submitted by Gail Torchio and Rich Winters, of a Federal Patent Easement("FPE"), located at 1762 North Goldfield. City of Apache Junction,Arizona Page 1 Printed on 212312021 Public Works Department H Home of the Superstition Mountains Date: March 2nd, 2021 To: Honorable Mayor and Members of the City Council Through: Bryant Powell,Assistant City Manager Mike Wever P.E., Public Works Director From: Raquel Schatz, Project Engineer Subject: Federal Patented Easements Proposed Resolution No. 20-44 18t"Avenue from Wagon Wheel Road to Goldfield Road BACKGROUND Federal Patented Easements "FPEs" are the means whereby properties are accessed by citizens in portions of Apache Junction to mitigate the need of local government to acquire right-of-way for access to otherwise landlocked parcels. FPEs are typically a total of 66 feet in width with 33 feet on each side of common parcel lines. EXISTING CONDITIONS 18th Avenue from Wagon Wheel Road to Goldfield Road has never been maintained by the city. The roadway alignment is not classified as a local roadway. In addition,the FPE does not provide access to any parcels which would be landlocked in the event of extinguishment. Area transportation would not be adversely affected by an extinguishment of these portions of the roadway easement. PURPOSE Gail Torchio, property owner, and Rich Winters filed an application for a roadway easement extinguishment. The property owner desires the use of the south 33 feet of their property, along 18t"Avenue, to keep a shaded structure in place that has been on the property prior to their purchase. Owner is requesting the extinguishment to allow them to keep the shaded structure until the road is "actually" constructed. City Code Compliance and Planning staff have been to this property several times to explain alternatives for relocating the unpermitted cargo container along Wagon Wheel Road and the unpermitted storage building along 18th Avenue out of the existing FPEs. The first encounter was on November 14, 2019 and the property owner was given 8 months to develop a 575 E.Baseline Avenue, Apache Junction,AZ 85119 • Voice (480) 982-1055 • Fax(480) 982-8005 Public Works Department �t �r ,r Home of the Superstition Mountains solution. A notice of violation was issued on August 27, 2020. Several extensions were granted and the matter was sent to the city Attorney on October 8, 2020. There are new code issues that were identified on the last site visit along with the statement by the owner that they also wish to build a permanent garage. Staff suggested that the property owner start with a site plan that they already had prepared and work from that site plan to lay out where a garage could go, where the existing unpermitted shade structure is, and where the cargo container and tall garage could go. PROCESS December 2, 2021 the applicant submitted all required signed and notarized documents and paid the required non-refundable application and filing fee for the extinguishment. January 11, 2021, the city sent a request to all public utility providers as well as Apache Junction Police Department and Superstition Fire & Medical District, in which all but one utility provider had responded to the city with no objections for the extinguishment of the roadway easement only. All underlying utility easements will remain in place until the property owner requests that they be extinguished individually via separate process. Once the easement has been extinguished then the property owner can apply for a residential permit. RECOMMENDATION Staff does not recommend the extinguishment of the FPE on 181h Avenue from Wagon Wheel Road to Goldfield Road. ACTION REQUIRED This item will be for presentation and discussion. 575 E.Baseline Avenue, Apache Junction,AZ 85119 • Voice (480) 982-1055 • Fax(480) 982-8005 RESOLUTION NO. 20-44 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, DECLARING PORTIONS OF FEDERALLY PATENTED EASEMENTS LOCATED AT 18TH AVENUE FROM WAGON WHEEL TO GOLDFIELD ROADS, ARE NO LONGER NECESSARY FOR PUBLIC USE AS FEDERALLY PATENTED EASEMENTS AND ARE HEREBY EXTINGUISHED AS PRESENT AND FUTURE PUBLIC RIGHTS-OF-WAY. WHEREAS, upon incorporation, the City of Apache Junction, an Arizona municipal corporation, became the holder of roadway easements, pursuant to the Small Tract Act of 1938 (52 Stat . 609, as amended, 43 U. S .C. 682a-682e) , as more fully described in Exhibit A and depicted in Exhibit B; and WHEREAS, t,w,iae appi_i cani:, was instruct--ed. apply for a residential permit for a shaded RV structure (:hat lias been on the propertw,y for over twenty years . Applic`.ant has -requested an extinga.ai:aliment of 18ur Avenue, as directed by ;it:y staff; and WHEREAS, such easements may be extinguished by local municipal government pursuant to A.R. S . §§ 9-500 . 24 and 28-7214; and WHEREAS, under A.R. S . § 9-500 . 24 the city has notified and obtained consent of utility providers; and WHEREAS, on December 2, 2020 the applicant paid the required non-refundable application and filing fee for the extinguishment request pursuant to Apache Junction City Code § 13-2-4 (H) ; and WHEREAS, pursuant to Apache Junction City Code § 13-2-4, the director of public works on January 11, 2021, submitted copies of the application for comment to the development services director, the public safety director, the Superstition Fire and Medical District, as well as all public utility providers; and WHEREAS, the extinguishment request, if approved, would not leave a parcel in separate ownership without access to an established public roadway or easement connecting such lands with another public roadway or easement; and RESOLUTION NO. 20-44 PAGE 1 OF 4 WHEREAS, the city engineer has determined that the easement (s) in question, because of their location, topography, and encroachments therein, have no or de rninirnis public value. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION ARIZONA, AS FOLLOWS : 1) The mayor and city council of the City of Apache Junction find that the public roadway easements, as described in Exhibit A and depicted in Exhibit B, are classified as local streets on the Street Classification Plan and are no longer necessary for public roadway purposes, have no or de minimis public value, and are hereby extinguished for public roadway purposes . 2) Nothing in this approval extinguishes any utility easement interest of any public utility agency or entity on the subject street right-of-way. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS DAY OF r 20—. SIGNED AND ATTESTED TO THIS DAY OF 20 JEFF SERDY Mayor ATTEST: JENNIFER PENA City Clerk APPROVED AS TO FORM: RICHARD J. STERN City Attorney RESOLUTION NO. 20-44 PAGE 2 OF 4 EXHIBIT A PARCEL 1 (Adjacent to parcels 103-21-034A) The South thirty-three feet (33' ) of the East half of the Northeast quarter of the Northeast quarter of the Southeast quarter of Section 27, Township 1 North, Range 8 East of the Gila and Salt River Base and Meridian, Pinal County, Arizona; EXCEPT the East fifty feet (50' ) THEREOF; PARCEL 2 (Adjacent to parcel 103-21-034B) The North thirty-three feet (33' ) of the East half of the Northeast quarter of the Northeast quarter of the Southeast quarter of Section 27, Township 1 North, Range 8 East of the Gila and Salt River Base and Meridian, Pinal County, Arizona; EXCEPT the West three hundred thirty feet (330' ) and East fifty feet (50' ) THEREOF; RESOLUTION NO. 20-44 PAGE 3 OF 4 EXHIBIT "B" 16TH _ AVENUE I IQ I QI I I 0I I Q ID 0 I I I J w 021 A o � I ICI � wi zi I iz I 002D 002E 0 > IM I I I 034A I I 157-257 50'—" 1 TH AVENUE _ - USA 191-597 034B I I In IQ 013E 0 013D - - - - 150-367 , E19TH _ AVENUE _ 029D i� 0 J O , I I I I , LEGEND - - 66' - 3' PROPOSED EXTINGUISHMENT - r PREVIOUSLY EXTINGUISHED 33' I DEDICATED RIGHT-OF-WAY TO REMAIN --- ROAD CENTERLINE TYPICAL FPE/ROW DIMENSION - - FEDERAL PATENT EASEMENT (UNLESS OTHERWISE NOTED) PROPERTY LINE 119-086 PATENT DEED(S) U) RESOLUTION NO. 20-44 z Direction to Staff: 21-XXX N"", Roadway Easement Extinguishment : - 18th Avenue from Wagon Wheel Rd to Goldfield Rd Department of Public Works February 16, 2021 By: Raquel Schatz Background • A GLO easement is a roadway and utility easement created by the initial transfer of land titles from the Federal government to k an individual through the General Land Office (GLO) through then Bureau of Land Management (BLM), pursuant to the provisions of an Act of Congress approved June 1, 1938. • Federal Patent Easements (FPEs) are either 5 or 2 % acre parcels with a reservation of right-of-way of 33' in width along the boundaries of said land on private property. • The reservation of right-of-way along the boundaries of the land ensured that no individual parcel would be land locked, or without legal access to the land. • Larry Kirch (DSD Director) and Emile Schmid (City Engineer) did a presentation on "Public Policy Implications for Long-Range Transportation Planning with FPE" and this site falls under the category of as a convenience extinguishment construction/structureiwhich staff.extinguishment ils not recommended by Resolution 20-44: Extinguishment (18th Avenue) #11,1 -.. # 4 r k� Ilk ,..� }� t t FsAll, }f z4.vt U 2 � { 4 # Y EXTINGUISHED ROADWAY Pi DEDICATED RIGHT-OF-WAY` FEDERAL PATENT EASEMENTaskl ss5 DOCUMENT NUMBER '. 204.555 RIGHT-017-WAY DO UMENT NUMBER • < �a �© <. a ; Staff Recommendation City Staff recommends NOT TO APPROVE y; 3 � » . � .. . �� Thank You Resolution 20-44: Extinguishment (18thAvenue) City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No. 10. File ID: 21-077 Sponsor:Jennifer Pena Agenda Date:3/2/2021 Index: In Control: City Council Meeting The next regularly scheduled Work Session is Monday, March 15th and the next regularly scheduled Council Meeting is Tuesday, March 16th, 2021. City of Apache Junction,Arizona Page 1 Printed on 212312021