The URL can be used to link to this page

Home My WebLink About2021 05.18 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 Tuesday, May 18,2021 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. 21-235 Consideration of acceptance of agenda. Sponsors: Jennifer Pena 2. 1- 36 Consideration of approval of minutes of the regular meeting of May 4, 2021. Sponsors: Jennifer Pena Attachments: minutes 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. 3. 21-215 Certificate of Appreciation to Councilmember Tess Nesser for her volunteer efforts in the Criminal Investigation Division of Public Safety. Sponsors: Thomas Kelly Attachments: CoA-Nesser 01-11-2021 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. City of Apache Junction,Arizona Page 1 Printed on 511212021 City Council Meeting Agenda May 18,2021 4. 21-238 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. 5. 21-237 City Manager's Report. Sponsors. Bryant Powell H. PUBLIC HEARINGS Public hearings required by applicable law shall be conducted by the council and any person shall be given the opportunity to speak.All remarks shall be addressed to the council as a whole and not to any member thereof. Such remarks shall be limited to five(5)minutes unless additional time is granted by the mayor. This time limitation shall not apply to applicants and their agents appearing before the council. 6. 21-216 Consideration of application for a permanent extension of premises for Dirtwater Springs located at 586 W. Apache Trail, Apache Junction, AZ, 85120. The next step in the process is for the council to hold a public hearing on the application and make a recommendation of approval or denial to be forwarded to the Arizona Department of Liquor Licenses and Control. $Ponsors: Jennifer Pena Attachments: Memo Application PC recommendation Fire recommendation Planning recommendation Building recommendation 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. 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. City of Apache Junction,Arizona Page 2 Printed on 511212021 City Council Meeting Agenda May 18,2021 7. 21-240 Presentation, discussion and consideration of Resolution No. 21-09, a resolution of the Mayor and City Council of the City of Apache Junction, Arizona, authorizing the City to enter into an Intergovernmental Agreement with the State of Arizona's Department of Transportation (ADOT)for the Delaware Drive Roadway Improvement Project. Sponsors. Raquel Schatz Attachments: Resolution 21-09 Council Memo 20210504 Resolution 21-09 21-0008125-Uist. C-_Apache Junction-T030901 Q03Q01 C 21-XXX Res 21-09 Delaware Drive Improvements DRAFT 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 8. 21-239 Executive Session at 6:00 P.M. for Tuesday, June 1st in the city council conference room located at 300 E. Superstition Boulevard in Apache Junction, Arizona and other meetings scheduled if necessary. Sponsors: Jennifer Pena M. CALL TO PUBLIC At this time the public has the privilege to address the council with requests, communications, comments or suggestions relating to city business.All speakers must have already submitted a written "Request to Speak"form to the city clerk no later than the conclusion of the city manager's report portion of the agenda. If there is a group speaking on the same item, they should select a spokesperson.All such remarks shall be addressed to the council as a whole and not to any member thereof. The mayor is authorized to ask a speaker to stop speaking and leave the podium or to adjourn the meeting if anyone becomes disorderly, uncivil, makes personal attacks or continues to speak about items that are not within the jurisdiction of the city after being warned such issues are beyond the jurisdiction of the city to act. The council may not answer questions of the speaker, discuss the matter with one another, but may, at the conclusion: 1)respond to criticism by a speaker, 2)ask the city manager to review a matter;3) ask the city manager to place the matter on a future agenda. Each speaker must approach the podium, speak into the microphone,provide their name and address. There is a three(3)minute time limit per speaker. 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 3 Printed on 511212021 City Council Meeting Agenda May 18,2021 City of Apache Junction,Arizona Page 4 Printed on 511212021 City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No. 1. File ID: 21-235 Sponsor:Jennifer Pena Agenda Date:5/18/2021 Index: In Control: City Council Meeting Consideration of acceptance of agenda. City of Apache Junction,Arizona Page 1 Printed on 511212021 City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No.2. File ID: 21-236 Sponsor:Jennifer Pena Agenda Date:5/18/2021 Index: In Control: City Council Meeting Consideration of approval of minutes of the regular meeting of May 4, 2021. City of Apache Junction,Arizona Page 1 Printed on 511212021 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 Tuesday,May 4,2021 7:00 PM City Council Chambers A. CALL TO ORDER Mayor Wilson called the city council meeting to order. B. INVOCATION AND PLEDGE OF ALLEGIANCE Vice Mayor Rizzi gave the invocation and then council said 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 Thomas Kelly, Chief of Police Liz Langenbach, Parks& Recreation Director Larry Kirch, Development Services Director Dave Zellner, Building Safety Manager Robina Shultz, Permit Technician Janine Solley, Economic Development Director Leslie DeReche, Finance Director Dana Martin, Tax Auditor Kelly Martin, Park Ranger Supervisor Jill Bright, Deputy City Clerk(remotely) D. CONSENT AGENDA Vice Mayor Rizzi moved,seconded by Councilmember Evans to pull item#4 from the consent agenda to discuss during new business and to accept the consent agenda as presented. Yes: 6- Mayor Wilson, Vice Mayor Rizzi, Councilmember Evans, Councilmember Schroeder, Councilmember Nesser and Councilmember Gremmel No: 1 - Councilmember Biggs City of Apache Junction,Arizona Page 1 City Council Meeting Meeting Minutes May 4,2021 1. 21-200 Consideration of acceptance of agenda. 2. 21-201 Consideration of approval of minutes of the regular meeting of April 20, 2021. 3. 21-205 Consideration of approval of award of contract to Franklin Striping for street striping services. The work will result in street striping services for the city's 208 lane miles of streets with striping and pavement markings to meet retro-reflectivity standards and safety. The contract will be utilizing the Maricopa County cooperative contract No. 210109-S in the amount not to exceed $200,000 each year during the life of the contract. 4. 21-210 Consideration of approval of Professional Services Agreement with the Apache Junction Chamber of Commerce for the operation of a Local Visitor Information Center for a term of three years, July 1, 2021 through June 30, 2024, in the total amount of$155,831.00 with an option to extend the agreement up to two additional periods. Vice Mayor Rizzi moved,seconded by Councilmember Nesser that the Professional Services Agreement with the Apache Junction Chamber of Commerce for the operation of a Local Visitor Information Center for a term of three years,July 1,2021 through June 30,2024,in the total amount of$155,831.00 with an option to extend the agreement up to two additional periods be approved. Vice Mayor Rizzi requested that this item be pulled from the consent agenda and discussed during new business. She wishes to discuss the need for a 4% annual increase. Councilmember Schroeder thinks this increase needs to be looked into further. City Manager Bryant Powell shared that he thinks this is a fair agreement and feels comfortable with it. Councilmembers Evans, Gremmel, Nessar and Biggs expressed that they do not have a problem with the increase. Denise Hart, President of the Chamber of Commerce, explained the reasoning behind the request for an annual increase and answered questions from council. 5. 21-209 Consideration of approval of employment agreement with Michelle Lue Sang for Apache Junction Municipal Court Interim Magistrate retroactive to April 1, 2021, for a term of up to six months or until such time a presiding magistrate is selected and appointed, whichever occurs first. E. AWARDS, PRESENTATIONS AND PROCLAMATIONS 6. 21-026 Presentation of proclamation recognizing the week of May 2 -8, 2021 as "Municipal Clerks Week". Mayor Wilson proclaimed May 2-8, 2021 as Municipal Clerks Week and presented the proclamation to City Clerk Jennifer Pena. 7. 21-211 Presentation of proclamation recognizing May 2021 as Building Safety Month. Mayor Wilson proclaimed May 2021 as Building Safety Month and presented the proclamation to Building Manager Dave Zellner and Permit Technician Robina Shultz. Development Services Director Larry Kirch shared recent statistics and accomplishments that the building division staff has successfully completed. City of Apache Junction,Arizona Page 2 City Council Meeting Meeting Minutes May 4.2V21 F. ANNOUNCEMENT OFCURRENT EVENTS 8. 21-2 %2 Announcement of current events from mayor and oounci|mnmbors. Counoi|memberBiggo shared that the AJ Idols was Sunday and it was another great success. Vice Mayor Rizzi shared that Table of Grace Church hosts an open mic night every other Friday utS:O8pm. Mayor Wilson shared that he judged the AJ Idols and attended Supervisor Sendy's Open House. G. CITY MANAGER'S REPORT 9, 21-2y03 City Manager's Report. Qh/ Manager Bryant Powell recognized and thanked Fine Chief Mike Farber for his 41 years of service to the city as he retires. Mr. Farber expressed that it's been on honor tnwork in the community. Darryl Cross, Chair of the Superstition Horsemen's AaaooiaUon, explained how an abandoned horse was recently found and put up for auction and sold for$1,750. With the extra money made from the sale, they have decided to donate$650 to the fire district for fido bags. 10. 21-21C2 Presentation of25-year Service Award hu Liz Langenbaoh. Director ofthe Parks and Recreation Department. Mr. Powell presented a 25-year service award to Parks & Recreation Director Liz Langenbach and thanked her for her years of service to the city. Ms. Langenbach congratulated Mike Farber on his retirement and thanked council and city leadership for the support over the last 25 years. H. PUBLIC HEARINGS U' OLD BUSINESS J. NEW BUSINESS 11. 21-2I07 Presentation, discussion, and consideration of Resolution No. 21-18. authorizing the submission of two grants to Arizona State Parks: 1) Recreation Trails Program grant for Silly Mountain Park and 2) Land Water Conservation Fund grant for Superstition Shadows Park. Councilmember Evans moved,seconded by Councilmember Biggs that Resolution No.21-18 a resolution of the mayor and the city council of the City of Apache Junction,Arizona,authorizing the submission of the Recreation Trails Program grant for Silly Mountain Park and the Land Water Conservation Fund grant for Superstition Shadows Park beapproved. Yes: 7- Mayor Wilson, Vice Mayor Rizzi, Counoi|momborEvano. Counoi|m*mbor Sohmodar, Counoi|mamborBiggo. Counoi|membarNoeuor and Counoi|mombor Gnommo| No: O Parks& Recreation Director Liz Langenbach explained that city staff is submitting for two grants administered by Arizona State Parks for a Recreation Txei|o Program for amenities at Silly Mountain Park and a Land Water Conservation Fund for amenities at Superstition Shadows Park City vr Apache Junction,Arizona Page City Council Meeting Meeting Minutes May 4,2021 K. COUNCIL DIRECTION TO STAFF L. SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES 12. 21-204 Executive Session at 6:00 P.M. for Monday, May 17th and Executive Session at 6:00 P.M. for Tuesday, May 18th in the city council conference room located at 300 E. Superstition Boulevard in Apache Junction, Arizona and other meetings scheduled if necessary. Councilmember Evans moved,seconded by Vice Mayor Rizzi that an Executive Session at 6:00 P.M.for Monday, May 17,and 6:00 P.M.for Tuesday May 18,2021 be held in the city council conference room and city council chambers located at 300 E.Superstition Boulevard in Apache Junction,AZ,and other meetings be scheduled if necessary. Yes: 7- Mayor Wilson, Vice Mayor Rizzi, Councilmember Evans, Councilmember Schroeder, Councilmember Biggs, Councilmember Nesser and Councilmember Gremmel No: 0 M. CALL TO PUBLIC Jason Taylor, 1135 S. 96th Place, shared that his non profit provides a free culinary course in return for 50 volunteer hours and partners with Genesis Project. He was once homeless and knows how that life feels. Ray Villa, 2243 N. Estates Circle, is the board chair for Jason's non profit and really believes in what he does. They are offering life skill training. Tamara Taylor, 1135 S. 96th Place, introduced Jason Taylor to speak again. Mr. Taylor continued to explain what his non profit teaches and offers to the community. George Schroeder, 2444 W. Virginia Street in Apache Junction, asked that Chief Farber donate one of the fido bags to the new dog park. His neighbors have asked him to represent them in demanding that their street be fixed or he is going to shut the city down and stop their wages. Stephany Duarte, 1822 S. Coconino Drive, shared that the city does not address the blind community members. Her mother was blind so she knows the struggles. She would like to suggest audible cross walks at all street lights in the city. Barbara McGuire, hopes that the new district lines will include Apache Junction. It is her intention to run again and will advocate for Apache Junction. She would be happy to offer letters for support for any grants that the city is applying for. Councilmember Biggs asked for staff to reach out to Stephany in regards to better serving the blind in our community. N. ADJOURNMENT Mayor Wilson adjourned the city council meeting. ACCEPTED THIS DAY OF 2021, BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA. City of Apache Junction,Arizona Page 4 City Council Meeting Meeting Minutes May 4,2021 SIGNED AND ATTESTED TO THIS DAY OF 12021. 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: 21-215 Sponsor:Thomas Kelly Agenda Date:5/18/2021 Index: In Control: City Council Meeting Certificate of Appreciation to Councilmember Tess Nesser for her volunteer efforts in the Criminal Investigation Division of Public Safety. City of Apache Junction,Arizona Page 1 Printed on 511212021 APACHE JUNCTION POLIO DEPARTMENT CERTIFICATE OF POLIO APPRECIATION Presented to Tess Nesser Councilmember This certificate of appreciation is in recognition of your years of dedication to the Apache Junction Police Department, specifically the Criminal Investigations Division. Your services in the arena of sexual offender registration is and has been unparalleled. Thank you so very much for your service and our best to your newest challenge as a `Councilmember" for the City of Apache ]unction. CITY SEAL Thomas E.Kelly,Chief of Police Date City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No.4. File ID: 21-238 Sponsor: Chip Wilson Agenda Date:5/18/2021 Index: In Control: City Council Meeting Announcement of current events from mayor and councilmembers. City of Apache Junction,Arizona Page 1 Printed on 511212021 City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No. 5. File ID: 21-237 Sponsor: Bryant Powell Agenda Date:5/18/2021 Index: In Control: City Council Meeting City Manager's Report. City of Apache Junction,Arizona Page 1 Printed on 511212021 City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No.6. File ID: 21-216 Sponsor:Jennifer Pena Agenda Date:5/18/2021 Index: In Control: City Council Meeting Consideration of application for a permanent extension of premises for Dirtwater Springs located at 586 W. Apache Trail, Apache Junction, AZ, 85120. The next step in the process is for the council to hold a public hearing on the application and make a recommendation of approval or denial to be forwarded to the Arizona Department of Liquor Licenses and Control. City of Apache Junction,Arizona Page 1 Printed on 511212021 CityApacheof Junction 300 East Superstition Boulevard • Apache Junction,Arizona 85119 •www.ajcity.net MAY 18, 2021 MEMORANDUM TO: HONORABLE MAYOR AND CITY COUNCIL THROUGH: BRYANT POWELL, CITY MANAGER JENNIFER PENA, CITY CLERK FROM: JILL BRIGHT, DEPUTY CITY CLERK SUBJECT: PERMANENT EXTENSION OF PREMISES FOR DIRTWATER SPRINGS An application for a permanent extension of premises has been submitted by Brenda Barnum of Dirtwater Springs, located at 586 W. Apache Trail in Apache Junction, AZ 85120. The applicant was notified by phone and e-mail of the public hearing and was encouraged to attend to address any questions council may have. Correspondence related to inspections of the premises for safety and code compliance matters have been received from the Apache Junction Police Department, Building and Safety Division, Planning and Zoning Department, and the Superstition Fire and Medical District. All divisions recommend approval of the permanent extension of premises. The recommendations are attached in Legistar for your review. The city council may now make a recommendation of approval or denial to the Arizona State Liquor Licenses and Control on this application. Home of the Superstition Mountains U DLLC USE ONLY Arizona Department of Liquor Licenses and Control CSR: 800 W Washington Sth Floor Log#: Phoenix,AZ 85007-2934 www.azliquor.gov Izo (602)542-5141 APPLICATION FOR EXTENSION OF PREMISES/PATIO PERMIT *OBTAIN APPROVAL FROM LOCAL GOVERNING BOARD BEFORE SUBMITTING TO THE DEPARTMENT OF LIQUOR* "Notice:Allow 30.45 days to process permanent change of premises" XPermanent change of area of service.A non-refundable$50.fee will apply.Specific purpose for change: 13 Temporary change(No Fee)for dote(s) of:__J__J_through---/---J—list specific purpose for change: 1. Licensee's Name:— jbA*\&A_ Ay\ne- —License#: loll Lost First Middle 2. Moiling address: C�e I(Alle-h on Al- Street L CIF/ State Zip Code 3. Business Name: SO 4s, 4. Business Address: Sek m e. Street city State Zip Code 5. Email Address: (_oyy\ 6. Business Phone Number: Contact Phone Number: 7. Is extension of premises/patio complete? If no,what is your estimated completion date? 8. Do you understand Arizona Liquor Laws and Regulations? 1�es [] No 9. Does this extension bring your premises within 300 feet of a church or school? ❑ Yes N i�lo T_ 10.Have you received approved Liquor Law Training? 10es ONo 7- 11.What security precautions will be taken to prevent liquor violation s in the extended area? HOC. -5 or\ qkX0(-I ry) V 12. IMPORTANT., Attach the revised floor pion, clearly depicting your licensed premises along with the new extended area outlined in black marker or ink, N the extended area is not outlined and marked "extension" we cannot accept the application. 4/20/2020 Page 1 of 2 ❑ Barrier Exemption: an exception to the requirement of barriers surrounding a patio/outdoor serving area may be requested. Border exemptions are granted based on public safety,pedestrian traffic,and other factors unique to a licensed premises. List specific reasons for exemption: 13 Approval 11 Disapproval by DLLC: Date: L 1, (Print Full Name) —Vkv^YA�Vn hereby swear under penalty of perjury and In compliance with A.R.S. § 4-210(A)(2) and (3) that I have read and understand the foregoing and verity that the Information and statements that I have made herein are true and correct to the best of my knowledge. Applicant Signature:— GOVERNING BOARD After completion,and BEFORE submitting to the Department of Liquor, please take this application to your local Board of Supervisors, City Council or Designate for their recommendation. This recommendation is not binding on the Department of Liquor. 11 Approval 13 Disapproval Authorized Signature Title Agency Dote L. 11 DLLC USE ONLY P-M Investigation Recommendation: 13 Approval 13 Disapproval by: Date: Director Signature required for Disapprovals: Date: 4/20/2020 Page 2 of 2 NeT 1� er v VS1 VMM or, G Lillian Bright From: Troy Mullender Sent: Tuesday, May 4, 2021 1:36 PM To: Jillian Bright Subject: RE: Permanent Extension of Premises for Dirtwater Springs The police department has no issue with the permanent extension. Troy. Troy Mullender Commander Apache Junction Police Department 300 E. Superstition Blvd, Apache Junction,AZ 85119 Office dumber 430-474-5459 Fax Number 460-474-5460 Email: tmullender@apachejunctionaz.gov �k This message and the information within is intended for the recipient. If you received this email in error, please notify the sender and then delete the email. Emails generated by council members or City staff pertaining to city business are public records and are preserved according to the City's records retention schedule.To ensure compliance with the open Meeting Law, members of the City Council should not forward email correspondence to other members of the Council. Members of the Council and other public bodies may reply to this message, but should not copy other members of the public body. From:Jillian Bright<jbright@apachejunctionaz.gov> Sent:Tuesday, May 04, 2021 11:33 AM To: Rudy Esquivias<resquivias@apachejunctionaz.gov>; Dave Zellner<dzellner@apachejunctionaz.gov>; 'Tina Gerola' <tina.gerola@sfmd.az.gov>; 'Rick Ochs'<rick.ochs@sfmd.az.gov>;Troy Mullender<tmullender@apachejunctionaz.gov> Subject: RE: Permanent Extension of Premises for Dirtwater Springs Friendly reminder that I need your recommendations tomorrow O Thank You, Jill Bright From:Jillian Bright Sent: Monday,April 26, 20213:17 PM To: Rudy Esquivias<res uivias a ache`unctionaze ov>; Dave Zellner<dzellner a ache'unctionaz, ov>; 'Tina Gerola' <tina. erola sfmd.az, ov>; 'Rick Ochs'<rick.ochs sfmd.az. ov>;Troy Mullender<tmullender a ache unctionaz. ov> i Cc:Jennifer Pena <" ena a ache"unctionaz, ov>; Maureen Fredrickson<mfredrickson@ a acejunctionaz. ov> Subject: Permanent Extension of Premises for Dirtwater Springs Good Afternoon, The city clerk's office has received the attached application for a permanent extension of premises for Dirtwater Springs. Please conduct your inspections and submit your department recommendations to me by May 51h in order for this application to be on the May 18th council meeting. Thank You, Deputy City Clerk City Clerk's Office 480.474.5061 jbright@apachejunctionaz.gov w City of Apache Junction 300 E. Superstition Blvd. Apache Junction, AZ 85119 Follow Us On: City I l all Hours of Operation ?AM-- PM, Monday through hursd ay, closed on Fr ays, This message and the information within is intended for the recipient. If you received this email in error, please notify the sender and then delete the email. Emails generated by council members or City staff pertaining to City business are public records and are preserved according to the City's records retention schedule.To ensure compliance with the Open Meeting Law, members of the City Council should not forward email correspondence to other members of the Council. Members of the Council and other public bodies may reply to this message, but should not copy other members of the public body. 2 Jillian Bright From: Tina Gerola <tina.gerola@sfmd.az.gov> Sent: Wednesday, May 5, 2021 6:31 AM To: Jillian Bright; Rudy Esquivias; Dave Zellner, Rick Ochs;Troy Mullender Subject: RE: [External] Permanent Extension of Premises for Dirtwater Springs Good morning everyone. The SFMD recommends approval of this application. Thank you. Tina Gerola I Fire Inspector Community Risk Reduction Specialist Superstition Fire&Medical District 0 ice 1 (480) 982-4440 ext. 104 Mobile � (480) 416-9775 NEW MOBILE NUMBER (If irp 14mirQ � MnndA-,T-TNir,,&qx, frnm 7nm-F�nm Connect with us! 0 0 Out 4)0(a) From:Jillian Bright<j bright@ a pachej u nctio naz.gov> Sent:Tuesday, May 4, 202111:33 AM To: Rudy Esquivias<resquivias@apachejunctionaz.gov>; Dave Zellner<dzellner@apachejunctionaz.gov>;Tina Gerola <tina.gerola@sfmd.az.gov>; Rick Ochs<rick.ochs@sfmd.az.gov>;Troy Mullender<tm u I lender@ a pachej u nctionaz.gov> Subject: RE: Permanent Extension of Premises for Dirtwater Springs Friendly reminder that I need your recommendations tomorrow (ZD Thank You, Jill Bright From:Jillian Bright Sent: Monday,April 26, 20213:17 PM To: Rudy Esquivias<resquivias@agacheunctionazgov>; Dave Zellner<4zellner@a ache*u >; 'Tina Gerola' <ina,gero1aIrcDsfmc1.a- --y>; 'Rick Ochs'<ric�kochs�sfmd�.azoy>;Troy Mullender<ImulLender@apacheiunctionaz.gov> Cc:Jennifer Pena <ipenaj2apacheunctionaz.gov>; Maureen Fredrickson<mfredrickson@aioachei�unctiona, --,,> Subject: Permanent Extension of Premises for Dirtwater Springs Good Afternoon, The city clerk's office has received the attached application for a permanent extension of premises for Dirtwater Springs. Please conduct your inspections and submit your department recommendations to me by May 5t" in order for this application to be on the May 18t" council meeting. Thank You, Deputy City Clerk City Clerk's Office 480.474.5061 jbright@apachejunctionaz.gov City of Apache Junction 300 E. Superstition Blvd. Apache Junction, AZ 85119 Follow Us On: City Il all Hcarats of Operation 7AM-- PM, Monday through hursd ay, closed on Fr days, This message and the information within is intended for the recipient. If you received this email in error, please notify the sender and then delete the email. Emails generated by council members or City staff pertaining to City business are public records and are preserved according to the City's records retention schedule.To ensure compliance with the Open Meeting Law, members of the City Council should not forward email correspondence to other members of the Council. Members of the Council and other public bodies may reply to this message, but should not copy other members of the public body. 2 Jillian Bright From: Rudy Esquivias Sent: Wednesday, May 5, 2021 5:04 PM To: Jillian Bright; Dave Zellner; 'Tina Gerola; 'Rick Ochs';Troy Mullender Cc: Larry Kirch; Kelsey Schattnik; Nicholas Leftwich; Sidney Urias Subject: RE: Permanent Extension of Premises for Dirtwater Springs Attachments: Application.pdf Jill: Dirtwater has had their enclosed temporary extension of premises area for several months now, as allowed by the governor's executive order during COVID. Planning is not aware of any issues with the temporary extension. We do not perceive any issues with a permanent extension and it appears the property still has adequate parking to allow this limited expansion. The planning division recommends approval of this request. C&U4 fi?uivia-6 Planning Manager/Zoning Administrator City of Apache Junction 300 E. Superstition Blvd. Apache Junction, AZ 85119 480-474-2645 resquivias@apacheju.nctionaz .gov (Development Services Department office hours: Monday through Thursday from 7 :00am to 6:00pm, closed Fridays and Holidays. ) From:Jillian Bright<j bright@ a pachej u nctio naz.gov> Sent:Tuesday, May 4, 202111:33 AM To: Rudy Esquivias<resquivias@apachejunctionaz.gov>; Dave Zellner<dzeliner@apachejunctionaz.gov>; 'Tina Gerola' <tina.gerola@sfmd.az.gov>; 'Rick Ochs'<rick.ochs@sfmd.az.gov>;Troy Mullender<tmullender@apachejunctionaz.gov> Subject: RE: Permanent Extension of Premises for Dirtwater Springs Friendly reminder that I need your recommendations tomorrow (ZD Thank You, Jill Bright From:Jillian Bright Sent: Monday,April 26, 20213:17 PM To: Rudy Esquivias<Les ov>; Dave Zellner<Az�uivias�aac�heunc�fionaz.� _e_llnerj2apacheuncfionaz.gov>; 'Tina Gerola' <tina.L--,zeroIaj2sfmd.az,gov>; 'Rick Ochs'<rick.ochsrcDsfrnd.azgov>;Troy Mullender<tmuHender(@aL3ach-iq9,gtionaz. ov> Cc:Jennifer Pena <" ena a ache"unctionaz, ov>; Maureen Fredrickson<mfredrickson@ a acejunctionaz. ov> Subject: Permanent Extension of Premises for Dirtwater Springs Good Afternoon, The city clerk's office has received the attached application for a permanent extension of premises for Dirtwater Springs. Please conduct your inspections and submit your department recommendations to me by May 51h in order for this application to be on the May 18th council meeting. Thank You, Deputy City Clerk City Clerk's Office 480.474.5061 jbright@apachejunctionaz.gov w City of Apache Junction 300 E. Superstition Blvd. Apache Junction, AZ 85119 Follow Us On: City I l all Hours of Operation ?AM-- PM, Monday through hursd ay, closed on Fr ays, This message and the information within is intended for the recipient. If you received this email in error, please notify the sender and then delete the email. Emails generated by council members or City staff pertaining to City business are public records and are preserved according to the City's records retention schedule.To ensure compliance with the Open Meeting Law, members of the City Council should not forward email correspondence to other members of the Council. Members of the Council and other public bodies may reply to this message, but should not copy other members of the public body. 2 Lillian Bright From: Dave Zellner Sent: Thursday, May 6, 2021 4:40 PM To: Jillian Bright Subject: RE: Permanent Extension of Premises for Dirtwater Springs Since this area is uncovered the building division will defer to the judgement of the Fire District. Dave Z From:Jillian Bright<jbright@apachejunctionaz.gov> Sent:Thursday, May 6, 20214:34 PM To: Dave Zellner<dzellner@apachejunctionaz.gov> Subject: FW: Permanent Extension of Premises for Dirtwater Springs Hi Dave! Is it possible to get a recommendation on this by 9:00am Monday morning so it can be discussed during the agenda review meeting? Thank You, Jill Bright From:Jillian Bright Sent:Tuesday, May 4, 2021 11:33 AM To: Rudy Esquivias<res uivias a ache'unctionaz. ov>; Dave Zellner<dzellner a ache'unctionaz. ov>; 'Tina Gerola' <tina. erola sfmd.az. ov>; 'Rick Ochs'<rick.ochs sfmd.az, ov>;Troy Mullender<tmullender a acheLunctionaz. ov> Subject: RE: Permanent Extension of Premises for Dirtwater Springs Friendly reminder that I need your recommendations tomorrow O Thank You, Jill Bright toe From:Jillian Bright Sent: Monday,April 26, 20213:17 PM To: Rudy Esquivias<resq ivias"a)a�aachejunctionaz. ov>; Dave Zellner<dzellner@a acheiunctionaz. ov>; 'Tina Gerola' <tina. erola( sfmd.azmov>; 'Rick Ochs'<rick.ochssfmd,az, ov>;Troy Mullender<tmullender@a�aacheiunctionazov> i Cc:Jennifer Pena <" ena a ache"unctionaz, ov>; Maureen Fredrickson<mfredrickson@ a acejunctionaz. ov> Subject: Permanent Extension of Premises for Dirtwater Springs Good Afternoon, The city clerk's office has received the attached application for a permanent extension of premises for Dirtwater Springs. Please conduct your inspections and submit your department recommendations to me by May 51h in order for this application to be on the May 18th council meeting. Thank You, Deputy City Clerk City Clerk's Office 480.474.5061 jbright@apachejunctionaz.gov w City of Apache Junction 300 E. Superstition Blvd. Apache Junction, AZ 85119 Follow Us On: �.v gmsi' City Il all Hours of Operation 7AM--6PM, Monday thr ugh hursd ay, closed on Fr ays, This message and the information within is intended for the recipient. If you received this email in error, please notify the sender and then delete the email. Emails generated by council members or City staff pertaining to City business are public records and are preserved according to the City's records retention schedule.To ensure compliance with the Open Meeting Law, members of the City Council should not forward email correspondence to other members of the Council. Members of the Council and other public bodies may reply to this message, but should not copy other members of the public body. 2 City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No.7. File ID: 21-240 Sponsor: Raquel Schatz Agenda Date:5/18/2021 Index: In Control: City Council Meeting Presentation, discussion and consideration of Resolution No. 21-09, a resolution of the Mayor and City Council of the City of Apache Junction, Arizona, authorizing the City to enter into an Intergovernmental Agreement with the State of Arizona's Department of Transportation (ADOT) for the Delaware Drive Roadway Improvement Project. City of Apache Junction,Arizona Page 1 Printed on 511212021 Public Works➢epartment Home of the Superstition Mountains MEMORANDUM DATE: May 18, 2021 TO: Mayor and Members of City Council THROUGH: Bryant Powell, City Manager Michael Wever P.E., Public Works Director FROM: Raquel Schatz, Project Engineer SUBJECT: Utilization of Unobligated Federal Funds HFE 21-04 Delaware Drive Roadway Improvement Project REQUEST Staff respectfully requests the mayor and city council, discuss and consider an Intergovernmental Agreement with ADOT for design and construction of the City's Delaware Drive Roadway Improvement Project, from 16t"Avenue to Broadway Avenue. BACKGROUND The city requested funds from Maricopa Association of Governments (MAG)from three (3) different committees using different funding sources. The MAG Active Transportation Committee is composed of representatives from MAG member agencies, Valley Metro, and the Coalition of Arizona Bicyclists as well as members of the landscape architecture and public health community. This committee focuses on meaningful implementation by recommending bicycle and pedestrian projects for funding. All pedestrian related improvements such as bicycle lanes, curb &gutter, sidewalks, sidewalk ramps, street counters, etc. The Surface Transportation Block Grant Program (STBGP) is available to the Pinal County cities and towns that are part of MAG. Projects within this specific area qualify for funding in the Pinal County Arterial Bridge Program. Such projects are roadways, principal and minor arterials, and major collectors. Eligible activities include capacity expansion, rehabilitation of existing roadway and bridge infrastructure, and intersection and drainage improvements. MAG attempts to utilize all of the spending authority made available to the region. To meet this goal, MAG established a closeout process. The most important criteria for a Closeout project is that it must have completed the federal project development process through a self-certified agency (ADOT) and be in a position to go to bid by the end of the current federal fiscal year (June 1st). Closeout priorities are to advance a current federally funded programmed project that are ready to be obligated, second is to increase the federal share of projects being obligated, then street sweepers, and lastly design. This is the only program that funds design. 575 E. Baseline Avenue, Apache Junction,AZ 85119 Voice (480) 982-1055 • FAX (480) 982-8005 Public Works➢epartment Home of the Superstition Mountains DISCUSSION The City is in an agreement with ADOT for the following: Work Funding Year Federal City Total Type Design Closeout 2021 (5.7%) $424,350 $25,650 $450,000 (100%) $30,000 $30,000 Construction 2024 (5.7%) CMAQ $906,499 $54,794 $961,293 (21.6%) STBGP $1,777,573 $488,466 * $2,266,039 TOTAL $3,108,422 $598,910 $3,707,332 * Closeout eligible if the city wishes to advance the construction to the previous year(2023), which means that the design is completed and shovel/bid ready. RECOMMENDATION Although the timing is extremely aggressive, the City has pursued and is hoping to utilize these available funds on Delaware Drive from 161h Avenue to Broadway Avenue. The Public Works Department is requesting City Council approval to enter into an Intergovernmental Agreement (IGA) with ADOT which will provide additional funding for the construction of the Delaware Drive Roadway Improvement Project. ACTION REQUIRED Discussion and consideration of the proposed In Attachment 1: Intergovernmental Agreement Attachment 2: Exhibit A (Cost Estimate) 575 E. Baseline Avenue, Apache Junction,AZ 85119 Voice (480) 982-1055 • FAX (480) 982-8005 RESOLUTION NO. 21-09 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AUTHORIZING THE CITY OF APACHE JUNCTION TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT WITH THE STATE OF ARIZONA FOR THE DELAWARE DRIVE ROADWAY IMPROVEMENT PROJECT. WHEREAS, the City of Apache Junction ("City") and the State of Arizona Department of Transportation ("ADOT") desire to enter into an Intergovernmental Agreement ("IGA") for a roadway improvement project on Delaware Drive between 16th Avenue and Broadway Avenue (the "Project") ; and WHEREAS, the City acquired federal-aid funds to construct the Project; and WHEREAS, the State and the City have identified systematic improvements within the City as being eligible under this program; and WHEREAS, the State shall be the designated agent for the City; and WHEREAS, pursuant to A.R. S . § 11-952 (A) , public entities may enter into IGAs with other municipalities and governmental entities for joint or cooperative activities; and WHEREAS, the parties have crafted the attached written agreement in the form of an IGA which formalizes the arrangement; and WHEREAS, the attached written agreement ( %IGA/JPA 21- 0008125-I") sets forth the financial and administrative conditions for the project; and WHEREAS, federal-aid funds will contribute $3, 108, 422 and the City $598, 910 towards design and construction for the project; and RESOLUTION NO. 21-09 PAGE 1 OF 2 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION ARIZONA, AS FOLLOWS : 1) The mayor and city council approve the attached form of the IGA set forth in Attachment A; and the mayor is hereby authorized to sign the agreement on behalf of the city. 2) The city manager and/or his designee is authorized and directed to take all steps necessary to carry out the purpose and intent of this resolution and to fulfill all the duties required under the IGA. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS DAY OF , 20 SIGNED AND ATTESTED TO THIS DAY OF , 20 CHIP SERDY Mayor ATTEST: JENNIFER PENA City Clerk APPROVED AS TO FORM: RICHARD J. STERN City Attorney RESOLUTION NO. 21-09 PAGE 2 OF 2 ADOT CAR No.: IGA 21-0008125-I AG Contract No.: P0012021000600 Project Location/Name: Delaware Drive, 16th Ave to Broadway Ave Type of Work: Pedestrian Improvements Federal-aid No.:APJ-0(218)T ADOT Project No.:T0309 01D/03D/01C TIP/STIP No.:APJ24-030D,APJ23-040, APJ24-030C CFDA No.: 20.205 - Highway Planning and Construction Budget Source Item No.: N/A INTERGOVERNMENTAL AGREEMENT BETWEEN THE STATE OF ARIZONA AND CITY OF APACHE JUNCTION THIS AGREEMENT ("Agreement") is entered into this date pursuant to the Arizona Revised Statutes ("A.R.S.") §§ 11-951 through 11-954,as amended,between the STATE OF ARIZONA,acting by and through its DEPARTMENT OF TRANSPORTATION (the"State"or "ADOT") and the CITY OF APACHE JUNCTION,acting by and through its MAYOR and CITY COUNCIL (the"City").The State and the City are each individually referred to as a"Party"and are collectively referred to as the"Parties." I. RECITALS 1. The State is empowered by A.R.S.§ 28-401 to enter into this Agreement and has delegated to the undersigned the authority to execute this Agreement on behalf of the State. 2. The City is empowered by A.R.S.§48-572 to enter into this Agreement and has by resolution,a copy of which is attached and made a part of, resolved to enter into this Agreement and has authorized the undersigned to execute this Agreement on behalf of the City. 3. The work proposed under this Agreement consists of pedestrian improvements along Delaware Drive from 16th Avenue to Broadway Avenue, (the"Project") The Project includes sidewalks,curb and gutter on the west side,shared turning lane,bicycle lanes,and street lights.The Project cost is estimated at$3,707,332.00,as shown in Exhibit A,attached and made a part of this Agreement,which includes federal aid and the City's match.The State will administer the design,advertise,bid and award,and administer the construction of the Project. 4. The interest of the State in this Project is the acquisition of federal funds for the use and benefit of the City and authorization of such federal funds for the Project pursuant to federal law and regulations.The State shall be the designated agent for the City for the Project,if Page 1 of 10 IGA 21-0008125-I the Project is approved by Federal Highway Administration (FHWA) and funds for the Project are available. THEREFORE,the Recitals set forth above are incorporated into this Agreement and in consideration of the mutual terms expressed herein,it is agreed as follows: II. SCOPE OF WORK 1. The Parties agree: a. The Project will be completed,accepted,and paid for in accordance with the requirements of the Project plans and specifications. b. The final Project amount may exceed the initial estimates) identified in Exhibit A,and in such case,the City is responsible for,and agrees to pay,any and all actual costs exceeding the initial estimate.If the final Project amount is less than the initial estimate, the difference between the final bid amount and the initial estimate will be de-obligated or otherwise released from the Project.The City acknowledges it remains responsible for actual costs and agrees to pay according to the terms of this Agreement. c. The City and ADOT will each separately file a Notice of Intent(NOI) under the Construction General Permit(CGP) with the Arizona Department of Environmental Quality(ADEQ) before construction begins,if applicable to the Project. 2. The State will: a. Execute this Agreement,and if the Project is approved by FHWA and funds for the Project are available,be the City's designated agent for the Project. b. After this Agreement is executed,and prior to performing or authorizing any work, invoice the City for the City's share of the initial Project Development Administration (PDA) costs,estimated at$30,000.00 and the City's share of the Project design costs, estimated at$25,650.00. If PDA costs exceed the estimate during the development of design,notify the City,obtain concurrence prior to continuing with the development of design,and invoice as determined by ADOT and the City for additional costs to complete PDA for the Project.After the Project costs are finalized invoice or reimburse the City for the difference between actual costs and the amount the City has already paid for PDA. c. After receipt of the PDA costs and the City's estimated share of the Project design costs, on behalf of the City,prepare and provide all documents pertaining to the design and post-design of the Project,incorporating comments from the City,as appropriate. Review and approve documents required by FHWA to qualify the Project for and to receive federal funds. Perform tasks that may consist of,but are not limited to, preparation of environmental documents; analysis and documentation of environmental categorical exclusion determinations; geologic materials testing and analysis; right of way related activities; preparation of reports,design plans,maps, Page 2 of 10 IGA 21-0008125-I specifications and cost estimates and other related tasks essential to the design development of the Project. d. Submit all required documentation pertaining to the Project to FHWA with the recommendation that the maximum federal funds programmed for this Project be approved for scoping/design.After receipt of FHWA authorization,proceed to advertise for and enter into contract(s)with the consultant(s) for the design and post design of the Project. Should costs exceed the maximum federal funds available it is understood and agreed that the City will be responsible for any overage. e. After completion of design and prior to bid advertisement,invoice the City for the actual PDA costs,as applicable,and the City's share of the Project construction costs, estimated at$543,260.00.After the Project costs for construction are finalized,the State will either invoice or reimburse the City for the difference between estimated and actual costs.De- obligate or otherwise release any remaining federal funds from the scoping/design phase of the Project. f. After receipt of the actual PDA costs,if applicable,and the City's estimated share of the Project construction costs,submit all required documentation to FHWA with the recommendation that the maximum federal funds programmed for construction of this Project be approved. Should costs exceed the maximum federal funds available,it is understood and agreed that the City will be responsible for any overage. g. After receipt of FHWA authorization,proceed to advertise for,receive and open bids award and enter into a contract with the firm for the construction of the Project. If the bid amounts exceed the construction cost estimate,obtain City concurrence prior to awarding the contract.After the Project is awarded,invoice the City for the difference between estimated and actual costs,if applicable. h. Notify the City of completion and final acceptance of the Project.At such time,file a Notice of Termination (NOT) with ADEQ transferring CGP responsibilities to the City, and provide a copy to the City indicating that the State's maintenance responsibility of the Project is terminated,as applicable. i. Notify the City of completion and final acceptance of the Project; coordinate with the City and turn over full responsibility of the Project improvements. j. Not be obligated to maintain the Project,should the City fail to budget or provide for proper and perpetual maintenance as set forth in this Agreement. 3. The City will: a. Designate the State as the City's authorized agent for the Project. b. Within 30 days of receipt of an invoice from the State,pay the City's share of the initial PDA costs,estimated at$30,000.00 and the City's share of Project design costs, estimated at$25,650.00.Agree to be responsible for actual PDA costs,if during the development of design, PDA costs exceed the initial estimate. Be responsible and pay for the difference between the estimated and actual PDA and design costs of the Project within 30 days of receipt of an invoice. Page 3 of 10 IGA 21-0008125-I c. Review design plans,specifications, cost estimates and other such documents required for the construction bidding and construction of the Project,including scoping/design plans and documents required by FHWA to qualify projects for and to receive federal funds; provide design review comments to the State as appropriate. d. After completion of design,within 30 days of receipt of an invoice from the State and prior to bid advertisement,pay to the State,any outstanding PDA costs and the City's share of the Project construction costs,estimated at$543,260.00.Be responsible for and pay the difference between the estimated and actual construction costs of the Project, within 30 days of receipt of an invoice. e. Be responsible for all costs incurred in performing and accomplishing the work as set forth under this Agreement,that are not covered by federal funding.Should costs be deemed ineligible or exceed the maximum federal funds available,it is understood and agreed that the City is responsible for these costs; payment for these costs shall be made within 30 days of receipt of an invoice from the State. f. Certify that all necessary rights of way have been or will be acquired prior to advertisement for bid and also certify that all obstructions or unauthorized encroachments of whatever nature, either above or below the surface of the Project area,shall be removed from the proposed right of way,or will be removed prior to the start of construction,in accordance with The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 as amended; 49 CFR 24.102 Basic Acquisition Policies; 49 CFR 24.4 Assurances, Monitoring and Corrective Action,parts (a) &(b) and ADOT Right of Way Procedures Manual: 8.02 Responsibilities, 8.03 Prime Functions, 9.06 Monitoring Process and 9.07 Certification of Compliance.Coordinate with the appropriate State's Right of Way personnel during any right of way process performed by the City,if applicable. g. Certify that the City has adequate resources to discharge the City's real property related responsibilities and ensures that its Title 23-funded projects are carried out using the FHWA approved and certified ADOT Right of Way Procedures Manual and that they will comply with current FHWA requirements whether or not the requirements are included in the FHWA approved ADOT Right of Way Procedures Manual. (23 CFR 710.201) h. Not permit or allow any encroachments on or private use of the right of way,except those authorized by permit. In the event of any unauthorized encroachment or improper use,the City shall take all necessary steps to remove or prevent any such encroachment or use. Provide a copy of encroachment permits issued within the Project limits to the State. i. Automatically grant to the State,by execution of this Agreement,its agents and/or contractors,without cost,the temporary right to enter City rights of way,as required,to conduct any and all construction and preconstruction related activities for the Project, on,to and over said City rights of way.This temporary right will expire with completion of the Project. Page 4 of 10 IGA 21-0008125-I j. Investigate and document utilities within the Project limits; submit findings to ADOT determining prior rights or no prior rights; approve an easement within the final right of way to re-establish the prior right location for those utilities with prior rights. k. Be obligated to incur any expenditure should unforeseen conditions or circumstances increase Project costs. Be responsible for the cost of any City requested changes to the scope of work of the Project,such changes will require State and FHWA approval.Be responsible for any contractor claims for additional compensation caused by Project delay attributable to the City. Payment for these costs will be made to the State within 30 days of receipt of an invoice from the State. 1. After notification of final acceptance by the State,assume and maintain full responsibility of the Project,including Storm Water Pollution Prevention Plans (SWPPP) inspections,maintenance,and required documentation,until final stabilization is reached. Provide the NOI number to the State and the Contractor,accept CGP responsibilities at time of transfer,and file an NOT with ADEQ when final stabilization is reached,as applicable. m. After completion and final acceptance of the Project,agree to maintain and assume full responsibility of the Project and all Project components. III. MISCELLANEOUS PROVISIONS 1. This Agreement shall become effective upon signing and dating of the Determination Letter by the State's Attorney General. 2. Any change or modification to the Project will only occur with the mutual written consent of both Parties. 3. The terms, conditions and provisions of this Agreement shall remain in full force and effect until completion of the Project and all related deposits and/or reimbursements are made. Any provisions for maintenance shall be perpetual,unless assumed by another competent entity. 4. This Agreement may be cancelled at any time up to 30 days before the award of the Project contract,so long as the cancelling Party provides at least 30 days'prior written notice to the other Party. It is understood and agreed that,in the event the City terminates this Agreement,the City shall be responsible for all costs incurred by the State up to the time of termination. It is further understood and agreed that in the event the City terminates this Agreement,the State shall in no way be obligated to complete or maintain the Project. 5. The City shall indemnify,defend,and hold harmless the State,any of its departments, agencies,officers or employees (collectively referred to in this paragraph as the"State") from any and all claims,demands,suits,actions,proceedings,loss,cost and damages of every kind and description,including reasonable attorneys' fees and/or litigation expenses (collectively referred to in this paragraph as the"Claims"),which may be brought or made against or incurred by the State on account of loss of or damage to any property or for injuries to or death of any person,to the extent caused by,arising out of,or contributed to, by reasons of any alleged act,omission,professional error,fault,mistake,or negligence of Page 5 of 10 IGA 21-0008125-I the City,its employees,officers,directors,agents,representatives,or contractors,their employees,agents,or representatives in connection with or incident to the performance of this Agreement.The City's obligations under this paragraph shall not extend to any Claims to the extent caused by the negligence of the State,except the obligation does apply to any negligence of the City which may be legally imputed to the State by virtue of the State's ownership or possession of land.The City's obligations under this paragraph shall survive the termination of this Agreement. 6. The State shall include Section 107.13 of the 2008 version of the Arizona Department of Transportation Standard Specifications for Road and Bridge Construction,incorporated into this Agreement by reference,in the State's contract with any and all contractors,of which the City shall be specifically named as a third-party beneficiary.This provision may not be amended without the approval of the City. 7. The cost of scoping,design,construction and construction engineering work under this Agreement is to be covered by the federal funds programmed for this Project,up to the maximum available.The City acknowledges that actual Project costs may exceed the maximum available amount of federal funds,or that certain costs may not be accepted by FHWA as eligible for federal funds.Therefore,the City agrees to pay the difference between actual costs of the Project and the federal funds received. 8. Should the federal funding related to this Project be terminated or reduced by the federal government, or Congress rescinds,fails to renew,or otherwise reduces apportionments or obligation authority,the State shall in no way be obligated for funding or liable for any past, current or future expenses under this Agreement. 9. The cost of the Project under this Agreement includes indirect costs approved by FHWA,as applicable. 10. The Parties warrant compliance with the Federal Funding Accountability and Transparency Act of 2006 and associated 2008 Amendments (the"Act").Additionally,in a timely manner, the City will provide information that is requested by the State to enable the State to comply with the requirements of the Act,as may be applicable. 11. The City acknowledges and will comply with Title VI of the Civil Rights Act Of 1964. 12. The City acknowledges compliance with federal laws and regulations and may be subject to the CODE OF FEDERAL REGULATIONS,TITLE 2, PART 200 (also known as The Uniform Grant Guidance). Entities that expend$750,000.00 or more (on or after 12/26/14) of federal assistance (federal funds,federal grants,or federal awards) are required to comply by having an independent audit in accordance with§200.331 Subpart F. Either an electronic or hardcopy of the Single Audit is to be sent to Arizona Department of Transportation Financial Management Services within the required deadline of nine months of the sub recipient fiscal year end. ADOT- FMS Attn: Cost Accounting Administrator 206 S 17th Ave. Mail Drop 204B Phoenix,AZ 85007 Sin,gleAitazot. ov Page 6 of 10 IGA 21-0008125-I 13. Pursuant to 23 USC 102(b),the City will repay all federal funds reimbursements for preliminary engineering costs on the Project if it does not advance to right of way acquisition or construction within 10 years after federal funds were first made available. 14. This Agreement shall be governed by and construed in accordance with Arizona laws. 15. This Agreement may be cancelled in accordance with A.R.S.§ 38-511. 16. The City shall retain all books,accounts,reports,files and other records relating to the Agreement for five years after completion of the Project.These documents shall be subject at all reasonable times to inspection and audit by the State.Such records shall be produced by the City at the request of ADOT. 17. This Agreement is subject to all applicable provisions of the Americans with Disabilities Act (Public Law 101-336,42 U.S.C. 12101-12213) and all applicable federal regulations under the Act,including 28 CFR Parts 35 and 36.The Parties to this Agreement shall comply with Executive Order Number 2009-09 issued by the Governor of the State of Arizona and incorporated in this Agreement by reference regarding"Non-Discrimination." 18. Non-Availability of Funds: Every obligation of the State under this Agreement is conditioned upon the availability of funds appropriated or allocated for the fulfillment of such obligations. If funds are not allocated and available for the continuance of this Agreement, this Agreement may be terminated by the State at the end of the period for which the funds are available.No liability shall accrue to the State in the event this provision is exercised, and the State shall not be obligated or liable for any future payments as a result of termination under this paragraph. 19. In the event of any controversy,which may arise out of this Agreement,the Parties agree to 20. Abide by arbitration as is set forth for public works contracts if required by A.R.S.§ 12- 1518. 21. The Parties shall comply with the applicable requirements of A.R.S.§41-4401. 22. The Parties shall certify that all contractors comply with the applicable requirements of A.R.S.§35-393.01. 23. The Parties shall comply with all applicable laws,rules,regulations and ordinances,as may be amended. 24. All notices or demands upon any Party to this Agreement shall be in writing and shall be delivered electronically,in person,or sent by mail,addressed as follows: For Agreement Administration: Arizona Department of Transportation City of Apache Junction Joint Project Agreement Section Attn: Raquel Schatz 205 S. 17th Avenue, Mail Drop 637E 575 E. Baseline Avenue Phoenix,AZ 85007 Apache Junction,AZ 85119 IPABranch@azdot.gov (480) 474-8549 rschatzCcban,gchejunctionaz, ov Page 7 of 10 IGA 21-0008125-1 For Project Administration: Arizona Department of Transportation City of Apache junction Project Management Group Attn: Raquel Schatz 205 S. 17th Avenue, Mail Drop 614E 575 E. Baseline Avenue Phoenix,AZ 85007 Apache junction,AZ 85119 PEMMG@Azdot.gov (480) 474-8549 rschatz@apachejunctionaz.gov For Financial Administration: Arizona Department of Transportation City of Apache junction Project Management Group Attn: Raquel Schatz 205 S. 17th Avenue, Mail Drop 614E 575 E. Baseline Avenue Phoenix,AZ 85007 Apache Junction,AZ 85119 PMR@azdot.gov (480) 474-8549 rschatz@apacheju�nctiona�z, ov 25. Any revisions to the names and addresses above may be updated administratively by either Party and shall be in writing. 26. In accordance with A.R.S.§ 11-952 (D),attached and incorporated in this Agreement is the written determination of each Party's legal counsel that the Parties are authorized under the laws of this State to enter into this Agreement and that the Agreement is in proper form. IN WITNESS WHEREOF, the Parties have executed this Agreement the day and year first above written. CITY OF APACHE JUNCTION STATE OF ARIZONA Department of Transportation By By CHIP WILSON STEVE BOSCHEN,PE Mayor Division Director ATTEST: By JENNIFER PENA City Clerk Page 8 of 10 IGA 21-0008125-I ATTORNEY APPROVAL FORM FOR THE CITY OF APACHE JUNCTION I have reviewed the above referenced Intergovernmental Agreement between the State of Arizona, acting by and through its DEPARTMENT OF TRANSPORTATION,and the CITY OF APACHE JUNCTION,an agreement among public agencies which,has been reviewed pursuant to Arizona Revised Statutes§§ 11-951 through 11-954 and declare this Agreement to be in proper form and within the powers and authority granted to the City under the laws of the State of Arizona. No opinion is expressed as to the authority of the State to enter into this Agreement. City Attorney Date Page 9 of 10 IGA 21-0008125-1 EXHIBIT A Cost Estimate T0309 01D/03D/01C The federal funds will be used for the scoping/design and construction of the Project,including the construction engineering(CE) and administration cost.The estimated Project costs are as follows: ADOT Project Development Administration (PDA) Cost,non-federal-aid: PDA costs* $ 30,000.00 Scoping/Design: Federal-aid funds @ 94.3% $ 424,350.00 City's match @ 5.7% $ 25,650.00 Subtotal-Scoping/Design/PDA* $ 480,000.00 Construction: Federal-aid funds @ 94.3% $ 2,684,072.00 City's match @ 5.7% $ 162,240.00 City's contribution @ 100% $ 381,020.00 Subtotal-Construction** $ 3,227,332.00 Estimated TOTAL Project Cost $3,707,332.00 Total Estimated City Funds $ 598,910.00 Total Federal Funds $ 3,108,422.00 * (Included in the City Estimated Funds) ** (Includes 15%CE (this percentage is subject to change,any change will require concurrence from the City) and 5%Project contingencies) Page 10 of 10 Di recti o n to Staff 2 1-XXX Resolution 21-09 : An Intergovernmental Agreement with Arizona Department of Transportation for Roadway Improvements on Delaware Drive from 16tn Avenue to Broadway Avenue. Department of Public Works May 18, 2021 By: Raquel Schatz Background • 2019 MAG Awarded $2,684,072 for Construction in 2024 • Active Transportation Committee—CMAQ • Pinal Area Bridge Arterial Program—STGBP • 2020 MAG Awarded $424,350 for Design • Closeout Funds -CMAQ Schedule • Design anticipated to begin fall 2021 • Duration: 18-24 months (ADOT process) • Shovel Ready Project • Eligible for Closeout Funds/Advance Construction • Construction anticipated to begin 2024 Resolution 21-09: Delaware Drive Roadway Improvements � r vd �s E a EXISTING CROSS SECTION 70.. 29 45 10 Channel 2 banes %SCIt}T�d Fisting Attached E t rs ,� , t ��4� — Sidewalk �a ~n }�,i• ,.:�i � +?�� Lei.,=, # .t}C 7rt!}�� '�iti�1„�� t �t�' " sr �Yivrl� ��w•� Ui. t a ,u Lad , r. a r } a €s, a„ L e Improvements PROPOSED CRASS SECTION Pedestrian Improvements (CMAQ) 90 ...,..�.,.g.. 24`.. 5.... A... Sidewalks• • - Curb & Gutter ExisUirg Bicycle Lanes Proposed nttactaed Expansion/Road Improvements (STBGP) - Center � Detached Proposed sidewm�k Sidewalk. Bfoycle lane storm brim_ (typ} (CAy Funded} PROPOSED CROSS SECTION • Turn Lane z z aStreet Resolution 21-09: Delaware Drive Roadway Improvements 5 `-Proposed Travel Lane Pr used Storm Drain Cost Share ADOT Project Development Administration City's Match (sooi): $ 30,000 ) Design Federal-aid Funds (94.3io): $ 424,350 City's Match (5.7i): 25,650 Subtotal— Design $480,000 Construction Federal-aid Funds (94.3io): $ 2,684,072 City's Match (5.7i): $ 162,240 City's Match (sooi): $ 381,020 Subtotal— Construction $3,227,332 Construction Federal Funds (CMAQ & STBGP) $ 3,108,422 Total Estimated City Funds 598,910 Total Estimated Project Costs $ 3,707,332 Resolution 21-09: Delaware Drive Roadway Improvements Staff Recommendation 21-XXX �r The Public Works Department recommends px APPROVAL Timing is extremely crucial as execution and payment needs to be done prior to June 1st, 2021. tt4tTti MN Thank You � r {,r3 Resolution 21-09: Delaware Drive Roadway Improvements City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No.8. File ID: 21-239 Sponsor:Jennifer Pena Agenda Date:5/18/2021 Index: In Control: City Council Meeting Executive Session at 6:00 P.M. for Tuesday, June 1st in the city council conference room located at 300 E. Superstition Boulevard in Apache Junction, Arizona and other meetings scheduled if necessary. City of Apache Junction,Arizona Page 1 Printed on 511212021