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HomeMy WebLinkAbout2022 12.06 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, December 6,2022 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. 22-744 Consideration of acceptance of agenda. Sponsors: Jennifer Pena 2. 2 -745 Consideration of approval of minutes of the regular meeting of November 15, 2022. Sponsors: Jennifer Pena Attachments: CCMIN 2022.11.15 MINUTES 3. 22-767 Consideration of approval on award of contract to Viasun Corporation for Project#HFS22-34,Asphalt Crushing and Screening Services. This service contract is in partial fulfillment of the Fiscal Year 2023 Capital Improvement& Street Maintenance Plan, and will be done through the Pinal County Cooperative Job Order Contract No.175623 for a total amount not to exceed $156,046.02. This item was presented and discussed at the city council meeting held November 15, 2022. Sponsors: Shane Kiesow Attachments: Staff Memo-HFS22-34 Award FRS 6Dec2022 HFS22-34 Agreement-Viasun 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. City of Apache Junction,Arizona Page 1 Printed on 1113012022 City Council Meeting Agenda December 6,2022 F. REGIONAL INTERGOVERNMENTAL UPDATES The mayor or any member of council may at this time present a brief summary of any regional intergovernmental updates. However, no discussion shall take place on such items except for clarifying comments related to substance, time and location. 4. -746 Brief summary of intergovernmental updates from mayor and councilmembers. Sponsors: Chip Wilson G. CITY MANAGER'S REPORT The city manager, members of city staff or those individuals designated by the manager may present information pertinent to items under consideration or information related to the operation of the city. There shall however be no discussion at this time except for clarification inquiries. 5. 22-747 City Manager's Report. Sponsors: Bryant Powell 6. 22-76 Announcement of current events. Sponsors: Matt Busby 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. 7. 2 -716 Consideration of application for a new Series 6 Bar Liquor License for Apache Creek Golf Club located at 3401 S Ironwood Drive, Apache Junction, AZ. 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 the Arizona Department of Liquor License and Control. Sponsors: Jennifer Pena Attachments: Memo to Council 12.06.2022 Application-Redacted Public Safetproval Ins ectian Buildin Approvallns�ection Planning&Zoning Approval Inspection SFMC Approval Inspection 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 1113012022 City Council Meeting Agenda December 6,2022 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. 8. 22-733 Presentation, discussion, and consideration of legal advertising agreement with The Arizona Republic for calendar year 2023. The rate for 2023 will remain unchanged from 2022. Sponsors: Jennifer Pena Attachments: 2023 Legal Advertisin A regiment 9. 22-758 Presentation, discussion, and consideration of entering into an agreement with Centimark Corporation for the re-coating of the police department roof in an amount not to exceed $52,063.00 using Mohave Contract#18R-CTMK-0418. Sponsors: Heather Hodgman Attachments: Centimark Memo-Re-Coating PLC Roof Centimark A reement PC Roof Recoatin -Contractor Signed Centimark PD Roof Re-Coating November 2022 10. 22-759 Presentation, discussion, and consideration of entering into an agreement with Riddle Painting and Coatings Corporation for the exterior weatherization for the police department not to exceed $60,322.00 utilizing Mohave Contract#20A-Riddle-0404. Sponsors: Heather Hodgman Attachments: City Council Memo-Riddle Painting-Pl0 Weatherization Riddle Painitng-PD November 2022 Riddle Paintfn Bi_ ned Agreement Oct 2022 11. 22-760 Presentation and discussion on entering into an agreement with Southern Counties Oil Corporation, DBA SC Fuel, in the amount of $800,000.00 for one year, with the option to renew for up to four additional one-year periods. Sponsors: Heather Hodgman Attachments: Council Memo-Bulk Fuel November 2022 Bulk Fuel-November 2022 8C Fuels A reement K. COUNCIL DIRECTION TO STAFF This item allows the mayor and city council to direct staff on specifically listed matters. City of Apache Junction,Arizona Page 3 Printed on 1113012022 City Council Meeting Agenda December 6,2022 12. 22-757 Direction to staff related to Apache Junction City Code, Volume I, Section 2-15, Industrial Development Authority, regarding feasibility of dissolution of this body due to lack of activity. This item appeared on the agenda for the city council meeting on November 1, 2022, where it was decided to save the discussion for a later date. Sponsors: Tess Nesser L. SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES 13. 22-749 Executive Session at 6:00 PM for Monday, December 19, and Tuesday, December 20, 2022, 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 4 Printed on 1113012022 City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No. 1. File ID: 22-744 Sponsor:Jennifer Pena Agenda Date: 12/6/2022 Index: In Control: City Council Meeting Consideration of acceptance of agenda. City of Apache Junction,Arizona Page 1 Printed on 1113012022 City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No.2. File ID: 22-745 Sponsor:Jennifer Pena Agenda Date: 12/6/2022 Index: In Control: City Council Meeting Consideration of approval of minutes of the regular meeting of November 15, 2022. City of Apache Junction,Arizona Page 1 Printed on 1113012022 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, November 15,2022 7:00 PM City Council Chambers A. CALL TO ORDER Mayor Wilson called the meeting to order at 7:04 p.m. B. INVOCATION AND PLEDGE OF ALLEGIANCE Vice Mayor Rizzi gave the invocation and Councilmember Johnson led the meeting attendees in the Pledge of Allegiance. C. ROLL CALL Present: 7- Mayor Wilson Vice Mayor Rizzi Councilmember Evans Councilmember Heck Councilmember Johnson Councilmember Nesser Councilmember Schroeder D. CONSENT AGENDA Vice Mayor Rizzi moved,seconded by Councilmember Nesser to approve the Consent Agenda. Yes: 7- Mayor Wilson, Vice Mayor Rizzi, Councilmember Evans, Councilmember Heck, Councilmember Johnson, Councilmember Nesser and Councilmember Schroeder No: 0 1. 22-717 Consideration of acceptance of agenda. 2. 22-710 Consideration of approval of minutes of the regular meeting of November 1, 2022. 3. 22-715 Consideration of approval of the Library Board of Trustees amendment to the Library Board By-Laws. This item was presented and discussed at the city council meeting held November 1, 2022. City of Apache Junction,Arizona Page 1 City Council Meeting Meeting Minutes November 15,2022 4. 22-733 Consideration of adoption of the fourth amendment to the landscape maintenance service contract with Brightview Landscape Services, Inc., increasing the cost of services by 5% due to inflation, for a total not to exceed $225,000.00. This item was presented and discussed at the city council meeting held November 1, 2022. E. AWARDS, PRESENTATIONS AND PROCLAMATIONS F. REGIONAL INTERGOVERNMENTAL UPDATES 5. 22-719 Brief summary of intergovernmental updates from mayor and councilmembers. Mayor Wilson and Vice Mayor Rizzi mentioned the annual Veteran's Day Parade was well attended, and thanked the Veterans for all they've done, and the VFW for hosting the parade. Mayor Wilson,Vice Mayor Rizzi and City Manager Bryant Powell attended the A J First Assemblies of God dedication and 50th anniversary celebration. Vice Mayor Rizzi thanked the Chamber and the many volunteers who played a part in the annual Festival of the Superstitions, which was very well done and greatly attended. G. CITY MANAGER'S REPORT 6. 22-720 City Manager's Report. 7. 22-731 Project update and discussion with Resolution Copper Project Director, Vicky Peacey. City Manager Bryant Powell introduced Dave Richins with Resolution Copper. Mr. Richins expressed his love for Apache Junction and mentioned the various projects and organizations he has been involved with in Apache Junction. He provided an update on the following items: • Vicky Peacey is now Acting Project Manager. • Spent in excess of$ 75 Million over the past 15 years reclaiming the historic mine site near Superior. This was done as a commitment to demonstrate Resolution Copper's desire to do things differently-Arizona is special and has a lot of copper, so bringing those 2 things together was important, as well as recognizing the 120 years of mining in that site and helping to do clean up. They continue to focus on local employment and creation of jobs. • Continue awareness efforts regarding water conservation and the historic drought conditions. They are evaluating technology that uses significantly less water. They have banked enough underground water storage to carry over for decades. • The future of clean energy requires a great amount of copper of which they can provide for years. • Locally, 2 Apache Junction high school students have received scholarships from Resolution Copper. City of Apache Junction,Arizona Page 2 City Council Meeting Meeting Minutes Novemberi5,2022 8' Announcement of current events. Public Information Officer Al Bravo acknowledged Apache Junction Parks and Recreation for the awards recently earned at an Arizona Parks and Recreation Association luncheon. These prestigious awards were given for Outstanding Facility Awareness for the Dutchman Dog Park, Outstanding Program for Active Adults Over 50 for the Mother's Day Tea, and the Outstanding Educational Program for the Dino Days event. City Manager Bryant Powell praised Parks and Recreation Director Liz Langenbach and Recreation Superintendent Jamie Sullivan for their professional leadership. Mayor Wilson mentioned other cities are very impressed with staff and the successes the Apache Junction Parks and Recreation has experienced. New equipment has been installed ai the Multi-Generational Center. The legacy equipment has been donated ho the Apache Junction High School. Statistics were shared from the recent Household Hazardous Waste event held on November 5, 2022. H. PUBLIC HEARINGS 9' 22-7r10 Pn8SeDt81iOD, discussion, public hearing, and CODSidgc8UOD of proposed C)ndinonoa No. 1528 (case P-21-89-PZ). o proposed Planned Development Major Amendment of the High O8nSib/ Multiple-Family R8SideDU8| by Planned Dgv8|OpDl8Dt /RK4-2/PD\zoned property at 94 W. Roundup Street (paroa|o 100-31-017C. 100-31-017O and 100-31-017B), |0C8t8d at the northwest corner of Idaho Road and Roundup 8tneet, for the development of three, two-story 4-p|exeo. This item was presented and discussed at the city council meeting held November 1, 2022. Counci|member Evans moved,seconded by Vice Mayor Rizzi that Ordinance No. 152Vbe read hy title only and the entire reading of the ordinance bewaived. YES: 7-Mayor Wilson,Vice Mayor Rizzi,Councilmember Evans,Councilmember Heck, Counci|memberNemeer and Counci|member Schroeder City Clerk Pena read Ordinance No. 1528by title only. Councilmember Evans moved,seconded by Councilmember Nesser that Ordinance No. 1528 as read by the city clerk be approved,with the added condition by January 2025 staff bring forth a possible zoning reversion,discussion and action by a future council, if the project has not been started orno progress has been made by that date. Yes: 6 Mayor Wilson, Vice Mayor Rizzi, Counoi|memb*rEvano. Counoi|member Johnoon, Counoi|momberNeooer and Counni|memborSchroeder No: 1 ' Counoi|momborHook Planner Kelsey Schattnik provided the city council with the following information: Background This isa proposed Planned Development ("P{}") Major Amendment of the property known on 04VV. Roundup Street(APNs: 100-31-017C. 100-31-0170. & 100-31-0178). located near the northwest corner ofIdaho Road and Roundup Street. zoned High Density K4u|Up|eFami|y City vr Apache Junction,Arizona Page City Council Meeting Meeting Minutes November 15,2022 Residential by Planned Development ("RM-2/PD")to allow three, two-story 4-plexes (12 total units). Planning and Zoning Commission Recommendation The Planning and Zoning Commission Public Hearing was held on October 11, 2022.The Planning and Zoning Commission voted 5:1 to recommend denial of P-21-99-PZ. The commission did not believe the proposed two story design was the best use for the property and that it was not consistent with the surrounding neighborhood (Apache Junction ("AX) Townhomes). The commissioners had concerns regarding privacy for the existing residents of AJ Townhomes on the north side of the proposed development, as rear facing balconies are being proposed on the second floor. Although the applicant is proposing to plant a minimum of 36" box trees along the northern property line as screening, the commission was hesitant that the trees would be maintained in a way that ensured privacy. The Planning Commission also had concerns regarding the long-term management of the property. It was unclear to the commission how the property would be maintained overtime, especially if, in the future, the parcels were each owned and managed by separate individuals as opposed to one, singular management company. Overall, the commissioners believed that a more compatible design could be achieved on the property. PLANNING STAFF ANALYSIS - Relationship to General Plan: The subject site is designated by the City's General Plan as"High Density Residential". This project is in compliance with the existing general plan land use designation. Zoning/Site Context: The approximate 1-acre property is surrounded by residential properties on all sides. Planned Development Zoning: There are no Zoning Ordinance deviations being requested as a part of the rezoning. FINDINGS OF FACT As required by the Apache Junction Zoning Ordinance, a Planned Development request may be approved by the City Council after consideration has been given to three different criteria. 1. That a better design cannot be achieved by applying the strict provisions of the underlying zoning district. Applicant Response: The site is only 98 feet wide. After applying the strict provision of the underlying districts of 20 feet setbacks for the front, 20 feet for the rear, and 33 feet federal easement the leftover of 33 feet makes it very difficult to achieve a better design on the lot without going up 2 stories. Hence, they asked for an amendment to allow a 2-story design. Though the current zoning allows for 40 feet building height, they have limited the building height to about approximately 25 feet to complement the surrounding properties. They also propose to plant a line of trees along the northern boundary for screening and for the privacy of the inhabitants on the northern border of the proposed development. 2. That strict adherence to the provisions of the Zoning Ordinance is not required in order to ensure the health, safety and welfare of the inhabitants of the proposed development. Applicant Response: The strict adherence to the zoning provision is not necessary to ensure the health, safety, and welfare of the inhabitants. By relinquishing 16 feet of the existing federal City of Apache Junction,Arizona Page 4 City Council Meeting Meeting Minutes November 15,2022 easement from 33 feet to 17 feet, they can provide a 20 feet rear setback to ensure the privacy of residents to the north of the proposed development, without compromising the 50 feet standard for city road. They propose to plant a line of trees along the northern boundary for the privacy of the inhabitants on the northern border of the development. 3. That strict adherence to the ordinance is not required to ensure that property values of adjacent properties will not be reduced. Applicant Response: The strict adherence to the ordinance offers investors limited options, thus has discouraged development. However, by allowing the relinquishment of 16 feet of the existing federal easement, the proposed plan can meet the 50 feet city street standards as well as provide inhabitants with better design and amenities that enhance surrounding property value, the health, and well-being of the inhabitants. The neighboring AJ Townhomes community is very pleased with the proposed development and desires to see it built. PLANNING DIVISION RECOMMENDATION Throughout the review process, Staff has expressed concerns regarding the maintenance, parking, and two-story nature of this project. In addition to the covenants, conditions, and restrictions ("CC&Rs")and homeowners association ("HOA") being developed by the applicant (attached), Staff has worked with the applicant to draft a detailed set of conditions to help address Staffs concerns. Staff is supportive of the proposed project subject to the proposed conditions of approval. Maintenance: Due to the design of the project as three, separate, independent parcels, staff has concerns regarding the perpetual maintenance of the development. Staff recommended that the site be developed as one parcel, but it was the developer's desire to keep all three parcels separate. Although it is the intent of the developer to own, and maintain all three 4-plexes, it is possible that, in the future, all three parcels could be owned by three separate individuals. In this case, there would be no way to guarantee that all three parcels are maintained to the same standard, or that the owner of the western parcel would not block off the shared amenity space from the other two properties. Parking: While the parking requirement per the Zoning Ordinance is being met, there is limited guest parking offered onsite. The development is comprised of three (3)and four(4) bedroom units, which requires a minimum of 2 spaces per unit. In order to meet this requirement, the applicant is providing a one-car garage for each unit, one designated space, as well as driveway space for an additional car to be parked in front of the garage. This provides approximately 12 total spaces per parcel. It should be noted that public parking is allowed along Roundup Street and can be utilized by the residents. It is the intent of the developer to utilize this space for overflow parking. Two-Story Units: This property is surrounded to the west, north and south by the Apache Junction Townhomes. Staff expressed concerns regarding privacy for the neighbors to the north of the proposed development. The surrounding townhomes are all single-story in height, and the proposed City of Apache Junction,Arizona Page 5 City Council Meeting Meeting Minutes November 15,2022 development is two-stories in height with a useable balcony on the second floor. Staff has required the applicant to plant 36" box Chinese Pistache trees along the northern property line in order to provide privacy for both parties. Council concerns that were further addressed: Wall height, responsible party of the wall, parking and signage on Roundup, combining of parcels. Ms. Schattnik perfomed a field visit and confirmed the majority of the wall is 6' in height from the southern side, however, there were some places that it was 5' due to elevation changes. The wall belongs to Apache Junction Townhomes, and the developer has been in discussion with this owner regarding the wall height to be extended in some areas. Roundup is a public right of way, which allows street parking with a limitation of over 48 hours to be noticed and enforced by Apache Junction Police Department and possible towing. Mayor Wilson opened the Public Hearing. Jane Brown, 35 N. Val Vista Road,Apache Junction, stated she does not reside within the city limits, but wanted to speak on behalf of friends who are in city limits. She expressed the benefits of having open space in Apache Junction, and encouraged council to keep in mind it is not necessary to build wall to wall concrete. Amy Gilson-Walsh, 1165 N. Papago Drive, Apache Junction, brought her concerns of the proposed parking on the street, what guarantee do the AJ Townhome owners have that the developer will do all the items promised to them at a prior meeting. She gave mention to the positives the developer discussed with AJ Townhome owners. Frank Stock, 1189 N. Apache Drive, Apache Junction, stated he had attended the Planning & Zoning meeting with his objection of this project. However, due to the developer working with the neighborhood and making accommodations, he is withdrawing his objection. He had concerns that the presentation given to council at this meeting varied from what the developer had shared with the AJ Townhome owners. Goldine Knudson, 45 W. Rosa Street, Apache Junction, passed out a list of items to address to council. She expressed her gratefulness to the developer for trying to work with the AJ Townhome owners. One of her concerns is with the location of the building being too close to Idaho Road. She addressed the wall height of being only 4' at her residence. Other concerns she shared are the number of AJ Townhome owners objection to this project, the inappropriate size of the project for this neighborhood, and rental units will bring transient activity. Mr. Heppe, owner of the parcels addressed council and stated he intends to remain the owner. He explained his desire to keep separate lots is due to financing. He will have a property manager on call, not on site. Properties will be maintained very well, and he intends to be a good steward. He explained he also owns a complex in Mesa, and this project would be maintained the same. Trash being thrown over the wall would be unacceptable. Mayor Wilson stated he had also received additional Request to Speak Forms, but the individuals were not able to attend tonight's meeting. All requests listed below are in objection of this project. City of Apache Junction,Arizona Page 6 City Council Meeting Meeting Minutes Novemberi5,2022 Cekmia Redondo, 87VV. Rosa Street, Apache Junction Cisco Redondo, 87VV. Rosa Street, Apache Junction Rita Toledo, 1184N. Coconino Drive, Apache Junction Linda Thomas, 79VV Rosa Street, Apache Junction Ana|izoCenUno. 1163N. Coconino Drive, Apache Junction Richard Ebaugh. Apache Junction Mayor Wilson closed the Public Hearing. Council requested the property owner and developer to address the following concerns: All 3 buildings to be constructed at the same time, varied presentations shared with council and AJ Townhome owners, emergency vehicle entry and maneuverability at the cul-de-sac, property management control. City Staff, the property owner and developer responded to Council concerns. Mayor Wilson opened the Public Hearing. Amy Gilson-Walsh, 1165 N. Papago Drive, Apache Junction, brought up her concerns regarding the circular area/roundabout plans, the amount and speed nf traffic, management team nnsite, and who will hold the developer accountable for the items agreed to with the AJ Townhome owners. Andre K4eok, 1327S. 0e|oir. Apache Junction, expressed his approval of the project. Go|dine Knutson,4GVV. Rosa Street,Apache Junction, agrees this ioa wonderful project but io too big ofa complex for such a small space. She also shared her concerns of the type of housing and the possibility the units may not be filled due to the price of rent being proposed. Mayor Wilson closed the Public Hearing. 10. 22-732 PneS8nt8UOn' diSCUSSiOn' public hearing, and consideration of proposed Resolution No. 22-38 (case P-21-99-PZ). a Resolution of the Mayor and City Council of the City of Apache Junction, Arizona, declaring as o public r8C0nd that certain document filed with the City Clerk and entitled "Zoning Conditions of Case No. P-21-98-PZouthorized under Ordinance No.1528 for the planned development major amendment of the property legally described as and located at 94 VV Roundup Stneet, Apache Junction' Arizona." This i[arn was presented and discussed at the city council meeting held November 1, 2022. Councilmember Schroeder moved,seconded by Vice Mayor Rizzi,that Resolution No.22-38 a Resolution of the Mayor and City Council of the City of Apache Junction,Arizona,declaring as a public record that certain document filed with the city clerk and entitled"Zoning Conditions of Case No.P'21'g9'PZ''authorized under Ordinance No. 1528 be approved. Yes: 0- Mayor Wilson, Vice Mayor Rizzi, Counni|membarEvona. Counoi|mnmber Johnoon, Counoi|momborNmaaor and Counoi|mamborSchroeder No: 1 - Counoi|momberHook City vr Apache Junction,Arizona Page City Council Meeting Meeting Minutes November 15,2022 11. 22-727 Presentation, discussion, public hearing, and consideration of Ordinance No. 1530, case P-22-88-PZ, a request by Chris Hundelt of Keystone Homes for the approval of a planned development rezoning of 14.1 acres currently zoned RS-GR and RM-2 to RM-2/PD to approve and facilitate the development of a 158-unit leased residential community tentatively known as "The Havenly Scenic." This item was presented and discussed at the city council meeting held November 1, 2022. Councilmember Evans moved,seconded by Vice Mayor Rizzi that acceptance of the withdrawal of rezoning Case P-22-88-PZ along with accompanying Ordinance No. 1530 and Resolution No. 22-43,and acceptance of the withdrawal of Planned Development Amendment Case P-22-89-PZ along with accompanying Ordinance No. 1531 and Resolution No.22-44,at the request of applicant Chris Hundelt of Keystone Homes,for the reasons stated in Mr. Hundelt's November 14, 2022,and November 15,2022,correspondence be approved. Yes: 7- Mayor Wilson, Vice Mayor Rizzi, Councilmember Evans, Councilmember Heck, Councilmember Johnson, Councilmember Nesser and Councilmember Schroeder No: 0 Mayor Wilson stated agenda Items 11-14 addressed the same property and project, so he combined them. City Planner Nicholas Leftwich presented a letter to council and staff, received from developer Christ Hundelt of Keystone Homes, requesting a withdrawal for the planned development under Ordinance No. 1530, Case P-22-88-PZ. Mr. Leftwich explained that due to the financial situation within the last week of new interest rates, and the fact the developer's financing behind the project has withdrawn, the developer has reanalyzed the proposal and has resolved the only option at this time is to request his withdrawal of this project. The 3 existing homes that fell within this project will remain. The conveyance of the property was contingent on the approval of this rezoning. The property owners have been informed of this by the broker. Assurance was granted by Mr. Leftwich that The Havenly Superstition project will continue as was approved previously, under Ordinance No. 1518. Mayor Wilson opened the Public Hearing, receiving no comments related to the agenda item, Mayor Wilson closed the Public Hearing. 12. 22-728 Presentation, discussion, public hearing, and consideration of proposed Resolution No. 22-43, a Resolution of the Mayor and City Council of the City of Apache Junction, Arizona, declaring as a public record that certain document filed with the City Clerk and entitled "Legal Descriptions and Zoning Conditions of Case No. P-22-88-PZ Authorized under Ordinance No.1530." This Item handled under motion on Item 11. City of Apache Junction,Arizona Page 8 City Council Meeting Meeting Minutes November 15,2022 13. 22-729 Presentation, discussion, public hearing, and consideration of Ordinance No. 1531, case P-22-89-PZ, a request by Chris Hundelt of Keystone Homes to amend Ordinance No.1518 to modify the conditions of approval requiring the improvement and dedication of Colt Road. This item was presented and discussed at the city council meeting held November 1, 2022. This Item handled under motion on Item 11. 14. 22-730 Presentation, discussion, public hearing, and consideration of proposed Resolution No. 22-44, a Resolution of the Mayor and City Council of the City of Apache Junction, Arizona, declaring as a public record that certain document filed with the City Clerk and entitled "Legal Descriptions and Zoning Conditions of Case No. P-22-89-PZ Authorized under Ordinance No.1531 for the Planned Development Major Amendment of Ordinance No.1518." This Item handled under motion on Item 11. I. OLD BUSINESS 15. 22-670 Presentation, discussion, and consideration of rejection of bids made by Tyler Technologies and Capers North America and approval of contract award to Mark 43 for RFP#23001 Computer Aided Dispatch/Public Safety Software Solution, Records Management System, and Mobile Field Reporting Software for 1 year in the amount of$490,645.00 with four additional automatic one-year renewals of$269,062.00 for a total not to exceed $1,566,893.00. Funding from the American Rescue Plan Act of 2021 will be used for this procurement. This item was presented and discussed at the city council meeting held November 1, 2022. Vice Mayor Rizzi moved,seconded by Councilmember Nesser that the contract for Public Safety's Computer Aided Dispatch and Records Management and Mobile Field Reporting software be awarded to Mark43 for an amount not to exceed$1,566,893.00 and bids submitted by Tyler Technologies and Capers North America be rejected,and the city manager and his designee be authorized to sign the Agreement and have additional authority to take any and all other administrative steps that effectuate the implementation of the software. Chief Pooley reviewed the proposal method staff went through for the Computer Aided Dispatch and Records Management and Mobile Field Reporting software. A thorough review and selection process revealed MARK43 was the best fit for the Apache Junction Police Department. He mentioned the funding and financial process to cover a 5 (five)year term. J. NEW BUSINESS City of Apache Junction,Arizona Page 9 City Council Meeting Meeting Minutes November 15,2022 16. 22-734 Presentation, discussion, and consideration of Resolution No. 22-46, an intergovernmental agreement with the City of Apache Junction and the Arizona Department of Public Safety for security support services at the State Farm Stadium in Glendale, Arizona. Councilmember Schroeder moved,seconded by Vice Mayor Rizzi that Resolution No.22-46,an intergovernmental agreement with the Arizona Department of Public Safety for security support services at the State Farm Stadium in Glendale Arizona be approved. Yes: 7- Mayor Wilson, Vice Mayor Rizzi, Councilmember Evans, Councilmember Heck, Councilmember Johnson, Councilmember Nesser and Councilmember Schroeder No: 0 Lieutenant Thom Parker listed several benefits this agreement offers to our police officers in an off duty capacity. It also allows officers to improve and maintain their skill levels on a greater scale.The original agreement commenced in April 2018, and this is basically a renewal. Lieutenant Parker addressed comments and concerns from Council regarding the status for off duty permissions, and funding for officers salaries in this capacity. 17. 22-735 Presentation, discussion, and consideration of Resolution No. 22-47, an intergovernmental agreement with the City of Apache Junction and the Maricopa County Sheriff's Office for Detention Officer Basic Training Academy use on an as-needed basis. Councilmember Nesser moved,seconded by Vice Mayor Rizzi that Resolution No.22-47,an intergovernmental agreement with the Maricopa County Sheriffs Office for Detention Officer Basic Training Academy use on an as needed basis be approved. Yes: 7- Mayor Wilson, Vice Mayor Rizzi, Councilmember Evans, Councilmember Heck, Councilmember Johnson, Councilmember Nesser and Councilmember Schroeder No: 0 Lieutenant Thom Parker explained the purpose of this is to be prepared for future growth and be able to hire additional officers that work in Detention Officer status. Currently, there is no other location in our area/region to provide this type of training. Previously, the process has been to apply and recruit lateral Detention Officers, those who no longer desire to work for Department of Corrections or other jail facilities. However, these applicant pools are dwindling. The benefits of this type of program would allow to hire the best quality candidate possible. Lieutenant Parker explained if we can hire recruits and send them to this academy, we can assure we are hiring career employees. He also mentioned this is a great opportunity to pursue the use of volunteers and Explorers showing great talent but are not yet the age of 21. Council questioned the number of Detention Officers now on staff, currently we have 4 Detention Officers working 24/7,with 2 vacancies. City of Apache Junction,Arizona Page 10 City Council Meeting Meeting Minutes November 15,2022 18. 22-713 Presentation, discussion, and consideration on Resolution No. 22-45, authorizing the city to enter into an intergovernmental agreement with Apache Junction Unified School District#43 to create a virtual library card for students using their school identification number. Councilmember Evans moved,seconded by Councilmember Schroeder that Resolution No.22-45, an intergovernmental agreement with Apache Junction Unified School District#43 to create a virtual library card for students using their school identification number be approved. Yes: 7- Mayor Wilson, Vice Mayor Rizzi, Councilmember Evans, Councilmember Heck, Councilmember Johnson, Councilmember Nesser and Councilmember Schroeder No: 0 Librarian Pam Harrison explained the Apache Junction Student Card will be a virtual library card issued to all registered students of Apache Junction Unified School District. Each student's school identification number will double as the Student Card library account number, which will allow access to public library resources and services. The Student Card will have limited borrowing privileges of three (3) books at a time as well as provide access to the library's digital collections and research databases. The Apache Junction Public Library does not charge overdue fines on physical materials, however, fees for lost or damaged materials will apply. Apache Junction Unified School District#43 will provide and implement a process for parents of its students to opt out of the Apache Junction Student Card. Students may possess a regular Apache Junction Library card in addition to the Apache Junction Student Card. An effort to reach out to other surrounding schools will begin after January 2023. 19. 22-726 Presentation and discussion on an award of contract to Viasun Corporation for asphalt crushing and screening. The work will be done through the Pinal County Cooperative Job Order Contract No.175623 for a total amount not to exceed $156,046.02. This service contract is part of the Fiscal Year 22/23 Capital Improvement & Street Maintenance Plan. Public Works Manager Shane Kiesow described the benefits of reuse and recycling asphalt during reconstruction and building of new roads within the city. He explained in the course of a year over 10,000 tons of asphalt are used in this manner,which allows for tremendous savings and not having to purchase virgin aggregate. The recycled product is used for dirt shoulder maintenance, dust mitigation on existing dirt roads as well as inclusion in the annual chip seal projects. K. COUNCIL DIRECTION TO STAFF L. SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES City of Apache Junction,Arizona Page 11 City Council Meeting Meeting Minutes November 15,2022 20. 22-722 Executive Session at 6:00 PM for Monday, December 5, and Tuesday, December 6, 2022, 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 Councilmember Nesser that an Executive Session at 6:00 P.M.for Monday, December 5th,and Tuesday, December 6th,2022,be held in the city council conference room located at 300 E.Superstition Boulevard in Apache Junction,Arizona, and other meetings scheduled if necessary. Yes: 7- Mayor Wilson, Vice Mayor Rizzi, Councilmember Evans, Councilmember Heck, Councilmember Johnson, Councilmember Nesser and Councilmember Schroeder No: 0 M. CALL TO PUBLIC Jane Brown, 35 N. Val Vista Road,Apache Junction, (not within Apache Junction city limits), expressed her concerns regarding the cost of winter visitors: using our water and other resources but not really giving anything in return. She suggested methods to gain revenue while these folks are residing in Arizona. Council responded that many winter visitors volunteer and donate to several of our local organizations and agencies, and that annual reports are submitted from these entities that list the hours donated, "which totals A LOT!" N. ADJOURNMENT Mayor Wilson adjourned the meeting at 9:39 P.M. City of Apache Junction,Arizona Page 12 City Council Meeting Meeting Minutes November 15,2022 ACCEPTED THIS DAY OF 2022, BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA. SIGNED AND ATTESTED TO THIS DAY OF 2022. WALTER"CHIP"WILSON Mayor ATTEST: JENNIFER 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 , 2022. 1 further certify that the meeting was duly called and held and that a quorum was present. Dated this day of 2022. JENNIFER PENA City Clerk City of Apache Junction,Arizona Page 13 City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No. 3. File ID: 22-767 Sponsor: Shane Kiesow Agenda Date: 12/6/2022 Index: In Control: City Council Meeting Consideration of approval on award of contract to Viasun Corporation for Project#HFS22-34, Asphalt Crushing and Screening Services. This service contract is in partial fulfillment of the Fiscal Year 2023 Capital Improvement& Street Maintenance Plan, and will be done through the Pinal County Cooperative Job Order Contract No.175623 for a total amount not to exceed $156,046.02. This item was presented and discussed at the city council meeting held November 15, 2022. City of Apache Junction,Arizona Page 1 Printed on 1113012022 Public Works Department Home of'the Superstition Mountains Date: November 21, 2022 To: Mayor and Members of the City Council Through: Bryant Powell, City Manager Mike Wever, Public Works Director From: Shane Kiesow, Public Works Manager Subject: Project#: HFS22-34 Award City staff respectfully requests city council consideration of award of contract to Viasun Corporation for project HFS22-34 for the service of crushing asphalt concrete and screening. This work is included in the FY 2023 Street Maintenance Plan to produce aggregate used in chip seal preservation maintenance projects specified within the Plan. The work would take place in the Public Works yard during the winter months of December through February. Work by contractor would be a cost to the city up to a not to exceed amount of $156,046.02. The asphalt to be crushed and screened is recovered asphalt from street maintenance or reconstruction within the city from the last couple years. Public Works customarily recycles and crushes its reclaimed asphalt every few years to be reused for new street maintenance or construction work. This item was presented for discussion at the November 15, 2022 city council meeting. 575 E. Baseline Avenue, Apache Junction, AZ 85219 • Voice(480) 982-1055 • FAX (480) 983-5752 or(480) 982-8005 CITY OF APACHE JUNCTION STREET MAINTENANCE AGREEMENT PROJECT NO.: HFFS22_34 "Asphalt Crushing & Screening Services" THIS AGREEMENT made and entered into by and between the CITY OF APACHE JUNCTION ("City"), an Arizona municipal corporation, and VIASUN CORPORATION, an Arizona corporation, ("Contractors'), 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 Final County cooperative job order contract no. 175623, Contractor's estimate(attached hereto as Exhibit A) dated September 23, 2422 (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 o render the Work in accordance with the terms and conditions set forth as follows: 1. PROJECT DESCRIPTION: Contractor shall do and perform or cause to be done and performed in a good workmanlike manner, the Work in accordance with and as more fully described in the Contract Documents 2. PAYMENTS &-COMPLETION: The total amount payable by the City to the Contractor is an amount not to exceed One Hundred Fifty-Six Thousand Forty-Six Dollars and Two Cents ($156,046f02) (the "Contract Sum") for the performance of the Work under the Contract Documents. All contracts will be operable for their full term at the rates quoted in the initial bid proposal, unless otherwise extended in writing by the City, Once City finds the Work acceptable under the Contract Documents, City shall promptly submit for processing a certificate for payment stating that,to the best of its knowledge, information and belief can 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 flue the Contractor is payable. 3. CONTRACT TERM. Upon Notice to Proceed given by the City, Contractor small begin Work no sooner than November 21, 2022 and small complete It no later than February 28, 2023. This provision does not limit the liability of Contractor for actual damages sustained by City as a result of any breach of contract or warranty by Contractor. Extensions may be approved at tunes as the Parties mutually deem fit. 4. L _B I*IC► MATERIA S: Unless otherwise provided In the Contract Documents, Contractor shall provide, pay for and insure under the requisite laws and regulations all labor, materials, equipment, toots and machinery, water, heat, utilities, transportation, ether facilities and services necessary for the proper execution and completion of the Work, whether temporary or permanent,and whether or not incorporated or to be Incorporated In the Work 5. INSPECTIONS AND QUALITY OF WORK: Contractor understands and agrees that inspection of the Work performed hereunder will occur by City. Contractor agrees that City will have the exclusive right to determine, in its sole discretion, whether the Work has been performed In accordance with the Contract Documents. Contractor further agrees to make such corrections to the Work as may be directed by City to conform to said Contract Documents. 6. WARRANTY: Contractor shall guarantee the Work against defective workmanship or materials for a period of one (1) year from the date of its final acceptance under the contract, ordinary wear and tear and unusual abuse or neglect excepted. Any omission on the part of City to condemn defective Work or materials at the time of maintenance Work shall not be deemed an acceptance and Contractor will be required to correct defective Work or materials at any time before acceptance. Within one (1) year from the date of acceptance due to faults in workmanship or materials, Contractor shall begin making the necessary repairs to the satisfaction of City within fourteen (14) calendar days of receipt of written notice from City. Such Work shall Include the repair or replacement of other Work or materials damaged or affected by making the above repairs or corrective work all at no additional cost to City. In the case of Work materials or equipment for which warranties are required by the special provisions of the Contract Documents, Contractor shall provide or secure from the appropriate subcontractor or "supplier such warranties addressed to and in favor of City and deliver same to City prior to final acceptance of the Work. Delivery of such warranties shall not relieve 2 Contractor from any obligation assumed under any other provision of the contract. The warranties and guarantees provided in this subsection shall be In addition to and not in limitation of any ether warrantees, guarantees or remedies required by law, and shall survive the expiration of this Agreement for the time period mentioned above, TAXES. Contractor shall pay all license, sales, transaction privilege, consumer, use and ether similar taxes for the Work or portions thereof provided by Contractor which are legally enacted at the time bids are received whether or not yet effective or subsequently applicable due to acts of jurisdictions or bodies other than City. 8. PERMITS & FEES: Unless otherwise providers 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 providers 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 Cade,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 S Contractor also acknowledges that then tax provision of the Apache Junction Tax Code, Chapter 8A, may also apply and If so, shall obtain a transaction privilege license and/or other licenses as may be required by the city code. Any activity by subcontractors within the corporate city limits will invoke the same licensing regulations on any subcontractors, and Contractor ensures its subcontractors will obtain any and all applicable licenses. Further, Contractor agrees to pay all applicable privilege and use taxes that are applicable to the activities, products and services provided under this Agreement, 9. INDEPENDENT CONTRACTOR: Contractor shall at all times during Contractor's performance of the services retain Contractor's status as an Independent contractor. Contractor's employees shall under no circumstances be considered or held to be employees or agents of City, and City shall have no obligation to pay or withhold state or federal taxes, or provide workers' compensation or unemployment insurance for or on behalf of them or Contractor. Contractor shall supervise and direct the delivery of the materials using Its best skill and attention. Except as provided In this Agreement, Contractor shall be solely responsible for all construction means, methods, techniques, sequences and procedures, and for coordinating all portions of the 3 Work required by the Contract Documents. Contractor shall be responsible to City for the acts and omissions of its employees, subcontractors and their 'agents and employees and other persons providing any of the Work 10. U E TES© NT. Contractor shall employ a competent project superintendent who shall be In attendance at the project site during the progress of the Work. The superintendent shall represent and be the community agent of Contractor and communications given to the superintendent shall be as binding as if given to Contractor. Important communications shall be confirmed in writing. The designated superintendent shall be designated for each project and communicated to City before the Work is performed. 11. PROGRESS SCHEDULE: Contractor shall, Immediately after entering into this Agreement, generate an estimated Work progress schedule, which shall be maintained and updated during the project. Work may progress :luring regular City business hours only If It Is determined by City not to disturb normal operations. 12. INDEMNIFICATION: To the fullest extent permitted by law, Contractor shall defend, indemnify and hold harmless City, its elected and appointed officers,officials, agents,and employees from and against any and all liability Including but not limited to demands, claims, actions, fees, costs and expenses, including attorney and expert witness fees,arising from or connected with, or alleged to have arisen from or connected with, relating to, arising out of, or alleged to have resulted from the acts, errors, mistakes, omissions, the Work or services of Contractor, Its agents, employees, or any tier of Contractor's subcontractors in the performance of this Agreement, but only to the extent caused by the negligence,'recklessness or intentional wrongful conduct of Contractor or its subcontractors in the performance of this Agreement or any subcontract. Contractor's duty to defend, hold harmless and Indemnify City, any special districts, elected and appointed officers, officials, agents, and employees shall arise in connection with any tortious claim, damage, loss or expense that is attributable to bodily injury, sickness, disease, death, or injury to, Impairment, or destruction of property including lass of use resulting therefrom,caused by an Contractor's acts,errors, mistakes, omissions,work or services in the performance of this Agreement including any employee of Contractor, any tier of Contractor's subcontractor or any other person for whose acts, errors, mistakes, omissions, work or services Contractor may be legally liable. 13. SUBCONTRACTORS: All subcontractors chosen by Contractor will be subject to City's approval. All subcontractors shall be identified by Contractor prior to award of contract. Contractor shall make no substitutions for any subcontractor, person or entity previously selected without the approval of City. 4 14. APPLICABLE LAW AND VENUE: The terms and conditions of this Agreement nt 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 Pinar County,-State of Arizona. The Parties hereby waive all provisions of law providing for a change of venue in such proceeding to any other county. Its the event either Party shall bring suit to enforce any term of this Agreement or to recover any damages for and on account of the breach of any term or condition in this Agreement, it is mutually agreed that the prevailing Party in such action shall recover all costs Including: all litigation and appeal expenses, collection expenses, reasonable attorney fees, necessary witness fees and court costs to be determined by the court in such action. 15. !N URANCE: 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 I satisfactorily completed and formally accepted; failure to do so may, at the sale discretion of City,constitute a material breach of this Agreement. Contractor's insurance shall be primary insurance as respects the City, and any Insurance or self-insurance maintained by City shall not contribute to It. Any failure to comply with the claim reporting provisions of the Insurance policies or any breach of an Insurance policy warranty shall not affect coverage afforded under the Insurance policies to protect City. The insurance policies, except Workers' Compensation, shall contain a waiver of transfer rights of recovery (subrogation) against City, its agents, officers, officials and employees for any claims arising out of Contractor's acts, errors, mistakes,omissions,Work or service. The Insurance policies may provide coverage which contains deductibles or self-insured retentions. Such deductible and/or self-insured retentions shall not be applicable with respect to the coverage provided to City under such policies. Contractor shall be solely responsible for the deductible and/or self retention and City, at its option, may require Contractor to secure payment of such deductibles or self-insured retentions by a surety bond or an Irrevocable and unconditional letter of credit. City reserves the right to request and to receive, within ten (10) working days, certified copies of any or all of the herein required insurance policies and/or 5 f 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, ity's right to Insist on strict fulfillment of Contractor's obligations under this Agreement. The insurance policies, exceptWorkers' Compensation and Professional Liability, required by this Agreement, shall name City, Its agents, officers, officials and employees as Additional Insureds, ftgQWRgp_C_QY_E_R-AG_E Commercial General Liabiilty Contractor shall maintain Commercial General Liability insurance with'a limit of not less than $1,000,000 for each occurrence with a $2,000,000 Products/Completed Operations Aggregate and a $2,000,000 General Aggregate limit. The policy shall include coverage for bodily injury, broad form property damage, personal Injury, products and completed operations and blanket contractual coverage including, but not limited to, the liability assumed under the indemnification provisions of this Agreement,which coverage will be at least as broad as that on Insurance Service Office, Inc. Policy Form No. CG 00011093,or the equivalent thereof. Such policy shall contain a severability of interest provision, and shall not contain a sunset provision or commutation clause, nor any provision which would serve to limit third party action over claims. The Commercial General liability additional insured endorsement shall be at least as broad as the insurance Service Office, Inc.'s Additional Insured, Form a, 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 toContractor's owned, hired, 6 { and non-owned vehicles assigned to or used in performance of Contractor's Work. Coverage will be at least as broad as coverage code 1, "any auto", (insurance Service Office, Inc. Policy Form CAS 00011293, or the equivalent thereof). Such insurance shall include coverage for loading and off loading hazards. If hazardous substances, materials or wastes are to be transported, MCS 90 endorsement shall be Included and $5,000,000 per accident ent limits for bodily Injury and property damage shall apply. Workers' Compensation Contractor shallcarry Workers' Compensation insurance to cover obligations imposed by federal and state statutes having jurisdiction of Contractor's employees engaged in the performance of the Work; and, Employer's Liability insurance of not less than $100,000 for each accident, $100,000 disease for each employee, and$500,000 disease policy limit. By execution of this Agreement, Contractor certifies as follows: "I am aware and understand the provisions of A.R.S. § 23-901 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 l will comply with such provisions before commencing the performance of the Work of this Agreement'* If Contractor has no employees for whom workers' compensation Insurance Is required, Contractor shall submit a declaration or affidavit to City so stating and covenanting to obtain such insurance if and when Contractor employs any employees subject to coverage. In case any work Is subcontracted,-Contractor will require subcontractors to provide Workers' Compensation and Employer's viability insurance to at least the same extent as required of Contractor. Certificates of Insurance Prior to commencing Work or services under this Agreement, Contractor shall furnish City with Certificates of Insurance, or formal endorsements as required by the Agreement, issued by Contractor's insurer( ) as evidence that policies providing the required 'coverages, conditions and limits-required by this Agreement are In full force and effect. The form of the certificates of insurance and endorsements shall be subject to the approval of the Apache Junction City Attorney's Office, shall comply with the terms of this Agreement, and shall be issued and delivered to City Attorney, City of Apache Junction,- 300 East Superstition Boulevard,Apache Junction,AZ,85119. In the event any insurance policies required by this ,Agreement are written on a "claims made" basis, coverage shall extend for two (2) years past completion 7 and acceptance of Contractor's Work and as evidenced by annual Certificates of Insurance. If a policy does expire during the life of the Agreement, a renewal certificate must be sent to City thirty(30) calendar days prior to the expiration date. All Certificates of Insurance shall be Identified with bid serial number and title. Policies or certificates- and completed forms of City'City's Additional Insured Endorsement(or a substantially equivalent insurance company form acceptable to the City Attorney) evidencing the coverage required by this section shall be filed with the City and shall include the City as an additional insured. The policy or policies shall be In the usual form of a public liability insurance, but shall also Include the following provision: "Solely as respects work done by or on behalf of the named insured for the City of Apache Junction, It is agreed that the City of Apache Junction and its officers and employees are added as additional insureds under this policy." Insurance required herein shall not expire, be canceled, or materially changed without thirty(30) calendar days'prier written notice to City. 16. CHANGE C)R©ERS.- A change order is a written order to Contractor, approved by City representative, issued after execution of this maintenance agreement authorizing a change in the Work or an: adjustment in the maintenance agreement sum or the maintenance agreement time. A change order signed by Contractor Indicates their agreement therewith. City may, without Invalidating this maintenance agreement, order changes In the Work within the general scope of the maintenance agreement consisting of additions, deletions or other revisions, the maintenance agreement sum and the maintenance agreement being adjusted accordingly. All such changes In the Work shall be authorized by change order and shall be performed under the applicable conditions of this maintenance agreement. The City representative shall have authority to order minor changes in the Work- not involving an adjustment in the maintenance agreement sum or extension of maintenance agreement time and not inconsistent with the Intent of this maintenance agreement. All such changes shall be effected by written order and shall be binding upon City and Contractor. 17. SUCCESSORS, ASSIGNMENT & DELEGATION: Clty and Contractor each bind themselves, their partners, successors, assigns and legal representatives to the other Party hereto and to the partners, successors, assigns and legal representatives of such other Party in respect to all covenants, agreements and obligations contained in the contract documents. Neither Party to the contract shall assign the contract or sublet It as a whole or delegates the duties thereunder, without the written consent of the other, rear 8 shall Contractor assign any monies due or to become due to it without the previous written consent of City. 18. WRITTEN NOTICE: Written notice shall be deemed to have been duly served if delivered in person to the individual or member of the firm or entity, or to an office of the corporation for whom it was intended or if delivered at or sent registered or certified mail, return receipt requested, and first class postage prepaid to the last business address known to them who gives the notice. 19, CLAIMS FOR DAMAGES. Should either Party to the contract suffer Injury or damage to personal property because of any act or omission of the other Party or of their employees or agents for whose acts they are legally liable, claims shall be made in writing to such other parties within a reasonable time after the first observance of such Injury or damages. 0. PAYMENT P rRFC}R 8 : City shall have the right to require Contractor to furnish bonds covering the faithful performance of the contract and the payment of all obligations arising hereunder. When required, standard bond forms must be completed by Contractor, and Contractor agrees to conform to all provisions set forth In such forms. 1. SAFETY; Contractor and/or its subcontractors shall be solely responsible for job safety at all times. 22. Jff S & REMEDIES: The duties and obligations Imposed by the Contract Documents and the rights and remedies available hereunder shall be In addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. No action or failure to act by City or Contractor shall constitute ai waiver of any right or duty afforded any of them under the contract, nor shall any action or failure to act constitute are approval of or an acquiescence to any breaches hereunder except as may be specifically agreed to in writing. 23. FORCE MA SURE. 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 (art "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 clue 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 9 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, venders 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 Marty 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 emceed ninety(90)calendar days. 4. TERMINATION: A. TERMINATION BY CITY: City shall be permitted to terminate this Agreement if in the discretion of the city manager or his or her designee, they believe Contractor has failed to meet the terms of this Agreement. City shall provide Notice of Termination to Contractor by Certified U.S. Mail ten (1 a) calendar days before such termination takes effect. B. TERMINATION BY CONTRACTOR: Contractor may terminate this Agreement If City falls to make payment as agreed upon in this document. Any ether 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. RECC _DS: Records of Contractor's labor, payroll and ether 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 snake such records available during that retention period for examination or audit by City personnel during regular business hours, 26. AMENDMENT: It is mutually understood and "agreed that no alteration or variation of the terms and conditions of this Agreement shall be valid unless made In writing and signed by the Parties hereto, and that oral understandings or agreements not Incorporated herein shall not be binding on the Parties* The representatives of the Parties (signatory for Contractor noted below or his or her designee,and the City Manager,or his or her designee),shall be authorized to execute future amendments dents or extensions of this Agreement. 10 27. ENTIRE AGREEMENT.= This Agreement and any attachments represent the entire agreement between City and Contractor and supersede all prior negotiations, representations or agreements, either express or implied, written or oral. It is mutually understood and agreed that no alteration or variation of the terns and conditions of this Agreement shall be valid unless male 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 passible, by construing the provisions as mutually complementary and supplementary.' 28. E ER BILITY: City and Contractor each believe that the+execution, delivery and performance of this Agreement are in compliance with all applicable laws. However," in the unlikely event-that any prevision of this Agreement is declared void or unenforceable (car is construed as requiring City to do any act in violation of any applicable laws, including any constitutional provision, law, regulation, or city code),such provision shall be deemed severed from this Agreement and this Agreement shall otherwise remain In full farce and effect, provided that this Agreement shall retroactively be deemed reformed to the extent reasonably possible In such a manner so that the reformed agreement (and any related agreements effective as of the same date) provide essentially the same rights and benefit (economic and otherwise) to the Parties as if such severance and reformation were not required. Unless prohibited by applicable laws,the Parties further shall perform all acts and execute, acknowledge and/or deliver all amendments, Instruments and consents necessary to accomplish and to give effect to the purposes of this Agreement,as reformed. 29. TIME IS OF THE ESSENCE: Time is of the essence with respect to all provisions in this Agreement. Any delay in performance by either Party small constitute a material breach of this Agreement. 30. CONFLICT OF INTEREST: This Agreement is subject to, and maybe terminated by City in accordance with, the provisions of A.R.S. § 38-511. 31. PROHIBITION TO CONTRACT WITH CONTRACTORS WHO ENGAGE 1 F TH STATE-t� RAEL. The Parties acknowledge A.R.S. §§ 35-393 through 35-393.03, as amended, which forbids public entities;from contracting with Contractors who engage In boycotts of the State of Israel. Should Contractor under this Agreement engage In any such boycott against the State of Israel, this Agreement shall be deemed automatically terminated by operation of law. Any such boycott is a material breach of contract. 32. COMPLIANCE WITH FEDERAL AND STATE LAWS: Contractor understands and acknowledges the applicability of the American with [disabilities Act, the Immigration Reform and Control Act of 1986 and the Drug Free Workplace Act of 1989 to the services performed under this Agreement. 11 As required by A.R.S. § 41-4401, Contractor hereby warrants its compliance with all federal immigration laws and regulations that relate to Its employees and A.R.S. § 23-214(A). Contractor further warrants that after hiring an employee, Contractor will verify the employment eligibility of the employee through the E- Verify program. If Contractor uses any subcontractors in performance of services, subcontractors shall warrant their compliance with all federal immigration laws and regulations that relate to its employees and A.R.S. § 23- 214(A), and subcontractors shall further warrant that after hiring an employee, such subcontractor verifies the employment eligibility of the employee through the E-Verify program. A breach of this warranty shall be deemed a material breach of the agreement that is subject to penalties up to and including termination of this Agreement. Contractor is subject to a penalty of $100 per day for the first violation, $500 per day for the second violation, and $1,000 per day for the third violation. City at Its option may terminate this Agreement after the third violation. Contractor shall not be deemed In material breach of this Agreement If the Contractor and/or subcontractors establish compliance with the employment verification provisions of Sections 274A and 274B of the federal Immigration and Nationality Act and the E-Verify requirements contained In A.R.S. § 23-214(A). City retains the legal right to inspect the papers of any Contractor or subcontractor employee who works under this Agreement to ensure that the Contractor or subcontractor Is complying with the warranty. Any inspection will be conducted after reasonable notice and at reasonable titres. If state law Is amended,the Parties may modify this paragraph consistent with state law. .....SIGNATURES TO BE ON FOLLOWING PAGES i 12 IN WITNESS WHEREOF the Parties hereto have caused this Agreement to be signed by their duly authorized representative as of this - day of , 2022. CONTRACTOR: VIASUN CORPORATI 1&di'-µ corporation E . � Its: .4 CITY: CITY OF APACHE JUNCTION, A IZO A, an Arizonan municipal corporation By:Walter"Chin'Wilson Its: Mayor,, ATTEST. Jennifer Pena City Clark APPROVE©AS TO FORM Richard J. Stern City Attorney STATE OF AKCzpn!9- ) )Ss. County of ,_ } The foregoing was subscribed andsworn to before me this: t . day of 2022, by as of Viasun Corporation, an Arizona corporation. BEATRKE T AC ST A Notary Public-AriYe mar'c a County y Comm,Expires!an 3. 025 o ary Public y Commission Expires: STATE OF ARIZONA } COUNTY OF PiNAl. � The foregoing was subscribed and sworn to before me this,. day of , 2022, by Walter"Chip"Wilson, as Mayor of the City of Apache Junction, Arizona, an Arizona municipal corporation. Notary Public My Commission Expires • 1 EXHIBIT A 3621 E.Superior Ave, Phoenix,Arizona 85040 Phone:(480)288-9 69 Fax:(48 ) 2 -6295 } MaSun Corporation Date:09 2312022 220046 Apache Jun n: WhoCnaw - 6rta1 C41t tltt rJ t unit, "` Unitcost Amount Asphalt Cmshkg !tMIS 10 General Condition 10 DAY $2, 20 Mobiiiza on 1 L S $3,000,00 $3,000,00 30 Traffic Control 1 Sarneading 0 L 0,00 .t3El 0 Quality Control Testing 0 L .00 WOO 50 Ownem Allowance 0 L S $0,00 $0,00 SUbtOtAl General It e --VOW Work Items r0'Asphalt Crushin 6635 TN $18. 7 $1125,86595 ,00 Subtotal Work Items f 1 ` Total Direct Cost $130,865.05 f#* Subtotal $130,865,95 Indirect Cost Profit 9, $12 43217 7 Subtotal $12,43227 Taal $143,29812 510 Insurance 1 1432.98 520 Berg[ 1,500016 $2,14947 Subtotal $M,880.67 Sales Tax 24° $9,165,35 Tel $156,046V i City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No.4. File ID: 22-746 Sponsor: Chip Wilson Agenda Date: 12/6/2022 Index: In Control: City Council Meeting Brief summary of intergovernmental updates from mayor and councilmembers. City of Apache Junction,Arizona Page 1 Printed on 1113012022 City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No. 5. File ID: 22-747 Sponsor: Bryant Powell Agenda Date: 12/6/2022 Index: In Control: City Council Meeting City Manager's Report. City of Apache Junction,Arizona Page 1 Printed on 1113012022 City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No.6. File ID: 22-756 Sponsor: Matt Busby Agenda Date: 12/6/2022 Index: In Control: City Council Meeting Announcement of current events. City of Apache Junction,Arizona Page 1 Printed on 1113012022 City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No.7. File ID: 22-716 Sponsor:Jennifer Pena Agenda Date: 12/6/2022 Index: In Control: City Council Meeting Consideration of application for a new Series 6 Bar Liquor License for Apache Creek Golf Club located at 3401 S Ironwood Drive, Apache Junction, AZ. 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 the Arizona Department of Liquor License and Control. City of Apache Junction,Arizona Page 1 Printed on 1113012022 City of Apache Junction 300 East-Superstition Boulevard •Apache Junction,Arizona 85119•www.ajcity.net December 6, 2022 MEMORANDUM TO: HONORABLE MAYOR AND CITY COUNCIL THROUGH: BRYANT POWELL, CITY MANAGER JENNIFER PENA, CITY CLERK FROM: EVIE MCKINNEY, DEPUTY CITY CLERK SUBJECT: APPLICATION FOR A SERIES 6 BAR LIQUOR LICENSE FOR APACHE CREEK GOLF CLUB An application for a Series 6 Bar Liquor License has been submitted by Jared Michael Repinski with Apache Creek Golf Club, located at 3401 S. Ironwood Drive, Apache Junction, AZ 85120. The Arizona Department of Liquor Licenses and Control received the application on October 13, 2022, and the Apache Junction City Clerk's Office received the application on October 24, 2022. 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. Our records reflect on November 4, 2008, city council approved a Series 7 Beer&Wine Bar application. This series allowed the business to serve and sell beer and wine throughout the entire golf course. Further records reflect on September 1, 2015, city council approved a Series 12 Restaurant Liquor License. This allowed the business to serve and sell all spiritous liquor in the restaurant area only. The Series 7 Beer and Wine license still allowed beer and wine to be served if the restaurant was closed, and throughout the golf course. The current application is for a Series 6 Bar Liquor License. This license allows a bar retailer to sell and serve all types of spirituous liquors, primarily by individual portions, to be consumed on the premises and in the original container for consumption on or off the premises. If the applicant receives approval from the Department of Liquor Licenses and Control, the Series 7 and 12 licenses are required to be surrendered. Correspondence related to inspections of the premises for safety and code compliant 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 four entities find compliance with the inspection requirements and recommend approval. Their responses are included in the agenda packet. The recommendation for city council must take place within sixty(60)days of filing of the application, therefore must be done by December 12, 2022. Home of the Superstition Mountains °,. C.—f State of Arizona Department of Liquor Licenses and Control Create 10/13 2 22 @ 0 1: Local Governing o ort LICENSE Number: 061 10075 Type: 006 BAR Name: APACHE CREEK GOLF CLUB State: Pending Issue Date: Expiration Date: 08/3112023 Original Issue Date: 10/W1977 Location: 3401 S IRONWOOD DRIVE APACHE JUNCTION,AZ 85120 USA Mailing Address: PO BOX 6252 CHANDLER,AZ 85246 USA Phone: (480)888-1854 Alt.Phone: (480)664-0389 Email: JREPINSK122(,O YAHOO.COM Currently, this license has pending applications. AGENT Name: JARED MICHAEL REPTNSKI Gender: Male Correspondence Address: PO BOX 625`7' CHANDLFR :\/ S5246 USA Phone: (480)664-0389 Alt. Phone: Email: JREPINSKI —'a) ,<\I IOO.COM OWNER Name: DALS'I"ON 1,111 Contact Name: JARFD N,11C'l1 \F1, Rl PINSKI `hype: PAR]N1,RS1 III' AZ CC File Numbcr: State oh Incorporation: Incorporation Date Cor respondence Address: PO 130\ 0',' CIIANDLI R, \/ �,)?46 USA Phone, (480)004-t1,tia) Ah Phone: I-ma11: \1100 ( 0\1 017icers , Slockholders Name: Title: o Interest: STEPHEN JOHN DALLAS GeneralPartner 90.00 DALSTON LLP ® GeneralPartner Name: STEPHEN JOHN DALLAS Gender: Male Correspondence Address: 8132 E KrU%IvIER STREET MESA,AZ 85207 USA Phone: (480)888-1854 Alt.Phone: (602)359-1919 Email: JDALLAS329(ibAOL.COM MANAGERS Name.- DIANA TSOUKATOS Gender: Female Correspondence Address: 3462 E ROBIN LANE GILBERT,AZ 85296 USA Phone: (480)888-1854 Alt. Phone: (480)3 19-5486 Email: 1'a,,ic 2 ol'3 ICA I �.T Application Number: 211544 Application Type: Location/Owner Transfer Created Date: 09/30/2022 QUESTIONS & ANSWERS 006 Bar 1) Are you applying for an Interim Permit (INP)? No 4) Does the Business location address have a street address for a City or Town but is actually in the boundaries of another City,Town or Tribal Reservation? No 10) Provide name, address,and distance ol`nearest school. (If less than one(1)mile note footage) APACHE JUNCTION HIGII SCHOOL 2525 S IRONWOOD DR APACHE JUNCTON AZ 85120 120 FEET THE CHURCH OF JESUS CHRIST OF LATTER DAY SAINTS 1720 S IRONWOOD DR AP ACHE JUNCTION AZ 95120 4860 FEET 11) Are you one of the following? Please indicate below. Property Tenant Sub-tenant Property Owner Property Purchaser Property Management Company OWNER 12) Is there a penalty if lease is not fulfilled" No 13) What is the total money borrowed lot-the buSliiess not including the lease? Please list lenders/people owed n7nne} fi)i the business. $774,252.00 METRO PHOENIX BANK 4086 F `ANBUREN ST SUITE 150 PHOENIX AZ 85008 14) Is there a drive through window on the premises? No 15) If there is a patio please indicate conn =uoui or non-contiguous®vithin 30 feet. CONTIGUOUS 16) Is your licensed premises now closed due to construction, renovation or redesign or rebuild? No 23) Total Price paid for Series 6 Rain.Sci ie, " 13eei& Wine Bit-or Series 9 Liquor Store(license only) P'1"!c ask`,' 22 SEEPvG Chdstine Rat Conlrol AZ DepL of a ,800 W.Washinoon St.51h Floor Phoenix AZ 85007 OwnershipjUpdate for Liquor License#07110027 8t 12113259-Apache Creek Golf CIub 6 The *of Limited Pwt= WiUiam Homer Ralston is now below IM therefbre plem allow Iettcq to serve as an ownership update witbm Dalston LLP The percentages of o . . within LLP.are: Stephen John No other pers4 owns 1 or male. Th ou for ►ourtime,,,, t Stephen John Rallas Agent for Apadhe Crock GolfClub/`Restaurant J 29 loom 88-1854 .• I I ' t I I 1 c } I w L I I I h f r 1 i i N ! tit � r ILI ICE I , Pt I Lam. Y<:cm+tG' �, 60 rs?J4,U� .f}t. ' � ON }� �;}i;.�t`s F • 1 µ.�� 5- rGt`t"y,.�;f4' a'i�',?Yrr.. ;X�d( ..........� k;.finV�' ,'r�rsa)'���:��i�rr�,r�stx�'�,. ,� r �.4~•v�;�:e '���N�: ti�,.tr4 +� • • • • u h i5y' s- ti r f O O O Apache Junction Police Department Memorandum Date: 11/08/22 To: City Clerk's Office From: Daniel S@ld8OB' Lieud8O@O[ Subject: Apache Creek Golf Club On 11/08/22 at about 0700 hours,I conducted a liquor and business inspection of Apache Golf Club 34O| S. Ironwood Dr. Sergeant Pennington was present during this inspection. The business entry doors are onthe west wall facing the parking lot. The east wall has an entry/exit door leading toon outside patio and the golf course. At the time ofmy inspection,the business owners were not on site. I met with the kitchen manager, and she walked the bar area with meon the north side of the business building. The kitchen manager showed nnu an area where some of the alcohol was going tohu stored ioocloset enclosed by a door using a passage door knob. This room was not secured, and they were advised to use u locking doorknob to keep the alcohol buckaocksecured. The inspection included locating the nearest schools, daycare, and religious facilities. They are uefollows: \) The nearest church im the Church of Jesus Christ Latter Day Saints located at 1720 S. Ironwood, outside of the 300 feet requirement 2\ The nearest school is /\oacbc Junction fTiub School, located at 2525 S. Ironwood Dr., outside the 300 feet requirement. Apache Golf Club has been an c$ub|iehcd huoincaa within the city for several years without public concern or violations. Therefore, the Apache Junction Police dmnudrnen1 does not object io approving liquor license as long as the business complies with the City of Apache Junction, the County of pbnu), and the State of Arizona regulations and ordinances. Yvette McKinney From: Adrian Alegria Sent: Wednesday, November 16, 2022 11:45 AM To: Yvette McKinney Subject: RE:Apache Creek Golf Club Liquor License Application Evie, I just conducted the on site inspection for this nonconforming property, and I do not have any restrictions. I recommend approval. Thank you, From:Yvette McKinney<mckinney@apachejunctionaz.gov> Sent: Monday, November 14, 2022 6:17 PM To:Adrian Alegria<aalegria@apachejunctionaz.gov> Subject: RE:Apache Creek Golf Club Liquor License Application Thank you for the update Adrian. Will be watching for your report after 11/16/2022. Have a great evening, Evie From:Adrian Alegria <aale ria@aPacheiunctionaz, ov> Sent: Monday, November 14, 2022 6:03 PM To:Yvette McKinney<mckinney2apachejunctiongLgov> Subject: RE:Apache Creek Golf Club Liquor License Application Evie, I have setup a site inspection for this coming Wednesday 16.Sorry for the inconvenient we had some conflict with the schedules. Thank you, From:Yvette McKinney<mckinney@a achejunctionaz, ov> Sent: Monday, November 14, 2022 5:52 PM To:Adrian Alegria <aale ria a acheiunctionaz. ov> Subject: FW: Apache Creek Golf Club Liquor License Application Hi Adrian, Please reply with your inspection results as soon as you can. I am in need of posting items into Legistar, and the department inspection and approvals are required. Thank you, Evie McKinney Deputy City Clerk Ext 5061 1 From:Yvette McKinney Sent:Wednesday, November 2, 2022 8:52 AM To:tine. erola @sfmd.az, ov; Richard Mooney<richard.moone sfmd.— ov>; Rudy Esquivias <res uivias a ache undtionaz. ov>;Adrian Alegria <aaLej1na@a ache'undtionaz. ov> Cc:Jennifer Pena<ipena apaacheiunctionaza ov>; Donna Scruggs<dscru.ggs a ache'unctiona2.gcr_v>; Dana Martin <dmartint�?apaacheiunctionaza ov> Subject:Apache Creek Golf Club Liquor License Application Good Morning, The City Clerk's office has received the attached Series 06—Bar liquor license application. Please conduct your safety,security,ADA compliance and other inspections and submit your department recommendations to me by Wednesday, November 9, 2022, in order for this item to be on the December 6, 2022, City Council meeting. Thank you, Evie McKinney mdkinne a adhe'unctlonazo ov Ext 5061 City Of Apache Junction 300 p a rstition Blvd. Apache Junction, AZ 35119 City Hall Hour ofOperation 7AM --6 M, Monday through Thursday, closed Fridays. Ibismessage and the info ation within isintended forthe recipient. If you received thisemail in error, please notify the nderand then delete the email. Emaiisgenerated by council members or City staff pertaining to City businessare public recordsand are preserved according to the City's records retention schedule.To ensure compliance with the Open Meeting Law, membersof the City Council should not forward email correspondence to othermembersof the Council. Membersof the Council and other public bodiesmay reply to thismessage, but should not copy other membersof the public body. 2 Yvette McKinney From: RudyEsquk/ias Sent: Wednesday, November 2. 202210:48AK4 To: Yvette McKinney;tinageoo|a@sfndazgmv; Richard Mooney;Adrian A|egha Cc: Jennifer Pena; Donna Scruggs; Dana Martin; Kelsey Schattnik; Nicholas Leftwich; Erika Hernandez; Sidney Urias Subject: RE:Apache Creek Golf Club Liquor License Application Attachments: Res#[UP-94-01 Apache Creek Golf[ouoe.pdf Hi EYie- TheP|anning Division has no objections to Apache Creek Golf Club continuing tm have a beer and wine liquor license. The golf course operates under a conditional use permit approved by the city back in 1994(see attached reso|ution), under the dt/s previous zoning ordinance. Among the conditions of approval,the golf course was allowed to have ancillary uses customary to golf courses, such as a pro shop and restaurant with alcohol sales. Thank You, Development Services Director City of Apache Junction 300 E. Superstition Blvd. Apache Junction, AZ 85119 480-474-2645 resquivi-as@apachejunctd.onaz.gov (Development Services Department office hours: Monday through Thursday from 7 :00am to 6:00pm, closed Fridays and Holidays. ) From:Yvette McKinney<nnckinney@apachejuncdonaz.gnv> Sent:Wednesday, November 2' 202I8:52AM To:tina.gerola@sfmd.az.gov; Richard Mooney<richard.mooney@sfmd.az.gov>; Rudy Esquivias <resquivias@apachejuncdnnaz.8nv>;Adrian A|e8ria <aa|eQria@apachejunctionaz.8nv> Cc:Jennifer Pena <jpena@apachejunctionaz.gov>; Donna Scruggs<dscruggs@apachejunctionaz.gov>; Dana Martin <dmartin@apachejunctinnaz.8ov> Subject:Apache Creek Golf Club Liquor License Application Good Morning, The City Clerk's office has received the attached Series 06—Bar liquor license application. Please conduct your safety,security,ADA compliance and other inspections and submit your department recommendations tomeby Wednesday, November 9, 2OJ2, in order for this item tobeon the December 6, 202Z, City Council meeting. Thank you, 1 Evie McKinney mckinney aoacheiunctionaz ov Ext 5061 City Of Apache Junction 300 -Superstition Blvd. Apache Junction, AZ 85119 City Fall Hoursof Operation 7AM -6PM, Monday through Thursday, closed Fridays. Thismessage and the information within isintended forthe recipient. If you received thisemail in error, please notify the nderand then delete the email, Bnails generated by council membersorCity staff pertaining to City businessare public recordsand are preserved according to the City's records retention schedule.To ensure compliance with the Open Meeting Law, mernbersof the City Council should not forward email correspondence to othermembersof the Council. Membersof the Council and other public bodiesmay reply to thismessage, but should not copy other membersof the public body. 2 Yvette McKinney From: Tina Gero|a <tina.gero|a@sfnd.ezgov> Sent: Wednesday, November 2. 20229:50AK4 To: Yvette McKinney; Richard Mooney; Rudy Esquivias;Adrian A|egha Cc: Jennifer Pena; Donna Scruggs; Dana Martin Subject: RE: [Externa|] Apache Creek Golf Club Liquor License Application Good morning. The SF&1D recOnlO0eDd6 approval of this Liquor License Application. Thank you. Tina Gerola | Fire Inspector Community Risk ReductionSuperstition Fire&Medical District Office k (48O) 982-444O ext. l@4 Mobile | /480\ 416-9775 Offi,e 14m^m | NA^nJiv-Thi,r.-,Jonfrmrn 7nrn-6nry Connectw ~thus! 000000 From:Yvette McKinney«nockinney@apache]unotionaz.Buv> Sent:Wednesday, November 2, ZU22O:G2AM To:Tina Gero|a <tina.gero|a@sfmd.az.0ov>; Richard Mooney«richard.nnuuney@sfmd.az.0uv>; Rudy Esquivias «resquivias@apachejunctionaz.0uv>;Adrian A|e0ria«aa|eQria@apache]unctionaz.0uv> Cc:Jennifer Pena <jpena@apachejunctionaz.gov>; Donna Scruggs<dscruggs@apachejunctionaz.gov>; Dana Martin <dmartin@apaohejunctionaz.0uv> Subject:Apache Creek Golf Club Liquor License Application Good Morning, The City Clerk's office has received the attached Series 06—Bar liquor license application. Please conduct your safety,security,ADA compliance and other inspections and submit your department recommendations tomeby Wednesday, November 9, 20I2, in order for this item tnbeon the December 6, 3022, City Council meeting. Thank you, Evie McKinney Ext5O61 1 City Of Apache Junction 300 E. Superstition Blvd. Apache Junction, AZ 35119 City Hall Hoursof Operation yA —0 I11, Monday through Thursday, closed Fridays. 1hismessage and the information within isintended forthe recipient. If you received thisemail in error, please notify the nderand then delete the email. Emailsgenerated by council members or City staff pertaining to City businessare public recordsand are preserved according to the City's records retention schedule.To ensure compliance with the Open Meeting Law, membersof the City Council should not forward email correspondence to othermembersof the Council. Membersof the Council and other public bodiesmay reply to thismessage, but should not copy other membersof the public body. 2 City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No.8. File ID: 22-733 Sponsor:Jennifer Pena Agenda Date: 12/6/2022 Index: In Control: City Council Meeting Presentation, discussion, and consideration of legal advertising agreement with The Arizona Republic for calendar year 2023. The rate for 2023 will remain unchanged from 2022. City of Apache Junction,Arizona Page 1 Printed on 1113012022 Legal Advertising Agreement Phoenix Newspapers, Inc., publisher of The Arizona Republic and Arizona Business Gazette, agree to extend the below listed terms to the City of Apache Junction for publication of their legal advertising for the period of 1-year commencing on January 1, 2023 — December 31, 2023. PUBLICATION ZONE # PUBLICATION DAYS AGREEMENT RATE Mesa Wednesdays Republic 11/15 Fridays $.67 per line per zone Section of the Arizona Republic Saturdays Publication must be to DISPLAY AD must be to Day AZ Republic by AZ Republic by Wednesday ® Thursday week prior by Friday prior 10 A NOON Friday = Monday by Noon m Monday 10 A Saturday =Tuesday by Noon =Tuesday 10 A PUBLICATION DAYS AGREEMENT fix " Arizona Business Thursdays Only .42 per line per zone Gazette Publication f must be to DISPLAYmust be to Day AZ Republic by AZ Republic by Friday week prior 5 Thursday Friday by 10 A pm PUBLICATION DAYS AGREEMENT RATS. Arizona Republic Full Run Classifieds Sunday $1.42 per line per zone Monday Tuesday Wednesday Thursday Friday Saturday Arizona Classifieds LINE RUN DISPLAY AD Republic Full (Publication Day) Run Classifieds Sunday = Wednesday at Noon =Tuesday at 3:00 PM Monday = Wednesday at Noon = Prior Wednesday at Noon Tuesday = Friday at Noon = Prior Thursday at Noon Wednesday = Monday at Noon = Prior Thursday at Noon Thursday = Tuesday at Noon = Prior Friday at Noon Friday = Wednesday at Noon = Monday at Noon Saturday = Thursday at Noon =Tuesday at Noon Pricing includes online postings to these public notice web listings (publicnotices.amentral.corn, Public NoticeAdscorn, and ananews.corn). All legal notice advertising will be type set in 5.5 point type at 14 lines per inch. Invoicing statements for the account will be at the end of each month based on ad expiration dates. Retail Open Position ROP ad rates (open rates) and deadlines, please call for info. Retail ROP positions are those that appear in any section outside of the Classified section as a display ad. Notices appearing in the Mesa Republic Community Classified section will be under the heading of"Public Notices". Two affidavits of publication will be supplied for each notice published. Affidavits are to be mailed to the following address. City of Apache Junction City Clerk 300 E. Superstition Blvd Bldg. C Apache Junction,AZ 85119 All publication requests should be E-mailed to: legal.advertising@pni.com Please reference account# 169202 Contact person(s) for ad placement: • Tara Hamm, Director/ Legal Ad Dept., 866-431-8665 thamm@gannett.com • Legal advertising open line 602-444-7315 City of Apache Junction Phoenix Newspapers, Inc.: Signed: WALTER "CHIP" WILSON Printed Name: Tara Hamm Mayor Date: Title: Director Date:10/11/2022 ATTEST: JENNIFER PENA City Clerk APPROVED AS TO FORM: RICHARD J. STERN Date: City Attorney Holiday and any other advanced deadlines will be e-mailed. *** Annual Budget documents (including Ordinances with Budget information) and TRUTH IN TAXATION deadlines will be emailed in April 2023 as those deadlines differ from our regular deadlines. City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No.9. File ID: 22-758 Sponsor: Heather Hodgman Agenda Date: 12/6/2022 Index: In Control: City Council Meeting Presentation, discussion, and consideration of entering into an agreement with Centimark Corporation for the re-coating of the police department roof in an amount not to exceed $52,063.00 using Mohave Contract#18R-CTMK-0418. City of Apache Junction,Arizona Page 1 Printed on 1113012022 t Public Works Department el,+orela J�a� Home of the Superstition Mountains Date: November 21, 2022 To: Mayor and Members of the City Council Through: Bryant Powell, City Manager Mike Wever, Public Works Director From: Heather Hodgman, Administrative Services Manager Subject: Centimark- Re-Coating Police Department Roof The city is working on the preventative maintenance to re-coat the Police Department roof. Previous work was completed ten (10) years ago. The work will consist of cleaning the roof, perform any necessary repairs, install surface primer, and install white silicone coating over the prepped application. There will be a ten (10) year warranty on the defects in material and workmanship. The work will be through Mohave cooperative agreement contract# 18R-CTMK-0418. Staff respectfully requests entering into an agreement with Centimark Corporation for the re- coating of the Police Department roof in the amount not to exceed $52,063. 575 E. Baseline Avenue, Apache Junction, AZ 85219 • Voice (480) 982-1055 • FAX (480) 983-5752 or (480) 982-8005 DocuSign Envelope#o,3200057C-BE5946F4-SEWF32287E3ACBC3?T CORPORATIONPOLICE DEPARTMENT ROOF RE-COATING AGREEMENT BETWEEN CITY OF APACHE JUNCTION AND CENTIMARK THIS E T is made and entered into by and between the CITY OF APACHE JUNCTION ("City"), an Arizona municipal corporation, and CENTIMARK CORPORATION, a Pennsylvania corporation, ("Contractor"), sometimes collectively referred to as the "Parties"or n ivi all the"Party". RECITALS A: Contractor asserts Its willingness, abilityan qualifications to provide roof re-coatingservices (the "Work") for the Police Department, located at 9001 N Idaho Rd, Apache Junction,AZ 85119, Public Works Building Maintenance Project # PWB 22-30 (the "Contract Documents") (See Exhibit ). B. City and Contractor desire to set forth herein their respective responsibilities and the manner and terms upon which Contractor shall render such Work. C. City has complied with the public bidding requirements under Arizona Revised Statutes (" ,") Title 34, and Apache Junction City Code Vol. 1, Chapter 3, Adm inistratian, isle 3- , Procurement Procedures, or such work is categorically exempt from such process, AGREEMgNT NOW, THEREFORE, City retains Contractor to perform, and Contractor agrees to render the Work Inaccordance with the terms and conditions set forth as follows: p OJ CT DESCRIPTION: Contractor shall do and perform or cause to be done and performed in a good workmanlike manner, the Work, detailed In Exhibit A. PAYMENTS2. C Ti : The total amount payable by the City to the Contractor Is an amount not to exceed Fifty-Two Thousand Ixty-Three Dollars ( 52,063) (the "Contract Sum") for the performance of the Work under the Contract Documents except for changes authorized by properly execute change orders. All contracts will be operable for their full term at the rates quoted In the Initial bid proposal, unless otherwise extended in writing by the City. pon notice that the Work is;ready for final inspection or acceptance, City representative shall promptly cause an Inspection to be made. Once City finds the Work acceptable under the Contract Documents, City shall promptly DocuSign Envelope 10:320 Ca7C-BE6 4-8E8 F32287E3ACB submit for processing a certificate for payment stating that, to the best of its knowledge, information and belief on the basis of its observation and inspection, the Work has been completed in accordance with the terms and conditions of the Contract Documents and that partial payment or the entire balance due the Contractor Is payable. Final payment shall not become due until the Contractor submits to the City all required lien waivers, releases and any other data establishing a ent or satisfaction of allContractor's obligations. If any subcontractor refuses to furnish a release or waiver required by City, Contractor may furnish a bond to Indemnity City against any such lien. If any such lien remains unsatisfied er all payments are made, Contractor shall refund to City all monies that the latter may be compelled to pay In discharging such liens,including all costs and reasonable attorney fees; 3. C T : The Term of this Agreement begins November , 2022 with a completion date of March 15, 2023.This provision does not limit the liability of Contractor for actual damages sustained by;City as a result of any breach of contract or warranty by Contractor, Extensions may be approved at times as the Parties mutually deem fit, 4 LABQJR AND MATERIALS: Unless otherwise provided in the Contract Documents, Contractor shall provide, pay for and insure under the requisite laws and regulations all labor, materials, equipment, tools and machinery, water, heat, utilities, transportation, other facilities and"services necessary for the proper execution and completion of the Work, whether temporary or permanent, and whether or not incorporated or to be incorporate in the Work. . INSPECTIONS ALIT O' F ; Contractor understands and agrees that inspection of the Work performed hereunder will;occur by City. Contractor agrees that City will have the exclusive right to determine, In its sole discretion, whether the Work has been performed in accordance with the Contract Documents. Contractor further agrees to make such corrections to the Work as may be directed by City to conform to said Contract Documents without requirement of a change order or any additional charge or cost to City whatsoever. R �f: Contractor shall guarantee the Work against defective workmanship or materials for a period of ten (10) years on the manufacturer warranty for restoration services from the' ate of its final acceptance under the contract, ordinary wear and tar and unusual abuse or neglect excepted. Any omission on the part of City to condemn defective work or materials at the time of construction shall not be deemed an acceptance and Contractor will be required to correct defective work or materials at any time before final acceptance. Within one (1) year from the date of final acceptance due to faults In workmanship or materials, Contractor shall begin making the necessary repairs to the satisfaction of City within fourteen( 4) calendar days of receipt o 2 Doeu iqn Envelope l 2D0057C-8E59-46F4-BE86-F32287E3ACBC 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 an deliver same to City prior to final acceptance of the Work. Delivery of such warranties shall not relieve Contractor from any obligation assumed under any other provision of the contract. The warranties and guarantees provided In this subsection shall be In addition to and not In limitation of any other warrantees, guarantees or remedies required by law,and shall survive the expiration of this Agreement for the time period mentioned above. 7 TAXES: Contractor shall pay all license, sales, consumer, transaction privilege, use and other similar taxes for the Work or portions thereof provided by Contractor which are legally enacted at the time bids are received whether or not yet effective or subsequently applicable due to acts of jurisdictions or bodies other than City. 8. RERMITS & 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 can 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 6s Contractor also acknowledges that the tax provision of the Apache Junction Tax Code, Chapter SA, may also apply and if so, shall obtain ai 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 an all applicable licenses. Further, Contractor agrees to pay all applicable privilege n use taxes that are applicable to the activities, products and services provided under this Agreement. 9. INDEPENDENT CONTRA CT Contractor shall at all times during Contractor's performance of the services retain Contractor's status as an independent contractor. Contractor's employees shall under no circumstances 3 DOC Sign Envelope lCt 3200057C-BE59-46F4-8ES6-F32287E3ACSC e considered or held to be employees or agents of City, and City shall have no obligation to pay or withhold state or federal taxes or provide workers' compensation or unemployment insurance for or on behalf of them or Contractor. Contractor shall supervise and direct the delivery of the materials using Its best skill and attention. Except as provided In this Agreement, Contractor shall be solely responsible for all construction means, methods, techniques, sequences and procedures, and for coordinating all portions of the Work required by the Contract Documents. Contractor shall be responsible to City for the acts and omissions of its employees,- subcontractors and their agents and employees and other persons providing any of the materials under any contract document. 10. 5.0 PERINTEN DENT: Contractor shell 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 designatedfor each project and communicated to City before work is performed. 1# Contractor shall, immediately er entering Into this Agreement, generate an estimated progress schedule, which shall be maintained and updated during the project. Work may progress during regular City business hours only if it is determined by City not to disturb normal operations. 12. I IFIC I : To the fullest extent permitted by law, Contractor shall defend, Indemnify and hold harmless City, its elected and pointed officers, officials, agents,and employees from and against any and all liability including ut not limited to demands, claims, actions, fees, costs and expenses, including attorney and expert witnes fees, arising fro 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, or 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 y the negligence, recklessness or Intentional wrongful conduct of Contractor or its subcontractors in the performance of this Agreement or any subcontract.ct. Contractor's duty to defend, hold harmless and Indemnify City, its special districts, elected and appointed officers, officials, agents, and employees shall arise in connection with any tortious claim, damage, loss or expense that Is attributable to bodily Injury, sickness, disease, death, or"injury to, impairment, or destruction of property including lass of use-resulting therefrom, caused by an Contractor's acts, errors, mistakes, omissions, ...ark 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 DocuSign Envelope ID:3200057C-EE5 - F4- F 22 7 CB legally liable. The amount and type of insurance coverage requirements set forth herein will in no way be construed as limiting the scope of the indemnity in this paragraph. . 'SUBCONTRACT All subcontractors chosen by Contractor will e subject to it 's approval. All subcontractors shall be identified y Contractor prior to award of contract. Contractor shall make no substitutions for any subcontractor, person or entity previously selected without the approval of Clty 14. APPLICABLE 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 e tried In a court of competent jurisdiction in Pinal County, State of Arizona. The Parties hereby waive all provisions of law providingfor a change of venue I 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 o account of the breach of any term or condition in this Agreement, it is mutually agreed that the prevailing Party in such action shall recover all costs including: all litigation and appeal expenses, collection expenses, reasonable attorney fees, necessary witness fees and court costs toe determined by the court in such action. 16. i U C . Contractor, at Its own expense, shall purchase an maintain the herein stipulated minimum Insurance with companies duly licensed, possessing a current A.M. Best, Inc, Rating of ++ , or approved unlicensed in the State of Arizona with policies and forms satisfactory to City. l Insurance required herein shall be maintained in full farce and effect until all Work service required o be performed under the terms of the Agreement I satisfactorily completed an formally accepted; failure to do so may, at the sole discretion f 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 is Any failure to comply with the claim reporting provisions of the insurance policies or any breach of an insurance policy warranty shall not affect covers ge afforded under the Insurance policies to'protect City. The Insurance policies, except Workers' Compensation, shall contain a waiver of transfer rights of recovery (subrogation) again t City, Its agents, officers, officials and employees for any claims arising out ofContractor's acts, errors, mistakes, omissions, Work or service: 6 DocuSign Envel pe 10 3200057C-BE59-46F4-8E$S-F32287E3,ACBC 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 forte deductible and/or self-retention and {pity, 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 (1 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 waiver of, ty's right to insist on strict fulfillment of ontractor"s obligations under this Agreement. The insurances policies, exceptWorkers' Compensation and Professional Liability, required by this Agreement, shall name City, its agents, officers, officials and employees as Additional Insureds. REQUIREDV o merciai General Liabiity Contractor shall maintain Commercial General Liability insurance with a limit o 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 for 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. C 00011093,or the equivalent thereof. Such policy shall contain a severability of interest provision and shall not contain a sunset provision or commutation clause; nor any provision which would serve to limit third party action over claims, The Commercial General Liability additional insured endorsement shall be at least as broad as the Insurance Service Office, Inc.'s Additional'Insured, For , CG 20101185, or the equivalent thereof, and shall Include coverage for Contractor's operations and ro cts and completed operations. If required y this Agreement, if Contractor sublets any part of the Work, services or operations, Contractor shall purchase and maintain, at all times during prosecution of the Work, services or operations under this Agreement, an Owner andContractor's Protective Liability insurance policy for bodily injury cumin Envelope 103 320O 57C- E5 -4 F4-8E F32287E3A E and property damage, Including eath, which may arise in the prosecution of Contractor's car , service or operations under this Agreement. Coverage shall e 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. AMIQMQW&LlaAli Contractor shall maintain Comm erciall usiness 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 toContractor's owned, hired, and non-owned vehicles assigned to or used In performance of Contractor's work. Coverage will be at least as broad as coverage code 1, "any auto", (Insurance Service Office, Inc. Policy Form CA 00011293, or the equivalent thereof). Such insurance shall Include coverage for loading and off loading hazards. If hazardous substances, materials or wastes are to be transported, MCS 90 endorsement shall be Included and $5,000,000 `per accident limits for bodily injury and propertyda .age shall apply, Workers' Compensation Contractor shall carry Workers' Compensation insurance to cover obligations Imposed y federal and statestatutes having jurisdiction of Contractor's employees engaged in the performance of the Work or services, and Employer's Liability insurance of not less than $100,000 for each cci ent, $100,000 disease for each employee, and $500,000 disease policy limit. y execution of this Agreement, Contractor certifies as follows- "I a aware and understand the provisions o 3- 0 a s . is requires every employer to insure against liy abilityfar . or ers' compensation or to undertake self-insurance In accordance with the provisions of this chapter, and I will comply ih such provisions before commencing the performance of the Work of this Agreement." If Contractor has no employees for whom workers' compensation insurance is required, ontrac or shall submit a declaration or affidavit to City so stating and covenanting to obtain such insurance if and when Contractor employs any employees subject to coverage. In case any work is subcontracted, Contractor will require subcontractors to provideWorkers" Compensation and Employer's Liability insurance to at least the same extent as required of Contractor. CertificaLes of Insurance 7 DocuSign Envelope ID 320O 57 -BE59- 6F -5E86-F32267E3A E Prior to"commencing work or services under this Agreement, Contractor shall furnish City with Certificates of Insurance, or format endorsements as required by the Agreement, issued by Contractor's insurer(s), as evidence that policies providing the required= coverages, conditions and limits required by this Agreement are in full force and effect. The form of the certificates of insurance and endorsements shall be subject to the approval of the Apache Junction City ttorney's Office, shall comply with the terms of this Agreement, and shall be issued and deliveredto City Attorney, City of Apache Junction, 300 East Superstition Boulevard, ache 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 ofContractor's Work or services and as evidenced y annual Certificates of Insurance: If a policy does expire during the life of the Agreement, a renewal certificate must be sent to City thirty 3 ) 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 fors of ity's Additional Insured Endorsement(or a substantially equivalent insurance company form acceptable to the CityAttorney) evidencing the coverage required y this section shall e filed with the"City and shall Include the City as an additional Insured. The policy or policies shall be in the usual form of a public liability Insurance, but shall also include the following provision: "Solely as respects work done by or on behalf of the named insured for the City of Apache Junction, It is agreed that the City of Apache Junction and its officers and employees are added s additional insures under thispolicy."' Insurance required herein shall not expire, be canceled, or materiallychanged without thirty 3 ) calendardays' prior written notice to City. 1 _D change order is a written order to Contractor, approved y a City representative, issued after execution oft is construction agreement authorizing a change in the Work or an adjustment In the construction agreement sum or the construction agreement time. A change order signed y Contractor indicates his agreement therewith. City may, without Invalidating this construction agreement, order changes In the Work within the general scope of this construction agreement consisting of additions, deletions or other revisions, the construction agreement a and the construction agreement ein adjusted accordingly. All such changes in the Work shall be authorized by Change Order and shall be performed under the applicable conditions of this construction agreement ity representative shall have authority to order minor changes in the Work not involving an adjustment in 8 ocu3ign Envelope i 32C0057C-BE59-46F4-8E86-F32287E3ACBC the construction agreement sum or extension of construction agreement time an not inconsistent it the intent of this construction agreement. 'All such changes shall be effected written order and shall be binding upon City an Contractor. All change order disagreements of the Contractor shall be submitted in writing to the City Manager within five ( calendar ays 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. .� T A TlCity and Contractor each bind themselves, their partners, successors, assigns and legal representatives to the other Pay hereto and to the partners, successors, assigns and legal representatives of such other Party in respect to all covenants, agreements and obligations contained in the contract documents, Neither Party to the contract shall assign the contract or sublet it as a whole o delegate the duties hereunder, without'the written consent of the other, nor shall Contractor assign any monies due or to become due to it without the previous written consent of City. . WRI NOTICE: Written notices all be deemed to have been duly served if delivered in person to the individual or member of the firm or entity, or to an office of the corporation for whom it was intended or if delivered at or sent registered or certified .....all, return receipt re ueste , and first-class postage prepaid to the last business address known to them who gives the notice, 19. QLAIMS : Should either Party tot e contract suffer Injury or damage to personal property because of any act or omission oft e other Party or of their employees or agents for whose acts they are legally liable, claims shall be made in writing to such other Parties within a reasonable time after the first observance of such injury or damages. 20. f TY: Contractor and/or its subcontractors shall be solely responsible for job safety at all times. f. RIGHTS _REMEDIES: The duties and obligations Imposed y the Contract Documents and the rights and remedies available hereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. No action or failure to act by City or Contractor shall constitute a waiver of any right or duty afforded any of them under the contract, nor shall any action or failure to act constitute an 'approval of or an acquiescence to any breaches hereunder except as may e specifically agreed to in writing. DocuSign Envelope ECG3200057C-SE59-46F4-8EB6-F32287E3ACBC 2Z FORCE MAJEURE: Neither City nor Contractor, as the case may be, sell be considered not to have performed its obligations under this Agreement In the event of enforcedelay (an "Enforced Delay") due to causes beyond Its control and without Its fault or negligence or failure to comply with lic le laws, Including, ut not restricted to, acts of God, fires, floods, epidemics, pandemics, quarantine, restrictions, embargoes, labor disputes, and unusually severe eat er or the delays of subcontractors or materialmen due to such causes, acts of a publicenemy, war, terrorism or act of terror (including ut not limited to bic-t rrori or eco-terrorism), nuclear radiation, blockade, Insurrection,-riot, labor stake or interruption, extortion, sabotage, or similar occurrence or any exercise of the power of eminent domain of any governmental body on behalfof any public entity, or a declaration of moratorium or similar hiatus (whether er anent or temporary)" y 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 la , the time or times for performance of the obligations of the Party claiming e y shall be extended fora period of the Enforced Delay; provided, however, that the y seeking the benefit of the provisions of this Section shall, within thirty ( calendar as after such Party knows orshould'know of any such Enforced Delay, first notify the other Party of the specific el i 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 nine ( calendar days. 2 . T I I s A. TERMINATION BY CITY: City shall be permittedto terminate this Agreement if in the discretion of the city manager or his or her designee, believes Contractor has failed to meet the terms of this Agreement. City shall provide Notice of Termination to Contractor by Certified U.S. Mail ten (1 calendar days before such_termination tapes effect, B. t, ..:TI Y ACTOR: Contractor may terminate this Agreement I it lls 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 ( calendar days before such termination takes effect, 24. 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 ( years after termination oft i 1 DocuSign Etwelope I ;3200057 -S 5 F4-8 36-F32287E3ACS Agreement and shall make such records available urin that retention period for examination or audit by City personnel during regular business hours. . T: 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 y the Parties hereto, n t oral understandings oragreements not Incorporated herein shall not be binding on the parties. The representatives of the Parties (signatory for Contractor note below or his or her designee, and the City Manager, or his or her designee) shall e authorized to execute future amendments or extensions of this Agreement. 26. ENTIRE T. This Agreement and any attachments represent the entire agreement etween 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 the Parties hereto. Written and signed amendments shall automatically eco e part oft e supporting docu en , and shall supersede any inconsistent provision therein; provided, however, that any apparent inconsistency shalt be resolved, if possible, by construing the revisions as mutuallycomplementary and supplementary. . V IL.ITY: City and Contractor each elie e 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 s requiring ity to do any act in violation of any applicable laws, Including any constitutional revision, law, regulation, or city code), such provision shall be'deemed severe from this Agreement and thinAgreement shall otherwise remain ain in full force and effect; provided that this Agreement shall retroactively be deemed reformed t the extent reasonably ssi le in such a manner so than e reformed agreement (and any related agr nt ecie as of the same ate) provide essentially the same rights n enefits (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 an to give effect to the purposes of this Agreement, as reformed. 28. T11ME IS OF T : Time is of the essence with respect to all provisions in this Agreement. Any delay In performance by either Party shall constitute a material breachf this Agreement. . 9ONFLICT OF INTEREST: The provisions of - `I relatingto cancellation of contracts due to conflicts of interest shall apply to this contract. C o l a Envelope 10 3 00057C- 5 •4$ 4.8 86.F3 87 ACBC 30. PROHIBITION TO CONTRACT WITH CONTRACTORS ENGAGE IN BOYCOTT OF THE STATE1 L: The Parties acknowledge* A.R.S. -393 through -3 3, 3, as amended, which forbids public entities from contracting with Contractors who engage In boycotts of the State of Israel. Should Contractor under this Agreement n a e 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, 31. COMPLIANCE WITHF STATE L t 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 to the services performed under this Agreement. As required by A.R.S. § 41 1, Contractor hereby warrants o lia e with all federal immigration laws and regulations that relate to its employees and 23.214(A). Contractor further warrants that after hiring an employee, Contractor will verify the employment eli 1 ility of the employee through the E- Verify program. If Contractor uses any subcontractors In performance of services, subcontractors shall warrant their compliance with all federal immigration laws and regulations that relate to its employees anA.R.S. § 23- 214.(A), and subcontractors shall further warrant that after hiring employee, such subcontractor verifies the employment eligibility of the employee through the -Verifyro ra . A breachof this warranty shall be deemed a material :reach of the Agreement that Is subject to penalties up to and including termination of this Agreement.- ontractor Is subject to a penalty o 1 0 per y for the first violation, per day for the second violation, and $1,000r day for third violation. City at Its option may terminate this Agreement after the third violation, Contractor shall not be deemed In material breach oft is Agreement if the Contractor and/or subcontractors establish compliance ith the employment verification provisions of Sections 274A and 274B of the federal Immigration and Nationality Act and the E-Verify requirements contained In 23-214( ). City retains the legal right to Inspect the papers of any Contractor or subcontractor employee who works under this Agreement to ensure that the Contractor or subcontractor is complying ith the warranty. Any inspection will be conducted after reasonable notice and at reasonable times. If state law is amended, the Parties may modify this paragraph consistent with state law: IN WITNESSF the Parties hereto have caused this Agreement to be signed by their duly authorized representative as of this ay of ! tob- 2p 7 12 DocuSign Envelope ICE, 0O 7 - - F •8 P- 2 CENTIMARK CORPORATION, Pennsylvania r r ti ro L54-4 sLyi � 1(02412027 it . �x CITY: CITY OF APACHE JUNCTION, n Arizona municipal corporation Its: M tor Jennifer n City Clerk APPROVED AS TO FORM: Richard J. Stern" City Attorney 3 DocuSiign Envelope ID 32 7 -SE6 4-BE86-F322S7F3ACB STATE OF ' tt ar County of , The foregoing was subscribed and sworn to before me this ay of v— , _ as , r f t ti r t Corporation, a Pennsylvania iv a corporation, Commonwealth of Pennsylvania-Notary Seal lie My CommissionExpires: KiMb rly S.Brown,NotaryPubli Washington county trty commission expires Septernber24.2t)2 Commi ionnumber1f318 72 Meinbe+;PerinsylvaniaAssoelation of Notaries STATE OF ARIZONA } COUNTY OF PINAL The foregoing s subscribed and sworn to before me this day of ,2022, by Walter"Chip" Wilson, as Mayor of the City—of Apache Junction,Arizona, an Arizona municipal corporation, Notary Public y Commission Expires: DocuSign Envelope ID, 20O 57 Y 5 -d - E86- 32 7E 0ocuS gn Envelope Ilia 3200057C-SF5 F4-$F$6-F322$7 3ACS innovativeCENTIMARK. N solutions �. r tsstrirl City of Apache Junction DATE: 811112022 300 E Superstition Boulevard Apache Junction.AZ 8511 Aura: Larry Dewitt 48 -797 3437 ru ct. Apache Junction Police Department A0911WQ& Clears roofs using 2000 psi pressure washer Perform any necessary regales to the existing roof prior to application of new coating system Famish and#small pruner over repairs as needed to promote adhesion of the new coating system Furnish and install silicone coaling at an applicaVon rate of 2 gallons per 100 sit If over the prepared substrate 11a ',dater Resistant Posting—pressure cleaning 9019 SF 6. 1 $Z79&8 1,121r Poofinvestigation,repair,housekeeping 2 man crews)per hour 10 HR 18 $1,800,00 1.34e Prime Substrate 9019 SF O}56 $5,05U4 1.21 aaa One part,Silicon Roof Casting 9019 SF $ .88 $34, 93 72 1,121e Prime contractor teal-year nuanufkcta,rer warranty my on restoration services 9019 EA 047 $6 1,3 1,2 yv Siirc age for material price Increases/market volatility Scab Total: $45,271,58 PCr 15.00% $6,790,74 Sub Total. $5 062 32 Bond;'_ N/A MOO Totat $52,062:3 Above pAcing INCLUDES pplis 6t es and VohavWs admiritabalvie fees MohaveContract Number, R-C K-0418 Arizona License Numbers., ROC1720 1,R C13989 Chad Anderson% I M Service Sales Representative P F R A T I chaadanderson cntlrnark,co C on. 602-3 3-6 51 Mob;IW 602-3 -0089 DocuStiln Envelope ID 32C0057C-SE50-46F4-8E86-F32287E3ACOC y� t t „a ,ac 4 JF �S k t }ft Apache Junction Police Department Apache Junction, AZ :etlti trtrk Corporation reserves the right to adjust pricing teased on industry Cr price increases.Due to supply chain pressures and various material shortages,the roorin industry is currently experienchig unprecedented volatility,This is affecting both material costs and delivery schedules. sCt Cl r ,rCtt �l ar t .pa npu, flat If,during the perrorm ante of the contract,the price of material si ait€cantly increases,through no fault of entilelarit,the prig shall be equitably adjusted by an amount reasonably necessary to cover any such significant,price increases As used herein,a significant price increase shall mean any increase in price exceeding 5 percent experienced by enti ark from crate of contract signing.Stich price increases shalt be documented through supplier notices,quotes,invoices or receipts VAiere the delivery of material i delayed,through no fault of CenfiNfark,as a result of shortage or unavail tuhty e t`m ateri il,CentiMark shall not he liaa le for any additional crests or damages associated with such delay, p ��, ,. 1 t ` f � { s p Y' } � 7 � i! z F arq z F� t a � �; � � °t�93 � 3��" �`tiP ., x N �: , 1 ,, ;.., r ♦ � # � R i e• t � � • � * � tl� •� '. �� { *� L y , D 3 n Envelope ID, 0O 57 • 6F - -F 2 7 Table of Contents 3 f Letter of introduction. Drawing-- ... ....... Roof Condition Sununary,..... . . ..._ Construction Drawing, ... ............ ........ ExCcutive Proposal Summary.... .r„ References, . 0 cu l n Envelope ID 3200057 -SE5 F m8E86.F3 287E3AC C CENTIMA11K., 1411110119tive ROO&V and doSWutians Larry Dewitt 1001 Ndaho Rd Apache Junction,AZ 8511 Dear Livery Dewitt, Thank you for allowing CentiMark the opportunity to become involved with your roofing situation, We have completed a thorough,visual inspection and have prepared a comprehensive proposal based on our findings. Our outlined proposal, coupled with pictures taken of the areas in need of repair, will illustrate and support our recommendations The pictures of your roof will also give you a better understanding of your roof ystem's condition, Each CentiMark branch has its own Service Department ent stalely dedicated to resolving ourcustorrices roofing issues,our trained service crews have the skills and ability to make the prosper repairs to almost every type of roof system available. e understand that roofleaks can show tip in the middle of the night or on weekends and holidays. We handle this situation with a 24 hour, 7 days a week emergency number 900-25 -085 .Your call will be answered live and a service tears will be dispatched to correct your roofing problem, Our customers also have the option of scheduling service online at w = g t r ,t=oi . e know that our repair solutions will be an asset to your blending maintenance program and took forward to working with you very soon, Sincerely. Chad Anderson Service Sales Representative e tr' [ansNlark Confidential,Version:33 445,1,2 [7acu lgn Envelope ID-,3200057C-SE59-46F4-8E86-F32287E3ACBC ing Section:AJPD Area:Drawing � 1 � k t b ?ii 4N tii ' kkst 1� f}s�. p t 3ti s' k,per u 3 a zi r �.k4 fssa�kr v �t { ;k } s a t�1 P i t s m CentiMark Confidential-Version:336445 L2 DocuSign Envelope 10.3203C57C- 1ti5 -48F - - 8 E3 { Roof Condition Summary Section Condition Overview z c. ctrt Sectio AJPD 8,413 Unknown Poor L csrt i Unknown Poor enti dark Confi emial-Version-,336445,1,2 Docu Sign Envelope ID 3200057C-SE59-46F4-SE86.F32287E3ACEIC Roof Condition Summary fi Apache Junction Police Department 1001 N Idaho Rd Apache Junction.AZ 85119 Section:AJPD q.Footage:8,413 Leaks:Unknown e were unable to take a core photo Of this section due to the type of roof or other business conditions„ No Image Available ClareComments: e strive to provide ourcustomers with comprehensive information as to their overall roofcondition ancf life e p ctatao ."Cite roof is in pester condition As a short-termmeasure,repairs are needed.It is also suggested that near future roofing work be budgeted, Msmbonlit°The field of the roof is starting;to show visual symptoms of aging.There are noted irregularities in the roof surface: Repairs to the membrane in the identified areas and the institution carts comprehensive preventive maintenance programs should be considered, DjLajjj,There are signs that the details of the roof are in need of attention,items such as caulking along termination peens,filling pitch pates,and minor repairs to flashing need to be done,A comprehensive preventive maintenance program is suggested at tia`ss point to insure that the roof continues to perform at acceptable levels, DrajnUL"Glee roof currently drains at acceptable levels,'There are indications that drainage can become impaired if proper sortie keeping measures are not put in place,This would include gutter and downspout cleaning,straining basket cleaning,etc, n lathers•The insulation in the roof assembly appears to be in fine condition, Dick,a The structural deep of the roof appears to be in good condition,however,dace to moisture in the root ystem,there is a Possibility that there will be a need for deck repair or replacement in some areas. eaatilvlark Confidential• Version.336445,12 Docu ign Envelope 1 00057C.BE59-46F4-8EMF32287E3ACBC Roof Condition Summary Apache Junction tion Polo Department 1 01 N Idaho lid Apache Junction,AZ 85119 Section.Lower Sq<Footage:606 freaks.blnknown 'Were unable to take a sore photo of this section dice to the a of roastor other business condition No Image Available Core Comments: o ,d i i rtttrta v e strive to provide our customers with comprehensive information as to their overall roof condition and life expectancy.The roans in poor condition:As a short-term measure,repairs are needed,it is also suggested that near figure rooting work be budgeted. The field of the roof is starting to show visual symptoms of aging.There are noted irregularities in`t e roorsurface, Repairs to the membrane in the identified areas and the institution ofa comprehensive preventive maintenance program should be considered. .x"There are signs that the details ofthe roof are in neat of attention.Items such as caulking along termination points,filling pitch pans,and minor repairs to flashing need to be dame.A comprehensive preventive maintenance program is suggested at this point to insure that the roof continues to perform at acceptable levels. The roof currently drains at acceptable levels,There are indications that drainage can become impaired if proper house keeping measures are not put in place.This would include gutter and downspout cleaning,straining basket cleaning,etc. jgoggjjii� .The insulation its the roof assembly appears to be in fine condition_ The structural deck of the roof'appears to be in good condition,however,due to moisture in the roof system,there is is passibility that there will be a need for deck repair or replacement ent in some areas. entiMark Confidential»1 ersvon:336445,1,2 OticuS3gn Envelope ICI,320OCE7C-SE 6F -SE F322 7E3ACE Construction Specification 3, Apache Junction Police Department l 01 N Idaho Rd Apache!unction, AZ 85119 ' ti try r tttz iff ii artier .t rtr Sections inciuded.sower,AJpD Project ar Perform pre job meeting to determine job site logistics and safety requirements, Provide protective devices such as mounted windscreens and fabric vehicle covers to be used in areas of possible overspay; Furnish proposedconstruction schedule,if needed a M Furnish and install proper safety equipment in accordance with Centimarles written safety program, Furnish and install warning litres to identified areasassoctated with ground related roofing activities, Store roofing materials in accordance with good roofing practices, Material placement will be to distribute weight loads throughout the entire roof area, Surface rat aad m Clean roof with 2000 psi pressure washer in preparation for the new coating system. Perfemn any necessary repairs to the existing roof surface prior to application of the new coating system, Furnish and install surface primer as needed to promote the adhesion of the new coating system, System Application. Furnish and install high solids,white silicone coating over the prepared substrate at an application rate of t 5 gallons per 100sq l"t Standard Operating Procedures., EmgWUgftQfWL4) tfcr All work shall he performed in a wife,professional manner in compliance with Centimark policy, i fitly die- nWs Depending on new roof system firing installed, temporary water cut<ofr's are to be constructed at the end of each working day to protect the newly installed roof system and building interior. All work premises will be cleaned dairy(luring the construction process and at the completion of the project, o s c� a c� r� 'ur�cli list `entl rlark Confi den ial* Version 336445,L.) 'view instructional waders Docu i n Envelope ID 3200057C-SE59-46F4-8E86-F32287E3ACBC Conduct a post job walk through for final sign-off of our job completion AMAIM Upon purchase of the roofing system, you become entitled to receive the benefits "If single source responsibility through Centi ark's comprehensive written warranty,This warranty protects your roof against defects in materials or workmanship, If your roof leaks at any time during the warranty period; we will provide complete warranty service. Quote Name Sections Name Length All Quotes, All Sections, to 1 , Cen i ark Corporation disclaims any and all responsibility for pre-existing conditions including, but not limited to-,structural damage or deficiencies,clogged drains,mold growth,excessive standing-water,removal of hazardous material or other hidden deficiencies such as;damaged or leaking skylights,HVAC units/conduits,electrical or gas litres, This proposal does not cover, and in no case shall Cerro ark be liable for, the removal of, or damage to, AC units/conduits,gas lines,water litres,electric litres,or conduits,whether located above,below,or in the roof system, lightning protection systems, landscaping,communication cable,communication devices, or other devices including recalibration of satellites. it is the building ownees financial l obligation to provide corrective measures, , Please know that Centi ark Corporation is not an architect, engineering or design professional, and consequently assumes no responsibility for any such services,The proposed scope of work has been submitted upon your specific request. Unless otherwise noted specifically in the proposed scope of work, you acknowledge that the following options are not included in the contract price, including:,safety accessories-, increased insulation; or enhanced roof draining upgrades such as added drains, emergency overflow scuppers, sloped/tapered insulation or larger gutters and downspouts.please let ass know if you would like to review or include any of these options„ entiMark Confidential-Version 336445 11 ', , view snstrssctional video D cu ig€t Envelope III 320OC67C- E5 6F4-6ES6-F32267E3 CEC Drawi n g Section.AfPO Area:Drawing a t� Eta- �,r�, Is r f�n 4}fl zj tt 13 truly r��� � #�R vl CentiMark Confidential Version;336445:'1 2 DricuSign Envelope to 320a s7 -BE59 f3 < E86- 3 3 7E3A C ProposalExecutive Apache Junction Police Department Apache Junction,AZ 8511 Quote Section SystemWarranty* Price lip Silicone 1t3 5 , 2 r cssver p ` " ?� 1 years L 8,413 1 years Roof system warranties protect your roof against defects in materials or workmanship for the specified period outlined in the entiM ark-Non-Prorated Chatted Roof Warranty or the manufacturces warranty, € entr Pricing and terms per CentiMark Mohave contract#I 8R-CTNIK-0418.A corresponding Mohave line item quote will be provided on request. For internal use only,ID if 336445 entiiCark Project Manager signature Uiitc Version 3364 5,1,2 Standard terms: One-third 1/3 of the contract price due at the job start and the balance due net thirty(30)capon job completion, unless otherwise agreed to in the contract document. Projects greater than S250; � may e subject t progress payments.( i t ter are available upon request) ('enti laark Corporation reserves the right to adjust pricing based on industrt,wide price increases,Due to suppiv chain pressures avid various material shortages,the rtauting'industry is currently experiencing ainprecedented saalati ityµ This is affecting bath inaterial oasts and delivery schedules, BUtd-QAA11& 4QAIw ,ti remit �z r1„a d 17 M1ta a( tb tat tt a y t r z pt. t p7 a If, during the performance of the contract,the price of material significantly increases,through no fault of Centitalark,the price shrill be equitably adjusted by an amount reasonably nece sary to carver any such significant price increases. As used herein,n significant price increase shall mean any increase in price exceeding 5 percent experienced by CentiMark from date of contract signing.Stich price increases shall be documented through supplier notices,quotes,invoices or receipts, Where the delivery of material is delayed,through no rault of CentiMark,as a result of shortage or unavailability o material,Cent Mark shall not be liable for any additional casts or damages associated with such delay; This quote does not Include any supplemental deck attachment as may be required by Factory Mutual Global (F lease mite that should FM and/or you require such deck attachment,additional costs will be'estimated and added as a separate item to the overall cost of this project: Valid from 08111/2 i22 enta l rk Confidential Dccu l n Envelope iC3200057C-SE59-46F4-8E$B-F32287E3ACOC References Contact Before After Type of reference:Local ,�. mow✓` vw:it, ".,, 'mdl"r,.�w?��v Arizona Partners 4 Mesa,AZ 85202 f Contact.,Ben Epstein Property Manager {ti°ti Pinal County florc tce,AZ 85132 520 705 0687 CCSrt#aEtt'J(}ltra .`Sp$T7C7z'st Maintenance Lead .�� y Tucson Airport Authority o- reN Tucson,AZ 85756 52DS738192 Gar F�G�x Contact: Robert Gonzales Maintenance Supervisor •�}>lit��f}31r}}ij{-�tr ttt ftz}in�s4 s' s7r i$3{t�r �}���r�;54i � ....sw,,, '.4„w,�an,.<..A,.� ...,� r �ttt�fi� Jitt�i "st�tx S sit g �n2G '€` rnlae luflssiort Palms Tempe,AZ 85281 . 480-317-1575 Contact:Bruce D usay Director of Engineering CentiMark Contlslenti al V rsio w-336445;t,2 DocuSign Envelope to 3206C67C-BE59-46F4-8EB6-F32287F3ACBC January 28,20t4 Tom Cel ya Oirector Final County FadfJoes Management 121 Wem Stream Florence,AZ 85132 TO WtWM It rney concern Panel County has ranized the services Of Centl ork Ce ration thmulth Mohave for our roof repairs and replacements sfince 2008 For Fiscal Year 013-2014 Centi ar selected to perfom over 6 new mOt Bois as well 43 savors)met rftulm totaling over $7 >t166 Projects Include the foil r , Final County Casa GrOnditComplex COMPLETE * 31 North Most Campus Bulk!)nq A,Florence 88 pleie at Ahas time * 31 North Must Carpus Building C;Ftsmn e COMPLETE 31 North Final Campus Stall ing E:Florence SCHEDULED * 31 Furth final Campus Building F,Florence'SCHEDULED Fdrral County Coo iletlan Court,Coolidge COMPLETE * Meet County Facilities Adnarnsliallort,Florence SCHEDULED Create Park Malrionence Storage and Rest ROOM FOCift,Offide COMPLETE e hwe found ntl tark's worlunonship andservice to be exceptional luid they frame been very responsive to all of our flrt needs Theft of-sites staff rOhro3 Ifrrt> corturtftment and professionalism of s great qual y wDernzollon I have no hesitation In recommenalrel Corailftlark as On oulstandino company to do business wfth Kind rue, Tom C layo Ire�or lna t County Facilities Mantentment 1-5 70-666-6475 ,16 is i 1u Iry EXHIBIT A i s 3r1�s� ar r#��zkf�4 ��Mtl 'iii5b�s�syt$ry t< r f f £Fsr a. r� rEt > t } Golden Shores Condominiums-Stone Harbor, NJ r Y s� b f ti } i I r �# } is it tryry. Wi 4 i', ,.��,.. 1 ,It,rn•., §3 ,�.f.i r,: i�ttt :n fr'}Ir.. ,) f; .. }� l.: t r.tt�-.,. t �,tf., F t, a`. x I w r II t a ��1 i < 4 R '�" {�, " t, a i x t 'ixr pi' 4� V6 Cnc J 'l, lusion f recur mends entering into an agreement with Centimark, Aprpo rat foriAn a,n amount not to exceed $52,063 using Mohave contract 1 R- $1 CTMK' 04,180 N, City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No. 10. File ID: 22-759 Sponsor: Heather Hodgman Agenda Date: 12/6/2022 Index: In Control: City Council Meeting Presentation, discussion, and consideration of entering into an agreement with Riddle Painting and Coatings Corporation for the exterior weatherization for the police department not to exceed $60,322.00 utilizing Mohave Contract#20A-Riddle-0404. City of Apache Junction,Arizona Page 1 Printed on 1113012022 t Public Works Department el,+orela J�a� Home of the Superstition Mountains Date: November 21, 2022 To: Mayor and Members of the City Council Through: Bryant Powell, City Manager Mike Wever, Public Works Director From: Heather Hodgman, Administrative Services Manager Subject: Riddle Painting & Coatings Corporation- Police Department The city is working on the preventative maintenance of the Police Department exterior to re-seal all expansion and construction joints, window frames, door frames and seal all penetrations. This was previously done several years ago, and the warranty has since expired. Riddle Painting will be applying an epoxy coating to the 2nd floor outside patio area nearest the dispatch center, painting all the metal doors, frames and handrails located at the facility as well. There will be a ten (10) year warranty on the clear sealer that will be applied to the exterior of the building. The work will be through Mohave cooperative agreement contract# 20A-Riddle- 0404. Staff respectfully requests entering into an agreement with Riddle Painting & Coatings, Corporation in the amount not to exceed $60,322. 575 E. Baseline Avenue, Apache Junction, AZ 85219 • Voice (480) 982-1055 • FAX (480) 983-5752 or (480) 982-8005 i I r �# } is it tryry. Wi 4 i', ,.��,.. 1 ,It,rn•., §3 ,�.f.i r,: i�ttt :n fr'}Ir.. ,) f; .. }� l.: t r.tt�-.,. t �,tf., F t, a`. x I w r II • w, ��„. 7( N, POLICE DEPARTMENT EXTERIOR WEATHERIZATION AGREEMENT BETWEEN CITY OF APACHE JUNCTION AND RIDDLE PAINTING & COATINGS CORPORATION THIS AGREEMENT is made and entered into by and between the CITY OF APACHE JUNCTION ("City"), an Arizona municipal corporation, and RIDDLE PAINTING & COATINGS, CORPORATION, an Arizona corporation, ("Contractor"), sometimes collectively referred to as the "Parties" or individually as the "Party". RECITALS A. Contractor asserts-lts willingness, ability and qualifications to provide roof re-coating services (the "Work") for the Police Department Exterior Weatherization, located at 1001 N Idaho Rd, Apache Junction, AZ 85119 - Public Works Building Maintenance Project # PWB 22-32 (the "Contract Documents") (See Exhibit A). B. City and Contractor desire to set forth herein their respective responsibilities and the manner and terms upon which Contractor shall render such Work. C. City has complied with the public bidding requirements under Arizona Revised Statutes ("A.R.S.") Title 34, and Apache Junction City Code Vol. 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 done and performed in a good workmanlike manner, the Work, detailed in Exhibit A. 2. PAYMENTS & COMPLETION: The total amount payable by the City to the Contractor is an amount not to exceed Sixty Thousand Three Hundred and Twenty-Two Dollars ($60,322) (the "Contract Sum") for the performance of the Work under the Contract Documents except for changes authorized by properly executed change orders. All contracts will be operable for their full term at the rates quoted in the initial bid proposal, unless otherwise extended in writing by the City. Upon notice that the Work is ready for final inspection or acceptance, a City representative shall promptly cause an inspection to be made. Once City finds the Work acceptable under the Contract Documents, City shall promptly submit for processing a certificate for payment stating that, to the best of its knowledge, information and belief on the basis of its observation and inspection, the Work has been completed in a'ccordance with the terms and conditions of the Contract Documents and that partial payment or the entire balance due the Contractor is payable. Final payment shall not become due until the Contractor submits to the City all required lien waivers, releases and any other data establishing payment or satisfaction of all Contractor's obligations. If any subcontractor refuses to furnish a release or waiver required by City, Contractor may furnish a bond to indemnify City against any such lien. If any such lien remains unsatisfied after all payments are made, Contractor shall refund to City all monies that the latter may be compelled to pay in discharging such liens:; including all costs and reasonable attorney fees. 3. CONTRACT TERM:_ The Term of this Agreement begins November 15, 2022 with a completion date of March 15, 2023. This provision does not limit the liability of Contractor for actual damages sustained by City as a result of any breach-of contract or warranty by Contractor. Extensions may be approved at times as the Parties mutually deem fit. 4. LABOR AND MATERIALS: Unless otherwise provided in the Contract Documents, Contractor shall provide, pay for and insure under the requisite laws and regulations all labor, materials, equipment, tools and machinery, water, heat, utilities, transportation, other facilities and services necessary for the proper execution and completion of the Work, whether temporary or permanent, and whether or not incorporated or to be incorporated in the Work. 5. INSPECTIONS AND QUALITY OF WORK: Contractor understands and agrees that inspection of the Work performed hereunder will occur by City. Contractor agrees that City will have the exclusive right to determine, in its sole discretion, whether the Work has been performed in accordance with the Contract Documents. Contractor further agrees to make such corrections to the Work as may be directed by City to conform to said Contract Documents without requirement of a change order or any additional charge or cost to City whatsoever. 6. WARRANTY: Contractor shall guarantee the Work against defective workmanship or materials for a period of ton (10) years on the manufacturer warranty for restoration services from the date of its final acceptance under the contract, ordinary wear and tear and unusual abuse or neglect excepted. Any omission on the part of City to condemn defective work or materials at the time of construction shall not be deemed an acceptance and Contractor will be required to correct defective work or materials at any time before final acceptance. Within one (1) year from the date of final acceptance due to faults in workmanship or materials, Contractor shall begin making the necessary repairs to the satisfaction of City within fourteen (14) calendar days of receipt of 2 written notice from City. Such work shall include the repair or replacement of other work or materials damaged or affected by making the above repairs or corrective work all at no additional cost to City. In the case of Work materials or equipment for which warranties are required by the special provisions of the Contract Documents, Contractor shall provide or secure from the appropriate subcontractor or supplier such warranties addressed to and in favor of City and deliver same to City prior to final acceptance of the Work. Delivery of such warranties shall not relieve Contractor from any obligation assumed under any other provision of the contract. The warranties and guarantees provided in this subsection shall be in addition to and not in limitation of any other warrantees, guarantees or remedies required by law, and shall survive the expiration of this Agreement for the time period mentioned above. 7. TAXES: Contractor shall pay all license, sales, consumer, transaction privilege, use and other similar taxes for the Work or portions thereof provided by Contractor which are legally enacted at the time bids are received whether or not yet effective or subsequently applicable due to acts of jurisdictions or bodies other than City. 8. PERMITS & FEES: Unless otherwise provided in the Contract Documents, Contractor shall secure and pay for all permits, government fees, licenses and inspections necessary for the proper execution and completion of Work which are customarily secured after execution of the contract and which are legally required. Contractor shall give all notices and comply with all laws, ordinances, rules, regulations and lawful orders of any public authority bearing on the performance of the Work. City permits for this Work will be provided to Contractor at no cost. Contractor represents and warrants that any license necessary to perform the Work under this Agreement is current and valid. Contractor understands that the activity described herein constitutes "doing business in the City of Apache Junction" and Contractor agrees to obtain a business license pursuant to Chapter 8 of the Apache Junction City Code, Vol. 1, and keep such license current during the term of this Agreement and after termination of this Agreement any time work is performed pursuant to the warranty provisions set forth in Section 6. Contractor also acknowledges that the tax provision of the Apache Junction Tax Code, Chapter 8A, may also apply and if so, shall obtain a transaction privilege license and/or other licenses as may be required by the city code. Any activity by subcontractors within the corporate city limits will invoke the same licensing regulations on any subcontractors, and Contractor ensures Its subcontractors will obtain any and all applicable licenses. Further, Contractor agrees to pay all applicable privilege and use taxes that are applicable to the activities, products and services provided under this Agreement. 9. INDEPENDENT CONTRACTOR:Contractor shall at all times during Contractor's performance of the services retain Contractor's status as an independent contractor. Contractor's employees shall under no circumstances 3 be considered or held to be employees or agents of City, and City shall have no obligation to pay or withhold state or federal taxes or provide workers' compensation or unemployment insurance for or on behalf of them or Contractor. Contractor shall supervise and direct the delivery of the materials using its best skill and attention. Except as provided in this Agreement, Contractor shall be solely responsible for all construction means, methods, techniques, sequences and procedures, and for coordinating all portions of the Work required by the Contract Documents. Contractor shall be responsible to City for the acts and omissions of its employees, subcontractors and their agents and employees and other persons providing any of the materials under any contract document. 10. SUPERINTENDENT:- Contractor shall employ a competent project superintendent who shall be in attendance at the project site during the progress of the Work. The superintendent shall represent and be the community agent of Contractor and communications given to the superintendent shall be as binding as if given to Contractor. Important communications shall be confirmed in writing. The designated superintendent shall be designated for each project and communicated to City before work is performed. 11. PROGRESS SCHEDULE: Contractor shall, immediately after entering into this Agreement, generate an estimated progress schedule, which shall be maintained and updated during the project. Work may progress during regular City business hours only if it is determined by City not to disturb normal operations. 12. INDEMNIFICATION: To the fullest extent permitted by law, Contractor shall defend, indemnify and hold harmless City, its elected and appointed officers, officials, agents, and employees from and against any and all liability including but not limited to demands, claims, actions, fees, costs and expenses, including attorney and expert witness fees, arising from or connected with, or alleged to have arisen from or connected with, relating to, arising out of, or alleged to have resulted from the acts, errors, mistakes, omissions, Work or services of Contractor, its agents, employees, or any tier of Contractor's subcontractors in the performance of this Agreement, but only to the extent caused by the negligence, recklessness or intentional wrongful conduct of Contractor or its subcontractors in the performance of this Agreement or any subcontract. Contractor's duty to defend, hold harmless and indemnify City, its special districts, elected and appointed officers, officials, agents, and employees shall arise in connection with any tortious claim, damage, loss or expense that is attributable to bodily injury, sickness, disease, death, or injury to, impairment, or destruction of property including loss of use resulting therefrom, caused by an Contractor's acts, errors, mistakes, omissions, work or services in the performance of this Agreement Including any employee of Contractor, any tier of Contractor's subcontractor or any other person- for whose acts, errors, mistakes, omissions, Work or services Contractor may be 4 legally liable. The amount and type of insurance coverage requirements set forth herein will in no way be construed as limiting the scope of the indemnity in this paragraph. 13. SUBCONTRACTORS: All subcontractors chosen by Contractor will be subject to City's approval. All subcontractors shall be identified by Contractor prior to award of contract. Contractor shall make no substitutions for any subcontractor, person or entity previously selected without the approval of City. 14. APPLICABLE LAW AND VENUE: The terms and conditions of this Agreement shall be governed by and interpreted in.accordance with the laws of the State of Arizona. Any action at law or in equity brought by either Party for the purpose of enforcing a right or rights provided for in this Agreement, shall be tried in a court of competent jurisdiction in Pinal County, State of Arizona. The Parties hereby waive all provisions of law providing for a change of venue in such proceeding to any othercounty. In the event either Party shall bring suit to enforce any term of this Agreement or to recover any damages for and on account of the breach of any term or condition in this Agreement, it is mutually agreed that the prevailing Party in such action shall recover all costs Including: all litigation and appeal expenses, collection expenses, reasonable attorney fees, necessary witness fees and court costs to be determined by the court in such action. 15. INSURANCE: Contractor, at its own expense, shall purchase and maintain the herein stipulated minimum insurance with companies duly licensed, possessing a current A.M. Best, Inc. Rating of B++6, or approved unlicensed in the State of Arizona with policies and forms satisfactory to City. All insurance required herein shall be maintained in full force and effect until all Work or service required to be performed under the terms of the Agreement is satisfactorily completed and formally accepted; failure to do so may, at the sole discretion of City, constitute a material breach of this Agreement. Contractor's insurance shall be primary insurance as respects the City, and any insurance or self-insurance maintained by City shall not contribute to it. Any failure to comply with the claim reporting provisions of the Insurance policies or any breach of an insurance policy warranty shall not affect coverage afforded under the insurance policies to protect City. The insurance policies, except Workers' Compensation, shall contain a waiver 'of transfer rights of recovery (subrogation) against City, its agents, officers, officials and employees for any claims arising out of Contractor's acts, errors, mistakes, omissions,Work or service. 5 The insurance policies may provide coverage which contains deductibles or self-insured retentions. Such deductible and/or self-insured retentions shall not be applicable with respect to the coverage provided to City under such policies. Contractor shall be solely responsible for the deductible and/or self-retention and City, at its option, may require Contractor to secure payment of such deductibles or self-insured retentions by a surety bond or an irrevocable and unconditional letter of credit. City reserves the right to request and to receive, within ten (10) working days, certified copies of any or all of the herein required insurance policies and/or endorsements. City shall not be obligated, however, to review same or to advise Contractor of any deficiencies in such policies and endorsements, and such receipt shall not relieve Contractor from, or be deemed a waiver of, City's right to insist on strict fulfillment of Contractor's obligations under this Agreement. The insurance policies, except Workers' Compensation and Professional Liability, required by, this Agreement, shall name City, its agents, officers, officials and employees as Additional Insureds. REQUIRED COVERAGE Commercial General Liability Contractor shall maintain Commercial General Liability insurance with a limit of not less than $1,000,000 for each occurrence with a $2,000,000 Products/Completed Operations Aggregate and a $2,000,000 General Aggregate limit. The policy shall include coverage for bodily injury, broad form property damage, personal injury, products and completed operations and blanket contractual coverage including, but not limited to, the liability assumed under the indemnification provisions of this Agreement, which coverage will be at least as broad as that on Insurance Service Office, Inc. Policy Form No. CG 00011093, or the equivalent thereof. Such policy shall contain a severability of interest provision and shall not contain a sunset provision or commutation clause, nor any provision which would serve to limit third party action over claims. The Commercial General Liability additional insured endorsement shall be at least as broad as the Insurance Service Office, Inc.'s Additional Insured, Form B, CG 20101185, or the equivalent thereof, and shall include coverage for Contractor's operations and products and completed operations. If required by this Agreement, if Contractor sublets any part of the Work, ,services or operations, Contractor shall purchase and maintain, at all times during prosecution of the Work, services or operations under this Agreement, an Owner and Contractor's Protective Liability insurance policy for bodily injury 6 and property damage, including death, which may arise in the prosecution of Contractor's work, service or operations under this Agreement. Coverage shall be on an occurrence basis with a limit not less than $1,000,000 per occurrence, and the policy shall be issued by the same Insurance company that issues Contractor's Commercial General Liability insurance. Automobile Liability Contractor shall maintain Commercial/Business Automobile Liability insurance with a combined single limit for bodily injury and property damage of not less than $1,000,000 each occurrence with respect to Contractor's owned, hired, and non-owned vehicles assigned to or used in performance of Contractor's work. Coverage will be at least as broad as coverage code 1, "any auto", (insurance Service Office, Inc. Policy Form CA 00011293, or the equivalent thereof). Such insurance shall include coverage for loading and off-loading hazards. If hazardous substances, materials or wastes are to be transported, MCS 90 endorsement shall be included and $5,000,000 per accident limits for bodily injury and property damage shall apply, Workers' Compensation Contractor shall carry Workers' Compensation insurance to cover obligations imposed by federal and state statutes having jurisdiction of Contractor's employees engaged in the performance of the Work or services; and Employer's Liability insurance of not less than $100,000 for each accident, $100,000 disease for each employee, and $500,000 disease policy limit. By execution of this Agreement, Contractor certifies as follows: "I am aware and understand the provisions of A.R.S. § 23-900 et seq. which requires every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of this chapter, and I will comply with such provisions before commencing the performance of the Work of this Agreement." If Contractor has no employees for whom Workers' compensation insurance is required, Contractor shall submit a declaration or affidavit to City so stating and covenanting to obtain such insurance if and when Contractor employs any employees subject to coverage. In case any work is subcontracted, Contractor will require subcontractors to provide Workers' Compensation and Employer's Liability insurance to at least the same extent as required of Contractor. Certificates of Insurance Prior to commencing work or services under this Agreement, Contractor shall furnish City with Certificates of Insurance, or formal endorsements as required by the Agreement, issued by Contractor's insureds), as evidence that policies providing the required coverages, conditions and limits required by this Agreement are in full force and effect. The form of the certificates of insurance and endorsements shall be subject to the approval of the Apache Junction City Attorney's Office, shall comply with the terms of this Agreement, and shall be issued and delivered to City Attorney, City of Apache Junction, 300 East Superstition Boulevard, Apache Junction, AZ, 85119. In the event any insurance policies required by this Agreement are written on a "claims made" basis, coverage shall extend for two (2) years past completion and acceptance of Contractor's Work or services and as evidenced by annual 'Certificates of Insurance. If a policy does expire during the life of the Agreement, a renewal certificate must be sent to City thirty (30) calendar days prior to the expiration date. All Certificates of Insurance shall be identified with bid serial number and title. Policies or certificates and completed forms of City's Additional Insured Endorsement(or a substantially equivalent insurance company form acceptable to the City Attorney) evidencing the coverage required by this section shall be filed with the City and shall include the City as an additional insured. The policy or policies shall be In the usual form of a public liability insurance, but shall also include the following provision: "Solely as respects work done by or on behalf of the named Insured for the City of Apache Junction, it is agreed that the City of Apache Junction and its officers and employees are added as additional insureds under this policy." Insurance required herein shall not expire, be canceled, or materially changed without thirty(30) calendar days' prior written notice to City. 16. CHANGE ORDERS: A change order is a written order to Contractor, approved by a City representative, issued after execution of this construction agreement authorizing a change in the Work or an adjustment In the construction agreement sum or the construction agreement time. A change order signed by Contractor indicates his agreement therewith. City may, without invalidating this construction agreement, order changes in the Work within the general scope of this construction agreement consisting of additions, deletions or other revisions, the construction agreement sum and the construction agreement being adjusted accordingly. All such changes in the Work shall be authorized by Change Order and shall be performed under the applicable conditions of this construction agreement. City representative shall have authority to order minor changes in the Work not involving an adjustment in 8 the construction agreement sum or extension of construction agreement time and not inconsistent with the intent of this construction agreement. All such changes shall be effected by written order and shall be binding upon City and Contractor. All change order disagreements of the Contractor shall be submitted in writing to the City Manager within five (5) calendar days after the difference of opinion or grievance occurs. Within five (5) calendar days of receiving a written grievance, the City Manager shall respond in writing to the Contractor and city staff representative. The City Manager's decision shall be final and binding. 17. SUCCESSORS, ASSIGNMENT & DELEGATION: City and Contractor each bind themselves, their partners, successors, assigns and legal representatives to the other Party hereto and to the partners, successors, assigns and legal representatives of such other Party in respect to all covenants, agreements and obligations contained in the contract documents. Neither Party to the contract shall assign the contract or sublet it as a whole or delegate the duties hereunder, without the written consent of the other, nor shall Contractor assign any monies due or to become due to it without the previous written consent of City. 18. WRITTEN,NOTICE: Written notice shall be deemed to have been duly served if delivered in person to the individual or member of the firm or entity, or to an office of the corporation for whom it was intended or if delivered at or sent registered or certified mail, return receipt requested, and first-class postage prepaid to the last business address known to them who gives the notice. 19. CLAIMS FOR DAMAGES: Should either Party to the contract suffer injury or damage to personal property because of any act or omission of the other Party or of their employees or agents for whose acts they are legally liable, claims shall be made in writing to such other Parties within a reasonable time after the first observance of such injury or damages. 20. SAFETY: Contractor and/or its subcontractors shall be solely responsible for job safety at all times. 21. RIGHTS & REMEDIES: The duties and obligations imposed by the Contract Documents and the rights and remedies available hereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. No action or failure to act by City or Contractor shall constitute a waiver of any right or duty afforded any of them under the contract, nor shall any action or failure to act constitute an approval of or an acquiescence to any breaches hereunder except as may be specifically agreed to in writing. 22. 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 blo-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. 23. TERMINATION: A. TERMINATION BY CITY: City shall be permitted to terminate this Agreement if in the discretion of the city manager or his or her designee, believes Contractor has failed to meet the terms of this Agreement. City shall provide Notice of Termination to Contractor by Certified U.S. Mail ten (10) calendar days before such termination takes effect. B. TERMINATION BY CONTRACTOR: Contractor may terminate this Agreement if City falls to make payment as agreed upon in this document. Any other termination will be deemed a breach of contract by Contractor. Contractor shall provide Notice of Termination to City by Certified U.S. Mail ten (10) calendar days before such termination takes effect. 24. 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 10 Agreement and shall make such records available during that retention period for examination or audit by City personnel during regular business hours. 25. 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. 26. ENTIRE AGREEMENT: This Agreement and any attachments represent the entire agreement between City and Contractor and supersede all prior negotiations, representations or agreements, either express or implied, written or oral. It is mutually understood and agreed that no alteration or variation of the terms and conditions of this Agreement shall be valid unless made in writing and :signed by the Parties hereto. Written and signed amendments shall automatically become part of the supporting documents, and shall supersede any inconsistent provision therein; provided, however, that any apparent inconsistency shall be resolved, if possible, by construing the provisions as mutually complementary and supplementary. 27. SEVERABI-LITY: City and Contractor each believe that the execution, delivery and performance of this Agreement are in compliance with all applicable laws. However, in the unlikely event that any provision of this Agreement is declared void or unenforceable (or is construed as requiring City to do any act in violation of any applicable laws, including any constitutional provision, law, regulation, or city code), such provision shall be deemed severed from this Agreement and this Agreement shall otherwise remain in full force and effect; provided that this Agreement shall retroactively be deemed reformed to the extent reasonably possible in such a manner so that the reformed agreement (and any related agreements effective as of the same date) provide essentially the same rights and benefits (economic and otherwise) to the Parties as if such severance and reformation were not required. Unless prohibited by applicable laws, the Parties further shall perform all acts and execute, acknowledge and/or deliver all amendments, instruments and consents necessary to accomplish and to give effect to the purposes of this Agreement, as reformed. 28. 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. 29. CONFLICT OF INTEREST: The provisions of A.R.S. § 38-511 relating to cancellation of contracts due to conflicts of interest shall apply to this contract. 11 30. PROHIBITION TO CONTRACT WITH CONTRACTORS WHO ENGAGE IN BOYCOTT OF THE STATE OF ISRAEL: The Parties acknowledge A.R.S. §§ 35-393 through 35-393.03, as amended, which forbids public entities from contracting with Contractors who engage in boycotts of the State of Israel. Should Contractor under this Agreement engage in any such boycott against the State of Israel, this Agreement shall be deemed automatically terminated by operation of law. Any such boycott Is a material breach of contract. 31. COMPLIANCE WITH FEDERAL AND STATE LAWS: Contractor understands and acknowledges the applicability of the American with Disabilities Act, the Immigration Reform and Control Act of 1986 and the Drug Free Workplace Act of 1989 to the services performed under this Agreement. As required by A.R.S. § 41-4401, Contractor hereby warrants its compliance with all federal immigration laws and regulations that relate to its employees and A.R.S. § 23-214(A). Contractor further warrants that after hiring an employee, Contractor will verify the employment eligibility of the employee through the E- Verify program. If Contractor uses any subcontractors in performance of services, subcontractors shall warrant their compliance with all federal immigration laws and regulations that relate to its employees and A.R.S. § 23- 214(A), and subcontractors shall further warrant that after hiring an employee, such subcontractor verifies the employment eligibility of the employee through the E-Verify program. A breach of this warranty shall be deemed a material breach of the Agreement that is subject to penalties up to and including termination of this Agreement. Contractor is subject to a penalty of $100 per day for the first violation, $500 per day for the second violation, and $1,000 per day for the third violation. City at its option may terminate this Agreement after the third violation. Contractor shall not be deemed in material breach of this Agreement if the Contractor and/or subcontractors establish compliance with the employment verification provisions of Sections 274A and 274B of the federal Immigration and Nationality Act and the E-Verify requirements contained in A.R.S. § 23-214(A). City retains the legal right to inspect the papers of any Contractor or subcontractor employee who works under this Agreement to ensure that the Contractor or subcontractor is complying with the warranty. Any inspection will be conducted after reasonable notice and at reasonable times. If state law is amended,the Parties may modify this paragraph consistent with state law. IN WITNESS WHEREOF the Parties hereto have caused this Agreement to be signed by their duly authorized representative as of this day of 20_. 12 RIDDLE PAINTINGCOATINGS CORPORATION, car oration Its '. CITY: CITY OF APACHE JUNCTION, _ I an Arizona rt l I corporation By: alter" h ' Aeon Its: M r -Pena -- City Clerk FORM:APPROVED AS TO Richard J. Stern City Attorney STATE OF Y1 County ofmad*12 r lsubs _ this y of 2022, Y _m:m:: of Riddle Painting tiro r oration, an Arizonacorporation, a� Notaryll y Commission Expires: PATRICIAL SMIDT Notary Pubfic-Auzona Maftop county Co y i March is, STATE ) as. COUNTY OF FINAL The foregoing was subscribedsworn to beforethis day of 2022, y Walter"Chip"Wilson, as Mayor of the City of Apache Junction, Arizona, an Arizonamunicipal corporation, t lip y is Expires: 1 EXHIBIT A 15 '�NRKilldd>le a Painting tin s 4010 North _27th AvenuePhoenix,Arizona 85017, : - .Fax: a Apache Junction Police Station T ; City of Apache Junction Exterior Weatherization ` Ave. 10018 Idaho Rd. Apache Jun ire Arizona 85119 Apache Junction,Arizona 85119 ATTN. Larry Dewitt Idewitt aache° iarar 480.797.3437 ATE: _ ee les , r9/16/22 . _, Ik SECTIONS; J:Co�atln Alternates: N/A SCOPE. Remove and replace existing sealants and backer rod at all expansion and construction joints,windowframes and door frames and seal all penetrations. Grind concrete can patio,reseal patio and apply epoxy coatingin color TBD. Pressure wash/clean exterior of buildingto a`are for coatings. Prep and seal CMU walls,back sides f with Rain Guard block lock. ` Prep` and paint HM doors,iHM frames,l- ea s,Wl fencing and handralls. EXC LU ES a s,it teri rs _.. is _ metals,parking cartdpies r any other painting a m_w coatings not In the above scope of work. NOTES: Bid for normal workdays .� and nark hours.There is a 10 year�W.warranty.u.on the dearSubmitted BY:[EdddiL, .. .. Serne r t RIDDLE I T 1 COATINGS,Co. At"'it+d Larry Dewitt 4010 M 27th Ave Phone: 480J97,3437 Phoenix,AZ,85017 Date 08/1/22 Phcsne:(602)277-3461 Pax:(602)266-8470 Fax/E-mall:i2.e sdrrltta!;x v at Prepared by: Eddie Serna ..... h C)HAVECOgLRk7.2taAnRiddle tl4 MOHAVE BIB _ MUnit Prim it ne 8i Product 5 zb Strai tt Coats UR Spray SpP,�LP. Total FAR A•2 _........,....., '. m@�bk-Gak[1Oyrwye-mi§xnSra€3 ,.. Cd+WAl9 2 ..,._._._._. .. ,__tt$1,43 _,�.�. ., 1920f3 ,:527,956.tJt3 :45.9 A'2 Stueca � _-. ......w.._„„,.$0,44. 32t7Cs .. $1,408,0 3 $0.00 _ W$0.00 S0.00 $0.00 SO-00 aae za xac u. �a Aa Wa wra lcokr a=sPaRmr l G 00 t tN Metal CRJ � Z $120,OC _ AOPQ __. . $2$Q8244Qf9.,iOtwt m $0,10 22 kc 0,00t ConreteJhetal C}�. Metal 2 $6,25 2QQ $1.254<t}0 wrs ra metal _.2 v 700 __ 60 — $42CtOO Ell Tn - Saab&Bcamx _ MRetat 2 $S.t10 _.... 335 $2,6PS.00' raz zsxn vrx CR�U/Metal 1 _.$6,00 1940 $11, .00 $(100 $0 00 00 $0,00 $0,00 $t 00 $0,00 ._.m. ._w... ._, h+Sen Gays State Fate � Yatal FFtsreman _ Lodgsr* 1CFQ $Ca.Qq rarean _ leek oath Unit Price Total E�01�AF3 SC3sftrOti4 Prepare Oy: Eddie Sere Taxable Amount $60,32130 Sales Tau 0,00% $0,00 Subtotal $60,321, 0 Bond* 2.SS% $0,00 Bonds are optional, Performance and Payment bonds are available upon request Con ingenty Monies $0,00 and are charged to the member. project TOW W 321,30 City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No. 11. File ID: 22-760 Sponsor: Heather Hodgman Agenda Date: 12/6/2022 Index: In Control: City Council Meeting Presentation and discussion on entering into an agreement with Southern Counties Oil Corporation, DBA SC Fuel, in the amount of$800,000.00 for one year, with the option to renew for up to four additional one-year periods. City of Apache Junction,Arizona Page 1 Printed on 1113012022 t Public Works Department el,+orela J�a� Home of the Superstition Mountains Date: November 22, 2022 To: Mayor and Members of the City Council Through: Bryant Powell, City Manager Mike Wever, Public Works Director From: Heather Hodgman, Administrative Services Manager Subject: Bulk Fuel RFP 22-36 The city issued a Request for Proposal (RFP)for bulk fuel on August 11, 2022 and received two (2) nonresponsive and non-responsible responses. On September 20, 2022, city council approved the rejection of all proposals. On October 26, 2022 city released the second RFP and on November 9, 2022, the city received three (3) responses. Southern Counties Oil Co, DBA SC Fuels • .4746/gal- Red Dyed Diesel • .3046/gal- Clear Diesel • .2195/gal- Unleaded • .2186/gal- E55 Pinnacle Petroleum, Inc • .3865/gal- Red Dyed Diesel • .4947/gal- Clear Diesel • .3634/gal- Unleaded • .6681/gal- E55 Petroleum Traders Corp. • .2267/gal- Red Dyed Diesel • .3067/gal- Clear Diesel • .1808/gal- Unleaded • .2808/gal- E55 Staff respectfully requests entering into an agreement with Southern Counties Oil Company, dba SC Fuels for$800,000 for 1 year with an option to renew for 4 additional years. 575 E. Baseline Avenue, Apache Junction,AZ 85219 • Voice (480) 982-1055 • FAX (480) 983-5752 or (480) 982-8005 i I r �# } is it tryry. Wi 4 i', ,.��,.. 1 ,It,rn•., §3 ,�.f.i r,: i�ttt :n fr'}Ir.. ,) f; .. }� l.: t r.tt�-.,. t �,tf., F t, a`. x I w r II � x BACKGROUND August 11, issues22 City 1st Request for Proposals ( RFP's) 06 • responses Received 2 7 Nan-Responsive and Non-Responsible ` � ' : 2U, rejection of all September Council approved bid, V6 REQUEST FOR PROPOSALS L C ,er , 26, 2022 City issut:j.. 2ndtobRequest for Proposals �j7VFP,S November 2022 City received 3 RFP responses • .!�out'hern 'Counties Oil Co. dba SC Fuels Pinnacle' Petrole' um, Inc. Ak, Retraleum Traders w w 4, w� Y� Conclusion Mmends Staff reco ' entering into an agreement with Southern Counties Oil rdba ,SC,Fuels for $80, 00 for 1 year with an option torenew for 4 1 10 af n years. AGREEMENT FOR BULK FUEL BETWEEN THE CITY OF APACHE JUNCTION AND SOUTHERN COUNTIES OIL COMPANY DBA SC FUEL THIS AGREEMENT is made and entered into by and between the CITY F APA HE JUNCTION ("'City"'), an Arizona municipal corporation, and SOUTHERN COUNTIES OIL COMPANY IBA SC FUELS, a California Limited Partnership ("Contractor"), who shall be collectively referred -to as the "Parties", or individually as a"Party",for the projected entitled "Bulk Fuel." RECITALS A. Contractor responded to Ct 's request for proposal on November 9, 2022(the"RF " and response both being considered the"Contract Documents") via RFP No. P`W -36, in which Contractor asserts Its willingness, ability and qualifications to provide this work and service (hereinafter referred to as the "Work" : B. City desires to eater a written contract with Contractor based can Contractor's response. C. City and Contractor desire to set forth herein their respective responsibilities and the manner and terms upon which Contractor shall render the Work. D. City has complied with the public bidding requirements under Arizona Revised Statute Title 34 and Apache Junction City Code,Vol. I, Chapter 3 Administration, Article 3-7: Procurement Procedures. 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 fellows. 1, PROJECT DESCRIPTION: Contractor shall do and perform or cause to be done and performed in a good workmanlike manner,the Work in accordance with the Contract Documents as fully described in the Contract Documents,and which includes all required specifications in Exhibit A. All deliveries shall occur within one city workday after receipt of a telephonic order as specified in the RFP, 2. PRICES Prices shall be governed under Exhibit A for the performance of the Work under the Contract Documents. 3. PAYMENTS: Payment shall be made by the City within thirty(30) calendar days after completion and acceptance of the fuel products} Total annual amount of this Agreement shall not exceed Eight Hundred Thousand Dollars and No Cents ( $oo,000.00) 4. QUANTITY: All "un uaranteedl"quantities stated in the Agreement are subject to adjustment as dictated by the City requirements. Guaranteed quantities at variance with stated bid quantities may be purchased as required during the term,of the Agreement. 5. CONTRACT TERM:-The Term of this Agreement shall be performed from January 1 2023 through December 31, 2023. The City of Apache Junction has the option to renew the Contract for four(4) additional one-year periods if mutually agreeable in writing by the Parties. if the contract is renewed,the total length of the contract shall not exceed five (5)years from the original elate o award of Contract. The city reserves the right to unilaterally extend any of the erne-year(1)periods by thirty-one 1 days. This provision does not limit the liability of the Contractor for actual damages sustained by the City as a result of any breach of contract or warranty by the Contractor. C. LABOR AND MATERIALS:: unless otherwise provided in the contract documents,Contractor shall provide,pay and insure under the requisite laves and regulations for all labor, materials, equipment, tools and machinery, utilities, transportation other facilities and services necessary for the proper execution and completion of the Work whether temporary or permanent,and whether or not incorporated or to be incorporated in the Work. 7. TAXES: Contractor shall pay all license, sales, consumer, use and other similar taxes for the Work or portions thereof provided by Contractor which are legally enacted at the time bids are received whether or not yet effective or subsequently applicable due to acts of jurisdictions or bodies other*than City. 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 Article 8-2 of the Apache Junction City Code, Vol. 1, and keeps 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 fx Contractor also acknowledges that the tax provision of the Apache Junction Tax Code, Chapter 8A, may also apply and if 2 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 can any ubcontractors,and Contractor ensures its subcontractors will obtain any and all applicable licenses. Further, Contractor agrees to pay all applicable privilege and use taxes that are applicable to the activities, products and services provided under this Agreement. 9. INDEPENDENT CONTRACTOR: Contractor shall at all times during Contractor's performance of the services` retain Contractor's status as an independent Contractor. Contractor's employees shall under no circumstances be considered or held to be employees or agents of City, and City;shall have no obligation to pay or withhold state or federal taxes, or provide workers' compensation or unemployment insurance for or on behalf of them or Contractor. Contractor shall supervise and direct the delivery of the materials using Its best shill and attention. Except as provided in this Agreement, Contractor shall be solely responsible for all means, methods, techniques, sequences and procedures,and for coordinating all portions of the work required by the contract documents. Contractor shall be responsible to City for the acts and omissions of its employees: 10. INDEMNIFICATION: To the fullest extent permitted by law, Contractor shall defend, indemnify and hold harmless City, its elected and appointed officers, officials, agents, and employees from and against any and all liability including but not limited to demands, claims, actions, fees, casts and expenses, including attorney and expert witness fees, arising from or connected with or alleged to have arisen from or connected with, relating to, arising out of, or alleged to have resulted only from the negligent, intentional or reckless acts, errors, mistakes, omissions, Work or services of Contractor, its agents, employees, or any tier of ,Contractor's subcontractors in the performance of this Agreement. Contractor's duty to defend,hold harmless and indemnify City, its special districts, elected and appointed officers,officials,agents,and employees shall arise in connection with any tortious claim, damage, loss or expense that is attributable to bodily injury, sickness, disease, death, or injury to, impairment, or destruction of property including loss of use resulting therefrom, only caused, by a Contractor's negligent, intentional, or reckless acts, errors, mistakes, omissions, Work or services in the performance of this Agreement including any employee of Contractor, any tier of Contractor's subcontractor or any other person for whose acts, errors, mistakes, omissions, work or services Contractor may be legally liable: 11. ENFORCED DELAYS (FORCE MAJEURE): Neither City nor Contractor, as the case may be, shall be considered not to have performed its obligations under this Agreement in the event of enforced delay an "Enforced Delay") due to causes beyond its control and without its fault or negligence or failure to comply with applicable laws, including, but not restricted to, acts of God, fires, floods, epidemics, pandemics, quarantine,restrictions, embargoes, labor disputes, and unusually severe weather or the delays of subcontractors or materialmen due to such causes, acts of a public enemy, war,terrorism or act of terror(including but not limited to bio-terrorism or eco-terrorism), nuclear radiation,-blockade, insurrection, riot, labor strike or interruption, extortion, sabotage, or similar occurrence or any exercise of the over of eminent domain of any governmental body on behalf of any public entity, or a declaration of moratorium or similar hiatus (whether permanent or temporary) by any public entity directly affecting the Project. In no event will Enforced belay include any delay resulting from unavailability for any reason of labor shortages, or the unavailability for any reason of particular consultants,subcontractors,vendors or investors desired by Contractor in connection with the Project. Contractor agrees that Contractor alone will bear all risks of delay which are not Enforced Delay. In►the event of the occurrence of any such Enforced Delay, the time or times for performance of the obligations of the Party claiming delay shall be extended for a period of the Enforced Delay; provided, however, that the Party seeking the benefit of the provisions of this Section shall, within thirty (30) calendar days after such Party knows or should know of any such Enforced Delay, first notify the other Party of the specific delay in writing and claim the right to an extension for the period of the Enforced Delay; and provided further that in no event shalt. a period of Enforced Delay exceed ninety 90) calendar clays. 12. GOVERNING LAW AND VENUE. The terms and conditions of this Agreement shall be governed by and interpreted in accordance with the laws of the State of Arizona.Any action at law or in equity brought by either Party for the purpose of enforcing a right or rights provided for in this Agreement,shall be tried in a court of competent jurisdiction in Final County, State of Arizona: The(Parties hereby waive all provisions of law providing for a change of venue: in such proceeding to any other county. In the event either Party shall bring suit to enforce any term of this Agreement or to recover any damages for and on account of the breach of any term or condition in this Agreement it is mutually agreed that the prevailing party in such action shall recover all costs including: all litigation and appeal expenses, collection expenses, reasonable attorneys' fees, necessary witness fees and court costs to be determined by the court in .such action. 13. INSURANCE: Contractor, at its own expense, shall purchase and maintain the minimum insurance and ether additional requirements a forth herein. All insurance required herein shall be maintained in full force and effect until all work or service required to be performed under the terms of the Agreement is satisfactorily completed and formally accepted, failure to do so may, at the sole discretion of City constitute a material breach of this Agreement. Contractor's insurance shall be primary insurance as respect to City, and any insurance or self-insurance maintained by City shall not contribute to it. 4 Any failure tocomply with the claim reporting provisions of the insurance policies or any breach of an insurance policy warranty shell not affect coverage afford under the insurance policies to protect City. The insurance policies, except Workers' Compensation, shall contain waiver of transfer rights of recovery(subrogation)against City,its agents,officers,officials and employees for any claims arising out of Contractor's acts, errors, mistakes, omissions, work or services. The insurance policies may provide coverage which contains deductibles or self- insured retentions. Such deductible and/or self-insured retentions shall not be applicable with respect to the coverage provided to City under such policies. Contractor shall be solely responsible for the deductible and/or self-insured retention and City, at its option, may require;Contractor to secure payment of such deductibles or self-insured retentions by a Surety Bond or an irrevocable and unconditional letter of credit. City reserves the right to request and to receive within ten 10) working clays, 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 ity's right to insist can strict fulfillment of Contractor's obligations under this Agreement. The insurance policies, except Workers' Compensation, required by this Agreement, shall name City, its agent, officers, officials and employees as additional insured parties. REQUIRED COVERAGE Commercial General Liability Contractor shall maintain Commercial General Liability insurance with a limit of not less than $1,000,000 for each occurrence with a ; $2,000,000 Products/Completed Operations Aggregate and a$2,000,000 General Aggregate Limit, The policy shall include coverage for bodily injury, broad form property damage, personal injury, products and completed operations and blanket contractual coverage including, but not limited to,the liability assumed under the indemnification provisions of this Agreement which +cov+erarge will be at least as broad as Insurance: Service Office, Inc. Policy Form CC 00011= 3 or the equivalent thereof. In addition, automobile liability coverage of at least 1 million per occurrence or a combined single limit of at least$1,000,000 is required. The auto liability policy should contain endorsements for hired autos, non-owned autos and scheduled vehicles, as applicable to the Contractor's business. i • • i , • • r:.f ! a •.: •. • ! 1._ #.-. !.. a' !. !.•' is • a. ., ...•.. • • �. : .f.: _ • • * • * • i • . s • • � • • . ! • . • • • i i ! i , r r r ! 1 � # ! * s - i i1 ! r # . • • i1 1# # s • • # � : ! • s • s • ! - • # • • • i i # t t • • i.! • # •. a •. • r E 'i.. i. ,.i.... y: ;. '. .i. l,. !: • � t.: 1. • • • i • Certificates of Insurance shall be identified with bid serial number and title. Insurance required herein shall not expire, be canceled, or materially changed without thirty(30) calendar days' prior written notice to City. 14. SUCCESSORS, ASSIGNMENT & DELEGATION: City and Contractor each bind themselves,their partners,successors,assigns and legal representatives to the other party hereto and to the partners, successors, assigns and legal representatives of such other party in respect to all covenants, agreements and obligations contained in the contract documents. Neither party to the contract shall assign the: contract or sublet it as a whole or delegate the duties hereunder without the written consent of the other,nor shall Contractor assign any monies due or to become due to or to become due to it without the previous written consent of City. 15. WRITTEN NOTICE: Written notice shad be deemed to have been duly served if delivered in person to the individual or member of the firm or entity, or to an office of the corporation for whom it was intended or if delivered at or sent registered or certified mail, return receipt requested, and first class postage prepaid to the last business address known to them who gives the notice. 16. SAFETY Contractor and/or its subcontractors shall be solely responsible for job safety at all times. 17. RIGHTS& REMEDIES: The duties and obligations imposed by the contract documents and the rights and remedies available hereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available bylaw. 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. 18. TERMINATION OF CONTRACT: If, for any reason, Contractor shall fail to fulfill in a timely and proper manner his/her obligations under the contract, or if Contractor shall violate any of the covenants, agreements, or stipulations of the contract, City shall thereupon have the right to terminate the contract by giving at least twenty-four (24) hours written notice to Contractor of such termination and specifying the effective date thereof. If the contract is terminated by City as provided herein, Contractor will be paid for the time expended,products provided and expenses incurred tip to the termination date. Notwithstanding the above, Contractor shall not be relieved of liability to City for damages`sustained by City by virtue of any breach of the contract b Contractor. 7' 19. APPEALS. All contractual grievances shall be submitted in writing to City Manager within five(5) calendar days after the difference of opinion or grievance occurs relating to any of the provisions of the terms of this Agreement. Within five (5)calendar days of receiving a written grievance,the City Manager shall respond in writing to the company. The City Manager's decision shall be final and binding, subject only to a further appeal in the Pinal County Superior Court pursuant to A.R.S. §12-901, et seq. 20. RECORDS: records of Contractor's labor,payroll and other casts 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 three(3)years after termination of this Agreement, and shall make such records available during that retention period for examination or audit by City personnel during regular business hours. 21. 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. 2. ENTIRE AGREEMENT: This Agreement and any attachments represent the entire agreement between City and Contractor and supersede all prior negotiations, representations or agreements, either express or implied, written or oral. it is mutually understood and agreed that no alteration or variation of the terms and conditions of this Agreement shall be valid unless made in writing and signed by the parties hereto. Written and signed amendments shall automatically become part of the supporting documents, and shall supersede any inconsistent provision therein; provided, however, that any apparent inconsistency shall be resolved, if passible, by construing the provisions as mutually complementary and supplementary. 23. SEVERABILITY: City and Contractor each believe that the execution,delivery and performance of this Agreement are in compliance with all applicable laws. However, in the unlikely event that any provision of this Agreement is declared void or unenforceable (or is construed as requiring City to do any act in violation of any applicable laws, including any constitutional prevision, 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 passible in such a manner so that the reformed agreement (arid any related agreements effective as of the same date)provide essentially the same rights and benefits economic and otherwise) to the Parties as`if such severance and reformation were not required. Unless prohibited by applicable laws,the Parties further shall perform all acts and execute, acknowledge and/or deliver all amendments, instruments and consents necessary to accomplish and to give 8 effect to the purposes of this Agreement,as reformed. 24. 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 25. 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. 5. PROHIBITION TO CONTRACT WITH CONTRACTORS WHO ENGAGE IN BOYCOTT OF THE STATE OF I RAEL: The Parties acknowledge A.R.S. §§85-393 through 35-393.03,as amended, which forbids public entities from contracting with Contractors who engage in boycotts s of the State of Israel. Should Contractor under this Agreement engage in any such boycott against the State of Israel,this Agreement is automatically terminated. Any such boycott is a material breach of contract and will subject Contractor to monetary damages, including but not limited to consequential and liquidated damages. 27. 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. s required by A.R.S. § 1-4401, Contractor hereby warrants its compliance with all federal immigration laves and regulations that relate to its employees and A.R.S. § 23-214(A). Contractor further warrants that after hiring an employee, Contractor will verify the employment eligibility of the employee through the E- eri y program. If Contractor uses any subcontractors in performance f services, subcontractors shall warrant their compliance with all federal immigration laws and regulations that relate to its employees and A.R.S. § 23- 214(A),-and subcontractors shall further warrant that after hiring an employee, such subcontractor verifies the employment eligibility of the employee through the E-Verify program. A breach of this warranty shall be deemed a material breach of the Agreement that is subject to penalties up to and including termination of this Agreement. Contractor is subject to a penalty of 100 per day for the first violation, $500 per day for the second violation, and $1,008 per day for the third violation. City at its option may terminate this Agreement after the third violation. Contractor shall not be deemed in material breach of this Agreement if Contractor and/or subcontractors establish compliance with the employment verification provisions of Sections 274A and 274E of the federal Immigration and Nationality Act and the lE-V rift'requirements contained in A.R.S. 23-214(A). City retains the legal right to inspect the papers of any Contractor or subcontractor employee who works under this Agreement to ensure that Contractor or subcontractor is complying with the warranty. Any inspection will be conducted after reasonable notice and at reasonable times. If state law i amended,the Parties may modify this paragraph consistent with state law. 9 28. COOPERATIVE USE OF CONTRACT: City has entered into various cooperative purchasing agreements with,other Arizona government agencies, including the Strategic Alliance for Volume Expenditures "SAVE' cooperative. This contract may be extended for use by other municipalities, school districts and government agencies in the State of Arizona with the approval of Contractor. Any such usage by ether entities must be in accordance with the statutes, codes, ordinances, charter and/or procurement rules and regulations of the respective government agency. Orders placed by other agencies and payment thereof will be the sole responsibility of that agency. City shall not be responsible for any disputes arising out of transactions made by others. IN WITNESS WHEREOF the parties hereto have caused this Agreement to be signed by their duly authorized representative as of this day of } 20-. CONTRACTOR: SOUTHERN COUNTIES OIL COMPANY DBA SC FUELS, a California Limited Partnership By: x „v Title: CITY: CITY OF APACHE JUNCTION,an Arizona municipal corporation: By: Walter"Chi "Wilson Title. Mayor ATTEST. Jennifer Pena City Clerk 10 APPROVED AS TO FOR Richard J. Stern City Attorney STATE OF COUNTY OF } The foregoing was subscribed and sworn to before me this day of 0-, by as Of Southern Counties Oil Company, a California limited Partnership. Notarylic My Commission Expires: STATE OF ARIZONA ) ss. COUNTY OF PINAL } The foregoing was subscribed and sworn before me this day Of , 2t1_, by Walter"Chip" Wilson, as Mayor of the City of Apache Junction, Arizona, an Arizona municipal corporation. Notaryu lic My Commission Expires. 12 Exhibit A Exhibit A COSTPROPOSAL PROJECT NO. PW 22-36 Southern Counties tail Co. a California limited Partnership dba SC Fuels NAME:CONTACT Karen Koela 1800 W. K tella Ave., Suite 400, Grange; CA 92357 TELEPHONE- 714-744-7140 ext0 g fuelbids@scfuets.com For purposes of this"bid, e Bidder shalt use this Cost Proposal Form for the OPIS daily average for November The Bidder's signing of this form will attest to the pricing put forth on this form. The unit priceigallon as illustrated l shall include the OPISdaily average price discount or mark u (Differential),delivery carge(Freight),taxes,and other charges with the total differential overall. The unit pricelgallon shall be carried to 4 decimal laces as illustrated el Delivery accepted n y through Thursday t een the hours of 6:30 am an 4: a prn Sizes:Tank Red Dyedi rr : 2,000 Gallons Clear Dyed Diesel Tank:6,000 Gallons UnleadedFuel Tank: 10,000 llc s E55 FuelTank: 5,000 Gallons Location r i io al Differential reight Taxes Other Total n uar intee Charges Differential " u nttt 575 E Item 1 s 1-3,000 Includes Baseline Ave, gallons of Red 9.1 Apache Dyed Diesel Sales Tax Junction, Fuel -H47 , 0.061 0A396 0.021 0.4746 3511 Baseline Ave, 15,000 gallons Apache of Clear Diesel Junction,AZ Fuel a.6505 0.061. O.2731 9.621 .3046 3511 . 575 E Item 3:+t- Baseline Ave, 20,000 gallons Apachet Unleaded Junction, Fuel _.0519 O� 057`5 6.1 0.021 0.2195 'son 511 14 575 item 4: /- ; — i Baseline Ave, 20,000 gallons � ! Apache of E55 Fuel - , 51 �J 75 1 2 J nction, - Location Guarantee DifferentialFreight Taxes ' Sher02186 tal l� "Take or ay" Charges Differential u n .t 575E Item 1:6, 0 ncles i Baseline Ave, gallons of Red I% Apache Dyed Diesel ales T Junction,AZ Fuel 47 0.061 0.438 . 14 0.04669 4 8511 5 It+srn .4C},0 --- Baseline Ave, gallons of dear Apache Diesel Feel Junction,AZ ,0505 01061 0,2731 O 014 0,2976 85119 1 1 , 575E Item 3:80, Q I Baseline Ave, gallons of Apache Unleaded Fuel Junction,AZ -U519 0.0575 0.12 . 14 1.2125 8511 575 E Item 4: 10,0670— Baseline Ave, gallons of E55 Apache i Feel F Junction, A2 -0,0519 0,0575 01920 1 14 02116 85'11 1 Ironwood. Junction Delivery accepted Monday through Thursday betweenthe hours of 6-00 am to 4,00 (June to August) Delivery accepted Monday through h Friday between the hours of 5:30 am to 5:30 pm (August to June) Tank Sizes: Unleaded uelTank: , Gallons Red Dyed Diesel Tank: , Gallons Location Traditional Differential Freight "axes Other Total " n -arant e Charges Differential " ntlt 2535 S Item 1, /-6,960 Ironwood, gallons of Apache Unleaded Fuel Junction,AZ 85119 255 S Item 2:Ironwood, 70,696 gallons Apache c e erJ d Junction,AZ diesel fuel 55119 Location Guarantee Di ere tial Freight Taxes Other Total "Take r Charges Differential y11 ant t 26 5 S Item 1; 6,000 Ironwood, gallons Apache Unleaded Junction, Fuel AZ 65119 35 S Item 2: Ironwood, 0, 9 Apache gallons of .Junction, Red Dyed 1 Z 85119 1 Diesel Fusel Signature Edward A. Wond rcgem Title CFO, Treasurer; and VP Printed J City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No. 12. File ID: 22-757 Sponsor:Tess Nesser Agenda Date: 12/6/2022 Index: In Control: City Council Meeting Direction to staff related to Apache Junction City Code, Volume I, Section 2-15, Industrial Development Authority, regarding feasibility of dissolution of this body due to lack of activity. This item appeared on the agenda for the city council meeting on November 1, 2022, where it was decided to save the discussion for a later date. City of Apache Junction,Arizona Page 1 Printed on 1113012022 City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No. 13. File ID: 22-749 Sponsor:Jennifer Pena Agenda Date: 12/6/2022 Index: In Control: City Council Meeting Executive Session at 6:00 PM for Monday, December 19, and Tuesday, December 20, 2022, 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 1113012022 CITY COUNCIL MEETING ROLL CALL ate: f ` 0— Work Study Regular Special S: E: S:TO I E: 'V S: E: CITY COUNCIL: Present Ablexcu Present AbJexcu Present Ab/excu MAYOR WILSON VICE MAYOR RIZZI m COUNCILMEMBER EVANS _. .� � COUNCILMEMBER HECK COUNCIL EMBER JOHNSON C®UNCILMEMBER NESSER COUNCILMEMBER SCHROEDER TOTAL } CITY STAFF: Present Ablexcu present Ablexcu Present AbJexcu City Manager Bryant Powell Assistant City Manager Matt Busby -------- - - --- - City Clerk Jennifer Pena City Attorney Joel Stern Assist to City Manager Anna McCray Public Information Officer Al Bravo { Public Safety Director Michael Pooley Dev Services Director Rudy Esquivias PW Director Michael Wever Parks& Rec Director Liz Langenbach ED Director Patrick Ainsworth Library Director Pam Harrison Finance Director Leslie DeReche HR Director Interim Anna McCray Water District Director Mike Loggins ------------ ----------------- Municipal Judge A. Doug LaSota OTHERS: Deputy City Clerk Evie McKinney Int.Planning Manager Sidney Urias Building&Safety Mngr Adrian Alegria Senior Planner v ------ ---- -------- -- Planner Kelsey Schattnik ------------ Associate Planner Nick Leftwich ------ --------- ----------- PW Project Engineer Raquel Schatz City Engineer Emile Schmid tier -\Te n'i,plates& i`oriais\Roll Call -City:w;OMI it 't,ttendance.docx City of Apache Junction, Arizona Meeting location: r� City Council Chambers *"m i at City Hall Agenda .. Final 300 E.Superstition Blvd Apache Junction,AZ City Council Meeting 85119 apachejunctionaz.gov Ph:(480)982-8002 Tuesday,December 6,2022 7:00 PM City Council Chambers A. CALL TO ORDER B. INVOCATION L C. ROLL CALL D. CONSENT AGENDA The council may,:at this time, take single action on any or all items listed as consent agenda items, These may include, but are not limited to, acceptance of agenda, acceptance of minutes, appointments, acceptance of resignations and adoption of certain resolutions and other items which do not require a public hearing. The consent agenda is a timesaving device of which the mayor and city council is to receive documentation on these items from the city manager for their review prior to the meeting. Any member of the council may remove any item from the consent agenda for discussion and cause a separate vote on the matter later in the agenda. 1. 22-744 Consideration of acceptance of agenda. , g sons, Jennifer Pena 2. 22-74 a Consideration of approval of minutes of the regular meeting of November 15, 2022. ,gp r sors: Jennifer Pena Attachments: CCMIN 2022.E115MONUTES 2. 2-767 Consideration of approval on award of contract to Viasun Corporation for Project HFS22-34, Asphalt Crushing and Screening Services. This service contract is in partial fulfillment of the Fiscal Year 203 Capital Improvement&Street Maintenance Plan, and will be done through the Pinal County Cooperative Job Order Contract No.175623 for a total amount not to exceed $156,046,02,This item was presented and discussed at the city council meeting held November 15, 2022. sponsors: Shane Kiesow Attachments: Staff Memo-HFS22-34 Award RS 6Qec2022 HFS22-34 A�nt-iliastsn AWARDS,E. 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. City of Apache Junction,Arizona Page i Printed on 12/212022 City Council Meeting Agenda-Final December 6,2022 F. REGIONAL INTERGOVERNMENTAL UPDATES The mayor or any member of council may at this time present a brief summary of any regional intergovernmental updates. However, no discussion shall take place on such items except for clarifying comments related to substance, time and location. . 22-746 Brief summary of intergovernmental updates from mayor and councilmembers. Sponsors: Chip Wilson G. CITY MANAGER'S REPORT The city manager, members of city staff or those individuals designated by the manager may present information pertinent to items under consideration or information related to the operation of the city. There shall however be no discussion at this time except for clarification inquiries. 5. 22-747 CityManager's Report. Sponsors: Bryant Powell 6. 22-756 Announcement of current events. Sponsors: Matt Busby H. PUBLIC 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. . 22-716 Consideration of application for a new Series 6 Bar Liquor License for Apache Creek Golf Club located at 3401 S Ironwood Drive, Apache Junction, A . 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 the Arizona Department of Liquor License and Control. Sponsors: Jennifer Pena Attachments; Memo to Council 12,06 2022 Application-Redacted Public Safetv Approval Inspector Building Approval inspection Planning&Zoning Approval Inspection SFD Approval Inspection i. OLD BUSINESS The council shall consider any business that has been previously considered and which is still unfinished to include those items previously postponed or tabled.No member of the public shall be permitted to speak on these items unless invited to do so by the mayor after first submitting a written request-to-speak form with the city clerk. City of Apache Junction,Arizona page 2 Printed on 12/2/2022 City Council Meeting Agenda-Final December 6,2022 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. 8. 2-733 Presentation, discussion, and consideration of legal advertising agreement with The Arizona Republic for calendar year 2023. The rate for 2023 will remain unchanged from 2022. sponsors. Jennifer Pena Attachments. 2023 Legal Advertib Agreorrserrt . 22-7 8 Presentation, discussion, and consideration of entering into are agreement with Centimark Corporation for the re-coating of the police department roof in an amount not to exceed $52,063.00 using Mohave Contract f#18R-CTMK--0416. §RgR§ors Heather Hodgman Attachments: Centimark Memo-Re-Coati Ply Roof Centimark Al reernent PD Rocaf Recoatuiig- Contrgctor Siic nad Centimark PD Roof Re-Coa0jj fVgvember 2022 10. 22-759 Presentation, discussion, and consideration of entering into an agreement with Riddle Painting and Coatings Corporation for the exterior weatheriaation for the police department not to exceed 60,322.00 utilizing Mohave Contract#20A-Riddle-0404, qnsors: Heather Hodgman Attachments: Cut Council Memo..Ruddie Pt:inturd •Ply We�itheruxatioai Riddle Painitng- PCB Novfe ber�2022 Rundle Paintln S grrad A r etnent Oct 20 2 11. 22-7 0 Presentation and discussion on entering into an agreement with Southern Counties Oil Corporation, DBA CC Fuel, in the amount of 800,000.00 for one year, with the option to renew for up to four additional one-year periods. Szscnsorsn Heather Hodgman Attachments Council Memo-Sulk Friel November 2022 Sulk Fuel-Novernber 222 SC Fuelscareoment K. COUNCIL DIRECTION TO STAFF This item allows the mayor and city council to direct staff on specifically listed matters. City of Apache Junction,Arizona Page 3 Printed on 1212l2022 City Council Meeting Agenda-Final December 6,22 12. 2-77 Direction to staff related to Apache Junction City Code, Volume I, Section 2-1 , Industrial Development Authority, regarding feasibility of dissolution of this body due to lack of activity. This item appeared on the agenda for the city council meeting on November 1, 2022, where it was decided to save the discussion for a later date. Sponsors: Tess Nesser L. SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES . 22-749 Executive Session at :00 PM for Monday, December 19, and Tuesday, December 20, 2022, 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 4 Printed on 12/2/2022 City Council VOTE - ROLL CALL IT # MEETING OF MOTION BY: t Z-2-\ SECONDED BY: NOTES: A- W7,-ntAo YES NO ABSTAINED . ................. . ................. ......... CITY COUNCIL: VICE MAYOR RIZZI I COUNCILMEMBER NESSER I V/ -------................ ......... COLINCILMEMBER HECK -—-——-------- I COUNCILMEMBER SCHROEDER ............. ........ COLINCILMEMBER JOHNSON i '4 COUNCILMEMBER EVANS MAYOR WILSON ---------------- TOTAL ------------- UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL Vote sheei- I S:/5—Templates&Forms/Vote Call—city Council City Council VOTE - ROLL CALL ITEM # MEETING OF MOTION BY: 1AA,A- SECONDED BY: -------------- NOTES: YES NO ABSTAINED ........---- ------- CITY COUNCIL: .......... COLINCILMEMBER NESSER COUNCILMEMBER JOHNSON 1 COUNCILMEMBER EVANS COUNCILMEMBER HECK —-- -—------------ ---------------- -—---------- NSF COUNCILMEMBER SCHROEDER mme� ............... ....... --—----- VICE MAYOR RIZZI -—----------- e. - --—---------- MAYOR WILSON TOTAL UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL Vote sheet 2 S:/5-.Templates&Forms/Vote Call—City Council City Council VOTE - ROLL CALL ITEM # MEETING OF �P MOTION BY: ? SECONDED BY: NOTES:— ................ YES NO ABSTAINED �.... .... .. i CITY COUNCIL: _--------- COUNCILMEMBER SCHROEDER ... . .............., I - COUNILMEMBER NESSER COUNCILMEBER EVANS COUNCILMEMBER JOHNSON VICE MAYOR RIZZI COUNCILMEMBER HECK � . ? ,,,. u..�., c r MAYOR WILSON . .._._..._ TOTAL UNANIMOUS IN FAVOR _ OPPOSED ABSTAINED TOTAL Vote sheet S:/5—Templates Forms/Vote Call—City Council it Council VOTE - ROLL CALL q II 6 _Jr MEETING OF I MOTION BY: 1 SECONDED BY: NOTES: ........... YES NO ABSTAINED ------------- CITY COUNCIL: j COUNCIL EMBER HECK 4 COLINCILMEMBER EVANS ............ .....................VICt MAYOR RIZZI V1, —--------------- ............ ............ COUNCILMEMBER NESSER .......... COUNCIL EMBER JOHNSON i f 1 COUNCILMEMBER SCHROEDER v ------------------ MAYOR WILSON _-4 —TOTAL ----- —-—--------- UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL Vote sheet 4 S:/5—Templates&Forms/Vote Call—city Council City Council VOTE - ROLL CALL IE I _ MEETING O —[e- MOTION Y: SECONDED : TES: aeenw. h...y....:................ .._.,. .,.ewv. ....u,. YES NO ABSTAINED CITY COUNCIL: COUNCILMEMBER EVANS COLINCILMEMBER HECK COUNCILMEMBERJOHNSON I VICE MAYOR RIZZI UNCILMEMBER NESSER COlJNgILMEMBER SCHROEDER MAYOR WILSON TOTAL UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL Vote sheet S S:/5-Templates Forms/Vote Call—City Council City Council VOTE — ROLL CALL ITEM - MEETING OF MOTION BY: SECONDED BY: NOTES: YES NO ABSTAINED CITY COUNCIL: il VICE MAYOR RIZZI COUNCILMEMBERNESSER �..__ .... _.._ . ..w.n._n.. COUNCILMEMBER HECK OUN ILMEM ER SCHROEDER wm 4----, COUNCILMEMBER JOHNSON r 4. COUNCILMEMBER EVANS _.._.. MAYOR WILSON t TOTAL ---------- UNANIMOUS IN FAVOROPPOSED ABSTAINED TOTAL Vote sheet 5:/5-Templates&Forms/Vote Call—City Council City Council VOTE - ROLL CALL ITEM EETI OF -Co DQ MOTION BY: SECONDED Y: NOTES: 1 �s� ` YES NO -ABSTAINED I' M� ���...�,....��,�.....�... �......w �.�..ate; ? CITY COUNCIL COUNCILMEMBER SCHROEDER VICE MAYOR RIZZI COUNCILMENBER NESSER �.m�....�, .. �..� w.a .�._.w�� .��..� :.. ...w COUNCILMEMBER EVANS COUNCILMEMBER HECK ± COUNCILMEMBER JOHNSON MAYOR WILSON TOTAL UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL Vote sheet 7 5:/5—Templates&Forms/Vote Call—City Council f CITY OF APACHE JUNCTION Mayor's Script Tuesday, December er 6, 2022 A. CALL TO ORDER I would like to call this City of Apache Junction Council Meeting to order. B._ INVOCATION AND PLEDGE OF ALLEGIANCE The invocation will be led by Vice Mayor Rizzi & the pledge by Councilmember C. ROLL CALL Roll Call D. CONSENTAGENDA As a reminder-All items under the Consent Agenda will be approved with one motion. If a councilmer wishes to remove an item for further discussion, the request will be made prior to approving the consent agenda and will be moved to New Business. 1. Consideration of acceptance of agenda. . Consideration of approval of minutes of the regular meeting of November 15, 2022. . Consideration of approval on award of contract to Viasun Corporation for asphalt crushing and screening for a total amount not to exceed $156,046.02 Do I have a motion on the consent agenda? wait for motion and the 2 Roll Call. E. AWARDS, PRESENTATIONS AND PROCLAMATIONS - None F. REGIONAL INTERGOVERNMENTAL UPDATES 4. Regional Intergovernmental meeting updates from Council. G. CITY MANAGER'S REPORT 5. City Manager's Report. Bryant to report 6. Announcement of Current Events Matt Busby to report H. PUBLIC HEARINGS 7. Consideration of application for a new Series 6 Bar Liquor License for Apache Creek Golf Club located at 3401 S Ironwood Drive. Jennifer to start Any discussion among the council? council can discuss Would the applicant like to speak? As a public hearing, would anyone like to speak on these items? public can speak I'll close the public hearing and ask fora motion. wait for motion and the 2, Roll Call. I. OLD BUSINESS - NONE J. NEW BUSINESS 8. Presentation, discussion, and consideration of legal advertising agreement with The Arizona Republic. Jennifer to start Any discussion among the council? council can discuss Do I have a motion and second? wait for motion and the 2" Roll Call. . Presentation, discussion, and consideration on entering" into an agreement with Ceti ark Corporation for re-coating the police department roof. Heather to start Any discussion among the council? council can discuss Do I have a motion and second? woit for motion and the 2" Roll Call. 1 . presentation, discussion, and consideration on entering into an agreement with Riddle Painting and Coatings Corporation for the exterior weaterizaion for the police department. Heather to start Any discussion among the council? council can discuss o I have a motion and second? wait for motion and the 2"d Roll Call. 11. Presentation and discussion on entering into an agreement it Southern Counties Oil Corporation, doing business as SC Fuel, for bulk fuel services not to exceed $800,000. Heather to start Anydiscussion among the council? NO MOTION- DISCUSSION ONLY K. COUNCIL DIRECTION TO STAFF 1 . Direction to staff regarding feasibility of dissolution of the Industrial Development Authority due to lack of activity. Councilme ber Nesser to start L. SELECTION F MEETING DATES, TIMES, LOCATIONS AND PURPOSES 13. Executive Session at 6:00 P.M. for Monday, December 19, and Tuesday, December 20, 2022, in the city council conference room located at 300 E. Superstition Boulevard in Apache Junction, Arizona and other meetings scheduled if necessary. Do I have a motion on the next meeting dates? wait for motion and the 2"d Roll Call M. CALL TO PUBLIC I would like to remind everyone that the Call to the Public is a courtesy and not required by law. It is a time for the public to express requests, communications, comments and suggestions. Request to speak forms must be completed and handed to the city clerk before the end of the city manager's report. All issues shall be presented in a professional manner without personal attacks. Under the o en meetin law the council cannot engage in discussion on the issues presented, but may respond to criticism and may direct staff to follow up with the speaker directly and/or place this matter on a future agenda for council discussion. There is a three-minute limit for each speaker. NNINNUMNIM Does council have any requests of staff to follow up on? N. ADJOURNMENT— I adjourn this meeting. 12.06.2022 MOTIONS CONSENT AGENDA ITEM OS. 1- 1 MOVE THAT THE CONSENT AGENDA BE APPROVED AND ACCEPTED AS PRESENTED. PUBLIC HEARING ITEM NO. 7 1 MOVE THAT THE APPLICATION FOR A SERIES 6 BAR LIQUOR LICENSE SUBMITTED BY JARED REPINSKI FOR APACHE CREEK GOLF CLUB LOCATED AT 3401 S. IRONWOOD DR. BE RECOMMENDED FOR (APPROVAL) OR (DENIAL) TO THE ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL. Note: If the motion is for denial, the reasons for the denial must be included in the motion ITEM 1 MOVE THAT THE LEGAL ADVERTISING AGREEMENT WITH THE ARIZONA REPUBLIC BE (APPROVED) OR (DENIED) ITEM . 1 MOVE THAT THE AGREEMENT WITH CETI ARK CORPORATION FOR THERE-COATING OF THE POLICE DEPARTMENT ROOF IN AN AMOUNT NOT TO EXCEED $52,03.00 USING MOHAVE CONTRACT#1R-CTMK-041 BE (APPROVED) OR (DENIED). OR be(approved subject to the following amendments ITEM . 10 I MOVE THAT THE AGREEMENT WITH RIDDLE PAINTING AND COATINGS CORPORATION FOR THE EXTERIOR WEATHERIZATION FOR THE POLICE DEPARTMENT NOT TO EXCEED $60,322.00 UTILIZING MOHAVE CONTRACT 20A-RIDDLE-0404 BE (APPROVED) OR (DENIED). OR be(approved subject to the following amendments ). ITEM . 12 1 MOVE THAT THE FOLLOWING DIRECTION BE GIVEN TO STAFF REGARDING THE FEASIBILITY OF THE DISSOLUTION OF THE INDUSTRIAL DEVELOPMENT AUTHORITY: THAT: STAFF BRING BACK AN ORDINANCE TO AMEND CITY CODE VOLUME 1 SECTION 2-15 FOR CONSIDERATION OF THE DISSOLUTION OF THE INDUSTRIAL DEVELOPMENT AUTHORITY OR ITEM . 1 I MOVE THAT AN EXECUTIVE SESSION AT 6:00 P.M. FOR MONDAY, DECEMBER 19T", AND TUESDAY, DECE BER 20T", 2022, BE HELD IN THE CITY COUNCIL CONFERENCE ROOM LOCATED AT 300 E SUPERSTITION BOULEVARD IN APACHE JUNCTION, ARIZOA AND OTHER MEETINGS SCHEDULED IF NECESSARY. 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