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HomeMy WebLinkAboutRES 84-56RESOLUTION NO.84-56 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,SETTING FORTH ITS INTENT TO APPROVE THE INTERGOVERNMENTAL AGREEMENT BETWEEN THE STATE OF ARIZONA AND THE CITY OF APACHE JUNCTION FOR THE PURPOSE OF BRINGING TO THE CONSTRUCTION STAGE,CERTAIN PROJECTS WHICH HAVE BEEN SELECTED BY THE CITY AND THE DEPARTMENT OF TRANSPORTATION,SUBJECT TO THE APPROVAL OF THE FEDERAL HIGHWAY ADMINISTRATION AS REQUIRED BY LAW. WHEREAS the City of Apache Junction i s the recipient of Federal Aid Urban funds,and WHEREAS certain projects may be selected by the City for improvements through the Federal Highway Administration processes,and 'WHEREAS the Federal Highway Administration has designated the State of Arizona to administer the program statewide,and WHEREAS the State requires that certain intergovernmental agreements be made for processing Federal Aid Urban projects,and WHEREAS,the City believes i t i s i n the best interest of the public safety and welfare to enter into said intergovernmental agreement for the improvement of City roads under the Federal Aid Urban classification; NOW THEREFORE,BE IT RESOLVED that the City of Apache Junction accepts and approves Intergovernmental Agreement No.85-0135 as presented by the Arizona Department of Transportation. PASSED AND ADOPTED by the Mayor and the City Council of the City of Apache Junction,Arizona,this 6th day of November ,1984. ATTEST: A -26%;e„) Kathleen Connelly,City C rk APPROVED AS TO FORM: av xande-p-Apty Attorney ADOT Contract No. 85-0135 Fund 853FA INTERGOVERNMENTAL AGREEMENT THIS AGREEMENT,made this day of ,19 , pursuant to A.R.S. Sections 11-951 through 11-954, by and between the ARIZONA DEPARTMENT OF TRANSPORTATION,an agency of the State of Arizona,thereunto duly authorized,hereinafter designated DEPARTMENT OF TRANSPORTATION,and the CITY OF APACHE JUNCTION, acting by and through its CITY COUNCIL,thereunto duly authorized hereinafter designated as CITY. RECITALS WHEREAS,the CITY is empowered by A.R.S.Section 9-672 to undertake public improvements and is desirous of bringing to the construction stage certain projects which have been selected by the DEPARTMENT OF TRANSPORTATION and the CITY,subject to the approval o f the Federal Highway Administration as by law required,and to that end requests the DEPARTMENT O F TRANSPORTATION to perform certain work and prepare documents required by the Federal Highway Administration to qualify the said projects for and to receive Federal funds thereon, such work consisting of,but not specifically limited to,the development and preparation of environmental impact statements;development, preparation and/or review o f designs,plans,maps, specifications;aerial and ground surveys;geologic materials testing and analysis; traffic engineering studies; and such other related tasks essential to the achievement of the aforementioned objective,and WHEREAS,the purpose to be accomplished by this Agreement is the performance of said work,and WHEREAS,the estimated cost of said work is $3,000.00 annually,which sum the CITY is willing to transmit to and deposit with the DEPARTMENT OF TRANSPORTATION, for the purpose of defraying the cost of the work described herein, and WHEREAS,the Director of the DEPARTMENT OF TRANSPORTATION is empowered by A.R.S.Section 28-108 to enter into this agreement and has duly authorized the Assistant Director of the Highways Division and the State Engineer to execute the same and, WHEREAS,the DEPARTMENT OF TRANSPORTATION is well equipped and willing to perform under this agreement. PAGE 2 ARTICLE I IN CONSIDERATION of the covenants of the CITY herein contained and the faithful performance thereof, the DEPARTMENT OF TRANSPORTATION agrees: 1.That subsequent to the initial deposit by the CITY of the sum of $3,000.00,it will begin performance of certin work and prepare the documents required by the Federal Highway Administration necessary to bring the projects to the construction stage. 2.That it will furnish all labor,materials and equipment necessary to complete the work it herein agrees to do. 3.That it will provide to the CITY a monthly statement of account identifying the projects for which the work has been performed, the type and amount of expenditures,and the account balance.No statement will be provided if there is no activity on the account. ARTICLE II IN CONSIDERATION of the covenants of the DEPARTMENT OF TRANSPORTATION herein contained and the faithful performance thereof,the CITY agrees: 1.That it will deposit with the DEPARTMENT OF TRANSPORTATION the sum of $3,000.00,all or any part of which shall be used by the DEPARTMENT OF TRANSPORTATION to defray the cost of the work herein embraced. 2.That the cost of the work herein embraced shall be borne wholly by the CITY without State or Federal funds. 3.That it will deposit with the DEPARTMENT OF TRANSPORTATION additional funds as may be required to complete the work as herein embraced.Such deposits will be made upon request of the DEPARTMENT OF TRANSPORTATION based upon a law or depleted account balance as described in ARTICLE I, paragraph 3 of this Agreement. ARTICLE III IN CONSIDERATION of the promises, it is mutually agreed: 1.That any part of the sum of $3,000.00 deposited by the CITY remaining after the cost of the work,as finally fixed and determined by the DEPARTMENT OF TRANSPORTATION, PAGE 3 has been paid,shall be returned forthwith to the CITY upon written request. 2.That the DEPARTMENT OF TRANSPORTATION and the STATE OF ARIZONA assume no financial obligation or liability hereunder and that any damage arising from the carrying out in any respect of the work embraced in this Agreement or any modification thereof,shall b e solely the liability of the CITY;that the CITY agrees to save and hold harmless the STATE,any of its departments, agencies,officers or employees from all cost and damage incurred by and of the above and from any other damage to any person or property whatsoever, which is caused by any activity,condition or event arising out of the performance or nonperformance of any provision of this Agreement by the CITY,any of its agents or any of its independent contractors.Thje above cost incurred by the STATE,any 'of its departments,agencies,officers or employees snail include in the event of any action, court costs,expenses of litigation and reasonable attorneys' fees.When any above costs,damage or other damage occurs as aforesaid, the CITY assumes the burden of proof that the above activity, condition or event did not cause such cost, damage or other damage. 3.That the cost of the work covered by this Agreement shall b e borne b y the CITY,but should some unforeseen condition or circumstance increase the cost of the work to be performed by the DEPARTMENT OF TRANSPORTATION in excess of the amount shown in the recital, the DEPARTMENT OF TRANSPORTATION shall not be obligated to incur any expenditure in excess of the CITY'S deposit specified in ARTICLE II, paragraph 1. 4.That this agreement shall remain in force for a period of one year from the effective date and will b e automatically renewed for successive periods of one year unless terminated earlier b y either the CITY or the DEPARTMENT OF TRANSPORTATION upon thirty days written notice of that intent. 5.All parties hereby are put on notice that this agreement is subject to cancellation by the Governor pursuant to A.R.S.38-511, the provisions of which are incorporated herein. 6.That this contractual agreement shall be filed with the Secretary of State and shall become effective upon such filing. PAGE 4 7 .Attachments A and B are authenticated copies o f the resolutions of the DEPARTMENT OF TRANSPORTATION and the CITY,authorizing said parties to enter into this Agreement. 8.Attachments C and D are the written determinations of the attorneys for said parties that this Intergovernmental Agreement is in proper form and within the powers and authority granted to said parties under the laws of the State of Arizona. Notices All notices or demands upon either party hereto by the other pursuant to this Agreement shall be in writing and shall be delivered in person or sent by mail addressed as follows: To DEPARTMENT at: Department of Transportation Federal Aid and Receivable Services 206 S.17th Avenue - 211B Phoenix, Arizona 85007 To CITY at: City of Apache Junction 1001 N.Idaho Road Apache Junction, Arizona 85220 or elsewhere as either party may from time to time designate by written notice to the other. IN WITNESS WHEREOF,the parties have executed this Agreement the day and year first written above. ARIZONA DEPARTMENT OF TRANSPORTATION CITY OF APACHE JUNCTION HIGHWAYS DIVISION CITY COUNCIL By:By: Chief Deputy State Engineer Title:Title: Date:Date: