HomeMy WebLinkAboutRES 85-37RESOLUTION NO.85-37
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 TAKING THROUGH CONSTRUCTION,THE PROJECT WHICH
HAS BEEN SELECTED BY THE CITY AND THE
DEPARTMENT OF TRANSPORTATION,SUBJECT TO THE APPROVAL OF
THE FEDERAL HIGHWAY ADMINISTRATION.
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 in 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.853GP 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 20th day of August 1985.
ATTEST:
Kathleen Connelly
City Clerk
APPROVED AS TO FORM:
DhviV-F.Alexari
City Attorney
6_8...9extz.e.,S12, v e lqyr
Norman S.Hill
Mayor
.A9ree
'INTERGOVERNMENTAL AGREEMENT BETWEEN THE
STATE OF ARIZONA
AND
CITY OF APACHE JUNCTION
PROJECT NO.m -707-9(1)P •
IRONWOOD DRIVE
(15th Avenue -Palomino Avenue)
FUND CODE:853GP
THIS AGREEMENT, entered into this day of ----...
19 , pursuant to Arizona Revised Statutes,Sectdon 11-951 through
11-954, as amended, by and between the STATE OF ARIZONA, acting by and
through the ARIZONA DEPARTMENT OF TRANtPORTATION,hereinafter called"STATE" and . City of Apache Junction a body politic and.
corporate, hereinafter- called "LOCAL AGENCY".
WHEREAS, STATE is empowered by Arizona Revised Statutes, Section
28-108 to enter into this Agreement, and
WHEREAS,LOCAL AGENCY is empowered by Arizona Re'vised Statutes,
Section -to enter.into thds Agreement, and
WHEREAS,Congress has authorized appropriations for, but .not
limited to, the construction of streets; primary, feeder and farm to
market roads; the replacement of bridges; the elimination of roadside
obstacles;the application of pavement markings, and
WHEREAS,such project within the boundary of LOCAL AGENCY has
been selected by LOCAL- AGENCY and the field survey of the project ....has
been completed and the plans, estimates and specifications prepai-t--.ill
and, as required, submitted to the Federal Highway Administration for
its approval, and
_WHEREAS,LOCAL AGENCY,in order to obtain Federal funds for the
construction of the project hereinafter mentioned,is willing to
provide the STATE with LOCAL AGENCY funds to match Federal funds in
the rati.o required or as finally fixed and determined by the Federal
Highway Administration, and
WHEREAS,the primary interest of the STATE in the project is in
the acquistion, of Federal funds for the use and benefit of LOCAL
AGENCY 'by reason of Federal Law and Regulations under which funds For
the project are authorized to be expended, and
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WHEREAS,the work embraced in this Agreement and the estimated'•
cost is as follows:Drainage Improvement:
Estimated Cost:
Federal Funds @ 92.7% :
City Funds
*This amount includes a 2% surcharge on
Engineer's memo of February 2, 1982.
AC -R=ENT:
$175,000.00
162,225.00
16,275.00*
the overall cost as per Chief Deputy State
ARTICLE I
IN CONSIDERATION o f the covenants of LOCAL AGENCY herenafte
contained and the faithful oerformence thereof, STATE agrees:
•
1.To submit a program containing the aforementioned project
to the Federal Highway Administration with the recommendation that i t
b e aporoved for construction and that if such Project is aooroved for
construction by the Federal Highway Administration and the funds are
available for the construction of said project, STATE, with the a;d
and consent of the Federal Highway Administration will proceed t o
advertise for,receive and open bids, and subject to the
of the Federal Highway Administration and LOCAL AGENCY,award the
contract,enter into a contract with the firm to whom the award ;s
made for the construction o f the project,such Project to b e
performed,completed,accepted and paid for in accordance with the
recuirements of the Standard Specifications for Road and 3r;dce
Construction o f the Hichways Division,Arizona Department o f
Transportation, will enter into a Project Agreement with the Federal
Government covering the work embraced in the said contract or in the
said Agreement and will request the maximum Federal funds available.
2.To furnish LOCAL AGENCY with copies of the pr000sed :Project
Agreement to be entered into by the STATE and the Federal.Government
and any Railroad Company Agreement necessary for the full comoletion
of this Project.
3.T o provide personnel to supervise the construction,su
personnel to be acceptable to LOCAL AGENCY.
ARTICLE II
IN CONSIDERATION of the covenants of STATE hereinbeFore
contained and the faithful performance thereof, LOCAL AGENCY agrees:
1 .T o accuire without cost to STATE, the necessary right-of-
way and material sites and hereby certifies that all rights-or'-wAv
have "beeln obtained and all necessary material sites have been
accuired.•
WM,2
2.To remove from the proposed right -of -Way -all obstructions,
o r unauthorized encroachments o f whatever nature, either above or
below the surface of the roadway,and hereby certifies that all
obstructions and encroachments have been removed therefrom.
3.Mot to permit or allow -any encroachments,except those
authorized by permit, upon, or private use of,the right-of-way, and
in the event of any unauthorized encroachment or improper use,shall
take all necessary steps to remove or prevent any such encroachment or
use;failing in which STATE shall have the right to proceed with the
re:loval or prevention thereof,.the cost of such removal or prevention
to be borne by LOCAL AGENCY.
4.Upon completion of construction,to provicle for at its own
cost and a s an annual item in its budget, proper maintenance; such
maintenance to include, but not be limited to,traffic signals, signs,
islands, curbs and markings necessary for the purpose of regulating,
warning, and guiding traffic.
5.To mark and sign school crossings and railway -highway grade
crossings -in accordance with the requirements of the current edition
of the Manual on Uniform Traffic Control Devices for Streets and
Highways.
By such regulation as it may by ordinance provide,to
regulate parking 7 and not permit vehicles to be left on the street in
any manner other tban at the curb and parallel thereto and to restrict
parking so as to prevent conflicts with..moving •traffic a t
intersections and at such other locations as necessary.
7.To deposit with STATE, prior to the solicitation of bids,
funds in the amount determined by STATE to be necessary, to match
Federal funds in the ratio required.
ARTICLE III
CONSIDERATION of the premises,it is mutually agreed:
1.That any part of the sum of the amount deposited by LOCAL
AGENCY,a s stipulated in ARTICLE II,remaining after LOCAL AGENCY'S
pro rata share of the cost, as finally fixed and determined by the
.Federal Government,has been paid,shell be forthwith return e6 to
LOCAL AGENCY by STATE;
2.That upon approval of the terms and conditions o f the
Project Agrec.ment and any State -Railroad Company Agreement by any
LOCAL AGENCY,the aoreements shall b e incorporated in and made a part
of this Agreement by reference and shall have the same force and
effect -esthough fully written herein;and further,that the LOCAL
AGENCY is.bound by all the terms of any State -Railroad Comoany
Agreement and will reimburse the STATE for the amount contracted For
by and between the Railroad Company and STATE acting as agent for
LOCAL AGENCY.
Rev.:09-1 0-32 3
3.That, shoo"' some unforeseen condit5 s or circumstances
increase the cost o said work required by a C.ange in the extent or
scope of the work called for herein, STATE shall not be obligated to
incur any expenditure in excess of the Amount of LOCAL AGENCY'S
deposit unless and until so authorized in writing by LOCAL AGENCY;
4.That STATE assumes no financial obligation hereunder;that
LOCAL AGENCY assumes full responsibility for the design, plans,
specifications,engineering and construction..The STATE assumes
responsibility for the active negligence of STATE personnel assigned
to the project during construction,while actually engaged in the
performance of their duties.Except for the negligence of the STATE
personnel as set out above,the LOCAL AGEZICY egrees to indemnify and
save harmless the STATE, any of its departments, agencies, officers
and employees from any and all liability, loss or damage the STATE ma
suffer as a result of claims, demands, costs or judgments arising out
of the negligent performance or -nonperformance of.LOC.,%I. AGENCY or its
independent contractors in carrvirm out any Provisions.of this
Agreement.Costs incurred by STATE, .any of its departments, agencies,
officers or employees shall include in the event Of any action, court
costs, expenses of litigation or attorneys'fees.
5.That the cost of the work covered by this Agreement is to
be borne by the Federal Government and LOCAL AGENCY, each in the
proportion prescribed or a s fixed and determined by the Federal
Government,through the Federal Highway Administration as stipulatd
herein;therefore LOCAL AGENCY agrees to furnish and provide STATE
with LOCAL AGENCY Funds in an amount equal to the difference bc,twen
the total cost of the work herein provided for and the amount o f
Federal Aid received;
a.That arbitration will be used pursuant to A.R.S._if
the entire relief in controversy is money in an amount less than One
!-iundred Thousand Dollars (S100,000).
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7.This Agreement,except the provisions herein for
maintenance, which shall be perpetual, shall terminate upon completion
of the work herein embraced in accordance with the terms of this
Agreement or may be terminated at any time prior to the awarding of
the construction contract by either party upon thirty (30)day
written notice of that intent;
3.That this Agreement shall he filed with the office of the
Secretary of State and shall become effective At the date of such
filing..
9..That this Agreement is subject to cancellation by the
Governor pursuant to Arizona Revised Statutes 33-511,the provisions
of which are incorporated herein by reference.
AttAch^d hereto is an authenticated copy of the resolution of
the STATE and also attached hereto is an authenticated copy of the
resolution of the governing body authorizing LOCAL AGENCY to enter
into this Agreement and a copy of the written determination of the
legal counsel of LOCAL AGENCY that this Agreement is in proper formandwithin the powers and authority granted to LOCAL AGENCY under the
laws of this STATE.
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I N WITNESS WHEREOF,the parties hereto have executed this
Agreement the day and year first written above.
STATE OF ARIZONA
Bv:STATE ENGINEER
3v:
Chief Deputy State Engineer
ATTEST:
STATE OF ARIZONA
COUNTY OF MARICOPA
On this the
SS.
day of
, 19_, before me,
, the
undersigned Notary Public,. person-
ally appeared
Chief DePuty State Engineer,
Arizona Department of Transporta-
tion,known to me (or satisfacto-
rily proven)t o b e the person
whose name is subscribed to the
within instrument and acknowledged
that he executed the same for the
purposes therein contained.
I N WITNESS WHEREOF
hereunto set my hand and official
sal.
NOTARY PU3LIC
My Commission expires:
5
By:..
By:
Governing Body
Title :
ATTEST:
STATE OF ARIZONA
ss.
COUNTY OF
On this the day of
, 19 , before me,
, the
undersigned Notary Public, person-
ally appeared
of the
known to m e (or satisfactorily
proven) to be the Person described
in the foregoing instrument, and
acknowledged that he executed the
.same in the capacity therein
stated and ;.or the purnoses
therein contained.
IN WITNESS WHEREOF
hereunto set my hand and official
seal.
NOTARY PUBLIC
My Commission exoires:
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