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HomeMy WebLinkAboutRES 10-28RESOLUTION NO. 10-28 A RESOLUTION OF- THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA, AUTHORIZING THE CITY TO ENTER INTO INTERGOVERNMENTAL AGREEMENT 10-107-1 WITH THE ARIZONA DEPARTMENT OF TRANSPORTATION FOR PHASE II OF THE IRONWOOD DRIVE RECONSTRUCTION PROJECT (FROM 16TH AVENUE TO BROADWAY AVENUE) ; AND AUTHORIZING AND DIRECTING STAFF TO TAKE ALL STEPS NECESSARY TO CARRY OUT THE PURPOSE AND INTENT OF THIS RESOLUTION. WHEREAS,the City of Apache Junction is currently constructing a road improvement project (the "Project")on Ironwood Drive from U.S.60 to 16th Avenue ("Phase I" of the Project); and WHEREAS,the Project is funded through the American Recovery and Reinvestment Act ("ARRA")in the total amount of $1,948,343.00; and WHEREAS,the Maricopa Association of Governments contributed $1,348,343.00 and the Central Arizona Association of Governments contributed $600,000.00 for Phase I of the Project; and WHEREAS,the required City leftover matching funds for the Phase I Project was $265,000.00; and WHEREAS,like other construction projects in Arizona,the bid for the Project was substantially lower than the anticipated cost resulting in unobligated funds of between $665,574.00 to $689,275.00; and WHEREAS,the projected City matching funds for Phase II is estimated to be $556,250.00; and WHEREAS,unused funds from other projects can be combined to pay for completion of "shovel ready" contracts such as the second segment of the Project (16th Avenue to Broadway Avenue, "Phase II"); and WHEREAS,the attached written agreement ("IGA/JPA 10-107- I")sets forth the financial and administrative conditions for construction of Phase II of the Project. RESOLUTION NO. 10-28 PAGE 1 OF 2 NOW,THEREFORE,BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION ARIZONA, AS FOLLOWS: 1)The Mayor and City Council approve the attached intergovernmental agreement between the City of Apache Junction and the Arizona Department of Transportation ("IGA/JPA 10-107-I")and the Mayor is hereby authorized to sign the agreement on behalf of the City. 2)Under the terms of IGA/JPA 10-107-1, the City will pay for the design costs associated with Phase II of the Project. 2)The City Manager or his designee is authorized and directed to take all steps necessary to carry out the purpose and intent of this Resolution. 3)The City of Apache Junction shall comply with all Act guidelines,federal statutes and regulations applicable to the American Recovery and Reinvestment Act of 2009 (Public Law 101-336, 42 U.S.C. §§ 12101-12213). PASSED AND ADOPTED BY THE MAYOR' AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,THIS 3RD DAY OF AUGUST 2010. SIGNED AND ATTESTED TO THIS 3RD DAY OF AUGUST Mayor ATTEST: KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM: (4-727.10 RICHARD J. STERN City Attorney RESOLUTION NO. 10-28 PAGE 2 OF 2 , 2010. ATTACHMENT A ADOT File No.: IGA/JPA 10-107-1 AG Contract No.: P001 -1 Project No.: Project: Resurfacing & Reconstruction Section: 16th Avenue to Broadway Avenue TRACS No.: SS927 OlD Phase II ARRA/StatelCity Match INTERGOVERNMENTAL AGREEMENT BETWEEN THE STATE OF ARIZONA AND CITY OF APACHE JUNCTION THIS AGREEMENT is entered into this date ,2010, pursuant to the Arizona Revised Statutes § 11-951 through 11-954, as amended, between the STATE OF ARIZONA, acting by and through its DEPARTMENT OF TRANSPORTATION (the "State") and the CITY OF APACHE JUNCTION, acting by and through its MAYOR and CITY COUNCIL (the "City"). The State and the City collectively are referred to as "Parties". I.RECITALS 1.The State is empowered by Arizona Revised Statutes § 28-401 to enter into this Agreement and has delegated to the undersigned the authority to execute this Agreement on behalf of the State. 2.The City is empowered by Arizona Revised Statutes § 48-572 to enter into this Agreement and has by resolution, a copy of which is attached hereto and made a part hereof, resolved to enter into this Agreement and has authorized the undersigned to execute this Agreement on behalf of the City. 3.Congress has authorized appropriations for the American Recovery and Reinvestment Act of 2009 ("ARRA 2009") for the disbursement of funds and investment in certain projects, including but not limited to, roads, bridges, mass transit, energy efficient buildings, flood control, clean water and other infrastructure projects to save and create jobs for long term growth and stability. 4.Such Project lies within the boundary of the City and has been selected by the City; the survey of the Project has been completed;and the plans, estimates and specifications will be prepared and, as required, submitted by the State to the Federal Highway Administration ("FHWA") for its approval. 5.The City agrees requests the transfer of existing local pro rata matching funds held on deposit with the State under TRACs #SS 746 01C to TRACs #SS 907003D for the design of the Project contemplated herein. 6 The interest of the State in this Project is the acquisition and distribution of ARRA/Recovery Act Funds for the use and benefit of the City and to authorize such ARRA/Recovery Act Funds for the project pursuant to Federal law and regulations. The State shall be the designated agent for the City. 7.The work contemplated under this Agreement is for the design of Phase II of IronwoodDrive, 16th Avenue to Broadway Avenue project. This five lane street reconstruction project removes and replaces existing deteriorated asphalt and base material and replaces the full structural section including aggregate base and asphalt surface pavement, hereinafter referred to as the "Project". The State shall advertise, bid and award the Project The ARRA/Recovery Act Funds will be used for the design and construction of the project, including the construction engineering and administration cost (CE) The current Project costs are as follows: TRACS No. SS 927 01D Remaining ARRA/Recovery Act Funds (MAG)$513,574 Remaining ARRA/Recovery Act Funds (CAAG)$152,000 Transferred Local Funds from SS746 01C $265,000 Local Funds $556,250 *TOTAL Project Costs $1,486,250 *(Includes CE and project contingencies) The Parties acknowledge that the eventual actual cost may exceed the estimate, and such case the City is responsible for any and all costs exceeding the estimate.Actual costs may be less than the estimate and not needed for the Project,at which time any excess funding will be de -obligated from the Project. THEREFORE,in consideration of the mutual Agreements expressed herein, it is agreed as follows: II.SCOPE OF WORK 1.The State will: a.Submit all documentation required to the FHWA containing the above -mentioned Project with the recommendation that funding be approved for design and funding.The Project will be performed, completed,accepted and paid for in accordance with the requirements of the Project plans and specifications. b.Request the maximum ARRA/Recovery Act Funds programmed for the design of this Project, including design engineering and administration costs.Should costs exceed the maximum Federal funds available it is understood and agreed that the City will be responsible for any overage. c.Review the design documents required for construction of the Project and provide comments tot eh City as appropriate. d.Approve the Project,if such project funds are available from and authorized by FHWA for the Project.Be the designated authorized agent for the City. e.Enter into a Project Agreement with FHWA on behalf of the City covering the work encompassed in said construction contract and will request the maximum ARRA/Recovery Act Funds available, including construction engineering and administration costs. Should costs exceed the maximum ARRA/Recovery Act Funds available, it is understood and agreed that the City will be responsible for any excess cost not covered by ARRA/Recovery Act Funds. f.Upon approval by the FHWA, and with the aid and consent of the City and FHWA, proceed to advertise for, receive and open bids subject to the concurrence of the FHWA and the City.The State will enter into a contract(s) with a firm(s) to whom the award is made for the construction of the Project; administer contracts(s) for the Project and make all payments to the contractor(s). g.Upon Execution of this Agreement and prior to Advertisement of the Project, invoice the City for the City's share of the Project costs and/or any excess cost not covered by ARRA/Recovery Act funds h.Not be obligated to maintain said Project, should the City fail to budget or provide for proper and perpetual maintenance as set forth in this Agreement. i.Upon completion of the Project,invoice the City for any costs not covered by the available federal funding. 2.The City will: a.Upon execution of this Agreement, designate the State as authorized agent for the City. b.Prepare and provide design plans, specifications and other such documents and services required for the construction bidding and construction of the Project and incorporate comments from the State as appropriate. c.Perform work and prepare documents required by the FHWA to qualify certain projects for and to receive ARRA/Recovery Act Funds.Such work may consist of, but is not specifically limited to, the review and approval of the prepared environmental documents;the preparation of the analysis requirements for documentation of environmental categorical exclusion determinations; review of reports, design plans, maps, and specifications;geologic materials testing and analysis; right-of-way related activities and such other related tasks essential to the achievement of the objectives of this Agreement. d.Certify that all necessary rights -of -way have been or will be acquired prior to advertisement for bid and also certify that all obstructions or unauthorized encroachments of whatever nature, either above or below the surface of the Project area, shall be removed from the proposed right-of-way, or will be removed prior to the start of construction. e.Not permit or allow any encroachments upon or private use of the right-of-way, except those authorized by permit. In the event of any unauthorized encroachment or improper use, the City shall take all necessary steps to remove or prevent any such encroachment or use. f.Grant the State, without charge, cost or additional documents and agreements, permission to enter City lands as required to conduct all construction and pre -construction activities related to the Project, including and without limitation, temporary construction easements, or temporary right -of -entry. g.Be responsible for any and all costs attributable to any engineering change orders requested by the City not covered by ARRA/Recovery Act Funds.The City will also be responsible for contractor claims for additional compensation caused by Project delays attributable to the City. h.Provide for cost and, as an annual item in the City's budget, proper maintenance of the Project, including all of the Project components. i.Pay the State full compensation for all penalties, assessments or sanctions of any kind resulting from any failure to comply with any ARRA/Recovery Act requirement, including but not limited to, auditing, reporting and monitoring the project and its costs. j.Enter into an agreement with the design consultant which states that the design consultant shall provide professional post -design services as required and requested throughout and upon completion of the construction phase of the Project. k.Provide a set of as -built plans upon completion of the construction phase of the Project.An electronic version of the as -built plans shall be forwarded to Arizona Department of Transportation Local Government Section. I.Upon completion of the Project, agree to accept, maintain and assume full responsibility of said Project in writing. m.Pay all invoices from the State within thirty (30) calendar days of receipt. III.MISCELLANEOUS PROVISIONS 1.The terms, conditions and provisions of this Agreement shall remain in full force and effect until completion of said Project, except any provisions for maintenance shall be perpetual by the City.Further, this Agreement may be cancelled at any time prior to advertisement of the project construction contract, upon thirty days (30) written notice to the other party. It is understood and agreed that, in the event the City terminates this Agreement, the State shall in no way be obligated to maintain said Project. 2.The State assumes no financial obligation or liability under this Agreement, or for any resulting construction Project. The City,in regard to the City's relationship with the State only, assumes full responsibility for the design, plans, specifications, reports, the engineering in connection therewith and the construction of the improvements contemplated, cost over -runs and construction claims.The City shall also require its contractors to name the State as an additional indemnitee in the City contracts with its contractors It is understood and agreed that the State's participation is confined solely to securing federal aid on behalf of the City and the fulfillment of any other responsibilities of the State as specifically set forth herein; that any damages arising from carrying out, in any respect, the terms of this Agreement or any modification thereof shall be the liability of the City and that to the extent permitted by law, the City hereby agrees to save and hold harmless and indemnify from loss the State, any of its departments, agencies, officers or employees from any and all costs and/or damage incurred by any of the above and from any other damage to any person or property whatsoever, which is caused by any activity, condition, misrepresentation, directives, instruction or event arising out of the performance or non performance of any provisions of this Agreement by the State, any of its departments, agencies, officers and employees,or its independent contractors,the City,any of its agents,officers and employees, or its independent contractors. Costs incurred by the State, any of its departments, agencies, officers or employees shall include in the event of any action, court costs, and expenses of litigation and attorneys' fees. 3.The cost of construction and construction engineering work under this Agreement is to be covered by the ARRA/Recovery Act Funds set aside for this Project, up to the maximum available.The City acknowledges that the eventual actual costs may exceed the maximum available amount of ARRA/Recovery Act funds, or that certain costs may not be accepted by the federal government as eligible for ARRA/Recovery Act funds.Therefore, the City agrees to furnish and provide the difference between actual costs and the ARRA/Recovery Act Funds received. 4.The State will follow reporting requirements in accordance with Section 1201and Section 1512 of the American Recovery and Reinvestment Act of 2009. 5.This Agreement shall become effective upon signing and dating of the Determination Letter by the State's Attorney General. 6.This Agreement may be cancelled in accordance with Arizona Revised Statutes § 38-511. 7.To the extent applicable under law, the provisions set forth in Arizona Revised Statutes § 35-214 and § 35-215 shall apply to this Agreement. 8.This Agreement is subject to •all applicable provisions of the Americans with Disabilities Act (Public Law 101-336, 42 U.S.C.12101-12213) and all applicable Federal regulations under the Act, including 28 CFR Parts 35 and 36. The parties to this Agreement shall comply with Executive Order Number 99-4 issued by the Governor of the State of Arizona and incorporated herein by reference regarding "Non -Discrimination". 9.Non -Availability of Funds:Every payment obligation of the State under this Agreement is conditioned upon the availability of funds appropriated or allocated for the payment of such obligations. If funds are not allocated and available for the continuance of this Agreement, this Agreement may be terminated by the State at the end of the period for which the funds are available. No liability shall accrue to the State in the event this provision is exercised, and the State shall not be obligated or liable for any future payments as a result of termination under this paragraph. 10. In the event of any controversy, which may arise out of this Agreement, the Parties hereto agree to abide by required arbitration as is set forth for public works contracts in Arizona Revised Statutes § 12- 1518. 11. All notices or demands upon any party to this Agreement shall be in writing and shall be delivered in person or sent by mail, addressed as follows: Arizona Department of Transportation Joint Project Administration 205 S. 17th Avenue, Mail Drop 637E Phoenix, Arizona 85007 (602) 712-7124 Fax (602 712-3132 City of Apache Junction Attn: Public Works Department 575 E. Baseline Avenue Apache Junction, Arizona Phone (480) 982-5752Fax (480) 982-8005 12. Compliance requirements for Arizona Revised Statutes § 41-4401—immigration laws and E -Verify requirement: a.The City warrants compliance with all Federal immigration laws and regulations relating to employees and warrants its compliance with Section A.R.S. 23-214, Subsection A. b.A breach of a warranty regarding compliance with immigration laws and regulations shall be deemed a material breach of the contract, and the City may be subject to penalties up to and including termination of the Agreement. c.The State retains the legal right to inspect the papers of any employee who works on the Project to ensure that the City or subcontractor is complying with the warranty under paragraph (a). 13. Pursuant to Arizona Revised Statutes § 35-391.06 and § 35-393.06, each Party certifies that it does not have a scrutinized business operation in Sudan or Iran.For the purpose of this Section the term "scrutinized business operations" shall have the meanings set forth in Arizona Revised Statutes § 35-391 or and 35-393, as applicable.If any Party determines that another Party submitted a false certification, that Party may impose remedies as provided by law including terminating this Agreement. 14. In accordance with Arizona Revised Statutes § 11-952 (D) attached hereto and incorporated herein is the written determination of each party's legal counsel and that the parties are authorized under the laws of this State to enter into this Agreement and that the Agreement is in proper form. 15. The cost of the project under this Agreement includes applicable indirect costs approved by the FHWA. IN WITNESS WHEREOF,the Parties have executed this Agreement the day and year first above written. CITY OF APACHE JUNCTION STATE OF ARIZONA Department of Transportation By By JOHN S. INSALACO SAM MAROUFKHANI, P.E. Mayor Deputy State Engineer, Development ATTEST: By KATHY CONNELLY City Clerk IGA/JPA 10-107-1 ATTORNEY APPROVAL FORM FOR THE CITY OF APACHE JUNCTION I have reviewed the above referenced Intergovernmental Agreement between the State of Arizona, acting by and through its DEPARTMENT OF TRANSPORTATION, and the City, an Agreement among public agencies which, has been reviewed pursuant to A.R.S. § 11-951 through § 11-954 and declare this Agreement to be in proper form and within the powers and authority granted to the City under the laws of the State of Arizona. No opinion is expressed as to the authority of the State to enter into this Agreement. DATED this day of ,2010. City Attorney ATTORNEY APPROVAL FORM FOR THE ARIZONA DEPARTMENT OF TRANSPORTATION I have reviewed the above referenced Intergovernmental Agreement between the State of Arizona, acting by and through its DEPARTMENT OF TRANSPORTATION, and the City, an Agreement among public agencies which, has been reviewed pursuant to A.R.S. § 11-951 through § 11-954 and declare this Agreement to be in proper form and within the powers and authority granted under the laws of the State of Arizona. No opinion is expressed as to the authority of the State to enter into this Agreement. DATED this day of ,2010. Arizona Attorney General