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HomeMy WebLinkAboutRES 10-31RESOLUTION NO. 10-31 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA, AUTHORIZING THE CITY TO ENTER INTO AN ETM7,'1,310VERNMENTAL AGREEMENT WITH ARIZONA DEPARTMENT OF TRANSPORTATION FOR HIGHWAY SAFETY IMPROVEMENT PROGRAM GRANT MONEY. WHEREAS,Congress established the Highway Safety Improvement Program ("HSIP")for the specific purpose of achieving a significant reduction in traffic fatalities and serious injuries on public roads; and WHEREAS,the Sate and the City have identified systematic improvements within the City as being eligible under this program; and WHEREAS,the purpose of this joint effort is to allow the State to acquire federal funds for the purchase of signage (the "Project")to be installed at various locations within the City limits as selected by the City; and WHEREAS,the State shall be the designated agent for the City; and WHEREAS,the estimated total cost of the Project is $44,850.00,including Civil Engineering and Project contingencies, which represents 100% funding; and WHEREAS, pursuant to A.R.S. §§ 11-952(A) and 28-401, public entities may enter into agreements with each other for joint or cooperative activities. NOW,THEREFORE,B E IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION ARIZONA, AS FOLLOWS: 1)The Mayor and City Council hereby approve the attached intergovernmental agreement between the City of Apache Junction and the State of Arizona and the Mayor is hereby authorized to sign the agreement on behalf of the City. 2)The City Manager and/or his designee is authorized and directed to take all steps necessary to carry out the purpose and intent of this resolution. RESOLUTION NO. 10-31 PAGE 1 OF 2 PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE .JUNCTION, ARIZONA,THIS 3RD DAY OF MIST 2010. SIGNED AND ATTESTED TO THIS 3RD DAY OF AUGUST , 2010. ATTEST: KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM: 727 10 RICHARD J. STERN City Attorney RESOLUTION NO. 10-31 PAGE 2 OF 2 ATTACHMENT A ADOT File No.: IGA/JPA 10-088 I AG Contract No.: Project No.: N/A Project: Sign Replacements Section: Various locations within the City limits TRACS No.: SH 46001C Budget Source Item No.: HSIP 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 are collectively 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 established the Highway Safety Improvement Program (HSIP) as a core Federal- aid for the specific purpose of achieving a significant reduction in traffic fatalities and serious injuries on public roads.The State and the City have identified systematic improvements within the City as eligible for this funding. 4.The purpose of this joint exercise of powers and cooperative action (i.e. Agreement), by the State and the City is to allow the State to acquire Federal funds for the purchase of signage to be installed at various locations within the city limits.The City, through the State's Procurement Process utilizing ADOT Procurement contract(s) will select an authorized supplier to provide the equipment and services as outlined in the contract and approved plans to complete this project with the aid and consent of the State and the FHWA. 5.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. 6.The interest of the State in this project is the acquisition and distribution of HSIP Funds for the use and benefit of the City and to authorize such HSIP Funds for the project pursuant to Federal law and regulations. The State shall be the designated agent for the City. The current Project costs are as follows: TRACS No SH4600 1C TOTAL HSIP Funds (100%)$ 44,850.00 *TOTAL Project Costs $ 44,850.00 *(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 HSIP 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 Federal Highway Administration (FHWA) containing the above -mentioned Project with the recommendation that funding be approved for procurement and installation.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 HSIP funds programmed for covering the work encompassed in said construction contract and will request the maximum HSIP funds available, including eligible engineering and construction City costs.Should eligible costs exceed the maximum HSIP funds available it is understood and agreed that the City will be responsible for any overage. c.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 d.Upon execution of this Agreement, coordinate with the City regarding the specifics of the equipment to be ordered by the State to best ensure the requirements of the Project are met.Enter into a contract(s) with a firm(s) to whom the award is made for the purpose of the Project. e.Instruct the vendor to deliver equipment directly to the City for final acceptance and to bill the City directly.The State will reimburse the City with HSIP funds up to $44,850.00 within thirty days (30) after receipt and approval of an invoice for equipment purchased under this Agreement.Therefore, the City agrees to set aside funds in an amount equal to the difference between the total cost of the work provided for in this Agreement and the amount of Federal aid received. f.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. 2.The City will: a.Designate the State as authorized agent for the City, if such project is approved by the FHWA and project funds are available. b.Be responsible for one hundred percent (100%) of installation labor costs and any overage of costs exceeding the maximum HSIP funds available for the Project.Agree that the cost of the analysis and work covered by this Agreement is to be borne by FHWA and the City, each in the proportion prescribed and determined by FHWA. c.Coordinate with the State during the procurement process of the Project. d.Purchase and install the equipment acquired under this Agreement and maintain all improvements provided by this Project for the entire design life of the equipment. e.Upon payment for equipment, invoice the State within thirty (30) days for reimbursement of approved costs. f.Be responsible for any unforeseen conditions or circumstances which increase the cost of said work.Should a change in the extent or scope of the work called for in this Agreement become necessary, be obligated to incur and pay for said increased costs. g.Enter into an agreement with the vendor which states that the vendor shall provide services as required and requested throughout the purchase and installation phase of the project. h.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. 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/electrical power and/or landscaping 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.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 thatto 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 purchase and installation work under this Agreement is to be covered by the HSIP 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 HSIP funds, or that certain costs may not be accepted by the federal government as eligible for HSIP funds.Therefore, the City agrees to furnish and provide the difference between actual costs and the HSIP funds received. 4.The cost of the project under this Agreement includes applicable indirect costs approved by the Federal Highway Administration (FHWA). 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.121 0 1-12213) 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 09-09 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 Administration205 S.17th Avenue, Mail Drop 637E Phoenix, Arizona 85007 (602) 712-7124 (602) 712-3132 Fax CITY OF APACHE JUNCTION Attn: Giao N. Pham 575 E Baseline Ave Apache Junction, AZ 85119 (480) 982-1055 (480) 982-8005 Fax 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 Arizona Revised Statutes §.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 and/or § 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. 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 SAM MAROUFKHANI, P.E. Deputy State Engineer, Development JOHN S. INSALACO Mayor ATTEST: By KATHY CONNELLY City Clerk IGA/JPA 10-088 I ATTORNEY APPROVAL FORM FOR THE CITY OF APACHE JUNCTION I have reviewed the above referenced Intergovernmental Agreement between the State of Arizona, acting by and through its DEPARTMENT OF TRANSPORTATION, and the CITY OF APACHE JUNCTION, an Agreement among public agencies which,has been reviewed pursuant to Arizona Revised Statutes § 11-951 through § 11-954 and declare this Agreement to be in proper form and within the powers and authority granted to the City under the laws of the State of Arizona. No opinion is expressed as to the authority of the State to enter into this Agreement. DATED this day of , 2010 City Attorney