HomeMy WebLinkAboutRES 10-40RESOLUTION NO. 10-40
A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF
APACHE JUNCTION,ARIZONA, AUTHORIZING THE CITY TO ENTER
INTO AN INTERGOVERNMENTAL AGREEMENT WITH MARICOPA COUNTY
(DEPARTMENT OF TRANSPORTATION)FOR TRAFFIC SIGNALIZATION
AND INTERSECTION IMPROVEMENTS AT SOUTHERN AVENUE AND
MERIDIAN ROAD.
WHEREAS,A.R.S.§§11-251 and 28-6701 et seq.authorize
Maricopa County (the "County")to layout, maintain, control and
manage public roads within the County; and
WHEREAS, A.R.S. § 11-951 et seq.authorizes public agencies
to enter into intergovernmental agreements for the provision of
services or for joint or cooperative action; and
WHEREAS,in April 2009,the County initiated a scoping
study to assess the intersection of Southern Avenue and Meridian
Road (the "Intersection"),and it was determined that the
intersection meets warrants for the installation of a traffic
signal; and
WHEREAS,the Intersection is partially located within the
City of Apache Junction (the "City")corporate limits and also
the County's jurisdiction; and
WHEREAS,installation of a traffic signal at the
Intersection requires geometric improvements to add left turn
lanes,upgrading of drainage facilities, pedestrian ramps and a
guardrail on the west approach to the Intersection (the
"Project"); and
WHEREAS,right-of-way acquisitions will be required for the
northwest, northeast and southeast corners of the Intersection;
and
WHEREAS,the current estimated total cost for the Project
is $2.7 million,$700,000 of which will be the City's
responsibility; and
WHEREAS,construction of the Project is anticipated to
begin in fiscal year 2013; and
RESOLUTION NO. 10-40
PAGE 1 OF 2
WHEREAS, the County and the City have created an agreement
that identifies and defines the responsibilities of each party
for cost sharing, design, environmental clearance, utilities and
utility relocation,construction,construction management,and
right-of-way acquisitions of the roadway.
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 intergovernmental
agreement between the City and the County, attached hereto
as Attachment A,and the Mayor is hereby authorized to sign
the agreement on behalf of the City.
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.
PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
APACHE JUNCTION, ARIZONA,THIS 16TH DAY OF NOVEMBER
2010.
SIGNED AND ATTESTED TO THIS 16TH DAY OF NOVEMBER , 2010.
JON S. INSALACO
Mayor
ATTEST:
KATHLEEN CONNELLY
City Clerk
APPROVED AS TO FORM:
RICHARD J. STERN
City Attorney
RESOLUTION NO. 10-40
PAGE 2 OF 2
et—Zer
ATTACHMENT A
INTERGOVERNMENTAL AGREEMENT
BETWEEN MARICOPA COUNTY AND THE CITY OF APACHE JUNCTION
FOR TRAFFIC SIGNALIZATION AND INTERSECTION IMPROVEMENTS
AT SOUTHERN AVENUE AND MERIDIAN ROAD
(MCDOT Project #11315)
(C-91-11--2-00)
This Intergovernmental Agreement ("Agreement")is between the County of Maricopa, a
political subdivision of the State,acting through the Maricopa County Department of
Transportation ("County"),and the City of Apache Junction,an Arizona municipal
corporation ("City").The County and the City are collectively referred to as the "Parties"or
individually as a "Party".
This Agreement shall become effective as of the date it is approved by the Maricopa County
Board of Supervisors and may be recorded with the Maricopa County Recorder.
STATUTORY AUTHORIZATION
1.A.R.S.§11-251 and §§28-6701 et seq.authorize the County to layout,maintain,
control and manage public roads within the County.
2.A.R.S.§§11-951 et seq.authorize public agencies to enter into Intergovernmental
Agreements for the provision of services or for joint or cooperative action.
BACKGROUND
3.The County initiated a project scoping study in April 2009 to assess the intersection of
Southern Avenue and Meridian Road.It was determined at that time that the
intersection met warrants for the installation of a traffic signal.
4.Installation of a traffic signal at this intersection requires geometric improvements to
add left turn lanes, upgrading of drainage facilities, pedestrian ramps and guardrail on
the west approach to the intersection.
5.Right-of-way acquisitions will be required for the northwest, northeast and southeast
corners of the intersection.
Page 1 of 7
6.The current estimated total cost for the Project is $2.7 Million.
7.Construction of the Project is anticipated to begin in FY2013.
PURPOSE OF THE AGREEMENT
8.The purpose of this Agreement is to identify and define the responsibilities of the County
and the City for the cost sharing, design, environmental clearance, utilities and utility
relocation, construction,construction management, and right-of-way acquisitions of the
roadway.
TERMS OF THE AGREEMENT
9.Responsibilities of the County:
9.1 The County shall coordinate with the City for all phases of the Project.
9.2 The County shall provide to the City a set of final 100%sealed plans and
specifications.
9.3 The County shall act as lead agency for the Project to include, but not be limited
to, design, environmental clearance, utilities and utility relocation, construction and
construction management of this Project.
9.4 The County shall take the lead in creating the required documents for right-of-way
acquisitions and will manage the overall acquisition process, and if necessary
assist in negotiations for final right of way. This process will include, but not be
limited to, obtaining the title reports, drafting the legal descriptions, and completing
the appraisals for the Project area.
i.The County will be responsible for completing the right-of-way acquisition
on the northwest corner of the Project area,including utilizing
condemnation if necessary.
ii.The County will obtain title reports, draft the legal descriptions, and will
complete appraisals for all three corners of the intersection.
9.5 Upon substantial completion of the Project, the County shall invoice the City for
50% of the total Project costs or $700,000, whichever is less.
i.The County will be responsible for 100% of any additional Project costs
after the City has satisfied its $700,000 cost share responsibility.
9.6 The County shall retain ownership, operation and maintenance responsibilities for
the traffic signal at the Project intersection.
Page 2 of 7
9.7 The County shall be responsible for the operation and maintenance of storm
drainage improvements within the County's right-of-way.
10.Responsibilities of the City:
10.1 The City shall coordinate with the County for all phases of the Project.
10.2 The City shall review the plans and specifications provided by the County within 15
calendar days of receipt.
10.3 Upon the execution of this Agreement, the City shall issue a letter of authorization
for the County to proceed with utility relocations, pot -holing and other Project —
associated activities within the City's jurisdictional boundaries.
10.4 The City shall issue no fee permits to the County for Project — related work
conducted in the City's jurisdictional boundaries.
10.5 The City shall collaborate with the County in the completion of the technical
aspects of the right-of-way acquisition process to include, but not be limited to,
obtaining title reports, drafting legal descriptions, and completing appraisals.
i.The City will use right-of-way documentation prepared by the County (i.e.
title reports, legal descriptions, appraisals, etc.) and will participate with the
County to complete acquisitions on the northeast and southeast corner of
Project area.
ii.If condemnation action(s)is needed to accomplish the right of way
acquisition described in 10.5.i, the City shall be responsible to facilitate
such proceedings with either the City Attorney,or the Pinal County
Attorney, depending on the applicable jurisdiction.
iii.The failure of the City to persuade Pinal County to use the power of
condemnation/eminent domain for right-of-way acquisition shall not result
any liability to the City and City shall not pay any monetary damages for
such failure regardless of the effect such inability to acquire such property
has on completion of the Project.
10.6 Upon substantial completion and acceptance of the Project, the City shall remit
payment to the County for 50% of the total Project costs or $700,000, whichever is
less.
i.The City shall remit payment within thirty (30) calendar days of the receipt
of a proper invoice.
Page 3 of 7
GENERAL TERMS AND CONDITIONS
11.By entering into this Agreement, the Parties agree that to the extent permitted by law,
each Party will indemnify and save the other Parties harmless, including any of the
Parties' departments, agencies, officers, employees, elected officials or agents, from
and against all loss, expense, damage or claim of any nature whatsoever which is
caused by any activity,condition or event arising out of the performance or
nonperformance by the indemnifying Party of any of the provisions of this Agreement.
By entering into this Agreement, each Party indemnifies the other against all liability,
losses and damages of any nature for or on account of any injuries or death of persons
or damages to or destruction of property arising out of, pertaining to, or in any way
connected with the performance or nonperformance of this Agreement, except such
injury or damage as shall have been occasioned by the negligence of that other Party.
The damages which are the subject of this indemnity shall include but not be limited to
the damages incurred by any Party,its departments, agencies, appointees, officers,
employees, elected officials or agents. In the event of an action, the damages which are
the subject of this indemnity shall include costs, expenses of litigation and reasonable
attorney fees.
12.This Agreement shall become effective as of the date it is approved by the Maricopa
County Board of Supervisors and may be recorded with the Maricopa County Recorder,
and remain in full force and effect until all stipulations previously indicated have been
satisfied except that it may be amended upon written Agreement by all Parties. Any
Party may terminate this Agreement upon furnishing the other Parties with a written
notice at least thirty (30) calendar days prior to the effective termination date.
13.This Agreement shall be subject to the provisions of A.R.S. §38-511.
14.The Parties warrant that they are in compliance with A.R.S. § 41-4401 and further
acknowledge that:
14.1 Any contractor or subcontractor who is contracted by a Party to perform work on
the Project shall warrant their compliance with all federal immigration laws and
regulations that relate to their employees and their compliance with A.R.S. § 23-
214(A)and shall keep a record of the verification for the duration of the
employee's employment or at least three years, whichever is longer;
14.2 That any breach of the warranty,shall be deemed a material breach of the
contract that is subject to penalties up to and including termination of the contract;
14.3 The Parties retain the legal right to inspect the papers of any contractor or
subcontractor employee who works on the Project to ensure that the contractor or
subcontractor is complying with the warranty above and that the contractor agrees
to make all papers and employment records of said employee available during
normal working hours in order to facilitate such an inspection;
14.4 Nothing in this Agreement shall make any contractor or subcontractor an agent or
employee of the Parties to this Agreement.
Page 4 of 7
15.The Parties warrant that they do not have scrutinized business operations in Sudan or
Iran, as prohibited by ARS §§ 35-391.06 and 35-393.06, and further acknowledge that
any contractor or subcontractor who is contracted by a party to perform work on the
Project shall warrant that they do not have scrutinized business operations in Sudan or
Iran.
16.Each Party in this Agreement warrants that neither it nor any contractor or vendor under
contract with the Party to provide goods or services toward the accomplishment of the
objectives of this Agreement are not suspended or debarred by any federal agency
which has provided funding that will be used in the Project described in this Agreement.
17.This Agreement does not imply authority to perform any tasks,or accept any
responsibility, not expressly stated in this Agreement.
18.This Agreement does not create a duty or responsibility unless the intention to do so is
clearly and unambiguously stated in this Agreement.
19.This Agreement shall not be modified or extended except by written instrument adopted
under the requirements for adopting a new agreement.
20.This Agreement does not grant authority to control the subject roadway, except to the
extent necessary to perform the tasks expressly undertaken pursuant to this
Agreement.
21.Any funding provided for in this Agreement, other than in the current fiscal year, is
contingent upon being budgeted and appropriated by the Maricopa County Board of
Supervisors and the Apache Junction City Council in such fiscal year.
22.This Agreement has been arrived at by negotiation and shall not be construed against
any Party or against the Party who prepared the last draft.
End of Agreement - Signature Pages Follow
Page 5 of 7
SIGNATURE PAGE(S)
MARICOPA COUNTY
Recommended by:
John B. Hauskins, P.E.Date
Transportation Director
Approved and Accepted by:
Don Stapley Date
Chairman, Board of Supervisors
Attest by:
Fran McCarroll Date
Clerk of the Board
APPROVAL OF COUNTY BOS ATTORNEY
I hereby state that I have reviewed the proposed Intergovernmental Agreement and declare the
Agreement to be in proper form and within the powers and authority granted to the Parties by
their respective governing bodies under the laws of the State of Arizona.
BOS Attorney Date
Page 6 of 7
CITY OF APACHE JUNCTION
Recommended by:
tHoffman Date
Town Manager
Approved and Accepted by:
17/e4
hn S. Insalaco Date
Mayor
Attest by:
Kathy Connelly
City Clerk
/ b
APPROVAL OF CITY ATTORNEY
I hereby state that I have reviewed the proposed Intergovernmental Agreement and declare the
Agreement to be in proper form and within the powers and authority granted to the Parties by
their respective governing bodies under the laws of the State of Arizona.
R.J. Stern
City Attorney
ii•i0
Date
Page 7 of 7