HomeMy WebLinkAboutRES 11-26RESOLUTION NO. 11-26
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 ARIZONA
DEPARTMENT O F TRANSPORTATION FOR HIGHWAY SAFETY
IMPROVEMENT PROGRAM GRANT MONEY.
WHEREAS,Congress established the Surface Transportation
Program ("STP")for the specific purpose of enhancing,
repairing,maintaining,rebuilding,and rehabilitating
transportation infrastructure; and
WHEREAS,the State 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 design of a roadway
improvement project o n Ironwood Drive (the "Project")from
Broadway Avenue to Apace Trail ("Phase III" of the Project); and
WHEREAS,the State shall be the designated agent for the
City; and
WHEREAS,the estimated total cost of the Project is
$147,410.00,including Civil Engineering Design and State Design
Review, which represents 100% funding; and
WHEREAS,Federal -aid funds will contribute $130,000.00 for
design of the Project; and
WHEREAS,the required City leftover matching funds for
design of the Project is $17,410.00; and
WHEREAS,the attached written agreement ("IGA/JPA 11-1101")
sets forth the financial and administrative conditions for
design of Phase III of the Project.
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
RESOLUTION NO. 11-26
PAGE 1 OF 2
Junction and the Arizona Department of Transportation
("IGA/JPA 11-1101")and the Mayor is hereby authorized to
sign the agreement on behalf of the City.
2)Under the terms o f IGA/JPA 11-1101,the City will pay for
the design costs associated with Phase III of the Project.
3)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.
PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
APACHE JUNCTION, ARIZONA,THIS 21ST DAY OF JUNE
2011.
SIGNED AND ATTESTED TO THIS 21ST DAY OF JUNF
aOHN S. INSALACO
Mayor
ATTEST:
KATHLEEN CONNELLY
City Clerk
APPROVED AS TO FORM:
cZ Y II
RICHARD J. STERN
City Attorney
RESOLUTION NO. 11-26
PAGE 2 OF 2
, 2011.
ADOT File No.: IGA/JPA 11-1101
AG Contract No.: P001 2011 001962
Project: Ironwood Drive
Section: Broadway Avenue to Apache
Trail
Federal Aid No.: STP-APJ-0(205)A
0000 MA APJ
ADOT Project No.:SS984 03D/01C
TIP/STIP No.: CAAG 2012-2016 .
Budget Source Item No.: NA
INTERGOVERNMENTAL AGREEMENT
BETVVEEN
THE STATE OF ARIZONA
AND
CITY OF APACHE JUNCTION
THIS AGREEMENT is entered into this date , 2011, 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.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.
4.The interest of the State in this project is the acquisition and distribution of federal funds for the
use and benefit of the City and to authorize such federal funds for the project pursuant to Federal law and
regulations. The State shall be the designated agent for the City.
5.The scope of work includes the reconstruction of existing roadway on Ironwood Drive between
Broadway Avenue and Apache Trail with improvements to drainage, sidewalks, and curb and gutter,
hereinafter referred to as the "Project". The State shall advertise, bid and award the Project.
Page 2 IGA/JPA 11-1101
6.The Federal funds will be used for the design and construction of the project, including the
construction engineering and administration cost (CE).
The estimated Project costs are as follows:
ADOT Project No. SS984 03D/01C
SS984 03D (design)
Federal -aid Funds @ 94.3% (capped)$130,000.00
City's match @ 5.7%$7,410.00
State Design Review Fee (non -reimbursable)$10.000.00
Subtotal — Design $147,410.00
SS984 01C (construction)
Federal -aid Funds @ 94.3% (capped)$1,070,000.00
City's match @ 5.7%$64,470.00
Subtotal — Construction*$ 1,134,470.00
Total (design and construction)
*TOTAL FEDERAL FUNDS (STP)
Total Estimated City Funds
*Total Estimated Project Costs
*(Includes CE and project contingencies)
$ 1,200,000.00
$81,880.00
$ 1,281,880.00
The Parties acknowledge that the final bid amount may exceed the initial estimate(s) shown above, and in
such case, the City is responsible for, and agrees to pay, any and all eventual, actual costs exceeding
the initial estimate. If the final bid amount is less than the initial estimate, the difference between the final
bid amount and the initial estimate will be de -obligated or otherwise released from the Project. The City
acknowledges it remains responsible for, and agrees to pay according to the terms of this Agreement,
any and all eventual, actual costs exceeding the final bid amount.
THEREFORE, in consideration of the mutual agreements expressed herein, it is agreed as follows:
II.SCOPE OF WORK
1.The State will:
a.Upon execution of this Agreement, and prior to performing or authorizing any work, invoice
the City for the State's design review fee, currently estimated at $10,000.00 and the City's estimated
share of the design portion of the Project, currently estimated at $7,410.000.Once the Project costs have
been finalized, the State will either invoice or reimburse the City for the difference between estimated and
actual costs. The State will prepare a final reconciliation upon completion of the Project.
Page 3 IGA/JPA 11-1101
b.On behalf of the City,use one of the State's on -call design companies to prepare all
pertaining documents for the project; review and approve documents required by FHWA to qualify certain
projects for and to receive Federal funds.Such documents may consist of, but are not specifically limited
to,environmental documents;the preparation of the analysis requirements for documentation of
environmental categorical exclusion determinations; review of prepared 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.Incorporate comments
from the City as appropriate.
c.Review the design plans, specifications and other such documents and services required for
the construction bidding and construction of the Project and incorporate comments from the City as
appropriate.
d.On behalf of the City, perform work and prepare documents required by the FHWA to qualify
certain projects for and to receive federal 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.
e.Request the maximum programmed federal funds for the design and construction of this
Project.Should costs exceed the maximum federal funds available, it is understood and agreed that the
City will be responsible for any overage.
f.Upon completion of design, and prior to bid advertisement, invoice the City, for the City's
share of funds for the construction costs of the Project currently estimated at $64,470.00.Once the
Project costs have been finalized, the State will either invoice or reimburse the City for the difference
between estimated and actual costs.
g.Upon approval by the FHWA, and receipt of the City's funds, proceed to advertise for, receive
and open bids.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).
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.
2.The City will:
a.Upon execution of this Agreement, designate the State as authorized agent for the City.
b.Within thirty (30) days of receipt of an invoice from the State, and prior to the performance or
authorization of any work, remit to the State, the City's estimated share of funds for the design costs of
the Project in the amount equal to the difference between the total design costs of the work provided for
in this Agreement and the total amount of Federal funds (capped) allocated for the design of this Project,
currently estimated at $17,410.00.
c.Review the design documents required for construction of the Project and provide comments
to the State as appropriate.
d.Upon completion of design, within thirty (30) days of receipt of an invoice from the State, and
prior to bid advertisement, remit to the State, the City's estimated share of funds for the construction costs
of the Project in the amount equal to the difference between the total costs of the work provided for in this
Agreement and the amount of Federal Aid (capped) received, currently estimated at $64,470.00.
Page 4 IGA/JPA 11-110I
e.Be responsible for all costs in excess of the maximum amount of federal funds and for any
costs ineligible for federal funds.Such costs shall be paid by the City within thirty (30) days of receipt of
invoice from the State.
f.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.Coordinate with the appropriate State's Right -of -Way
personnel during any right-of-way process performed by the City, if applicable.
g.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.
h.Hereby grant the State,its agents and/or contractors, without cost, the right to enter City
Rights -of -Way, as required, to conduct any and all construction and preconstruction related activities,
including without limitation, temporary construction easements or temporary Rights -of -Entry to accomplish
among other things, soil and foundation investigations.
i.Be responsible for any and all costs attributable to any engineering change orders requested
by the City not covered by federal funds.The City will also be responsible for contractor claims for
additional compensation caused by Project delays attributable to the City.
j.Provide for cost and proper maintenance of the Project,including all of the Project
components.
k.Enter into an agreement with the State's 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.
I.Request the design consultant 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.
m.Upon completion of the Project, agree to accept, maintain and assume full responsibility of
said Project in writing.
n.Pursuant to 23 USC 102(b),repay all Federal funds reimbursements for preliminary
engineering costs on the Project if it does not advance to right of way acquisition or construction within
ten (10) years after Federal funds were first made available.
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/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 (30) days 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
Page 5 IGA/JPA 11-110!
understood and agreed that the States 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, defend 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.This agreement shall remain in force and effect until completion of the work and related deposits
and reimbursements.
4.The cost of design, construction and construction engineering work under this Agreement is to be
covered by the federal 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 federal
funds, or that certain costs may not be accepted by the federal government as eligible for federal funds.
Therefore, the City agrees to furnish and provide the difference between actual costs and the federal
funds received.
5.The cost of the project under this Agreement includes applicable indirect costs approved by the
FHWA.
6.The City and the State warrant compliance with the Federal Funding Accountability and
Transparency Act of 2006 and associated 2008 Amendments (the "Act").Additionally, in a timely
manner, the City will provide information that is requested by the State to enable the State to comply with
the requirements of the Act, as may be applicable.
7.This Agreement shall become effective upon signing and dating of the Determination Letter by
the State's Attorney General.
8.This Agreement may be cancelled in accordance with Arizona Revised Statutes § 38-511.
9.To the extent applicable under law, the provisions set forth in Arizona Revised Statutes § 35-214
and § 35-215 shall apply to this Agreement.
10. 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 2009-09 issued by the Governor of the State of Arizona and incorporated herein by reference
regarding "Non -Discrimination".
11. Non -Availability of Funds: Every obligation of the State under this Agreement is conditioned upon
the availability of funds appropriated or allocated for the fulfillment 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.
12. 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.
Page 6 IGA/JPA 11-1101
13. 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
(602) 712-3132 Fax
City of Apache Junction
Attn: Giao Pham, P.E.
575 E Baseline Avenue
Apache Junction, Arizona 85119
(480) 982-1055
(480) 982-8005 Fax
For City Financial Matters:
Donna Meinerts, Finance Director
300 E Superstition Blvd
Apache Junction, Arizona 85119
(480) 474-5451
(480) 982-7010 Fax
14. 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(A).
b.A breach of a warranty regarding compliance with immigration laws and regulations shall be
deemed a material breach of the Agreement, 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).
15. 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.
16. The Parties hereto shall comply with all applicable laws, rules, regulations and ordinances, as
may be amended.
17. In accordance with Arizona Revised Statutes § 11-952(0) 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.
Page 7 IGA/JPA 11-1101
IN WITNESS WHEREOF,the Parties have executed this Agreement the day and year first above written.
CITY OF APACHE JUNCTION
d L L v
JOHN INSALACO
STATE OF ARIZONA
Department of Transportation
By
Mayor SAM MAROUFKHANI, P.E.
Deputy State Engineer, Development
ATTEST:
By
KATHY CONNELLY
City Clerk
IGA/JPA 11-1101
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 a -0 °1 , 2011.
City Attorney