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HomeMy WebLinkAboutRES 11-27RESOLUTION NO. 11-27 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 FUNDS. 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 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 an intersection safety improvement project at the intersection of Idaho Road and Old West Highway (the "Project"); and WHEREAS,the State shall be the designated agent for the City; and WHEREAS, the estimated design total cost of the Project is $39,147.00,including Civil Engineering Design and State Design Review, which represents 100% funding; and WHEREAS,Federal -aid funds will contribute $36,916.00 for design of the Project; and WHEREAS,the required City leftover matching funds for design of the Project is $2,231.00; and WHEREAS, the attached written agreement ("IGA/JPA 11-0891") sets forth the financial and administrative conditions for design of the Project. 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 hereby approve the attached intergovernmental agreement between the City of Apache RESOLUTION NO. 11-27 PAGE 1 OF 2 Junction and the Arizona Department of Transportation ("IGA/JPA 11-0891")and the Mayor is hereby authorized to sign the agreement on behalf of the City. 2)Under the terms of IGA/JPA 11-0891,the City will pay for the design costs associated with 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 19TH DAY OF JULY 2011. SIGNED AND ATTESTED TO THIS 19TH DAY OF ,749.14N S. INSALACO Mayor JULY ATTEST: KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM: c:30 761( RICHARD J. STERN City Attorney RESOLUTION NO. 11-27 PAGE 2 OF 2 aititee12,64t) , 2011. ADOT File No.: IGA/JPA 11-0891 AG Contract No.: P001 2011 002114 Project: Construction & Installation Section: Idaho Rd @ Old West Highway Federal Project No.: APJ-0(204)A ADOT Project No.: SH496 03D/01C COG/MPO TIP Item No.: FMPO Budget Source Item No.: 72811/12 INTERGOVERNMENTAL AGREEMENT BETWEEN THE STATE OF ARIZONA AND THE CITY OF APACHE JUNCTION PLEASF no NOT PA/Tca 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.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, the Federal Highway Administration (FHWA) and the City have identified systematic improvements within the City as eligible for this funding. 4.The improvements proposed in this Agreement, hereinafter referred to as the 'Project,' include the design and construction for the installation of medians and upgrading of pedestrian ramps, crosswalks and drainage work.The State will utilize a State On -Call Consultant firm to complete the Project design work.The State will advertise, bid and award a contract for the construction phase of the Project. 5.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. Page 2 IGA/JPA 11-0891 The current Project costs are as follows: ADOT Project No.: SH496 03D/01C SH496 03D (design): HSIP funds @ 94.3%$36,916.00 City's match @ 5.7%$2.231.00 Subtotal — Design $39,147.00 SH496 01C (construction): HSIP funds @ 94.3%$182,224.00 City's match @ 5.7%$11,015.00 Subtotal — Construction*$ 193,239.00 Total Estimated City Funds $13,246.00 TOTAL FEDERAL FUNDS $ 219,140.00 *TOTAL Estimated Project Costs $ 232,386.00 *(Includes CE and project contingencies) 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. The Project will be performed, completed, accepted and paid for in accordance with the Project plans and specifications. THEREFORE,in consideration of the mutual Agreements expressed herein, it is agreed as follows: II.SCOPE OF WORK 1.The State will: a.Upon receipt of the City's estimated design share of the Project, submit to the Federal Highway Administration (FHWA) all required documentation pertaining to the above -mentioned Project with the recommendation that funding be approved for design. b.On behalf of the City, perform work 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 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. Page 3 IGAMPA 11-0891 c.Request the maximum HSIP funds programmed for this Project,including City contract administration costs.Should costs exceed the maximum HSIP funds available it is understood and agreed that the City will be responsible for any overage. d.Upon completion of design, and prior to construction, invoice the City, for the City's share of construction costs.Once the Project costs have been finalized, the State will either invoice or reimburse the City for the difference between estimated and actual costs. e.Submit to the• FHWA all required documentation pertaining to the Project with the recommendation that funding be approved for construction. f.Upon approval by FHWA, receipt of all City funds, and with the aid and consent of the City and the FHWA, the State shall proceed to advertise for, receive and open construction bids subject to the concurrence of the FHWA and the City, for whom the award is made and enter into a contract(s) with a firms(s) for the construction of the Project. g.Hereby be granted, without cost requirements, the right to enter City right-of-way as required to conduct any and all construction and pre -construction related activities for said Project, including without limitation, temporary construction easements or temporary rights -of -entry on to and over said rights -of -way of the City. 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.Designate the State as authorized agent for the City, if such project is approved by the FHWA and project funds are available for the design and construction of the Project. b.Within thirty (30) days of receipt of an invoice from the State, and prior to the performance or authorization of any work, remit $2,231.00 to the State, the amount equal to the difference between the total costs of the design work provided for in this Agreement and the total amount of Federal funds (capped) allocated for the design of this Project. c.Review design plans, specifications and other such documents and services required for the construction bidding and 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 $11,015.00. e.Be obligated to incur any expenditure should unforeseen conditions or circumstances increase the cost of said work required by a change in the extent of scope of the work requested by the City.Such changes require the prior approval of the State and FHWA.Be responsible for any contractor claims for additional compensation caused by Project delays attributable to the City. Payment for these costs shall be made within thirty (30) days of receipt of an 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, as applicable. Page 4 IGA/JPA 11-0891 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 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 will pay for said increased costs. j.Enter into an agreement with the State's On -Call design consultant which states that the design consultant shall provide services as required and requested throughout the design and construction phases of the Project. k.Require the design consultant to 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 and assume full responsibility of said Project in writing. m.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 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 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 Page 5 IGA/JPA 11-0891 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 resolution of related deposits and reimbursements. 4.The cost of design, construction and construction engineering 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. 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. 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 Page 6 IGA/JPA 11-0891 For Financial Matters: Donna Meinerts, Finance Director 300 E. Superstition Blvd. Apache Junction, AZ 85119 (480) 474-5451 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 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). 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 (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 70 L - JOHN S. INSALACO Mayor ATTEST: B O I 4 1 . 4 >1- 0 4 _ KATHY CONNELLY City Clerk Department of Transportation By SAM MAROUFKHANI, P.E. Deputy State Engineer, Development IGA/JPA 11-0891 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. "rmDATED this I City Attorney day of Tv ,2011.