HomeMy WebLinkAboutRES 11-02RESOLUTION NO, 11-02
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 OF TRANSPORTATION FOR THE DESIGN,CONSTRUCTION AND
MAINTENANCE OF A LANDFORM GRAPHIC ON U.S. 60 AT IDAHO ROAD.
WHEREAS,the State of Arizona ("State")and the City of
Apache Junction,an Arizona municipal corporation ("City"),
desire to enter into an Intergovernmental Agreement ("IGA")
allowing City to participate in the design,construction and
maintenance of a landform graphic at the US 60 interchange at
Idaho Road; and
WHEREAS,City's participation in maintaining these
improvements will benefit City by enhancing and beautifying the
freeway exits within City limits; and
WHEREAS, the parties have crafted a written agreement which
sets forth the conditions for such arrangement; 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,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
intergovernmental agreement set forth in Attachment A
between the City of Apache Junction and the Arizona
Department of Transportation 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.
PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
APACHE JUNCTION, ARIZONA,THIS 1ST DAY OF MARCH
2011.
SIGNED AND ATTESTED TO THIS 1ST DAY OF
RESOLUTION NO. 11-02
PAGE 1 OF 2
MARCH , 2011.
N S. INSALACO
Mayor
ATTEST:
KATHLEEN CONNELLY
City Clerk
APPROVED AS TO FORM:
RICHARD J. STERN
City Attorney
RESOLUTION NO. 11-02
PAGE 2 OF 2
ATTACHMENT A
ADOT File No.:IGA/JPA 10-153-1
AG Contract No.: P0012011000103
Project No.: TEA 060-C(206)
Project: Landform Graphics
Four quadrants of Idaho Road and
"US 60 , MP 196
TRACS No.:H8032 01D & 01C
Budget Source:75311 & 75312
INTERGOVERNMENTAL AGREEMENT
BETWEEN
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 on behalf of the City.
3.Congress has authorized appropriations for,but not limited to, twelve eligible categories of
Transportation Enhancement (TE)activities and TE funds have been requested from the Federal
Highway Administration (FHWA) through the State for a project within the boundary of the City and
described more fully below of this Section.
4.The interest of the State in this project is the acquisition of Federal funds for the use and benefit
of the City. The State is requesting the Federal funds to be authorized for the project by reason of Federal
law and regulations.
5.The State will design and construct landform graphics in all four quadrants of Idaho Road and US
60 traffic Interchange MP 196 in the City of Apache Junction. The City will maintain the landform
graphics, hereinafter referred to as the "Project."
THEREFORE,in consideration of the mutual covenants expressed herein, it is agreed as follows:
Page 4 IGA/JPA 10-153-1
SCOPE OF WORK
1.The State will:
a.Submit a program to the Federal Highway Administration (FHWA) containing the above
mentioned Project with the recommendation that it be approved for design and construction.
b.Prepare design plans, specifications and an estimate for the Project and submit them to the
City for comments as appropriate. The Project will be constructed by the State using Federal funds.
c.Proceed to advertise for, receive and open bids with the aid and consent of the City and the
FHWA.Enter into a contract(s) with a firm(s) to whom the award is made for the construction of the
Project.Such Project is to be performed, completed, accepted and paid for in accordance with the
instructions and requirements and the Standard Specifications for Road and Bridge construction of the
Arizona Department of Transportation.Request the maximum Federal funds available including
construction engineering and administration costs.
d.Not be obligated to maintain the Project should the City fail to budget or provide for the proper
and perpetual maintenance as set forth in this Agreement.
2.The City will:
a.Review the design documents required for construction of the Project, and provide comments
to the State as appropriate.
b.Be obligated to incur the cost increase of said work due to unforeseen conditions or
circumstances required by the change in the extent or scope of the work called for by the City, in this
Agreement; any such changes additions or deletions must require the prior approval of the State.
c.Upon completion of construction, the City shall provide for, at its own cost and as an annual
item in its budget, perpetual and proper maintenance of said project.
d.Be responsible for maintaining the landform graphics in all four quadrants by keeping
surfaces reasonable clean of gravels and other debris,repairing cracks and defects in the graphic
surfaces, be responsible for any repairs necessary to the landform graphics.
e.Be responsible for the ongoing maintenance which shall include but not be limited to: keeping
the surface and surrounding areas free of all debris, undesirable weeds, grasses, trash and litter that
might be necessary for the components of the Project.
f.Obtain,per established ADOT's Phoenix District procedures a valid permit for the
routine/normal maintenance and emergency maintenance work provided by the City within the State's
rights of way.
g.Conduct all maintenance work in a manner to minimize traffic congestion and interference
with through -traffic.All traffic control will meet the requirements of the Manual on Uniformed Traffic
Control Devices (MUTCD) for Streets and Highways, as per Arizona Revised Statutes § 28-641.
III.MISCELLANEOUS PROVISIONS
1.The terms, conditions and provisions of this Agreement shall remain in full force and effect until
completion of said Project.However,any provisions for the landform graphic maintenance shall be
provided by the City in perpetuity. This Agreement may be cancelled at any time prior to the award of the
Project construction contract, upon a (30) day written notice to the either Party.
It is understood and agreed that, in the event the City terminates this Agreement, the State shall in no
Page 5 IGA/JPA 10-153-1
way be obligated to maintain said Project.
2.Each party (as "indemnitor) agrees to indemnify, defend, and hold harmless the other party (as
"indemnitee") from and against any and all claims, losses, liability, costs or other expenses (including, but
not limited to, reasonable attorneys fees) (hereinafter collectively referred to as "claims") arising out of
bodily injury of any person (including death), property damage and any other claims (including, but not
limited to, claims of derivative or vicarious liability), which are caused by the act, omission, negligence,
misconduct or other fault of the indemnitor, its officers, officials, agents, employees or volunteers.
3.This Agreement shall become effective upon signing and dating of the Determination Letter by
the State's Attorney General.
4.The cost of the Project under this Agreement includes applicable indirect costs approved by the
Federal Highway Administration (FHWA).
5.The City warrants compliance with the Federal Funding Accountability and Transparency Act of
2006 and associated 2008 amendments and with Arizona Revised Statutes § 41-725.
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.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.
9.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
Public Works
575 E. Baseline Ave
Apache Junction 85119
Public Works Manager,
Shane Kiesow
skiesow@ajcity.net
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 99-4 issued by the Governor of the State of Arizona and incorporated herein by reference
regarding "Non -Discrimination".
11. 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.
12. Compliance requirements for Arizona Revised Statutes § 41-4401—immigration laws and E-
Verify requirement:
a.Compliance with all Federal immigration laws and regulations relating to employees and
warrants its compliance with Arizona Revised Statutes § 23-214, Subsection A.
Page 6 IGA/JPA 10-1534
b.A breach of a warranty regarding compliance with immigration laws and regulations shall be
deemed a material breach of the contract; the Parties may be subject to penalties up to and including
termination of the Agreement.
c.The Parties shall retain the legal right to inspect the papers of any employee who works on
the Project to ensure that the contractor 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
JOHN S. INSALACO SAM MAROUFKHANI, P.E.
Mayor of Apache Junction Deputy State Engineer, Development
ATTEST:
By
KATHY CON NELLY
Clerk of Apache Junction
January 3rd, 2011-ly
JPA 10-153-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 FC-13RUAPY _, 2011.
City Attorney