HomeMy WebLinkAboutRES 12-09RESOLUTION NO. 12-09
A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY
OF APACHE JUNCTION,ARIZONA,AUTHORIZING THE CITY TO
ENTER INTO AN INTERGOVERNMENTAL AGREEMENT FOR THE USE
OF A SAFE ROUTES TO SCHOOL INFRASTRUCTURE GRANT.
WHEREAS, the City of Apache Junction, Arizona ("City"), and
the Arizona Department of Transportation ("ADOT")desire to
enter into an Intergovernmental Agreement ("IGA") allowing City
to accept and complete a Safe Routes to School grant which
includes the installation of sidewalks and bike lanes at local
elementary and middle schools; 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)et seq.,public
entities may enter into intergovernmental agreements with other
municipalities and government entities 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 approve the Safe Route to
Schools Grant Intergovernmental Agreement and the Mayor is
hereby authorized to sign the agreement on behalf of the
City.
2) Management staff is authorized to carry out the goals and
objectives of the grant,to include fulfilling all
administrative and programmatic requirements.
RESOLUTION NO. 12-09
PAGE 1 OF 2
PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
APACHE JUNCTION,ARIZONA,THIS 17TH DAY OF APRIL ,2012,and
SIGNED AND ATTESTED TO THIS 17TH DAY OF APRIL
ATTEST:
KATHLEEN CONNELLY
City Clerk
APPROVED AS TO FORM:
RICHARD J .STERN
City Attorney
RESOLUTION NO.12-09
PAGE 2 OF 2
, 2012.
N S.INSALACO
ayor
ADOT File No.:IGA/JPA 11-2104
AG Contract No.: P0012012
Federal Project No: APJ-0(206)A
Project: Concrete sidewalk & bike lane
ADOT Project No.: SF003 02D & 01C
STIP Amendment 42
INTERGOVERNMENTAL AGREEMENT
BETVVEEN
THE STATE OF ARIZONA
AND
CITY OF APACHE JUNCTION
THIS AGREEMENT is entered into this date (effective date) 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 APACHE JUNCTION, acting by
and through its City 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.The Federal—aid Safe Routes to School Program (hereinafter referred to as the SRTS Program)
was created by Section 1404 of the Safe, Accountable, Flexible, Efficient Transportation Equity Act; a
Legacy for Users Act (SAFETEA-LU) signed into Public Law (P.L. 109-59) on August 10, 2005.The
Federal — aid SRTS Program is administered by the Federal Highway Administration (FHWA) Office of
Safety and provides federal funds to State Departments of Transportation to create and administer SRTS
programs in accordance with a formula specified in the legislation.Projects eligible for funding under the
SRTS Program are under the category for infrastructure — related projects or non -infrastructure — related
activities.
4.The City has submitted an application to the State for eligible SRTS funding and has been
approved by FHWA for federal funds.The interest of the State in this project is the acquisition of Federal
funds for the use and benefit of PAT pursuant to the SRTS programs (section 1401(f)(2)(A)) Federal Law
and regulations.
5.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.
6.The State will be the City's designated agent for obtaining Federal funds for the City. The City will
enter into an agreement with one of the State's On -Call Design Consultant firms to prepare necessary
documents and design plans in conformance with the federal project development process. The State will
administer the construction phase of the project.
Page 2 IGA/JPA 11-2104
7.The project consists of designing and constructing concrete sidewalk with curb & gutter and bike
lanes hereinafter referred to as the "Project'. Listed are the following locations for concrete sidewalks &
bike lanes:
a)East side of Ironwood Drive between Broadway Avenue and 4th Avenue across from
Superstition Mountain Elementary School a 1039 foot concrete sidewalk with curb & gutter.
b)West side of Idaho Road at Tepee Street south of Four Peaks Elementary School a 399 foot
concrete sidewalk with 341 feet of curb and gutter.
C) West side of Idaho Road from Tepee Street to Foothill Street sidewalk with curb and gutter
d)Four Peaks Elementary School to the public library a 1.4 mile bike lane.
ADOT Project No. SF003 02D & 01C
100 % Federal funds amount:
(Includes 15% CE and 5% Project contingencies)
Scoping $ 33,264.00
Design $ 53,240.00
Construction $204,166.00
Estimated Project Costs for Design & Construction $291,166.00
(No ADOT review fee)
Parties acknowledge that the actual cost may exceed the estimate, and such case the City is responsible
for any and all costs exceeding the federal amount.
Federal funding for the project is subject to de -obligation and can be released from the project if:
a) A reimbursement request is not received within twelve (12) months after the date of initial authorization
or, b) unless sufficient justifications regarding the delay of the Project are provided to the State and
FHWA in writing.
THEREFORE, in consideration of the mutual covenants expressed herein, it is agreed as follows:
II.SCOPE OF WORK
1.The State will:
a.Upon execution of this Agreement, act as the City's designating agent.
b.Request the maximum Federal funds be programmed for the design and construction of this
Project.Should costs be deemed ineligible or exceed the maximum Federal funds available,it is
understood and agreed that the City will be responsible for these costs.
c.On behalf of the City, the design consultant will prepare all pertaining documents for the project;
review and approve documents required by FHWA to qualify project 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 specification; 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.
d.Send a review set of all design plans and project documents prepared by the design consultant to
the City.Review design plans and project documents for said Project and, provide comments to the City
and the design consultant as appropriate.
Page 3 IGA/JPA 11-210-1
e.Not be obligated to incur any expenditure on behalf of the City in excess of the amount
referenced herein.Should costs exceed the maximum Federal funds available, or unforeseen conditions
or circumstances increase the cost of said work required by a change in the extent or scope of the work
called for in this Agreement, it is understood and agreed that the City will be responsible for any overage.
f.Make all payments to the Design Consultant.
g.Upon approval by the FHWA, 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).Should costs exceed
the maximum federal funds available, it is understood and agreed that the City will be responsible for any
overage.
h.Receive written concurrence from the City prior to executing supplemental agreements relating to
extra work as defined in the ADOT standard specifications for road and bridge construction.
i.Notify the City the Project has been completed and is considered acceptable, coordinating with
the City as appropriate and turn over full responsibility of the Project improvements to the City. De-
obligate or otherwise release any remaining federal funds from the construction phase of the Project
within 90 days of final acceptance.
j.Not be obligated to maintain said Project, should the City fail to budget or provide for proper and
perpetual maintenance for the Project.
2.The City will:
a.Upon execution of this Agreement, designate the State as authorized agent for the City.
b.Agrees to use one of the State's On -Call Design Consultant's which states that the design
consultant shall provide services as required and requested throughout the development of the project
including the construction phase of the Project.
c.Provide comments of receipt of design plans to the State and the design consultant as
appropriate.
d.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.
e.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.
f.Coordinate with the appropriate State's Right -of Way personnel should the project require
acquisition of right-of-way.The State's Right -of Way Coordinator shall assist the City with information
pertaining to State and Federal procedures to accomplish the right of way needs for the Project, in
accordance with The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970
as amended; 49 CFR 24,102 Basic Acquisition Policies; 49 CFR 24.4 Assurances, Monitoring and
Corrective Action, parts (a) & (b).
Page 4 IGA/JPA 11-2104
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 costs exceeding the maximum Federal funds available for the Project
or those costs deemed ineligible for federal aid.Agree that the cost of the design activities covered by
this Agreement is to be borne by FHWA and the City, each in the proportions prescribed and determined
by FHWA.
j.Be entirely responsible for all costs incurred by the City in performing and accomplishing the
work as set forth in this Agreement whether covered by Federal funding or not and be obligated to pay for
all cost overruns above the amount of federal funds authorized and available for the Project.
k.Pursuant to 23 USC 102(b),repay all Federal fund reimbursements for preliminary
engineering costs on the Project if it does not advance to construction within 10 years after Federal funds
were first made available
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.
m.Upon completion of the Project, agree to accept, maintain and assume full responsibility of
said Project in writing.
III.MISCELLANEOUS PROVISIONS
1.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.It is understood
and agreed that the State's participation is confined to securing federal aid on behalf of the City and
requirements contained in this Agreement; that any damages arising from carrying out, in any respect, the
terms of this Agreement or any modification thereof shall be solely the liability of the City and that to the
extent permitted by law, the City hereby agrees to defend, 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.
2.The cost of design, construction and construction engineering work covered by this Agreement is
to be borne by FHWA and the City, each in the proportion prescribed or as fixed and determined by
FHWA as stipulated in this Agreement. Therefore, the City agrees to furnish and provide the difference
between the total cost of the work provided for in this Agreement and the amount of Federal Aid received.
3.The terms, conditions and provisions of this Agreement shall remain in force and effect until
completion of said project and related deposits or reimbursement, except any provisions for maintenance,
shall be perpetual. Further, this Agreement may be canceled. at any time prior to the award 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.
Page 5 IGAJJPA 11-210-1
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.The City and the State (Arizona Department of Transportation) (ADOT warrants compliance with
the Federal Funding Accountability and Transparency Act of 2006 and associated 2008 Amendments).
Additionally, in a timely manner, the City will provide information that is requested by the State (ADOT) to
enable the State (ADOT) to comply with the requirements as may be applicable.
7.This Agreement may be cancelled in accordance with Arizona Revised Statutes § 38-511.
8.The provisions of Arizona Revised Statutes § 35-214 are applicable to this Agreement.
9.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.
10. 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. 17 th Avenue, Mail Drop 616E
Phoenix, Arizona 85007
(602) 712-7124
(602) 712-3132
Dee Bowling
Transportation Enhancement Byways Section
1615 W. Jackson Street MD 619E
Phoenix, Arizona 85007
(602) 712-4603
City of Apache Junction
Attn: Heather Patel
300 East Superstition Boulevard
Apache Junction, Arizona 85119
Ph: (480) 982-8002
Finance Director
Donna Meinerts
dmeinerts aicitv.net
(480) 474-5451
11.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".
12. 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.
13. If the federal funding related to this Project is terminated or reduced by the federal government, or
if the federal government resends,fails to renew, or otherwise reduces apportionments or obligation
authority, the State shall in no way be obligated for funding or liable for any past, current or future
expenses under this Agreement.
Page 6 IGA/JPA 11-210-1
14. Compliance requirements for Arizona Revised Statutes § 41-4401—immigration laws and
E -Verify requirement:
a.The Parties 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 Contractor 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. 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.
APACHE JUNCTION, CITY OF STATE OF ARIZONA
Department of Transportation
By By
JOHN S. INSALACO DALLAS HAMMIT, P.E.
Mayor of Apache Junction Deputy State Engineer, Development
ATTEST:
By
KATHY CONNELLY
Clerk of Apache Junction
March 7th 2012-Iy
JPA 11-210-I
ATTORNEY APPROVAL FORM FOR 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 CITY OF APACHE
JUNCTION an Agreement among public agencies which, has been reviewed pursuant to A.R.S. § 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 I ark day of rnAa-cl-t yAolf)-,
City Attorney