HomeMy WebLinkAboutRES 13-21RESOLUTION NO. 13-21
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 HIGHWAY SAFETY
IMPROVEMENT PROGRAM GRANT MONEY.
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 and construction
of Ironwood Drive Safety Pullouts Phase 3 (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
$31,159.00,including Civil Engineering Design and State Design
Review, which represents 100% funding and the construction total
cost of the Project is $318,030.00; and
WHEREAS,Federal -aid funds will contribute $29,383.00 for
design and $299,902.00 for construction of the Project; and
WHEREAS,the required City leftover matching funds for
design of the Project is $1,776.00 and construction cost of the
Project is $18,128.00; and
WHEREAS,the attached written agreement ("IGA/JPA 13-
0001510-I")sets forth the financial and administrat)_ve
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. 13-21
PAGE 1 OF 2
Junction and the Arizona Department of Transportation
("IGA/JPA 13-0001510-I") and the Mayor is hereby authorized
to sign the agreement on behalf of the City.
2)Under the terms of IGA/JPA 13-0001510-I, the City will pay
for the design and construction 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 4TH DAY OF JUNE ,2013.
SIGNED AND ATTESTED TO THIS 4TH DAY OF JUNE ,2013.
A
2o-14/I'AJ4,00 :air--
N S. IN3ALACO
ayor
ATTEST:
KATHLEEN CONNELLYKATHLEEN CONNELLY
City Clerk
APPROVED AS TO FORM:
( N i l _523.13
RICHARD J. STERN
City Attorney
RESOLUTION NO. 13-21
PAGE 2 OF 2
ADOT CAR No.: IGA/JPA 13-0001510 I
AG Contract No.: P001 2013 001391
Project: Two (2) Safety Pullouts
Section: Ironwood Drive
Federal Project No.:
ADOT Project No.: SH591 01C/03D
TIP/STIP No.: APJ 13-01D/APJ 13-04C
Budget Source Item No.:
INTERGOVERNMENTAL AGREEMENT
BETWEEN
THE STATE OF ARIZONA
AND
CITY OF APACHE JUNCTION
THIS AGREEMENT is entered into this date , 2013, 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" or "ADOT") 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 construction of two (2) safety pullouts along Ironwood Drive with pavement marking upgrade to
thermoplastic.The State will advertise, bid, and award the Project.
5.The interest of the State in this Project is the acquisition 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, if the Project is approved by FHWA and funds for the
Project are available.
6.The Parties shall perform their responsibilities consistent with this Agreement and any change or
modification to the Project will only occur with the mutual written consent of both Parties.
Page 2 IGA/JPA 13-00015101
7.The federal funds will be used for the scoping/design and construction of the Project, including
the construction engineering and administration cost (CE).The estimated Project costs are as follows:
SH591 03D (scoping/design):
Federal -aid funds @ 94.3%
City's match @ 5.7%
$29,383.00
$1,776.00
Subtotal — Scoping/Design*$31,159.00
SH591 01C (construction):
Federal -aid funds @ 94.3% (capped)
City's match @ 5.7%
Subtotal — Construction**
Summary:
Total Estimated City Funds
Total Federal Funds
TOTAL Project Cost
* (Design review fee is included in the SH591 03D)
** (Includes 15% CE and 5% Project contingencies)
$299,902.00
$18,128.00
$318,030.00
$19,904.00
$329,285.00
$349,189.00
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, be the designated agent for the City, if the Project is
approved by FHWA and funds for the Project are available.
b.Upon execution of this Agreement, and prior to performing or authorizing any work, invoice
the City for the City's estimated share of the Project Engineering, currently estimated at $1,776.00.Once
the Project Engineering costs have been finalized, the State will either invoice or reimburse the City for
the difference between estimated and actual costs.
c.Upon receipt of the the City's estimated share of the Project Engineering costs, currently
estimated at $1,776.00,on behalf and with consent of the City, contract with one of the State's on -call
consultants ("Consultant") to prepare all pertaining documents for the design and post -design of the
Project;review and approve documents required by FHWA to qualify the Project for and to
receive federal funds and provide comments to the City as appropriate.Such documents may consist of,
Page 3 IGA/JPA 13-00015101
but are not specifically limited to, environmental documents, including 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 requirements
and activities and such other related tasks essential to the achievement of the objectives of this
Agreement.Issue the right-of-way clearance after review of the Consultant's right-of-way submittal.
d.Submit all documentation required to the FHWA containing the above -mentioned Project with
the recommendation that funding be approved for design and installation.The Project will be performed,
completed,accepted and paid for in accordance with the requirements of the Project plans and
specifications.
e.Request the maximum federal funds programmed for this Project, including City contract
administration costs.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 $18,128.00.Once the
Project Construction costs have been finalized, the State will either invoice or reimburse the City for the
difference between estimated and actual costs. Deobligate or otherwise release any remaining federal
funds from the Project.
g.Upon approval by FHWA, with the aid and consent of the City and the FHWA, the State shall
proceed to advertise for, receive and open bids subject to the concurrence of the FHWA and the City, to
whom the award is made for and enter into a contract(s) with a firms(s) for the installation of the Project.
Incorporate comments from the City as appropriate.
h.Be granted, 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.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 the Agreement, designate the State as authorized agent for the City.
b.Upon execution of this Agreement, prior to performing or authorizing any work, and within
thirty (30) days of receipt of an invoice from the State, remit to the State the City's estimated share of the
Project Engineering cost, currently estimated at $1,776.00.Once the Project Engineering Cost has been
finalized, the State will either invoice or reimburse the City for the difference between estimated and
actual cost.
c.Be responsible for any difference between the estimated and actual design review costs.
d.Review design plans, specifications and other such documents and services required for the
construction bidding and installation of the Project and provide comments to the State as appropriate.
e.Upon completion of design, receipt of an invoice from the State, prior to bid advertisement,
and within thirty (30) days of receipt of an invoice, remit to the State, the City's share of funds for the
construction costs of the Project currently estimated at $18,128.00.Once the Project Construction costs
have been finalized,the State will either invoice or reimburse the City for the difference between
Page 4 IGA/JPA 13-00015101
estimated and actual costs.De -obligate or otherwise release any remaining federal funds from the
scoping/design phase of the Project.
f.Be responsible for all costs incurred in performing and accomplishing the work as set forth
under this Agreement, not covered by federal funding. Should costs be deemed ineligible or exceed the
maximum federal funds available, it is understood and agreed that the City is responsible for these costs,
payment for these costs shall be made within thirty (30) days of receipt of an invoice from the State.
g.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.
h.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, 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) and ADOT ROW Manual: 8.02
Responsibilities, 8.03 Prime Functions, 9.07 Monitoring Process and 9.08 Certification of Compliance.
Coordinate with the appropriate State's Right -of -Way personnel during any right-of-way process
performed by the City, if applicable.
i.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.
j.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.
k.Upon completion of the Project, agree to accept, maintain and assume full responsibility for
said Project in writing.
I.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 and related deposits or reimbursement, except any provisions for maintenance
shall be perpetual,unless assumed by another competent entity.Further,this Agreement may be
cancelled at any time prior to the award 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.If the federal funding related
to this Project is terminated or reduced by the federal government, or if Congress rescinds, 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.
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
Page 5 IGA/JPA 13-00015101
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 solely 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.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.
4.The cost of the Project under this Agreement includes applicable indirect costs approved by the
FHWA.
5.The City and 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.
6.This Agreement shall become effective upon signing and dating of the Determination Letter by
the State's Attorney General.
7.This Agreement may be cancelled in accordance with Arizona Revised Statutes § 38-511.
8.To the extent applicable under law, the provisions set forth in Arizona Revised Statutes §§ 35-214
and 35-215 shall apply to this Agreement.
9.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".
10. 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.
11. 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 13-00015101
12. 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
575 E Baseline Avenue
Apache Junction, Arizona 85119
Phone:480-982-1055
For Financial Matters:
Attn: Donna Meinerts
300 E Superstition Blvd.
Apache Junction, Arizona 85119
Phone: 480-474-5451
13. The Parties shall comply with the applicable requirements of Arizona Revised Statutes § 41-4401.
14. 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.
15. The Parties hereto shall comply with all applicable laws, rules, regulations and ordinances, as
may be amended.
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.
CITY OF APACHE JUNCTION STATE OF ARIZONA
JOHN INSXLACO
Mayor
ATTEST:
By
THY CONNELLY
City Clerk
By
DALLAS HAMMIT, P.E.
Senior Deputy State Engineer, Development
Department of Transportation
IGA/JPA 13-00015101
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 3 d day of MP%\I , 2013.
City Attorney