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HomeMy WebLinkAboutRES 14-35RESOLUTION NO. 14-35 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 CONGESTION MITIGATION AND AIR QUALITY IMPROVEMENT PROGRAM FUNDS. WHEREAS, A.R.S. § 11-951 et seq.authorizes public agencies to enter into intergovernmental agreements for the provision of services or for joint or cooperative action; and WHEREAS, the purpose of this joint effort is to allow the State to acquire federal funds for the completion of an Intelligent Transportation System Strategic Plan for all current and future traffic signals within the City (the "Project"); and WHEREAS,the State shall be the designated agent for the City; and WHEREAS, the estimated total scoping and design cost of the Project is $163,000.00,including administration cost,which represents 100% funding; and WHEREAS,Federal -aid funds will contribute $141,450.00 for scoping and design of the Project; and WHEREAS,the required City leftover matching funds for scoping and design of the Project is $21,550.00; and WHEREAS, the purpose of this Agreement is to identify and define both the City's and the State's respective obligations and responsibilities concerning the installation and maintenance 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 Junction and the Arizona Department of Transportation ("IGA/JPA 14-0004048-1)and the Mayor is hereby authorized to sign the agreement on behalf of the City. RESOLUTION NO. 14-35 PAGE 1 OF 2 2)Under the terms of IGA/JPA 14-0004048-I, the City will pay for the scoping and 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 °Z .:21 DAY OF .dola-creit/36'4 2014. SIGNED AND ATTESTED TO THIS cZ4P DAY OF , 2014. ATTEST: KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM: n7 >V RICHARD J. STERN City Attorney RESOLUTION NO. 14-35 PAGE 2 OF 2 ADOT File No.: IGA/JPA 14-0004048-1 AG Contract No.: P001 2014 000xxx Project: ITS Strategic Plan Section: City wide Federal -aid No.: APJ-0(210)T ADOT Project No.: SZ11201D/03D TIP/STIP No.: APJ 15-461 CFDA No.: 20.205 - Highway Planning and Construction Budget Source Item No.: n/a INTERGOVERNMENTAL AGREEMENT BETWEEN THE STATE OF ARIZONA AND THE CITY OF APACHE JUNCTION THIS AGREEMENT is entered into this date , 2014, 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.The work proposed under this Agreement consists of completing an ITS Strategic Plan for all current and future traffic signals within the City, hereinafter referred to as the "Project".The State will administer the scoping and design of the Project.The plans, estimates and specifications for the Project will be prepared and, as required, submitted to the Federal Highway Administration (FHWA) for approval. 4.The City, in order to obtain federal funds for the scoping and design of the Project, is willing to provide City funds to match federal funds in the ratio required or as finally fixed and determined by FHWA. 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. 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 14-0004048-1 7.The federal funds will be used for the scoping and design of the Project.The estimated Project costs are as follows: SZ112 01D (ADOT Project Manaaement & Design Review (PMDR) Cost, non -federal -aid): PMDR costs*$3,000.00 SZ112 03D iscopino/desion): Federal -aid funds © 88.4% (capped) City's match @11.6% TOTAL Estimated Project Scoping/Design & PMDR Costs Total Estimated City Funds Total Federal Funds * (Included in the City Estimated Funds) $ 141,450.00 $ 18,550.00 $ 163,000.00 $ 21,550.00 $ 141,450.00 The Parties acknowledge that the final Project design costs 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 Project design cost estimate is less than the initial estimate, the difference between the final design cost estimate 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 estimated Project design cost 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 for the Project if the Project t 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 initial PMDR costs, currently estimated at $3,000.00 and the City's share of the Project design costs, currently estimated at $18,550.00.If, during the development of the design, additional funding from the City is required, the State will invoice the City in increments of $5,000.00 to cover projected PMDR costs.Once the Project costs have been finalized, the State will either invoice or reimburse the City for the difference between estimated and actual PMDR and design costs. c. Upon receipt of the PMDR costs and the City's estimated share of the Project design costs, 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 of the Project; review and approve documents required by FHWA to qualify the Project for and to receive federal funds, incorporating comments from the City as appropriate. Such documents may consist of, but are not specifically limited to, environmental documents, including the preparation of the analysis requirements for documentation of environmental Page 3 IGA/JPA 14-0004048-1 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 FHWA pertaining to the above -mentioned Project with the recommendation that funding be approved for scoping/design.Request the maximum programmed federal funds for the scoping/design of this Project. e. Be granted, without cost requirements, the right to enter City right-of-way as required to conduct any and all 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. f. Notify the City that the Project design has been completed and is considered acceptable. De- obligate or otherwise release any remaining federal funds from the scoping/design phase of the Project within ninety (90) days of City acceptance. 2. The City will: a. Upon execution of this Agreement, designate the State as authorized agent for the City. b. Upon execution of this Agreement, and prior to performing or authorizing any work, and within thirty (30) days of receipt of an invoice from the State pay the initial PMDR costs, currently estimated at $3,000.00 and the City's Project design costs, currently estimated at $18,550.00. If, during the development of the design, additional funding to cover PMDR costs is required, pay the invoiced amount to the State within thirty (30) days of receipt. Be responsible for any difference between the estimated and actual PMDR and design costs of the Project. c. Review design plans, specifications and other such documents and services, including scoping/design plans and documents required by FHWA to qualify projects for and to receive federal funds. Provide design review comments to the State as appropriate. d. 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. e. 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. f. 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 preconstruction related activities, including without limitation, temporary construction easements or temporary rights of entry to accomplish among other things, soil and foundation investigations. Page 4 IGA/JPA 14-0004048-1 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. 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 reimbursements. This Agreement may be cancelled at any time prior to the start of the Project design 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 City will be responsible for all costs incurred by the State up to the time of termination.It is further understood and agreed that in the event the City terminates this Agreement, the State shall in no way be obligated to complete 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 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 scoping and design 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 pay the difference between actual Project costs and the federal funds received. 4.Should the federal funding related to this Project be terminated or reduced by the federal government, or 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. 5.The cost of the project under this Agreement includes applicable indirect costs approved by the FHWA, as applicable. 6. The Parties 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 Page 5 IGA/JPA 14-0004048-1 information that is requested by the State to enable the State to comply with the requirements of the Act, as may be applicable. 7.The City acknowledges compliance with federal laws and regulations and may be subject to the Office of Management and Budget (OMB), Single Audit,Circular A-133 (Audits of States,Local Governments,and Non -Profit Organizations). Entities that expend $500,000.00 or more (prior to 12/26/14) and $750,000.00 or more (on or after 12/26/14) of federal assistance (federal funds, federal grants, or federal awards) are required to comply by having an independent audit. Either an electronic or hardcopy of the Single Audit is to be sent to Arizona Department of Transportation Financial Management Services within the required deadline of nine (9) months of the sub recipient fiscal year end. Attn:Cost Accounting Administrator 206 S 17'h Ave. Mail Drop 2046 Phoenix, AZ 85007 SinctleAuditaazdaciov 8.This Agreement shall become effective upon signing and dating of the Determination Letter by the State's Attorney General. 9. This Agreement may be cancelled in accordance with Arizona Revised Statutes § 38-511. 10. To the extent applicable under law, the provisions set forth in Arizona Revised Statutes §§ 35-214 and 35-215 shall apply to this Agreement. 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 2009-09 issued by the Governor of the State of Arizona and incorporated herein by reference regarding "Non -Discrimination". 12. 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. 13. 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. 14. The Parties shall comply with the applicable requirements of Arizona Revised Statutes § 41-4401. 15. The Parties hereto shall comply with all applicable laws, rules, regulations and ordinances, as may be amended. 16. 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. 17thAvenue, Mail Drop 637E City of Apache Junction Attn: Giao Pham, P.E. 575 E. Baseline Avenue IGA/JPA 14-0004048-1 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 , 2014 City Attorney