HomeMy WebLinkAboutRES 15-18RESOLUTION NO. 15-18
A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF
APACHE JUNCTION,ARIZONA,AUTHORIZING THE CITY TO ENTER
INTO AMENDMENT NO. ONE TO THE INTERGOVERNMENTAL AGREEMENT
WITH THE STATE OF ARIZONA FOR THE USE OF A SAFE ROUTES
TO SCHOOL INFRASTRUCTURE GRANT.
WHEREAS, the City of Apache Junction ("City") and the State
of Arizona Department of Transportation ("ADOT") entered into an
Intergovernmental Agreement ("IGA")on May 14,2012 to fund
design and construction of concrete sidewalks with curb and
gutter and bike lanes for various locations near elementary
schools and junior high schools (the "Project"); and
WHEREAS, the City acquired additional federal -aid funds to
help with the increase construction costs; and
WHEREAS, the attached written amendment ("IGA/JPA 11-2101,
Amendment No.One:15-0005177-I")modifies the original
financial and administrative conditions for design 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
Amendment No.One to the above -noted IGA 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 /5-71/DAY OF /
2015.
RESOLUTION NO. 15-18
PAGE 1 OF 2
SIGNED AND ATTESTED TO THIS
ATTEST:
KATHLEEN CONNELLY
City Clerk
APPROVED AS TO FORM:
1-.9S 15
RICHARD J. STERN
City Attorney
RESOLUTION NO. 15-18
PAGE 2 OF 2
ADOT File No.: IGA/JPA 15-00051944
AG Contract No.: P001 2015 001096
Project: Winchester Rd Sidewalk
Connections
Section: Winchester Rd; 16th Ave -
Southern Ave.
Federal -aid No.: APJ00(212)T
ADOT Project No.: SZ183 01D 03D
01C
TIP/STIP No.: APJ17-401D, APJ17-401
CFDA No.: 20.205 - Highway Planning
and Construction
Budget Source Item No.: N/A
INTERGOVERNMENTAL AGREEMENT
BETWEEN
THE STATE OF ARIZONA
AND
CITY OF APACHE JUNCTION
THIS AGREEMENT is entered into this date , 2015, 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, an Arizona Municipal Corporation, 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 § 9-240 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 authorized the undersigned to execute this Agreement on behalf of the City.
3.The work proposed under this Agreement, hereinafter referred to as the "Project", consists of
sidewalk connections, bicycle lane installation and installation of American with Disability Act (ADA)
compliant sidewalk ramps along Southern Avenue from Winchester Road to Royal Palm Road,
Winchester Road from Southern Avenue to 1601 Avenue and 16th Avenue from Stetson Road to
Winchester Road, for a distance of approximately .85 mile.The State will advertise, bid, award and
administer the scoping, design and construction of the Project.The plans, estimates and specifications
for the Project will be prepared and, as required, submitted to Federal Highway Administration (FHWA) for
approval.
4.The City, in order to obtain federal funds for the design and/or construction of the Project, is
willing to provide City funds to match federal funds in the ratio required or as finally fixed and determined
by the City and 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 the authorization of such federal funds for the Project pursuant to federal law and
regulations.The State shall be the designated agent for the City for the Project, if the Project is approved
by FHWA and funds for the Project are available.The Project will be performed, completed, accepted
and paid for in accordance with the requirements of the Project specifications and terms and conditions.
Page 2 IGA/JPA 15-0005194-1
6.The Parties will perform their responsibilities consistent with this Agreement; any change or
modification to the Project will only occur with the mutual written consent of both Parties.
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:
SZ183 03D (scopina/desian):
Federal -aid funds @ 94.3%
City's match @ 5.7%
$ 169,740.00
$10,260.00
Subtotal — Scoping/Design*$ 180,000.00
SZ183 01C (construction):
Federal -aid funds (capped)$ 197,604.00
City's match $31,944.00
Subtotal — Construction** (State administered)$ 229,548.00
Estimated TOTAL Project Cost $ 409,548.00
Summary:
Total Estimated City Funds $42,204.00
Total Federal Funds 367,344.00
(Includes ADOT Project Management & Design Review (PMDR) Costs)
** (Includes 15% CE and 5% Project contingencies)
The Parties acknowledge that the final Project 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, 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 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 for the Project, if the
Project is approved by FHWA and funds for the Project are available.
b.Upon execution of this Agreement, prior to performing or authorizing any work, invoice the
City for the City's share of the Project design costs, currently estimated at $10,260.00.Invoice the City in
increments of $5,000.00 to cover projected PMDR costs if,during the development of the design,
additional funding from the City is required.Once the 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.Once the costs have been finalized, the State will either invoice or reimburse the City for the
difference between estimated and actual design costs.
Page 3 IGA/JPA 15-0005194-I
d.Upon receipt of the City's estimated share of the Project design costs, on behalf of the City,
prepare and provide all documents pertaining to the design and post -design of the Project, incorporating
comments from the City, as appropriate; and review and approve documents required by FHWA to qualify
the Project for and to receive federal funds.Such work may consist of, but is not specifically limited to,
preparation of environmental documents;analysis and documentation of environmental categorical
exclusion determinations;geologic materials testing and analysis;right-of-way related activities;
preparation of reports, design plans,maps, specifications and cost estimates; and such other related
tasks essential to the achievement of the objectives of this Agreement.
e.Submit all documentation required to FHWA containing the above -mentioned Project with the
recommendation that funding be approved for scoping/design and request the maximum federal funds
programmed for the scoping/design of this Project.Upon authorization, proceed to advertise for and
enter into contract(s) with the consultant(s) for the design and post design of the Project.
f.Upon completion of design and prior to bid advertisement, invoice the City for the City's share
of the Project construction costs, estimated at $31,944.00.Once the Project costs have been finalized,
the State will either invoice or reimburse the City for the difference between estimated and actual costs;
and de -obligate or otherwise release any remaining federal funds from the scoping/design phase of the
Project.
g.Upon receipt of the City's estimated share of the Project construction costs,submit all
documentation required to FHWA with the recommendation that funding be approved for construction and
request the maximum federal funds programmed for the construction of this Project.Should costs
exceed the maximum federal funds available, it is understood and agreed that the City will be responsible
for any overage.
h.Upon FHWA authorization,proceed to administer construction, advertise for, receive and
open bids, award and enter into a contract(s) with a firm(s) for the construction of the Project. If the bid
amounts exceed the construction cost estimate, obtain City concurrence prior to awarding the contract.
i.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.
j.Enter into an agreement with the design consultant which states that the design consultant
shall provide professional post -design services as required and requested throughout and upon
completion of the construction phase of the Project. Upon completion of the construction phase of the
Project, provide an electronic version of the as -built plans to the City.
k.Notify the City that the Project has been completed and is considered acceptable,
coordinating with the City as appropriate to turn over full responsibility of the Project improvements. De-
obligate or otherwise release any remaining federal funds from the construction phase of the Project
within ninety (90) days of final acceptance.
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 this Agreement, designate the State as authorized agent for the City for
the Project if the Project is approved by FHWA and funds for the Project are available.
Page 4 IGA/JPA 15-0005194-1
b.Within thirty (30) days of receipt of an invoice from the State pay the City's Project design
costs, estimated at $10,260.00.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, cost estimates and other such documents required for
the construction bidding and construction of the Project, including scoping/design plans and documents
required by FHWA to qualify projects for and to receive federal funds;and provide design review
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,pay to the State,the City's Project construction costs,estimated at
$31,944.00.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.Be responsible for all costs incurred in performing and accomplishing the work as set forth
under this Agreement, that are 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.
f.Certify that all necessary rights -of -way have been or will be acquired prior to advertisement
for bid and that all obstructions or unauthorized encroachments of any 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,9.06 Monitoring Process and 9.07 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.
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.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 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 prior approval from 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.
j.Upon notification by the State of Project completion, agree to accept, maintain and assume
full responsibility of the Project in writing.
k.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.
Page 5 IGA/JPA 15-0005194-I
III.MISCELLANEOUS PROVISIONS
I .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. 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 City will
be responsible for all costs incurred by the State up to the time of termination.It is further understood
and agreed that should the City terminate 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 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 liability, costs and/or damage incurred by any of the
above arising or resulting from this Agreement; and from any other liability, 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,design,construction and construction engineering 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 costs of the Project 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 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
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
Page 6 IGA/JPA 15-00051944
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.
ADOT — FMS
Attn: Cost Accounting Administrator
206 S 17th Ave. Mail Drop 204B
Phoenix, AZ 85007
SinaleAudit(d)azdot.qov
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. 17th Avenue,Mail Drop 637E
Phoenix, Arizona 85007
(602) 712-7124
(602) 712-3132 Fax
City of Apache Junction
Attn: Raquel C. Schatz
575 E Baseline Avenue
Apache Junction,AZ 85119
(480) 474-8549
Fax #
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.
Page 7 IGA/JPA 15-0005194-1
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
j/By
• OHN S. IN
Mayor
ATTEST:
By
LACO STEVE BOSCHEN, P.E.
ITD Division Director
By . 7 7 ZI1
KATHY CONNELLY
City Clerk
IGA/JPA 15-0005194-1
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 aiira day of O P R (, 2015.
R
C 4 k 1 PrtrOtUi )
10°61-61/4,SACr104 A