HomeMy WebLinkAboutRES 17-07RESOLUTION NO. 17-07
A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY
OF APACHE JUNCTION,ARIZONA,AUTHORIZING THE CITY OF
APACHE JUNCTION TO ENTER INTO AN INTERGOVERNMENTAL
AGREEMENT WITH ARIZONA DEPARTMENT OF TRANSPORTATION
FOR CONGESTION MITIGATION AND AIR QUALITY IMPROVEMENT
PROGRAM FUNDS.
WHEREAS,pursuant to A.R.S.§11-952(A),public entities
may enter into intergovernmental agreements with other
municipalities and governmental entities (the "Parties")for
joint or cooperative activities; and
WHEREAS,the purpose of this joint effort is to allow the
State to acquire federal funds for the installation of Wireless
Communication for all existing 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 $99,917.00,including Civil Engineering Design and
State Design Review,which represents 100%funding and the
construction total cost of the Project is $283,500.00; and
WHEREAS,Federal -aid funds will contribute $94,222.00 for
scoping and design and $267,340.00 for construction of the
Project; and
WHEREAS,the required City leftover matching funds for
scoping and design of the Project is $5,695.00 and construction
cost of the Project is $16,160.00; and
WHEREAS,the Parties have crafted the attached written
agreement in the form of an intergovernmental agreement which
formalizes the arrangement.
NOW,THEREFORE,BE IT RESOLVED BY THE MAYOR AND CITY
COUNCIL OF THE CITY OF APACHE JUNCTION ARIZONA, AS FOLLOWS:
RESOLUTION NO. 17-07
PAGE 1 OF 2
1)The mayor and city council approve the form of the
intergovernmental agreement between the City of Apache
Junction and the Arizona Department of Transportation
("IGA/JPA 16-0006061-I)and the mayor is hereby authorized
to sign the agreement on behalf of the City.
2)Under the terms of IGA/JPA 16-0006061-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 and to fulfill all
the duties required under the agreement.
PASSED AND ADOPTED BY THE MAYOR AND CITY COU CIL OF THE CITY OF
APACHE JUNCTION, ARIZONA, THIS /ArfliDAY OF , 2017.
SIGNED AND ATTESTED TO THIS / P 4 DAY OF 1 4 04/1..,2017.
ATTEST:
KATHLEEN CONNELLY
City Clerk
APPROVED AS TO FORM:
IH
RICHARD J. STERN
City Attorney
RESOLUTION NO.17-07
PAGE 2 OF 2
ADOT File No.: IGA/JPA 16-0006061-I
AG Contract No.: P001 2016 003156
Project Name/Location:Various
Locations - City of Apache Junction
Type of Work: - Wireless
Communications Upgrade
Federal -aid No.: APJ-0(215)T
ADOT Project No.: T0104 01D/01C
TIP/STIP No.: APJ18-460
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 ,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 5 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, hereinafter referred to as the "Project", consists of
installation of wireless communications to all traffic signals to a central wireless tower. The State
will advertise, bid, award and administer the construction of the Project. The City will use MAG
funds for the design 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 scoping/design, and 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.
Page 2 IGA/JPA 16-0006061-1
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.
6.The Parties acknowledge that the final Project amount may exceed the initial estimate(s)
identified in Exhibit A, 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.Execute this Agreement, and if the Project is approved by FHWA and funds for the Project
are available, be the City's designated agent for the Project.
b.Execute this Agreement, and prior to performing or authorizing any work, invoice the City
for the initial PMDR costs, estimated at $1,710.00 and the City's share of the Project design
costs, estimated at $3,985.00.If actual PMDR costs exceed the estimate during the
development of design, notify the City and obtain concurrence prior to continuing with the
development of design. Once the Project costs have been finalized, the State will either
invoice or reimburse the City for the difference between estimated and actual costs.
c.After receipt of the PMDR costs and 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. 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.
d.Submit all required documentation pertaining to the Project to FHWA with the
recommendation that the maximum federal funds programmed for this Project be approved
for scoping/design, construction, and construction engineering. With FHWA authorization,
proceed to advertise for and enter into contract(s) with the consultant(s) for the design and
post design of the Project. Should costs exceed the maximum federal funds available it is
understood and agreed that the City will be responsible for any overage.
Page 3 IGA/JPA 16-0006061-1
e.After completion of design and prior to bid advertisement, invoice the City for the City's
actual PMDR costs, as applicable, and the City's share of the Project construction costs,
estimated at $16,160.00.Once the Project costs have been finalized, the State will either
invoice or reimburse the City for the difference between estimated and actual costs; de-
obligate or otherwise release any remaining federal funds from the scoping/design phase of
the Project.
f.After receipt of the City's actual PMDR costs, if applicable, and the City's estimated share of
the Project construction costs, submit all required documentation to FHWA with the
recommendation that the maximum federal funds programmed for construction of this
Project be approved. Should costs exceed the maximum federal funds available, it is
understood and agreed that the City will be responsible for any overage.
g.With FHWA authorization, proceed to administer construction, advertise for, receive and
open bids, award and enter into a contract with the firm for the construction of the Project.
If the bid amounts exceed the construction cost estimate, obtain City concurrence prior to
awarding the contract. Once awarded, invoice the City for the difference between estimated
and actual costs, if applicable.
h.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.
i.Not be obligated to maintain the 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.Designate the State as the City authorized agent for the Project.
b.Within 30 days of receipt of an invoice from the State, pay the initial PMDR costs, estimated
at $1,710.00 and the City's share of Project design costs, estimated at $3,985.00.Agree to
be responsible for actual PMDR costs, if during the development of design, PMDR costs
exceed the initial estimate. Be responsible for any difference between the estimated and
actual PMDR and design costs of the Project within 30 days of receipt of an invoice.
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; provide
design review comments to the State as appropriate.
d.After completion of design, within 30 days of receipt of an invoice from the State and prior
to bid advertisement, pay to the State, any outstanding PMDR costs and the City's share of
the Project construction costs, estimated at $16,160.00.Once the Project costs have been
Page 4 IGA/JPA 16-0006061-I
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 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 theCity, 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.Investigate and document utilities within the Project limits; submit findings to ADOT
determining prior rights or no prior rights; approve an easement within the final right-of-
way to re-establish the prior right location for those utilities with prior rights.
J.Be obligated to incur any expenditure should unforeseen conditions or circumstances
increase Project costs. Be responsible for the cost of any City requested changes to the
scope of work of the Project, such changes will require State and FHWA approval. Be
responsible for any contractor claims for additional compensation caused by Project delay
attributable to theCity. Payment for these costs will be made to the State within 30 days of
receipt of an invoice from the State.
k.Upon notification by the State of Project completion, agree to accept, maintain and assume
full responsibility of the Project and all Project components in writing.
Page 5 IGA/JPA 16-0006061-I
III.MISCELLANEOUS PROVISIONS
1.The terms, conditions and provisions of this Agreement shall remain in full force and effect until
completion of the Project and all related deposits and/or reimbursements are made. 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 contract and
after 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 or maintain the
Project.
2.The City shall indemnify, defend, and hold harmless the State, any of its departments, agencies,
officers or employees (collectively referred to in this paragraph as the "State") from any and all
claims, demands, suits, actions, proceedings, loss, cost and damages of every kind and
description, including reasonable attorneys' fees and/or litigation expenses (collectively referred
to in this paragraph as the "Claims"), which may be brought or made against or incurred by the
State on account of loss of or damage to any property or for injuries to or death of any person,
to the extent caused by, arising out of, or contributed to, by reasons of any alleged act,
omission, professional error, fault, mistake, or negligence of the City, its employees, officers,
directors, agents, representatives, or contractors, their employees, agents, or representatives in
connection with or incident to the performance of this Agreement. The City's obligations under
this paragraph shall not extend to any Claims to the extent caused by the negligence of the
State, except the obligation does apply to any negligence of the City which may be legally
imputed to the State by virtue of the State's ownership or possession of land. The City's
obligations under this paragraph shall survive the termination of this Agreement.
3.The State shall include Section 107.13 of the 2008 version of the Arizona Department of
Transportation Standard Specifications for Road and Bridge Construction, incorporated to this
Agreement by reference, in the State's contract with any and all contractors, of which the City
shall be specifically named as a third -party beneficiary. This provision may not be amended
without the approval of the City.
4.The cost of 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 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.
5.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.
6.The cost of the Project under this Agreement includes indirect costs approved by FHWA, as
applicable.
Page 6 IGA/JPA 16-0006061-I
7.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.
8.The acknowledges compliance with federal laws and regulations and may be subject to the
CODE OF FEDERAL REGULATIONS, TITLE 2, PART 200 (also known as The Uniform Grant
Guidance).Entities that expend $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 in accordance with §200.331 Subpart F. 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 months of the sub recipient fiscal year end.
ADOT — FM5
Attn: Cost Accounting Administrator
206 S 17th Ave. Mail Drop 20413
Phoenix, AZ 85007
SingleAuditPazdotgov
9.This Agreement shall become effective upon signing and dating of the Determination Letter by
the State's Attorney General.
10. This Agreement may be cancelled in accordance with Arizona Revised Statutes § 38-511.
11. To the extent applicable under law, the provisions set forth in Arizona Revised Statutes §§ 35-
214 and 35-215 shall apply to this Agreement.
12. The Parties shall comply with the applicable requirements of Arizona Revised Statutes §35-393
through §35-393.03.
13. 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".
14. 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.
15. 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 7 IGA/JPA 16-0006061-1
16. The Parties shall comply with the applicable requirements of Arizona Revised Statutes § 41-
4401.
17. The Parties hereto shall comply with all applicable laws, rules, regulations and ordinances, as
may be amended.
18. 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:
For Agreement Administration:
Arizona Department of Transportation
Joint Project Administration
205 S. 17th Avenue, Mail Drop 637E
Phoenix, Arizona 85007
(602) 712-7124
(602) 712-3132 Fax
JPABranch@azdot.gov
For Project Administration:
Arizona Department of Transportation
Project Management Group
1611 W Jackson St.
Phoenix, AZ 85007
(602) 712-8736
For Financial Administration:
Arizona Department of Transportation
Project Management Group
1611 W Jackson St.
Phoenix, AZ 85007
(602) 712-8736
City of Apache Junction
Attn: Raquel C. Schatz
575 E. Baseline Ave.
Apache Junction, AZ 85119
(480) 474-8549
RSchatz@ajcity.net
City of Apache Junction
Attn: Raquel C. Schatz
575 E. Baseline Ave.
Apache Junction, AZ 85119
(480) 474-8549
RSchatz@ajcity.net
City of Apache Junction
Attn: Donna Meinerts
575 E. Baseline Ave.
Apache Junction, AZ 85119
(480) 474-5451
DMeinerts@ajcity.net
19. In accordance with Arizona Revised Statutes § 11-952 (D) attached hereto and incorporated
herein is the written determination, of each Party's legal counsel 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 8 IGA/JPA 16-0006061-1
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
By DOCIAc 160\By
JEFF SERDY STEVE BOSCHEN, P.E.
Mayor Division Director
ATTEST:
BY
KATHY CONNELLY
City Clerk
JPA/IGA 16-00060614
EXHIBIT A
Cost Estimate
T0104 01D/01C
The federal funds will be used for the design and construction of the Project, including the construction
engineering and administration cost (CE). The estimated Project costs are as follows:
10104 OlD (ADOT Project Management & Design Review (PMDR) Cost, federal -aid)
Federal @94.3%
City's match @5.7%
Subtotal - PMDR costs
T0104 OlD (Scoping / Design)
Federal @94.3%
City's match @5.7%
Subtotal - Scoping/ Design costs
10104 01C (construction):
Federal -aid funds @ 94.3% (capped)
City's match @ 5.7%
Subtotal — Construction**
TOTAL Estimated Project Costs*
Total Estimated City Funds
Total Federal Funds
$28,290.00
$1,710.00
$30,000.00
$65,932.00
$3,985.00
$69,917.00
$267,340.00
$16,160.00
$283,500.00
$383,417.00
$21,855.00
$361,562.00
* (Included in the Estimated Project Costs).
** (Includes 15% CE (this percentage is subjected to change, any change will require concurrence
from the City) and 5% Project contingencies).
IGA/JPA 16-0006061-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 ( 1 day of P i PRA L-,2017.
--00 c-kk I crx,
City Attorney