HomeMy WebLinkAboutRES 17-19RESOLUTION NO.17-19
A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY
O F APACHE JUNCTION,ARIZONA,AUTHORIZING THE CITY O F
APACHE JUNCTION T O ENTER INTO A N INTERGOVERNMENTAL
AGREEMENT WITH ARIZONA DEPARTMENT O F TRANSPORTATION
FOR ROUNDABOUT LANDSCAPE AND IRRIGATION MAINTENANCE
WHEREAS,pursuant t o 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,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 road; and
WHEREAS,the state,the Federal Highway Administration
("FHWA")and the city have identified systematic improvements
within the city limits which qualifies for this funding; and
WHEREAS,the purpose o f this joint effort i s to allow the
state t o construct a roundabout intersection,intersection
lighting system,and landscape and irrigation within the city at
State Route 8 8 ("SR 88")and Superstition Boulevard (the
"Project"); and
WHEREAS,the state will obtain federal funds for the
construction costs associated with the Project; and
WHEREAS,the state will design,advertise,award and
administer construction of the Project; and
WHEREAS,the Parties have crafted the attached written
agreement in the form of an intergovernmental agreement ("IGA")
which formalizes the arrangement; and
WHEREAS, the city will be responsible for electrical energy
costs and maintenance as depicted in Exhibits A,B,& C of the
IGA.
NOW,THEREFORE,B E I T RESOLVED B Y THE MAYOR AND CITY
COUNCIL OF THE CITY OF APACHE JUNCTION ARIZONA, AS FOLLOWS:
RESOLUTION NO.17-19
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 16-0006289-I)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 and to fulfill all
the duties required under the agreement.
PASSED AND ADOPTED BY THE MAYOR AND_fITY COU CIL OF THE CITY OF
APACHE JUNCTION, ARIZONA, THIS / 6 -:"7DAY OF _asir ,2017.
6 -17SIGNED AND ATTESTED TO THIS /DAY OF 440.1457-2017.
ATTEST:
KATHLEEN CONNELLY
City Clerk
APPROVED AS TO FORM:
UO-f7
RICHARD J. STERN
City Attorney
RESOLUTION NO. 17-19
PAGE 2 OF 2
ADOT CAR No.: IGA /JPA 16-0006289-1
AG Contract No.: P001 2017 001105
Project Location/Name: Superstition Blvd
Type of Work: Construct Roundabout
Federal -aid No.: HSIP-088-A(201)A
ADOT Project No.: H830801C
TIP/STIP No.: 16214
CFDA No.: 20.205
Budget Source Item No.: HSIP
INTERGOVERNMENTAL AGREEMENT
BETWEEN
THE STATE OF ARIZONA
AND
THE 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 § 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 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 State will design, advertise, award and administer construction of intersection
improvements at State Route 88 (SR 88) and Superstition Boulevard and at the intersection of
SR 88 and Idaho Road, (the 'Project'). The Project includes roundabout construction, installation
of the intersection lighting system, and landscape and irrigation at the SR 88 and Superstition
Boulevard intersection. The Project also includes pavement preservation, Americans with
Disabilities Act (ADA) facility upgrades, and installation of video traffic signal detection
equipment at the SR 88 and Idaho Road intersection. The State will obtain federal funds for the
construction costs associated with the Project. The City will be responsible for electrical energy
Page 2 IGA/JPA 16-0006289-1
costs and maintenance as depicted in exhibits A & B. The State will, by Resolution, bring into the
State system the necessary rights -of -way needed for the Project. After final acceptance of the
Project, the State will abandon ownership, jurisdiction, and maintenance responsibilities of
right-of-way as depicted in Exhibit C. The City agrees to waive the requirements of Arizona
Revised Statutes § 28-7209.
5.Prior to any construction of future visual enhancements to the roundabout the City will comply
with established procedures of the State's Central District Permit Office.
6.The Parties will 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.
7.The Project will be performed, completed, accepted and paid for in accordance with the
requirements of the Project plans and specifications.
THEREFORE,in consideration of the mutual terms expressed in this Agreement, 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.After signing and execution of this Agreement, by Resolution of the State's Transportation
Board, bring into the State system the necessary rights -of -way needed for the Project.
c.Prepare and provide the design plans, specifications and other such documents and services
required for the construction bidding and construction of the Project and incorporate
comments from the City as appropriate.
d.With FHWA authorization, proceed to administer construction: advertise, receive and open
bids, award, and enter into a contract with the firm for the construction of the Project.
Administer contract(s) for the Project and make all payments to the contractor(s).
e.After final acceptance of the Project, with approval by Resolution of the State's
Transportation Board, abandon and transfer ownership, jurisdiction, and maintenance
responsibilities of right-of-way as depicted in Exhibit C.
f.After acceptance by the City of ownership, jurisdiction, and maintenance responsibilities of
right-of-way depicted in Exhibit C, be granted continued right of entry approval to access
crossroads as necessary to perform landscape establishment and/or right-of-way
monumentation.
g.Issue, per established procedures of the State's Central District Permit Office, a valid blanket
Encroachment Permit for the routine/normal maintenance and emergency maintenance
Page 3 IGA/JPA 16-00062894
work to be provided by the City within the State's rights -of -way. Process any other
Encroachment Permits that may be needed to work within the State's right-of-way to
effectively meet the obligations set forth for the City in this Agreement. The State agrees all
activities that are reasonably required to be performed by the City under this Agreement
shall be set forth in and covered by the appropriate Encroachment Permit.
h.Notify the City of final inspection and acceptance of all the Project improvements, and be
responsible for the project lighting operation and maintenance as depicted in Exhibit B.
i.Issue the City a permit for roundabout enhancements, upon approval of design
and the City's permit application for future visual enhancements to the roundabout.
2.The City will:
a.Designate the State as the City's authorized agent for the Project.
b.Waive the requirements of Arizona Revised Statutes Section § 28-7209.
c.Review the design documents required for construction of the Project and provide
comments to the State as appropriate.
d.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.
e.Not permit or allow any encroachments upon or private use of the public 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.Automatically grant to the State by execution of this agreement, its agents and/or
contractors, without cost, the temporary right to enter public rights -of -way, as required, to
conduct any and all construction and preconstruction related activities for the Project, on, to
and over said public rights -of -way.
g.Request and maintain, per established procedures of the State's Central District Permit
Office, a valid blanket Encroachment Permit for the routine/normal maintenance and
emergency maintenance work provided by the City within the State's rights -of -way. Agree
to obtain separate permits for any new construction or installations in accordance with the
Central District established procedures. The City agrees all activities performed by the City
under this Agreement shall be set forth in and covered by the appropriate Encroachment
Permit.
h.After final acceptance of the Project by the State and approval by Resolution of the State's
Transportation Board, accept ownership, jurisdiction, and maintenance responsibilities of
right-of-way as depicted in Exhibit C.
Page 4 IGA/JPA 16-00062894
i.After acceptance of ownership, jurisdiction, and maintenance responsibilities, continue to
grant the State, its agents and/or contractors, without cost, right of entry approval to access
crossroads, to perform landscape establishment and/or right-of-way monumentation.
j.After final inspection and acceptance of the Project is complete assume responsibility of the
electrical energy costs at its sole expense and maintenance responsibilities as depicted in
Exhibits A & B.
k.After approval by the State, obtain a valid Encroachment Permit prior to any construction of
future visual enhancements to the roundabout in accordance with established procedures
of the State's Central District Permit Office.
I.Be responsible for any and all construction costs, maintenance costs of all components
associated with future visual enhancements including but not limited to lighting, landscape
and irrigation, and restore any Project disturbed area to pre -visual enhancement conditions
at the City's sole expense.
III.MISCELLANEOUS PROVISIONS
1.The terms, conditions and provisions of this Agreement shall remain in full force and effect until
completion of the Project. 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 shall 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 sole 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
Page 5 IGA/JPA 16-00062894
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.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 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
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 — FMS
Attn: Cost Accounting Administrator
206 S 17th Ave. Mail Drop 20413
Phoenix, AZ 85007
SingleAuditPazdot.gov
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 in this
Agreement 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
Page 6 IGA/JPA 16-0006289-I
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 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 shall comply with the applicable requirements of Arizona Revised Statutes §35-
393.01.
16. The Parties shall comply with all applicable laws, rules, regulations and ordinances, as may be
amended.
17. 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. 17 th Avenue, Mail Drop 637E
Phoenix, AZ 85007
602.712.3132 Fax
JPABranch@azdot.gov
For Project Administration:
Arizona Department of Transportation
Project Management Group
Attn: Troy Sieglitz
1611 W. Jackson Street, Mail Drop
Phoenix, AZ 85007
602.712.2211
TSieglitzPazdot.gov
For Financial Administration:
Arizona Department of Transportation
Project Management Group
205 S. 17 th Avenue, Mail Drop 614E
Phoenix, AZ 85007
TSieglitz@azdot.gov
City of Apache Junction
Attn:Emile Schmid,P.E.,City
Engineer
575 E. Baseline Avenue
Apache Junction, AZ 85119
480.982.1055
eschmid@aicity.net
City of Apache Junction
Attn:Emile Schmid,P.E.,City
Engineer
575 E. Baseline Avenue
Apache Junction, AZ 85119
480.982.1055
eschmid@aicity.net
City of Apache Junction
Attn:Donna Meinerts,Finance
Department Director
300 E.Superstition Blvd.
Apache Junction, AZ 85119
480.474.5467
DMeinerts@ajcitv.net
Page 7 IGA/JPA 16-00062894
18. In accordance with Arizona Revised Statutes § 11-952 (D) attached and incorporated in this
Agreement 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.
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 By
JEFF SERDY
Mayor
ATTEST:
By
KATHY CONNELLY
City Clerk
STEVE BOSCHEN, P.E.
Division Director
IGA/JPA 16-00062894
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 ,2017.
RICHARD J. STERN
City Attorney
trt
Superstition Blvd 4E7—
EXHIBIT A
-------I!
i 2
I I
I I
I I
I I
i A
o
92.
SR 88
"1,1
City of Apache Junction
Landscape and Irrigation
Limits of 0 & M Responsibility
Landscape irrigation service will be 'provided by the City of Apac Junction.
ADOT will install the system and the City will maintain and operat it and pay
for monthly water usage.L .___i
The City shall be responsible for maintenance and operation of the permanent
irrigation system and all costs associated with providing irrigation water.
- City of Apache Junction natural vegetation, landscaping and irrigation limits of responsibility.
- Pinal County area of responsibility.
- Arizona State Land Department area of responsibility.
i ,-
/gity of Apache Junction responsibility
//for maintaining signing, pavement
,/,'markings, curb, gutter, sidewalks
,'drainage features (except as noted)
and AC pavement, ,,, ,
L__ ------d (.e.-- --------
5upersitiA35'01
_ 1
ADOT will maintLin this HIM note,f1)trere,
o
luminaire, condjn systeiit and pi.rirt bai s Emit of
Ioverall lioh-
ADOTig4ain this scwz(lerl d
drainage di tfas part 4f ttalciyeia`
system.
EXHIBIT B
ADOT SR 88Limits of responsibility
within new RNV
...11111.11.115
SR 88 Limits of responsitlity
yew FtAN
City of Ap
for maintai
markings,
drainage
and AC p
ADOT will maintain the inlet/and riprap
so the culverts operate ai designed
as part of the overa rainage system
maintenance.
City of Apa9jIJunction will provide litti
debris pipk-up and weed control as par
the C•s overall landscape maintenan
at
)le
Junction will provide litter/
=up and weed control as part of
s overall landscape maintenance
nsibilities.
ADOIT will maintain this scupper and
drainage ditch as part of the overall
system.
Junction responsibility
signing, pavement
, gutter, sidewalks
res (except as noted)
ent
Recv,re•
0 - LED roadway lighting i
ADOT will maintain and oper 'te the lighting system.
The City of Apache Junction ill pay the monthly
electrical cost for the lighting,
N.T.S.
1/
h
'-I-
II
I ;
I 1,
1`
I
11.1..tt
SA.
Exhibit C
•117•
•__-41 red ilr.r/ll aua44ALRW;WAALIA4E6-
-O O PWI"
v V iNP.116 t%.%/* A M O R ...48 111PP"-•
_p • •
•
b
ADOT
Right Of Way
ADOT RNV
RNV to be Abandoned to the city of Apache Junction
PARCEL #I N/A
EXHIBIT #I Exh-17-012
HIGHWAY NAME:
Apache Trail
DATE I 08/08/17
PROJECT NO.
088 PN 196 H8308
ROUTE NO.:LOCATION:
SR 88 Superstition Blvd. Intersection
FEDERAL AID NO.:
088-A(201)T
SHEET NO.
1 OF 2
13,19340TROJECTS1PINAL (11)1988 PN 196 H8308. Superstition SNP RoundabounADOT In -House Cala end ExhibitskPercel Exhibits11133013_Exhibits.cfpn
N.T.S.
Exhibit C
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4
ne-
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A D O T
Right Of Way
Me.
/1.
PARCEL #
EXHIBIT #
DATE
-cire
0
N/A
Superstition Blvd.
Exh-17-012
08/08/17
ADOT R/VV
I .
R/VV to be Abandoned to
the City of Apache Junction
HIGHWAY NAME:
Apache Trail
PROJECT NO.
088 PN 196 H8308
ROUTE NO.:
SR 88
LOCATION:
Superstition Blvd. Intersection
FEDERAL AID NO.:
088-A(20 I )T
SHEET NO.
2 OF 2
Gn93401PROJECTSPINAL (11P088 PN 198 H8308 - Superstition Blvd RondabouBADOT In -House Call and ExtdbitsiParool Exhbitsli4B30111_EsNbib.dgn