Vote: adopted

Item Text

57. IGA WITH THE STATE OF ARIZONA AND MARICOPA ASSOCIATION OF GOVERNMENTS FOR HIGHWAY PLANNING AND CONSTRUCTION - NORTHERN PARKWAY: 99TH AVENUE TO 87TH AVENUE Approve an Intergovernmental Agreement (IGA) with the State of Arizona, by and through the Arizona Department of Transportation, the Maricopa Association of Governments (MAG) and Maricopa County through its Department of Transportation (MCDOT), regarding the advance design and construction of Northern Parkway: 99th Avenue to 87th Avenue. The IGA will be in effect upon the signing and dating of the Determination Letter by the State’s Attorney General and will remain in effect until the terms of the IGA are satisfied. Authorize MCDOT to apply for, accept and expend federal-aid highway grant funds up to the total project cost amount provided as adjusted for inflation by MAG. Authorize the acceptance and expenditure of additional federal-aid funding if it becomes available and allocated by MAG to MCDOT for this project. The County’s FY 2020 indirect cost rate is 13.45%. All costs under this agreement are for capital expenditures which are not subject to indirect cost recovery. Grant revenues are not local revenues for the purpose of the constitutional expenditure limitation, and therefore, expenditure of the funds is not prohibited by the budget law. The approval of this action requested does not alter the budget constraining the expenditures of local revenues duly adopted by the Board pursuant to A.R.S. §42-17105. This is one time funding, there is no required match, and the award is competitive. There are no future or ongoing contributions after the grant period ends. The grant allows MCDOT to fulfill a mandated service. MCDOT seeks Authorization for Advance Design and Construction of Northern Parkway 99th Avenue to 87th Avenue to ensure that the project costs are eligible for future federal-aid reimbursement. This authorization will allow the project to continue to move forward rather than be delayed until federal-aid reimbursement funding becomes available in FY 2021 through FY 2025 or earlier if MAG reprograms funding earlier than anticipated. This agreement allows MCDOT to advertise for design in FY 2021 and ensure MCDOT is eligible for the federal funding before funds are expended, even though reimbursements may come in later years. The final costs may exceed the estimates programmed in the MAG Arterial Life Cycle Program (ALCP), and in such case the County is responsible for any and all costs which exceed the Federal-aid Funding programmed for the Project and/or any and all costs deemed ineligible for reimbursement. Advancing this project will result in cost savings. Funds are budgeted in the FY 2021 -2025 Transportation Improvement Program (TIP) capital project fund (234) Project MAG ALCP sub-project T372 Northern Parkway: 99th Avenue to 87th Avenue. The County will program, approve, and set aside funds in the amount of $41,069,000.00 for the estimated total Project Costs provided for in this Agreement, which includes the amount for Federal-aid Funding to be reimbursed as programmed in the MAG TIP and/or ALCP. If Federal-aid Funds are not available, the County agrees to be responsible for the total actual construction costs of the Project. The current estimated MAG reimbursements are $28,741,300 based on the MAG ALCP Policies and Procedures. 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 Parties. (C-64-20-176-M-00)