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HomeMy WebLinkAbout2024 04.15 City Council Work Session Agenda City of Apache Junction, Arizona Meeting location: City Council Chambers 1U Z at City Hall Agenda 300 E.Superstition Blvd. \gilONr Apache Junction,AZ - City Council Work Session 85119 apachejunctionaz.gov Ph:(480)982-8002 Monday,April 15,2024 7:00 PM City Council Chambers A. CALL TO ORDER B. ROLL CALL C. AGENDA ITEMS 1. 24-247 Presentation and discussion on entering into an agreement with Trane Technologies Project# PWB 24-03 for the Urban Dark Skies lighting retrofit Phase 1. Project includes retrofitting City Hall and the Police Department's exterior lighting for Urban Dark Skies compliance and energy savings for an amount not to exceed $102,114.07 using the OMNIA Partners-Racine County Cooperative Contract#3341. Sponsors: Heather Hodgman Attachments: City Council Memo-Urban Dark Skies Phase 1 Trane Technologies-Urban Skies-Signed 2. 24-249 Presentation and discussion on the proposed Resolution No. 24-04 authorizing the city to enter into Intergovernmental Agreement(IGA) Amendment No. 1 with Arizona Department of Transportation (ADOT) for additional federal funds to cover the increased construction cost in the amount of$354,067 for bicycle and pedestrian improvements on Delaware Drive from 16th Avenue to Broadway Avenue. Sponsors: Raquel Schatz Attachments: Res 24-04 Council Memo 20240415.pdf Res 24-04 IGA Amendment.pdf 21-0008125-Dist C-T0309 01 D 03D 01 C-Amend-1.pdf City of Apache Junction,Arizona Page 1 Printed on 411112024 City Council Work Session Agenda April 15,2024 3. 24-251 Presentation and discussion on the proposed Resolution No. 24-06 authorizing the city to enter into Intergovernmental Agreement (IGA) Amendment No. 2 with Arizona Department of Transportation (ADOT) for additional federal funds to cover the increased construction costs in the amount of$333,671 for roadway and safety improvements on Winchester Road from 29th Avenue to Southern Avenue. Sponsors: Raquel Schatz Attachments: Res 24-06 Council Memo 20240415.pdf Res 24-06 IGA Amendment.pdf 21-0008238-Amend Two-Dist C-T032401C-FINAL.pdf 4. 24-261 Presentation and discussion on Rodeo Grounds Master Plan by J2 Engineering and Design and Parks & Recreation staff. Sponsors: Liz Langenbach Attachments: Memo City Council Rodeo Grounds Master Plan RODEO EVENT CENTER MASTER PLAN PRESENTATION - D. ADJOURNMENT Copies of this agenda and additional information on any of the items listed above may be obtained from the City Clerk's office located at 300 E Superstition Blvd,Apache Junction,AZ 85119, Monday through Thursday from 7:00a-6:00p, excluding holidays. The City of Apache Junction invites and welcomes people of all abilities to use our programs, sites and facilities. Specific requests may be made by contacting the Human Resources Office at(480)474-2617 or TDD(480) 983-0095. The Apache Junction City Council may vote to go into Executive Session for legal advice on any item listed on this agenda pursuant to A.R.S. §38-431.03(A)(3);this notice is given pursuant to A.R.S. § 38-431.02 to the members of the City Council and the public. City of Apache Junction,Arizona Page 2 Printed on 411112024 ►P�"E�c�, City of Apache Junction, Arizona 300 E Superstition Boulevard _+ Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No. 1. Piz File ID: 24-247 Sponsor: Heather Hodgman Agenda Date:4/15/2024 Index: In Control: City Council Work Session Presentation and discussion on entering into an agreement with Trane Technologies Project# PWB 24-03 for the Urban Dark Skies lighting retrofit Phase 1. Project includes retrofitting City Hall and the Police Department's exterior lighting for Urban Dark Skies compliance and energy savings for an amount not to exceed $102,114.07 using the OMNIA Partners-Racine County Cooperative Contract#3341. City of Apache Junction,Arizona Page 1 Printed on 411112024 �PQpCNF✓ ti Public Works Department E5 z e loe� J4f-.e� Home of the Superstition Mountains gHIZON Date: April 15, 2024 To: Mayor and Members of the City Council Through: Bryant Powell, City Manager Ted Wolff, Public Works Director From: Heather Hodgman, Administrative Services Manager Subject: Urban Dark Skies Lighting Retrofit Phase 1 Project# PWB24-3 The public works department is proposing to enter into an agreement with Trane Technologies to retrofit City Hall and the Police Department exterior lighting for Urban Dark Skies compliance and energy savings. The work will include, but is not limited to: 1. Retrofitting parking pole fixtures, walkways, sconces, bollards, and similar fixtures with LED lamps. 2. Providing and installing a new cloud based digital lighting control system to allow staff to control the light automation with on/off and dimming control. 3. Providing and installing a new IP controller for the Police Department bollards, walkway, accent, and other similar fixtures. 4. Providing and installing an outside light level photo sensor to the IP lighting controller which will be used to determine the outside ambient light levels. Staff respectfully requests entering into an agreement with Trane Technologies in the amount not to exceed $102,114.07 using the OMNIA Partners-Racine County Cooperative Contract #3341. 575 E. Baseline Avenue, Apache Junction, AZ 85219 • Voice (480) 982-1055 • FAX (480) 983-5752 or (480) 982-8005 CONSTRUCTION AGREEMENT BETWEEN CITY OF APACHE JUNCTION AND TRANE TECHNOLOGIES FOR PROJECT: PWB# 24-3 URBAN DARK SKIES LIGHTING RETROFIT PHASE 1 THIS AGREEMENT made and entered into by and between the CITY OF APACHE JUNCTION ("City"), an Arizona municipal corporation, and TRANE TECHNOLOGIES, an Arizona corporation, ("Contractor"), sometimes collectively referred to as the "Parties" or individually as the "Party". RECITALS A. Contractor asserts its willingness, ability and qualifications to provide the services and infrastructure (the "Work") called for in Urban Dark Skies Lighting Retrofit Phase I PWB#24-3 and Contractor's estimate dated November 14, 2023 (the "Contract Documents"). B. City and Contractor desire to set forth herein their respective responsibilities and the manner and terms upon which Contractor shall render such Work. C. City has complied with the public bidding requirements under Arizona Revised Statutes ("A.R.S.") Title 34, and Apache Junction City Code Vol. I, Chapter 3, Administration, Article 3-7, Procurement Procedures, or such work is categorically exempt from such process. AGREEMENT NOW, THEREFORE, City retains Contractor to perform, and Contractor agrees to render the Work in accordance with the terms and conditions set forth as follows: 1. PROJECT DESCRIPTION: Contractor shall do and perform or cause to be done and performed in a good workmanlike manner, the Work in accordance with and as more fully described in Urban Dark Skies Lighting Retrofit Phase I and Contractor's estimate dated February 29, 2024 as set forth in Exhibit A. 2. PAYMENTS & COMPLETION: The total amount payable by the City to the Contractor is an amount not to exceed One Hundred Two Thousand One Hundred Fourteen Thousand Dollars and Seven Cents ($102,114.07 (the "Contract Sum") for the performance of the Work under the Contract Documents except for changes authorized by properly executed change orders. All contracts will be operable for their full term at the rates quoted in the initial bid proposal, unless otherwise extended in writing by the City. Upon notice that the Work is ready for final inspection or acceptance, a City representative shall promptly cause an inspection to be made. Once City finds the Work acceptable under the Contract Documents, City shall promptly submit for processing a certificate for payment stating that, to the best of its knowledge, information and belief on the basis of its observation and inspection, the Work has been completed in accordance with the terms and conditions of the Contract Documents and that partial payment or the entire balance due the Contractor is payable. 3. CONTRACT TERM: The Term of this Agreement is April 16, 2024 to June 30, 2024. This provision does not limit the liability of Contractor for actual damages sustained by City as a result of any breach of contract or warranty by Contractor. Extensions may be approved at times as the Parties mutually deem fit. 4. LABOR AND MATERIALS: Unless otherwise provided in the Contract Documents, Contractor shall provide, pay for and insure under the requisite laws and regulations all labor, materials, equipment, tools and machinery, water, heat, utilities, transportation, other facilities and services necessary for the proper execution and completion of the Work, whether temporary or permanent, and whether or not incorporated or to be incorporated in the Work. 5. INSPECTIONS AND QUALITY OF WORK: Contractor understands and agrees that inspection of the Work performed hereunder will occur by City. Contractor agrees that City will have the exclusive right to determine, in its sole discretion, whether the Work has been performed in accordance with the Contract Documents. Contractor further agrees to make such corrections to the Work as may be directed by City to conform to said Contract Documents without requirement of a change order or any additional charge or cost to City whatsoever. 6. WARRANTY: Contractor shall guarantee the Work against defective workmanship or materials for a period of one (1) year from the date of its final acceptance under the contract, ordinary wear and tear and unusual abuse or neglect excepted. Any omission on the part of City to condemn defective work or materials at the time of construction shall not be deemed an acceptance and Contractor will be required to correct defective work or materials at any time before final acceptance. Within one (1) year from the date of final acceptance due to faults in workmanship or materials, Contractor shall begin making the necessary repairs to the satisfaction of City within fourteen (14) calendar days of receipt of written notice from City. Such work shall include the repair or replacement of other work or materials damaged or affected by making the above repairs or corrective work all at no additional cost to City. In the case of Work materials or equipment for which warranties are required by the special provisions of the Contract Documents, Contractor shall provide or secure from the appropriate subcontractor or supplier such warranties addressed to and in favor of City and deliver same to City prior to final acceptance of the Work. 2 Delivery of such warranties shall not relieve Contractor from any obligation assumed under any other provision of the contract. The warranties and guarantees provided in this subsection shall be in addition to and not in limitation of any other warrantees, guarantees or remedies required by law, and shall survive the expiration of this Agreement for the time period mentioned above. 7. TAXES: Contractor shall pay all license, sales, consumer, transaction privilege, use and other similar taxes for the Work or portions thereof provided by Contractor which are legally enacted at the time bids are received whether or not yet effective or subsequently applicable due to acts of jurisdictions or bodies other than City. 8. PERMITS & FEES: Unless otherwise provided in the Contract Documents, Contractor shall secure and pay for all permits, government fees, licenses and inspections necessary for the proper execution and completion of Work which are customarily secured after execution of the contract, and which are legally required. Contractor shall give all notices and comply with all laws, ordinances, rules, regulations and lawful orders of any public authority bearing on the performance of the Work. City permits for this Work will be provided to Contractor at no cost. Contractor represents and warrants that any license necessary to perform the Work under this Agreement is current and valid. Contractor understands that the activity described herein constitutes "doing business in the City of Apache Junction" and Contractor agrees to obtain a business license pursuant to Chapter 8 of the Apache Junction City Code, Vol. I, and keep such license current during the term of this Agreement and after termination of this Agreement any time work is performed pursuant to the warranty provisions set forth in Section 6. Contractor also acknowledges that the tax provision of the Apache Junction Tax Code, Chapter 8A, may also apply and if so, shall obtain a transaction privilege license and/or other licenses as may be required by the city code. Any activity by subcontractors within the corporate city limits will invoke the same licensing regulations on any subcontractors, and Contractor ensures its subcontractors will obtain any and all applicable licenses. Further, Contractor agrees to pay all applicable privilege and use taxes that are applicable to the activities, products and services provided under this Agreement. 9. INDEPENDENT CONTRACTOR: Contractor shall at all times during Contractor's performance of the services retain Contractor's status as an independent contractor. Contractor's employees shall under no circumstances be considered or held to be employees or agents of City, and City shall have no obligation to pay or withhold state or federal taxes or provide workers' compensation or unemployment insurance for or on behalf of them or Contractor. Contractor shall supervise and direct the delivery of the materials using its best skill and attention. Except as provided in this Agreement, Contractor shall be solely responsible for all construction means, methods, 3 techniques, sequences and procedures, and for coordinating all portions of the Work required by the Contract Documents. Contractor shall be responsible to City for the acts and omissions of its employees, subcontractors and their agents and employees and other persons providing any of the materials under any contract document. 10. SUPERINTENDENT: Contractor shall employ a competent project superintendent who shall be in attendance at the project site during the progress of the Work. The superintendent shall represent and be the community agent of Contractor and communications given to the superintendent shall be as binding as if given to Contractor. Important communications shall be confirmed in writing. The designated superintendent shall be designated for each project and communicated to City before work is performed. 11. PROGRESS SCHEDULE: Contractor shall, immediately after entering into this Agreement, generate an estimated progress schedule, which shall be maintained and updated during the project. Work may progress during regular City business hours only if it is determined by City not to disturb normal operations. 12. INDEMNIFICATION: To the fullest extent permitted by law, Contractor shall defend, indemnify and hold harmless City, its elected and appointed officers, officials, agents, and employees from and against any and all liability including but not limited to demands, claims, actions, fees, costs and expenses, including reasonable attorney and expert witness fees, arising from, or alleged to have arisen from, relating to, arising out of, or alleged to have resulted from the acts, errors, mistakes, omissions, Work or services of Contractor, its agents, employees, or any tier of Contractor's subcontractors in the performance of this Agreement, but only to the extent caused by the negligence, recklessness or intentional wrongful conduct of Contractor or its subcontractors in the performance of the Work under this Agreement or any subcontract. Contractor's duty to defend, hold harmless and indemnify City, its special districts, elected and appointed officers, officials, agents, and employees shall arise in connection with any claim, damage, loss or expense that is attributable to bodily injury, sickness, disease, death, or injury to, impairment, or destruction of property including loss of use resulting therefrom, caused by an Contractor's acts, errors, mistakes, omissions, work or services in the performance of this Agreement including any employee of Contractor, any tier of Contractor's subcontractor or any other person for whose acts, errors, mistakes, omissions, Work or services Contractor may be legally liable, but only to the extent caused by the negligence, recklessness or intentional wrongful conduct of Contractor or any tier of Contractor's subcontractors or any other person for whose acts, errors, mistakes, omissions, Work or services Contractor may be legally liable in the performance of the Work under this Agreement or subcontract. The amount and type of insurance coverage requirements set forth herein will in no way be construed as limiting the scope 4 of the indemnity in this paragraph. The rights and obligations under this Section shall survive termination of this Agreement. 13. SUBCONTRACTORS: All subcontractors chosen by Contractor will be subject to City's approval. All subcontractors shall be identified by Contractor prior to award of contract. Contractor shall make no substitutions for any subcontractor, person or entity previously selected without the approval of City. 14. APPLICABLE LAW AND VENUE: The terms and conditions of this Agreement shall be governed by and interpreted in accordance with the laws of the State of Arizona. Any action at law or in equity brought by either Party for the purpose of enforcing a right or rights provided for in this Agreement, shall be tried in a court of competent jurisdiction in Pinal County, State of Arizona. The Parties hereby waive all provisions of law providing for a change of venue in such proceeding to any other county. In the event either Party shall bring suit to enforce any term of this Agreement or to recover any damages for and on account of the breach of any term or condition in this Agreement, it is mutually agreed that the prevailing Party in such action shall recover all costs including: all litigation and appeal expenses, collection expenses, reasonable attorney fees, necessary witness fees and court costs to be determined by the court in such action. 15. INSURANCE: Contractor, at its own expense, shall purchase and maintain the herein stipulated minimum insurance with companies duly licensed, possessing a current A.M. Best, Inc. Rating of B++6, or approved unlicensed in the State of Arizona with policies and forms satisfactory to City. All insurance required herein shall be maintained in full force and effect until all Work or service required to be performed under the terms of the Agreement is satisfactorily completed and formally accepted; failure to do so may, at the sole discretion of City, constitute a material breach of this Agreement. Contractor's insurance shall be primary insurance as respects the City, and any insurance or self-insurance maintained by City shall not contribute to it. Any failure to comply with the claim reporting provisions of the insurance policies or any breach of an insurance policy warranty shall not affect coverage afforded under the insurance policies to protect City. The insurance policies, except Workers' Compensation, shall contain a waiver of transfer rights of recovery (subrogation) against City, its agents, officers, officials and employees for any claims arising out of Contractor's acts, errors, mistakes, omissions, Work or service. The insurance policies may provide coverage which contains deductibles or self-insured retentions. Such deductible and/or self-insured retentions shall not 5 be applicable with respect to the coverage provided to City under such policies. Contractor shall be solely responsible for the deductible and/or self retention and City, at its option, may require Contractor to secure payment of such deductibles or self-insured retentions by a surety bond or an irrevocable and unconditional letter of credit. City reserves the right to request and to receive, within ten (10) working days, certified copies of any or all of the herein required insurance policies and/or endorsements. City shall not be obligated, however, to review same or to advise Contractor of any deficiencies in such policies and endorsements, and such receipt shall not relieve Contractor from, or be deemed a waiver of, City's right to insist on strict fulfillment of Contractor's obligations under this Agreement. The insurance policies, except Workers' Compensation and Professional Liability, required by this Agreement, shall name City, its agents, officers, officials and employees as Additional Insureds. REQUIRED COVERAGE Commercial General Liability Contractor shall maintain Commercial General Liability insurance with a limit of not less than $1,000,000 for each occurrence with a $2,000,000 Products/Completed Operations Aggregate and a $2,000,000 General Aggregate limit. The policy shall include coverage for bodily injury, broad form property damage, personal injury, products and completed operations and blanket contractual coverage including, but not limited to, the liability assumed under the indemnification provisions of this Agreement, which coverage will be at least as broad as that on Insurance Service Office, Inc. Policy Form No. CG 00011093, or the equivalent thereof. Such policy shall contain a severability of interest provision and shall not contain a sunset provision or commutation clause, nor any provision which would serve to limit third party action over claims. The Commercial General Liability additional insured endorsement shall be at least as broad as the Insurance Service Office, Inc.'s Additional Insured, Form B, CG 20101185, or the equivalent thereof, and shall include coverage for Contractor's operations and products and completed operations. If required by this Agreement, if Contractor sublets any part of the Work, services or operations, Contractor shall purchase and maintain, at all times during prosecution of the Work, services or operations under this Agreement, an Owner and Contractor's Protective Liability insurance policy for bodily injury and property damage, including death, which may arise in the prosecution of Contractor's work, service or operations under this Agreement. Coverage shall 6 be on an occurrence basis with a limit not less than $1,000,000 per occurrence, and the policy shall be issued by the same insurance company that issues Contractor's Commercial General Liability insurance. Automobile Liability Contractor shall maintain Commercial/Business Automobile Liability insurance with a combined single limit for bodily injury and property damage of not less than $1,000,000 each occurrence with respect to Contractor's owned, hired, and non-owned vehicles assigned to or used in performance of Contractor's work. Coverage will be at least as broad as coverage code 1, "any auto", (Insurance Service Office, Inc. Policy Form CA 00011293, or the equivalent thereof). Such insurance shall include coverage for loading and off-loading hazards. If hazardous substances, materials or wastes are to be transported, MCS 90 endorsement shall be included and $5,000,000 per accident limits for bodily injury and property damage shall apply. Workers' Compensation Contractor shall carry Workers' Compensation insurance to cover obligations imposed by federal and state statutes having jurisdiction of Contractor's employees engaged in the performance of the Work or services; and Employer's Liability insurance of not less than $100,000 for each accident, $100,000 disease for each employee, and $500,000 disease policy limit. By execution of this Agreement, Contractor certifies as follows: "I am aware and understand the provisions of A.R.S. § 23-901 et seq. which requires every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of this chapter, and I will comply with such provisions before commencing the performance of the Work of this Agreement." If Contractor has no employees for whom workers' compensation insurance is required, Contractor shall submit a declaration or affidavit to City so stating and covenanting to obtain such insurance if and when Contractor employs any employees subject to coverage. In case any work is subcontracted, Contractor will require subcontractors to provide Workers' Compensation and Employer's Liability insurance to at least the same extent as required of Contractor. Certificates of Insurance Prior to commencing work or services under this Agreement, Contractor shall furnish City with Certificates of Insurance, or formal endorsements as required by the Agreement, issued by Contractor's insurer(s), as evidence that policies 7 providing the required coverages, conditions and limits required by this Agreement are in full force and effect. The form of the certificates of insurance and endorsements shall be subject to the approval of the Apache Junction City Attorney's Office, shall comply with the terms of this Agreement, and shall be issued and delivered to City Attorney, City of Apache Junction, 300 East Superstition Boulevard, Apache Junction, AZ, 85119. In the event any insurance policies required by this Agreement are written on a "claims made" basis, coverage shall extend for two (2) years past completion and acceptance of Contractor's Work or services and as evidenced by annual Certificates of Insurance. If a policy does expire during the life of the Agreement, a renewal certificate must be sent to City thirty (30) calendar days prior to the expiration date. All Certificates of Insurance shall be identified with bid serial number and title. Policies or certificates and completed forms of City's Additional Insured Endorsement (or a substantially equivalent insurance company form acceptable to the City Attorney) evidencing the coverage required by this section shall be filed with the City and shall include the City as an additional insured. The policy or policies shall be in the usual form of a public liability insurance, but shall also include the following provision: "Solely as respects work done by or on behalf of the named insured for the City of Apache Junction, it is agreed that the City of Apache Junction and its officers and employees are added as additional insureds under this policy." Insurance required herein shall not expire, be canceled, or materially changed without thirty (30) calendar days' prior written notice to City. 16. CHANGE ORDERS: A change order is a written order to Contractor, approved by a City representative, issued after execution of this construction agreement authorizing a change in the Work or an adjustment in the construction agreement sum or the construction agreement time. A change order signed by Contractor indicates his agreement therewith. City may, without invalidating this construction agreement, order changes in the Work within the general scope of this construction agreement consisting of additions, deletions or other revisions, the construction agreement sum and the construction agreement being adjusted accordingly. All such changes in the Work shall be authorized by Change Order and shall be performed under the applicable conditions of this construction agreement. City representative shall have authority to order minor changes in the Work not involving an adjustment in the construction agreement sum or extension of construction agreement time and not inconsistent with the intent of this construction agreement. All such 8 changes shall be affected by written order and shall be binding upon City and Contractor. 17. SUCCESSORS, ASSIGNMENT & DELEGATION: City and Contractor each bind themselves, their partners, successors, assigns and legal representatives to the other Party hereto and to the partners, successors, assigns and legal representatives of such other Party in respect to all covenants, agreements and obligations contained in the contract documents. Neither Party to the contract shall assign the contract or sublet it as a whole or delegate the duties hereunder, without the written consent of the other, nor shall Contractor assign any monies due or to become due to it without the previous written consent of City. 18. WRITTEN NOTICE: Written notice shall be deemed to have been duly served if delivered in person to the individual or member of the firm or entity, or to an office of the corporation for whom it was intended or if delivered at or sent registered or certified mail, return receipt requested, and first-class postage prepaid to the last business address known to them who gives the notice. 19. CLAIMS FOR DAMAGES: Should either Party to the contract suffer injury or damage to personal property because of any act or omission of the other Party or of their employees or agents for whose acts they are legally liable, claims shall be made in writing to such other Parties within a reasonable time after the first observance of such injury or damages. 20. PAYMENT & PERFORMANCE BONDS: City shall have the right to require Contractor to furnish bonds covering the faithful performance of the contract and the payment of all obligations arising hereunder. 21. SAFETY: Contractor and/or its subcontractors shall be solely responsible for job safety at all times. 22. RIGHTS & REMEDIES: The duties and obligations imposed by the Contract Documents and the rights and remedies available hereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. No action or failure to act by City or Contractor shall constitute a waiver of any right or duty afforded any of them under the contract, nor shall any action or failure to act constitute an approval of or an acquiescence to any breaches hereunder except as may be specifically agreed to in writing. 23. FORCE MAJEURE: Neither City nor Contractor, as the case may be, shall be considered not to have performed its obligations under this Agreement in the event of enforced delay (an "Enforced Delay") due to causes beyond its control and without its fault or negligence or failure to comply with applicable 9 laws, including, but not restricted to, acts of God, fires, floods, epidemics, pandemics, quarantine, restrictions, embargoes, labor disputes, and unusually severe weather or the delays of subcontractors or materialmen due to such causes, acts of a public enemy, war, terrorism or act of terror (including but not limited to bio-terrorism or eco-terrorism), nuclear radiation, blockade, insurrection, riot, labor strike or interruption, extortion, sabotage, or similar occurrence or any exercise of the power of eminent domain of any governmental body on behalf of any public entity, or a declaration of moratorium or similar hiatus (whether permanent or temporary) by any public entity directly affecting the obligations under this Agreement. In no event will Enforced Delay include any delay resulting from unavailability for any reason of labor shortages, or the unavailability for any reason of particular Contractors, subcontractors, vendors or investors desired by Contractor in connection with the obligations under this Agreement. Contractor agrees that Contractor alone will bear all risks of delay which are not Enforced Delay. In the event of the occurrence of any such Enforced Delay, the time or times for performance of the obligations of the Party claiming delay shall be extended for a period of the Enforced Delay; provided, however, that the Party seeking the benefit of the provisions of this Section shall, within thirty (30) calendar days after such Party knows or should know of any such Enforced Delay, first notify the other Party of the specific delay in writing and claim the right to an extension for the period of the Enforced Delay; and provided further that in no event shall a period of Enforced Delay exceed ninety (90) calendar days. 24. TERMINATION BY CITY: A. TERMINATION BY CITY: City shall be permitted to terminate this Agreement if in the discretion of the city manager or his or her designee, believes Contractor has failed to meet the terms of this Agreement. City shall provide Notice of Termination to Contractor by Certified U.S. Mail ten (10) calendar days before such termination takes effect. B. TERMINATION BY CONTRACTOR: Contractor may terminate this Agreement if City fails to make payment as agreed upon in this document. Any other termination will be deemed a breach of contract by Contractor. Contractor shall provide Notice of Termination to City by Certified U.S. Mail ten (10) calendar days before such termination takes effect. 25. RECORDS: Records of Contractor's labor, payroll and other costs pertaining to this Agreement shall be kept on a generally recognized accounting basis and made available to City for inspection on request. Contractor shall maintain records for a period of at least two (2) years after termination of this Agreement and shall make such records available during that retention period for examination or audit by City personnel during regular business hours. 10 26. AMENDMENT: It is mutually understood and agreed that no alteration or variation of the terms and conditions of this Agreement shall be valid unless made in writing and signed by the Parties hereto, and that oral understandings or agreements not incorporated herein shall not be binding on the parties. The representatives of the Parties (signatory for Contractor noted below or his or her designee, and the City Manager, or his or her designee) shall be authorized to execute future amendments or extensions of this Agreement. 27. ENTIRE AGREEMENT: This Agreement and any attachments represent the entire agreement between City and Contractor and supersede all prior negotiations, representations or agreements, either express or implied, written or oral. It is mutually understood and agreed that no alteration or variation of the terms and conditions of this Agreement shall be valid unless made in writing and signed by the Parties hereto. Written and signed amendments shall automatically become part of the supporting documents, and shall supersede any inconsistent provision therein; provided, however, that any apparent inconsistency shall be resolved, if possible, by construing the provisions as mutually complementary and supplementary. 28. SEVERABILITY: City and Contractor each believe that the execution, delivery and performance of this Agreement are in compliance with all applicable laws. However, in the unlikely event that any provision of this Agreement is declared void or unenforceable (or is construed as requiring City to do any act in violation of any applicable laws, including any constitutional provision, law, regulation, or city code), such provision shall be deemed severed from this Agreement and this Agreement shall otherwise remain in full force and effect; provided that this Agreement shall retroactively be deemed reformed to the extent reasonably possible in such a manner so that the reformed agreement (and any related agreements effective as of the same date) provide essentially the same rights and benefits (economic and otherwise) to the Parties as if such severance and reformation were not required. Unless prohibited by applicable laws, the Parties further shall perform all acts and execute, acknowledge and/or deliver all amendments, instruments and consents necessary to accomplish and to give effect to the purposes of this Agreement, as reformed. 29. TIME IS OF THE ESSENCE: Time is of the essence with respect to all provisions in this Agreement. Any delay in performance by either Party shall constitute a material breach of this Agreement. 30. CONFLICT OF INTEREST: The provisions of A.R.S. § 38-511 relating to cancellation of contracts due to conflicts of interest shall apply to this contract. 31. PROHIBITION TO CONTRACT WITH CONTRACTORS WHO ENGAGE IN BOYCOTT OF THE STATE OF ISRAEL: The Parties acknowledge A.R.S. §§ 35-393 through 35-393.03, as amended, which forbids public entities 11 from contracting with Contractors who engage in boycotts of the State of Israel. Should Contractor under this Agreement engage in any such boycott against the State of Israel, this Agreement shall be deemed automatically terminated by operation of law. Any such boycott is a material breach of contract. 32. CERTIFICATION PURSUANT TO A.R.S. § 35-394. In accordance with Arizona Revised Statutes § 35-394, Contractor hereby certifies and agrees that Contractor does not currently and shall not for the duration of this Agreement use: 1) the forced labor of ethnic Uyghurs in the People's Republic of China, 2) any services or goods produced by the forced labor of ethnic Uyghurs in the People's Republic of China, and/or 3) any suppliers, contractors or subcontractors that use the forced labor or any services or goods produced by the forced labor of ethnic Uyghurs in the People's Republic of China. If Contractor becomes aware during the term of this Agreement that Contractor is not in compliance with this Section, then Contractor shall notify the City within five (5) business days after becoming aware of such noncompliance. If Contractor does not provide the City with written certification that Contractor has remedied such noncompliance within one hundred eighty (180) days after notifying the City of such noncompliance, this Agreement shall terminate, except that if the Agreement termination date occurs before the end of such one hundred eighty (180) day remedy period, this Agreement shall terminate on such contract termination date. 33. COMPLIANCE WITH FEDERAL AND STATE LAWS: Contractor understands and acknowledges the applicability of the American with Disabilities Act, the Immigration Reform and Control Act of 1986 and the Drug Free Workplace Act of 1989 to the services performed under this Agreement. As required by A.R.S. § 41-4401, Contractor hereby warrants its compliance with all federal immigration laws and regulations that relate to its employees and A.R.S. § 23-214(A). Contractor further warrants that after hiring an employee, Contractor will verify the employment eligibility of the employee through the E- Verify program. If Contractor uses any subcontractors in performance of services, subcontractors shall warrant their compliance with all federal immigration laws and regulations that relate to its employees and A.R.S. § 23- 214(A), and subcontractors shall further warrant that after hiring an employee, such subcontractor verifies the employment eligibility of the employee through the E-Verify program. A breach of this warranty shall be deemed a material breach of the Agreement that is subject to penalties up to and including termination of this Agreement. Contractor is subject to a penalty of $100 per day for the first violation, $500 per day for the second violation, and $1,000 per day for the third violation. City at its option may terminate this Agreement after the third violation. Contractor shall not be deemed in material breach of this Agreement if the Contractor and/or subcontractors establish compliance with the employment verification provisions of Sections 274A and 274B of the federal Immigration and Nationality Act and the E-Verify requirements contained in 12 A.R.S. § 23-214(A). City retains the legal right to inspect the papers of any Contractor or subcontractor employee who works under this Agreement to ensure that the Contractor or subcontractor is complying with the warranty. Any inspection will be conducted after reasonable notice and at reasonable times. If state law is amended, the Parties may modify this paragraph consistent with state law. IN WITNESS WHEREOF the Parties hereto have caused this Agreement to be signed by their duly authorized representative as of this day of 20_. CONTRACTOR: TRANE TECHNOLOGIES, an Arizona corporation By: Devon Hubbard Its: Area General Manager CITY: CITY OF APACHE JUNCTION, ARIZONA, an Arizona municipal corporation By: Walter"Chip" Wilson Its: Ma or ATTEST: Jennifer Pena City Clerk APPROVED AS TO FORM: Richard J. Stern City Attorney 13 EXIBIT A 14 Trane Proposal r�uvE• Proposal For: Local Trane Representative: City of Apache Junction Jerry Behnke E-mail:jerry.behnke@trane.com Local Trane Office: Cell: (602)350-6322 Trane U.S. Inc. Office Phone: (602)258-9600 850 West Southern Avenue Tempe, AZ 85282 Proposal ID: 7437273 COOP Quote Number: V3-YZ9AAO-23-001 Date: February 29, 2024 COOP or Federal Contract ID: OMNIA Racine#3341 #n-:rrn•a+ia u• -�- • r'l�� • w.r R^N = O 2024 Trane Technologies.All Rights Reserved. Confidential and Proprietary Information of Trane U.S.Inc.. Prepared For: Date: City of Apache Junction February 29, 2024 Job Name: Proposal ID: City of Apache Junction—Urban Dark Skies Lighting Phase 1 7437273 Delivery Terms: Payment Terms: Freight Allowed and Prepaid—F.O.B. Factory Net 30 Proposal Expiration Date: 120 Days Scope of Work Systems and Equipment Trane is pleased to provide a proposal to retrofit the City of Apache Junction City Hall and Police Dept complex exterior lighting for Urban Dark Skies compliance and energy savings. This pricing is based upon the Lighting inventory provided by the city and on site surveys. Trane to retrofit parking pole fixtures per audit sheet with new and controllable fixture housings with LED lamps at or below 3000 kelvin color temperature for uniform warm lighting to guarantee dark sky compliance. Bollard and other similar fixtures to be retrofitted with LED Lamps at or below 3000 Kelvin color temperature for site wide consistency. Provide and install cloud based digital lighting control system for new pole lights and Integrate into the City's existing Ensemble system.This allows for individual light automation with on/off&dimming control and status monitoring of energy, pole tilt, lamp condition and run time of each fixture. Trane to provide and install new IP controller for the Police dept. bollard, walkway, accent and other existing similar fixtures and integrate into the City's existing Ensemble EMS system. Trane to provide and install an outside light level photo sensor to the new IP lighting controller to determine outside ambient light levels. Retrofitted pole light circuits for City Hall and PD as well as PD accent and other type lighting will be removed from existing timeclocks and control systems. Since the existing City Hall lighting control system is due for replacement in the future, City Hall bollard, sconces, walkway, flagpole and other similar non poles lights to remain under control of this system for now. This project qualifies for an SRP rebate and Trane will assist to secure available rebates This project is Urban Dark Skies compliant. This is a turnkey project. Aerial equipment included. R n N — Page 2 of 4 ©2024 Trane Technologies.All Rights Reserved. E �% Confidential and Proprietary Information of Trane U.S.Inc.. II Control System Services Included • Project Management • Engineered Controls Submittals and As-Built Drawings • Installation of field DDC Panel(s), Device(s), and low voltage Control Wiring per NFPA, NEC, and/or local Building Code requirements • System Programming, Graphics, and Start-up • 1 st Year Parts and Labor Warranty Services Not Included • Ethernet drop and IP address. • Any temporary controls. Control System Clarifications and/or Exclusions • The owner shall maintain a safe working environment for Trane employees and/or subcontractors. • Existing control power circuits/wiring and/or sensor wiring that meet code and control requirements may be reused, Pricing Apache Junction City Of Site Address: City of Apache Junction 1001 North Idaho Road Apache Junction, AZ 85119 Pricing Total Net Price(Including Estimated Sales Tax)............................................................$102,114.07 Respectfully submitted, Jerry Behnke Trane U.S. Inc. E-mail:jerry.behnke@trane.com Office Phone: (602)258-9600 `N — Page 3 of 4 O 2024 Trane Technologies.All Rights Reserved. T t C r N 0,0 Z'15 Confidential and Proprietary Information of Trane U.S.Inc.. Per Terms and Conditions of OMNIA Racine 3341 MANE/OMNIA P rinars-Racine county A3341 OMNtAPropnsal4: V3-YZMAO-23-001 PROJECT:Cited Al Urban NlIft Sky Place Ughtir#t Phase I LMMEPARTSBE0UIPMEN7 PFoductCode LIST USCMULT. Ileb WA) BAS controls T-1009 $3,086.39 06229 $1,92251 Split AC System T-413 $0.00 a4294 $0.00 LAB OMNIA%Radne LABOR CLASSIFICATION LABOR RATE/IR M HYAZ&.16-ngAutomation techn can $192.35 20.0 $3,847.00 Pipe fitter/Plu mbing $13464 OO 50.00 WACTedrnIclan $10148 QO $0.00 Electrician $164,39 1960 532,22A44 Eleancal Project Manager $185.27 40.0 $7,410,80 Trane Engineering $187.21 8.0 $1,497.68 Trane Project Manager $185.27 40.0 $7.410.80 Trane Project Administrator $91.19 &0 $n9.52 MISCFLLAN EOUS MATERIAL Mat'Ijsub,etca• $34,752.55 a715 $4$604.97 SUB-TOTAL $1031 643.72 Bond $0 00 Tax 87068 CONTRACT SELL PRICE: $104,514.40 ACTUAL SELL PRIC£ SWL243.38 Bond 000 Tax 870.68 ACTU AL SELL PRICE WHALES TAX 6 BOND 114 R `N— Page 4 of 4 ®2024 Trane Technologies.All Rights Reserved ICCHK0.onr/sConfidential and Proprietary Information of Trane U.S. Inc. ►P�"E�c�, City of Apache Junction, Arizona 300 E Superstition Boulevard = Agenda Item Cover Sheet Apache Junction,AZ _ 85119 Agenda Item No.2. PizoNr File ID: 24-249 Sponsor: Raquel Schatz Agenda Date:4/15/2024 Index: In Control: City Council Work Session Presentation and discussion on the proposed Resolution No. 24-04 authorizing the city to enter into Intergovernmental Agreement(IGA)Amendment No. 1 with Arizona Department of Transportation (ADOT)for additional federal funds to cover the increased construction cost in the amount of$354,067 for bicycle and pedestrian improvements on Delaware Drive from 16th Avenue to Broadway Avenue. City of Apache Junction,Arizona Page 1 Printed on 411112024 JPublic Works Department �1 � �e/ve 6 - �yl Home of the Superstition Mountains I! MEMORANDUM DATE: April 15, 2024 TO: Mayor and Members of City Council THROUGH: Bryant Powell, City Manager Ted Wolff, Public Works Director FROM: Raquel Schatz, Project Engineer SUBJECT: Utilization of Unobligated Federal Funds PWC2021-04 Delaware Drive Roadway Improvement Project REQUEST The City pursued additional federal funds for bicycle and pedestrian improvements on Delaware Drive from 1611 Avenue to Broadway Avenue in 2023 due to the construction cost increase during design. BACKGROUND Maricopa Association of Governments (MAG) attempts to utilize all of the spending authority made available to the region. To meet this goal, MAG established a closeout process. The most important criteria for a Closeout project is that it must have completed the federal project development process through a self-certified agency (ADOT) and be in a position to go to bid by the end of the current federal fiscal year (June 1st). Closeout priorities are to advance a current federally funded programmed project that are ready to be obligated, second is to increase the federal share of projects being obligated, then street sweepers, and lastly design. 575 E. Baseline Avenue, Apache Junction, AZ 85119 • Voice (480) 982-1055 • FAX (480) 982-8005 Public Works Department Home of the Superstition Mountains I� tr"s � DISCUSSION The City is in an agreement with ADOT for the following: IGA 21-0008125-1 IGA 24-0009578-1 Resolution 21-09 Resolution 24-04 Original IGA Amend #1 Amended Total PDA Costs City 100% $ 30,000 $ 10,000 $ 40,000 Design Federal 94.3% $ 424,350 $ 424,350 City 5.7% $ 25,650 $ 25,650 City 100% $ 7,974 $ 7,974 Subtotal — Design/PDA $ 480,000 $ 17,974 $ 497,974 Construction Federal 94.3% $ 2,684,072 $ 3,173,549 $ 5,857,621 City 5.7% $ 162,240 $ 191,827 $ 354,067 City 100% $ 381,020 ($ 381,020) Subtotal — Construction $ 3,227,332 $ 2,984,356 $ 6,211,688 Estimated TOTAL Project $ 3,707,332 $ 3,002,330 $6,709,662 Cost Estimated City $ 598,910 ($ 171,219) $ 427,691 Funds Estimated Federal $ 3,108,422 $ 3,173,549 $ 6,281,971 Funds RECOMMENDATION The Public Works Department is requesting City Council approval to enter into an Intergovernmental Agreement (IGA) Amendment with ADOT which will provide additional federal funds to cover the increased construction costs for the pedestrian improvements of Delaware Drive in the amount of $ 354,067. ACTION REQUIRED Presentation and discussion on the proposed IGA Amendment #1 at the April 15th, 2024 Working Session with consideration at the May 7th, 2024 Regular Session (consent agenda). Attachment 1: Intergovernmental Agreement 575 E. Baseline Avenue, Apache Junction, AZ 85119 • Voice (480) 982-1055 • FAX (480) 982-8005 RESOLUTION NO. 24-04 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 DELAWARE DRIVE, 16TH AVE TO BROADWAY AVE PEDESTRIAN IMPROVEMENT PROJECT. WHEREAS, on June 8, 2021 the City of Apache Junction ("City") and the State of Arizona Department of Transportation ("ADOT") entered into an Intergovernmental Agreement ("IGA") for a pedestrian improvement project on Delaware Drive between 16tn and Broadway Avenues (the "Project") ; and WHEREAS, the City recently received, through the Maricopa Association of Governments ("MAG") , additional federal funds to cover the increased construction costs since 2021; and WHEREAS, the attached written amendment (""IGA/JPA 21- 0008125-I, Amendment No. One: 24-0009578-I") modifies the original financial and administrative conditions for construction of the Project, which takes into account the available MAG funds . NOW, THEREFORE, BE 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 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 DAY OF , 2024 . SIGNED AND ATTESTED TO THIS DAY OF , 2024 . WALTER "CHIP" WILSON Mayor RESOLUTION NO. 24-04 PAGE 1 OF 2 ATTEST: JENNIFER PENA City Clerk APPROVED AS TO FORM: RICHARD J. STERN City Attorney RESOLUTION NO. 24-04 PAGE 2 OF 2 ADOT CAR No.: IGA 21-0008125-I Amendment No. One: 24-0009578-I AG Contract No.: P0012021000600 Project Location/Name: Delaware Drive, 16th Ave to Broadway Ave Type of Work: Pedestrian Improvements Federal-aid No.:APJ-0(218)T ADOT Project No.: T0309 01D/03D/01C TIP/STIP No.:APJ24-030D,APJ23-040, APJ24-030C CFDA No.: 20.205 - Highway Planning and Construction Budget Source Item No.: NA AMENDMENT NO. ONE TO INTERGOVERNMENTAL AGREEMENT BETWEEN THE STATE OF ARIZONA AND CITY OF APACHE JUNCTION THIS AMENDMENT NO.ONE to INTERGOVERNMENTAL AGREEMENT (the"Amendment No. One"),is entered into this date ,pursuant to Arizona Revised Statutes ("A.R.S.") §§ 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 each individually referred to as a"Party" and are collectively referred to as the"Parties." WHEREAS,the INTERGOVERNMENTAL AGREEMENT, IGA 21-0008125-I,A.G. Contract No. P0012021000600,was executed on June 8, 2021, (the"Original Agreement"); WHEREAS,the State is empowered by A.R.S. §28-401 to enter into this Amendment No. One and has delegated to the undersigned the authority to execute this Amendment No. One on behalf of the State; WHEREAS,the City is empowered by A.R.S.§48-572 to enter into this Amendment No. One and has by resolution,if required,a copy of which is attached and made a part of, resolved to enter into this Amendment No. One and has authorized the undersigned to execute this Amendment No. One on behalf of the City; and NOW THEREFORE,in consideration of the mutual terms expressed herein,the purpose of this Amendment No. One is to increase the Project costs; Exhibit A is revised and replaced accordingly.The Parties desire to amend the Original Agreement,as follows: The Parties incorporate the paragraphs set forth above and Exhibit A as part of the body of this Amendment No. One. Page 1 of 5 IGA: 21-0008125-1 Amendment No. One: 24-0009578-I I. RECITALS Section I,Paragraph 3 is revised,as follows: 3. The work proposed under this Agreement consists of pedestrian improvements along Delaware Drive from 16tnAvenue to Broadway Avenue, (the "Project").The Project includes sidewalks, curb and gutter on the west side, shared turning lane,bicycle lanes,and street lights.The Project cost is estimated at$6,709,662,as shown in Exhibit A,which includes federal aid and the City's match.The State will administer the design,advertise,bid and award,and administer the construction of the Project. II. SCOPE OF WORK Section II,Paragraph 2.e.is revised,as follows: 2. The State will: e. After completion of design and prior to bid advertisement,invoice the City for the actual PDA costs,as applicable,and the City's share of the Project construction costs, estimated at$354,067.After the Project costs for construction are finalized,the State will either invoice or reimburse the City for the difference between estimated and actual costs. Deobligate or otherwise release any remaining federal funds from the scoping/design phase of the Project. Section II,Paragraph 3.d.is revised,as follows: 3. The City will: 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 PDA costs and the City's share of the Project construction costs, estimated at$354,067,and if applicable,the difference between the final and initial construction cost estimates. Be responsible for and pay the difference between the estimated construction cost and Project bid amount prior to award.After Project completion,be responsible for and pay any outstanding Project costs,within 30 days of receipt of an invoice. III. MISCELLANEOUS PROVISIONS Section III,Paragraph 22.is revised,as follows: 22. Contractor Certifications.The Parties shall certify that all contractors comply with the applicable requirements of A.R.S.§§ 35-393.01 and 35-394. Page 2 of 5 IGA: 21-0008125-1 Amendment No. One: 24-0009578-I EXCEPT AS AMENDED,ALL OTHER terms and conditions of the Original Agreement remain in full force and effect. Remainder of this page is intentionally left blank. (Signatures begin on the next page) Page 3 of 5 IGA: 21-0008125-1 Amendment No. One: 24-0009578-I THIS AMENDMENT NO.ONE shall become effective upon the full completion of signing and dating by all Parties to this Amendment No. One. IN ACCORDANCE WITH A.R.S. § 11-952 (D),the written determination of each Party's legal counsel providing that the Parties are authorized under the laws of this State to enter into this Amendment No. One and that the Amendment No. One is in proper form is set forth below. IN WITNESS WHEREOF,the Parties have executed this Amendment No. One the day and year first above written. CITY OF APACHE JUNCTION By Date WALTER"CHIP"WILSON Mayor ATTEST: By Date JENNIFER PENA City Clerk I have reviewed the above referenced Amendment No. One to the Original 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 A.R.S.§§ 11- 951 through 11-954 and A.R.S. §48-572 and declare this Amendment No. One 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 Amendment No. One. Approved as to Form: By Date City Attorney Page 4 of 5 IGA: 21-0008125-I Amendment No. One: 24-0009578-I ARIZONA DEPARTMENT OF TRANSPORTATION By Date STEVE BOSCHEN,PE Infrastructure Delivery and Operations Division Division Director A.G. Contract No. P0012021000600 (ADOT IGA 21-0008125-I Amendment No. One: 24- 0009578-I),an Agreement between public agencies,the State of Arizona and the City of Apache Junction has been reviewed pursuant to A.R.S.§§ 11-951 through 11-954 and A.R.S. § 28-401 by the undersigned Assistant Attorney General who has determined that it is in the proper form and is within the powers and authority granted to the State of Arizona. No opinion is expressed as to the authority of the remaining Parties, other than the State or its agencies,to enter into said Amendment No. One. By Date Assistant Attorney General Page 5 of 5 EXHIBIT A IGA/JPA: 21-0008125-1 Delaware Drive, Amendment No. One: 24-0009478-1 16th Ave to Broadway Ave T0309 01D/03D/01C Cost Estimate The Project costs are estimated as follows: Original Amend#1 AMENDED TOTAL Executed Date: June 8, 2021 Pending ADOT Project Development Administration (PDA) Cost.non-federal-aid: City's contribution @ 100% $ 30,000 $10,000 $ 40,000 Scoping/Design: Federal-aid funds @ 94.3% $ 424,350 $ 424,350 City's match @ 5.7% $ 25,650 $ 25,650 City's contribution @ 100% $ 7,974 $ 7,974 Subtotal-Scoping/Design/PDA $ 480,000 $ 17,974 $ 497,974 Construction:* Federal-aid funds @ 94.3% $ 2,684,072 $ 3,173,549 $ 5,857,621 City's match @ 5.7% $ 162,240 $ 191,827 $ 354,067 City's contribution @ 100% $ 381,020 $ (381,020) Subtotal-Construction $ 3,227,332 $ 2,984,356 $ 6,211,688 Estimated TOTAL Project Cost $ 3,707,332 $ 3,002,330 $ 6,709,662 Total Estimated City Funds $ 598,910 $ (171,219) $ 427,691 Total Federal Funds $ 3,108,422 $ 3,173,549 $ 6,281,971 *(Includes 15% CE (this percentage is subject to change,any change will require concurrence from the City) and 5% Project contingencies) ►P�"E�c�, City of Apache Junction, Arizona 300 E Superstition Boulevard = Agenda Item Cover Sheet Apache Junction,AZ _ 85119 Agenda Item No. 3. PizoNr File ID: 24-251 Sponsor: Raquel Schatz Agenda Date:4/15/2024 Index: In Control: City Council Work Session Presentation and discussion on the proposed Resolution No. 24-06 authorizing the city to enter into Intergovernmental Agreement(IGA)Amendment No. 2 with Arizona Department of Transportation (ADOT)for additional federal funds to cover the increased construction costs in the amount of$333,671 for roadway and safety improvements on Winchester Road from 29th Avenue to Southern Avenue. City of Apache Junction,Arizona Page 1 Printed on 411112024 JPublic Works Department �1 � �e/ve 6 - �yl Home of the Superstition Mountains I! MEMORANDUM DATE: April 15, 2024 TO: Mayor and Members of City Council THROUGH: Bryant Powell, City Manager Ted Wolff, Public Works Director FROM: Raquel Schatz, Project Engineer SUBJECT: Utilization of Unobligated Federal Funds PWC2021-03 Winchester Road Improvement Project REQUEST The City pursued additional federal funds for roadway and safety improvements on Winchester Road from 2911 Avenue to Southern Avenue in 2023 due to the construction cost increase during design. BACKGROUND Maricopa Association of Governments (MAG) attempts to utilize all of the spending authority made available to the region. To meet this goal, MAG established a closeout process. The most important criteria for a Closeout project is that it must have completed the federal project development process through a self-certified agency (ADOT) and be in a position to go to bid by the end of the current federal fiscal year (June 1st). Closeout priorities are to advance a current federally funded programmed project that are ready to be obligated, second is to increase the federal share of projects being obligated, then street sweepers, and lastly design. 575 E. Baseline Avenue, Apache Junction, AZ 85119 • Voice (480) 982-1055 • FAX (480) 982-8005 Public Works Department Home of the Superstition Mountains I� tr"s � DISCUSSION The City is in an agreement with ADOT for the following: IGA 21-0008238-1 IGA 22-0008506-1 IGA 23-0009566-1 Resolution 21-36 Resolution 22-07 Resolution 24-06 Original IGA Amend #1 Amend #2 Amended Total PDA Costs City 100% $ 30,000 $ 20,000 $ 50,000 Design Federal 94.3% City 5.7% City 100% $ 320,000 ($ 320,000) Subtotal — Design/PDA $ 350,000 ($ 320,000) $ 20,000 $ 50,000 Construction Federal 94.3% $ 1,349,784 $ 4,170,410 $ 5,520,194 City 5.7% $ 81,588 $ 252,083 $333,671 City 100% $ 920,556 ($ 898,131) $22,425 Subtotal — Construction $ 2,351,928 $ 3,524,362 $ 5,876,290 Estimated TOTAL Project $ 2,701,928 $ 3,544,382 $ 5,926,290 Cost Estimated City Funds $ 1,352,144 ($ 320,000) ($ 626,048) $ 406,096 Estimated Federal Funds $ 1,349,784 $ 4,170,410 $ 5,520,194 RECOMMENDATION The Public Works Department is requesting City Council approval to enter into an Intergovernmental Agreement (IGA) Amendment No. 2 with ADOT which will provide additional federal funds to cover the increased construction costs for the roadway and safety improvements of Winchester Road in the amount of$ 333,671. ACTION REQUIRED Presentation and discussion on the proposed IGA Amendment #1 at the April 15'h, 2024 Working Session with consideration at the May 7', 2024 Regular Session (consent agenda). Attachment 1: Intergovernmental Agreement 575 E. Baseline Avenue, Apache Junction, AZ 85119 • Voice (480) 982-1055 • FAX (480) 982-8005 RESOLUTION NO. 24-06 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AUTHORIZING THE CITY TO ENTER INTO AMENDMENT NO. TWO TO THE INTERGOVERNMENTAL AGREEMENT WITH THE STATE OF ARIZONA FOR THE WINCHESTER ROAD, 29TH AVENUE TO SOUTHERN AVENUE, IMPROVEMENT PROJECT. WHEREAS, on November 16, 2021 the City of Apache Junction ("City") and the State of Arizona Department of Transportation ("ADOT") entered into an Intergovernmental Agreement ("IGA") for a pedestrian improvement project on Delaware Drive between 16tn and Broadway Avenues (the "Project") ; and WHEREAS, the City recently received, through the Maricopa Association of Governments ("MAG") , additional federal funds to cover the increased construction costs since 2021; and WHEREAS, the attached written amendment (""IGA/JPA 21- 0008238-I, Amendment No. Two: 23-0009566-I") modifies the original financial and administrative conditions for construction of the Project, which takes into account the available MAG funds . NOW, THEREFORE, BE 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 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 DAY OF , 2024 . SIGNED AND ATTESTED TO THIS DAY OF , 2024 . WALTER "CHIP" WILSON Mayor RESOLUTION NO. 24-06 PAGE 1 OF 2 ATTEST: JENNIFER PENA City Clerk APPROVED AS TO FORM: RICHARD J. STERN City Attorney RESOLUTION NO. 24-06 PAGE 2 OF 2 ADOT CAR No.: IGA 21-0008238-I Amendment No.Two: 23-0009566-I AG Contract No.: P0012021001390 Project Location/Name:Winchester Road, 291h Avenue-16th Avenue Type of Work: Intersection Improvements Federal-aid No.: STBG-APJ-0(219)T ADOT Project No.: T032401C/01D TIP/STIP No.:APJ23-030D,APJ23-0300 CFDA No.: 20.205 - Highway Planning and Construction Budget Source Item No.: N/A AMENDMENT NO.TWO TO INTERGOVERNMENTAL AGREEMENT BETWEEN THE STATE OF ARIZONA AND THE CITY OF APACHE JUNCTION THIS AMENDMENT NO.TWO to INTERGOVERNMENTAL AGREEMENT (the"Amendment No. Two"),is entered into this date ,pursuant to Arizona Revised Statutes ("A.R.S.") §§ 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" or"Local Agency").The State and the City are each individually referred to as a"Party"and are collectively referred to as the"Parties." WHEREAS,the INTERGOVERNMENTAL AGREEMENT, IGA 21-0008238-I,A.G. Contract No. P0012021001390,was executed on November 16,2021, (the"Original Agreement"); IGA 22- 0008506-I Amendment No. One,was executed on May 31, 2022, (the"Amendment No. One"); WHEREAS,the State is empowered by A.R.S. § 28-401 to enter into this Amendment No.Two and has delegated to the undersigned the authority to execute this Amendment No.Two on behalf of the State; WHEREAS,the City is empowered by A.R.S.§48-572 to enter into this Amendment No.Two and has by resolution,if required,a copy of which is attached and made a part of,resolved to enter into this Amendment No.Two and has authorized the undersigned to execute this Amendment No.Two on behalf of the City; and NOW THEREFORE,in consideration of the mutual terms expressed herein,the purpose of this Amendment No.Two is to revise the Project description and increase construction costs, Exhibit A is revised and replaced accordingly.The Parties desire to amend the Original Agreement and Amendment No. One,as follows: The Parties incorporate the paragraphs set forth above as part of the body of this Amendment No.Two. Pagel of 4 IGA: 21-0008238-I Amendment No.Two: 23-0009566-I I. RECITALS Section I,Paragraph 3.is revised as follows: 3. The work proposed under this Agreement consists of construction of a third lane on Winchester Road from 16th Avenue to Southern Avenue, (the"Project").The Project will also include sidewalks,curb &gutter,a shared turning lane,bicycle lanes,streetlights along Winchester Road, drainage improvements,and utility relocation if required.The estimated Project cost,shown in Exhibit A,is estimated at$5,926,290,which includes federal aid and the City'share of costs.The City will administer the design of the Project and be responsible for all design; The State will advertise,bid and award,and administer the construction of the Project. II. SCOPE OF WORK Section II,Paragraph 2.e.,is revised,as follows: 2. The State will: e. After completion of design review and prior to bid advertisement, invoice the City for the actual PDA costs, as applicable, and the City's share of the Project construction costs, estimated at$356,096.After the Project costs for construction are 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 construction phase of the Project. Section II,Paragraph 3.d.,is revised,as follows: 3. The City will: 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 PDA costs,the City's share of the Project construction costs, estimated at $356,096, and if applicable, the difference between the final and initial construction cost estimates. Be responsible for and pay the difference between the estimated construction cost and Project bid amount prior to award. After Project completion, be responsible for and pay any outstanding Project costs,within 30 days of receipt of an invoice. III. MISCELLANEOUS PROVISIONS Section III,Paragraph 20 is revised,as follows: 20. Contractor Certifications.The Parties shall certify that all contractors comply with the applicable requirements of A.R.S. §§ 35-393.01 and 35-394. EXCEPT AS AMENDED,ALL OTHER terms and conditions of the Original Agreement and Amendment No. One remain in full force and effect. Page 2 of 4 IGA: 21-0008238-I Amendment No.Two: 23-0009566-I THIS AMENDMENT NO.Two shall become effective upon the full completion of signing and dating by all Parties to this Amendment No.Two. IN ACCORDANCE WITH A.R.S. § 11-952 (D),the written determination of each Party's legal counsel providing that the Parties are authorized under the laws of this State to enter into this Amendment No.Two and that the Amendment No.Two is in proper form is set forth below. IN WITNESS WHEREOF,the Parties have executed this Amendment No.Two the day and year first above written. CITY OF APACHE JUNCTION By Date CHIP WILSON Mayor ATTEST: By Date JENNIFER PENA City Clerk I have reviewed the above referenced Amendment No.Two to the Original 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 A.R.S.§§ 11-951 through 11-954 and A.R.S.§48-572 and declare this Amendment No.Two 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 Amendment No.Two. Approved as to Form: By Date City Attorney Page 3 of 4 IGA: 21-0008238-I Amendment No.Two: 23-0009566-I ARIZONA DEPARTMENT OF TRANSPORTATION By Date STEVE BOSCHEN Infrastructure Delivery and Operations Division A.G. Contract No. P0012021001317 (ADOT IGA 21-0008223-I,Amendment No. One: 23- 0009565-I),an Agreement between public agencies,the State of Arizona and the City of Apache Junction has been reviewed pursuant to A.R.S. §§ 11-951 through 11-954 and A.R.S.§ 28-401 by the undersigned Assistant Attorney General who has determined that it is in the proper form and is within the powers and authority granted to the State of Arizona.No opinion is expressed as to the authority of the remaining Parties, other than the State or its agencies,to enter into said Amendment No.Two. By Date Assistant Attorney General Page 4 of 4 EXHIBIT A IGA: 21-0008238-1 Winchester Road,29th Avenue-16th Avenue Amendment No.Two: 23-0009566-1 Cost Estimate T032401C/01D The Project costs are estimated as follows: Original Amend#1 Amend#2 AMENDED TOTAL Executed Date: November 16, 2021 May 31, 2022 Pending ADOT Project Development Administration (PDA) Cost.non-federal-aid: City's contribution @ 100% $ 30,000 $ - $ 20,000 $ 50,000 ScopingJDesign: City's contribution @ 100% $ 320,000 $ (320,000) $ - $ - Subtotal-Scoping/Design/PDA $ 350,000 $ (320,000) $ 20,000 *** $ 50,000 Construction:* Federal-aid funds @ 94.3% $ 1,349,784 $ - $ 4,170,410 $ 5,520,194 City's match @ 5.7% $ 81,588 $ - $ 252,083 $ 333,671 City's contribution @ 100% $ 920,556 $ - $ (898,131) $ 22,425 Subtotal-Construction $ 2,351,928 $ - $ 3,524,362 $ 5,876,290 Estimated TOTAL Project Cost $ 2,701,928 $ - $ 3,544,362 $ 5,926,290 City Funds $ 1,352,144 $ (320,000) ** $ (626,048) $ 406,096 Federal Funds $ 1,349,784 $ - $ 4,170,410 $ 5,520,194 *(Includes 18% construction engineering(CE) and administration cost(this percentage is subject to change,any change will require concurrence from the City) and 5% Project contingencies) **(Scoping/Design removed, City is administering design of the Project and will be responsible for all design costs) ***Prior to Amendment No.Two,the City was invoiced and paid$20,000.00 ►P�"E�c�, City of Apache Junction, Arizona 300 E Superstition Boulevard � 0 Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No.4. '+PizoN* File ID: 24-261 Sponsor: Liz Langenbach Agenda Date:4/15/2024 Index: In Control: City Council Work Session Presentation and discussion on Rodeo Grounds Master Plan by J2 Engineering and Design and Parks & Recreation staff. City of Apache Junction,Arizona Page 1 Printed on 411112024 r City of Apache Junction ' -4 Home of the Superstition Mountains DATE: April 15, 2024 TO: Mayor and City Council THROUGH: Bryant Powell, City Manager Matt Busby, Assistant City Manager FROM: Liz Langenbach, Parks & Recreation Director David Butler, Parks Superintendent SUBJECT: Rodeo Grounds Master Plan Update The original Rodeo Grounds Master Plan was adopted in 2006. Since that time, only the first phase was implemented: restrooms and covered grandstands. Since purchasing the rodeo grounds in June 2023, the Parks and Recreation Department has been working with J2 Engineering & Design ("J2") to solicit public feedback, conduct stakeholder meetings, and draft an update to the original plan. The draft was presented to the Parks and Recreation Commission and at a public Open House on February 7'", 2024. J2 additionally visited with Lost Dutchman Days Rodeo committee members on site. The estimated probable cost is approximately $23,000,000 and can be broken into as many phases as desired/needed. The recommended phasing plan allows for construction to take place without interrupting other future phases. It also allows for incremental growth in events and activities as funds become available. Staff and J2 will present the draft master plan and phasing priorities for council consideration and bring back at a later date for final adoption and implementation. RODEO EVENT CENTER MASTER PLAN UPDATE PARKS & RECREATION April. 15, 2024 '41 q RODEO EVENT CENTER BACKGROUND • 1986 - City took over the BLM (Bureau of Land Mgmt) lease o Recreation and Public Purpose (RPP) Act allowed development and use free of charge but prohibited commercial use • 2006 - Original Master Plan Adopted • June 2023 - Purchase of the 20 acre property was finalize allowing commercial use • October 6, 2023 - Rodeo Grounds Celebration - transfer of "keys" from B1,M to City of Aj & Kicked-0ff the public-input process for the Master Plan update 3 '41 q RODEO EVENT CENTER BACKGROUND • November 14., 2023 - Event Planners Stake-holder Meeting held with J2 Engineering & Des ign • Staff and City Council sessions conducted to develop and review � draft of master plan • February 7., 2024 - Presented the new draft at an Open House and to the Parks & Recreation Commission 3 :�� _ � •. _r t � 'fir sWOW + t A. ao d r fr op 1:406- a Alp i AL • i' ' / s i 1N 8E Ilk is • its t� �� •.. i 1 kze � •L 1 17 •' '-'�. �' :-SUM • .s f • i• • ♦" , '� x A or J - �• �I _ " �• _ � 1• �1N �. ems•_ �� �� S 10 SIR% lb a lb • I 55 • 1 1 ` 1. � 1 '� lot • r . •', tThe a Ell • r off .a•fit, ♦-, ,/• • ., V . t , Z' ! f I •.. „ 7 •! f ,y'f�j : f �v • ; `S t�'/li. lip �. w ',• :p,., fit, • } • /�,�,�su 3y�s Yif,• A5 S, ••.'1•: •« i .4' •t �t :iG t' .. 1 , �L •• - 'lp r ..yj , ' • '.'•, ' •: ► , •, , � ; •, ` a;-.. y Public Parking ?jj "' ��, ;, f •' `,! ,' ` �f .. ,, '" - •. :: s , •. ;, + (456 Spaces) WWI � : •. ;,, jail .3�•, !' ; .. •,�• ���YYY y �; ., • • ►; .. y ..:.0 Md ..Public Parkin .+ >a i �dr; t !.. .•.• ..i' 'j. '� ` �. •, - �y- - - • - (1,521 spaces) • %�•�:':. ,;Y� .,.. ` �:,,� +. i� i a�Is� � ;;• `R .,sue` Possible .:. * t•o •• •.It t r 1 �l..,t � f�- • , • j + • ���i4 .. tl • �► '°�'' - , Hitching Posts �. Possible Bike& ,N• "{` '' • '' • Motorcycle Parking 'r .; •_ ' :"' 'j , ;'I.`'. - '` Livestock ADA Parkin Overhead Entry RV Parkin ., c RV Parking 9 y 9 :F"f 3`'-�'` 32 spaces y • s Holding Pens (62 Spaces) Feature �� with Hookups �* r • , (22 Spaces) a +► Check-In First Aid & Possible / a Restroom •, � ,_ _ Existing Restroom o Horse Trailer Parking 28' x 78" p Pro osed Bleachers ( , ` +• z ., � 20 Spaces) Announcer (Approx.1,460 Seats) Booth L.LL. �c Temporary Shade Structure — •- g Stage Ch tiesg (40' x 94') • *'• I Proposed - Raised Event Space/Stage f Warm-Up Arena Existing Arena •' ' Bleachers & Possible Restroom (80' x 120') . .,� :�,,► t ,_' '`• •i . . ,�y (Approx. (40' x 80') . ., ' '" •�;" , •� ,r 720 Seats) +fit,44 ,p - Overflow Horse y •� *' +►� 4 .' ,#'` ,� ,�i� �: Open Area dO IW Trailer Parking Cell Tower & Screen Wall moss■■■�� _ _ 10 x 10 Event Tents • 4 "_ �r_ a'•, 4 ; Ir Existing Proposed (280 Shown) . • - ,. `• ;� =���y _ Bleachers Bleachers ' • . }.� , " `• - Covered Stalls (Approx. 2,000 Seats) (Approx.720 Seats) ►! ' `- p- '°��' Maintenance Yard (100' X 120') 10' x 10' (60) . _ '� Sediment' and Show Office (1,500 SF) ' . ! Basin ./ F .. - . J• , , ; Access Gate, Typ. • '` "•�: .. . .� .��r � � - , :.: .�. � Marquee Az •. ;;� E LOST DUTCHMAN BLVD. "�-� -� `-- j-•• PPACNf✓G gRl20NP' Phasing Plan - u .;^.. ♦rrs+F • - Utilities (not shown), ADA • Parking, Vendor Walk, Shade • Structure, Covered Stalls, Drainage Improvements, • . RV Parking with Hookups, Overhead Entry Feature P. 40 Bleachers, Announcers 2 Booth, Livestock Holding Pen Archery Reconfiguration, Warm- Range Up & Main Arena Footing, g Check-In/First Aid Building, Cell Tower and Screen Wall, Maintenance Yard and Show Office - •• Raised Event Space and ` Walkways, Marquee, Parkin 3 Ar Lot Layout and Landscape Public Parking • (456 Spaces) • • y_ • Public Parkin • 0 (1,521 Spaces Possible • Hitching Posts _r b Possible Bike& Motorcycle Parking ' 40 Livestock ADA Parkin Overhead Entry RV Parking RV Parking �_� 9 y , (32 Spaces) • • Holding Pens (62 Spaces) Feature with Hookups moo (22 Spaces) 40 Check-In,First � a Aid&Possible _ a Restroom Existing Restroom Horse Trailer Parkin 28'x 78" a (20 Spaces Announcer Proposed Bleachers Z Booth {Approx.1,460 Seats) Temporary Bucking Shade Structure —•- • ' Stage 2 Chutes (40 x94} Warm Up Arena Proposed �• Raised Event Space/Stage (80'x 120') Bleachers Existing Arena &Possible Restroom ' (Approx. (40'x 80') . 720 Seats) ' ` Overflow Horse _ Open Area Trailer Parking - • ' Cell Tower&Screen Wall 10'x 10'Event Tents '• Existing Proposed (280 Shown) • Bleachers Bleachers Covered Stalls (Approx.2,000 Seats) (Approx.720 Seats) •.. Maintenance Yard (100'X 120') 10'x 10'(60) Sediment and Show Office(1,500 SF) " ` ' . • - Basin Access Gate,Typ. Marquee •' ;ram! ., • � , � • E LOST DUTCHMAN BLVD. �� 7f r _ 1 At 40 W .. Event Space/Stage Shade Structure Shade Structure Events IP mac. .y "�a lr •' - rK. �� - Event Space/Stage Event Space/Stage Events Events t1t ; T' .-- �'7 -,mm- Ir -A- Covered Bleachers Announcer's Booth " : F r , Covered Stalls =V'' Covered Stalls PPACHE rR/zoo ESTIMATE OF PROBABLE COSTS Phase 1 - $4.5 million o Utilities/Drainage Improvements, ADA parking, Vendor walkways, large shade structure, RV Parking with hookups, covered portable stalls Phase ,2 - $9.5 million o Covered bleachers expansion, announcers booth, livestock holding pens/chutes reconfiguration, west side buildings IL Phase 3 - $9 million o Raised Event Stage and restroom/storage building, east walkways, Marquee, aggregate base parking lot layout and landscaping NEXT STEPS Gather last feedback and Finalize the conceptual plan Council adopt the new master plan/phasing Determine funding sources & begin phase 1 design • ' �- t - - - - . � � - � , • �� �� � �� 1 i �j /� J � K I