Loading...
HomeMy WebLinkAboutRES 90-07RESOLUTION NO. 19-07 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,AUTHORIZING THE CITY TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT WITH ARIZONA DEPARTMENT O F TRANSPORTATION FOR HIGHWAY SAFETY IMPROVEMENT PROGRAM GRANT MONEY. WHEREAS,the City of Apache Junction ("City")and the State of Arizona Department of Transportation ("ADOT")desire to enter into an Intergovernmental Agreement ("-IGA")for Southern Avenue from Ironwood Drive to Delaware Drive (the "Project"); and WHEREAS,the City acquired additional federal -aid funds to help with the increase construction costs; and WHEREAS,the attached written amendment ("IGA/JPA 16- 0005808-1,Amendment No.One:19-0007269-I")modifies the original financial and administrative conditions for construction of the Project. 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 COUNC415; F iTHE CITY OF APACHE JUNCTION,ARIZONA,THIS 6 , A DAY OF 20 SIGNED AND ATTESTED TO THIS / M ;DAY OF a21;4///, 2019. RESOLUTION NO. 19-07 PAGE 1 OF 2 ATTEST: KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM: c;4-i3. 19 RICHARD J. STERN City Attorney RESOLUTION NO. 19-07 PAGE 2 OF 2 DocuSign Envelope ID: CE3DE7A7-36C4-492D-A958-5AC9DF8D0918 ADOT File No.: IGA: 16-00058084 Amendment No. One: 19-0007269-1 AG Contract No.: P001 2016 001335 Project Location/Name: Southern Ave - Delaware Dr to Ironwood Dr Type of Work: Travel Lanes, Sidewalks, Curb & Gutter Bike Lanes Federal -aid No.: APJ-0(214)T ADOT Project No.: T0061 01D/03D/01C TIP/STIP No.: APJ18-402, APJ18-403 CFDA No.: 20.205 - Highway Planning and Construction Budget Source Item No.: N/A AMENDMENT NO. ONE TO INTERGOVERNMENTAL AGREEMENT BETWEEN THE STATE OF ARIZONA AND THE CITY OF APACHE JUNCTION THIS AMENDMENT NO. ONE to INTERGOVERNMENTAL AGREEMENT (the "Amendment No. One"), is entered into this date April 16, 2019 ,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 collectively referred to as the "Parties." WHEREAS, the INTERGOVERNMENTAL AGREEMENT,1GA/JPA 16-0005808-1, A.G. Contract No. P001 2016 001335, was executed on April 28, 2016, (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, 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 revise Project costs. The Parties desire to amend the Original Agreement as follows: I.RECITALS Page 1 of 5 DocuSign Envelope ID: CE3DE7A7-36C4-492D-A958-5AC9DF8D0918 IGA: 16-0005858-1 Amendment No. One: 19-0007269-1 ,. 7. The federal funds will be used for the scoping/desigri d'e6nstriiction Pi-oject, including the construction engineering and administration cost (CE). The estimated Project costs are as follows: T0061 01D (ADOT Project Development Administration (PDA) Cost)* Federal -aid funds @ 94.3% City's match @ 5.7% $42,865.00 $2,591.00 PDA Cost $45,456.00 T0061 03D (scoping/designi Federal -aid funds @ 94.3% City's match @ 5.7% City's match @ 100% Subtotal — Scoping/Design T0061 01C (construction) Federal -aid funds @ 94.3% City's thatch @ 5.7% City's match @ 100% Subtotal — Construction** TOTAL Estimated Project Cost Total Estimated City's Funds Total Federal Funds $181,999.00 $11,001.00 $20,000.00 $213,000.00 $ 2,157,890.00 $130,434.00 $74.136.00 $2,362,460.00 $2,620,916.00 $238,162.00 $ 2,382,754.00 * (Formerly referred to as PMDR (Project Management and Design Review) ** (Includes 15% CE (this percentage is subjected to change, any change will require concurrence from the City) and the 5% Project contingencies) Consistent with the Original Agreement, the City has been invoiced and paid $13,592.00 and has paid the additional $20,000.00 for the City's share of PDA and design costs. Page 2 of 5 DocuSign Envelope ID: CE3DE7A7-36C4-492D-A958-5AC9DF8D0918 IGA: 16-0005858-I Amendment No. One: 19-0007269-I II.SCOPE OF WORK Section II, Paragraph e. is revised, as follows: 1.The State will: e.After completion of design and prior to bid advertisement, invoice the City for the City's share of the Project construction costs, estimated at $204,570.00. After the Project costs 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 scoping/design phase of the Project. Section II, Paragraph d. is revised, as follows: 2.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, the City's share of the Project construction costs, estimated at $204,570.00. Be responsible for and pay the difference between the estimated and actual construction costs of the Project, within 30 days of receipt of an invoice. HI. MISCELLANEOUS PROVISIONS Section III, Paragraph 18. and 19. are added, as follows: 18. The City acknowledges and will comply with Title VI of the Civil Rights Act Of 1964. 19. The Parties shall ensure that all contractors comply with the applicable requirements of A.R.S §35-393.01., EXCEPT AS AMENDED, ALL OTHER terms and conditions of the Original Agreement remain in full force and effect. 1 1n Jordahl v. Brnovich etal.,Case No. 3:17-cv-08263 (D. Ariz.), the U.S. District Court entered a preliminary injunction that enjoins the State from enforcing A.R.S. § 35-393.01(A) (the "Anti -Israel Boycott Provision"). That statute states that: "[a] public entity may not enter into a contract with a company to acquire or dispose of services, supplies, information technology or construction unless the contract includes a written certification that the company is not currently engaged in, and agrees for the duration of the contract to not engage in, a boycott of Israel." Unless and until the District Court's injunction in Jordahl is stayed or lifted, the Anti -Israel Boycott Provision (A.R.S. § 35-393.01(A)) is unenforceable and the State will take no action to enforce it. Page 3 of 5 .DocuSign Envelope ID: CE3DE7A7-36C4-492D-A958-5AC9DF8D0918 IGA: 16-0005858-1 Amendment No. One: 19-0007269-1 THIS AMENDMENT NO. ONE shall become effective upon signing and dating of the Determination Letter by the State's Attorney General. IN ACCORDANCE WITH A.R.S § 11-952 (D) attached and incorporated in this Amendment No. One 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 Amendment No. One and that the Amendment No. One is in proper form. IN WITNESS WHEREOF,the Parties have executed this Amendment No. One the day and year first above written. CITY OF APACHE JUNCTION tooDocuSigned by: By St -1^11 i n t f i r g- Mayor ATTEST: By DocuSigned by: /(i t TffireOMELLY City Clerk STATE OF ARIZONA Department of Transportation DocuSIgned by: By 1 3-reiTINNOVEN,PE Division Director Page 4 of 5 DocuSign Envelope ID: CE3DE7A7-36C4-492D-A958-5AC9DF8D0918 IGA: 16-00058584 Amendment No. One: 19-0007269-1 ATTORNEY APPROVAL FORM FOR THE CITY OF APACHE JUNCTION I have reviewed the above referenced Amendment No. One to the Original Agreement and Amendment No. One 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 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. DATED this 4th day of Ap ril , 2019. ,..—DocuStgned by: I jolt SitYlAd FinPrtn1c1RAFI:04.080FC31966EB24A9... City Attorney Page 5 of 5 p-TTO-AWSWA:777",%1 •.it,..--r4nr„..ELieL,-,...Sealg.1-46 .1-6,1_1 42, Envelope Id: CE3DE7A736C4492DA9585AC9DF8D0918 Subject: Please DocuSign: 16 -0005808 -Amend 1 -Dist C -City of Apache Junction -T0061 01D_01C-DRAFT Source Envelope: Document Pages: 5 Certificate Pages: 6 AutoNav: Enabled Envelopeld Stamping: Enabled Time Zone: (UTC-07:00) Arizona RecordOrabking.,i,..'04-j. Status: Original 4/4/2019 9:41:02 AM Signatures: 4 Initials: 0 ,e F7,,,,,,,,,,,,r),,,....t,r;f:t 0 . t ,...AjZi40,f.44X.,",a'r ,V4n ..% , 4,4.5,,,r ,vp.v.w.4-`,R,st,'.s.u.V .: , '''''''"'P'''''.' ''''--.-'.'' • •-• ' • ,,, -,4.1f '',t,21=-_ & -.e.- .,01-qa.--_2,, - Holder: Diane Gillies DGillies@azdot.gov - . gna ure.Signer4Events y AA•• Joel Stem jstern@ajcity.net Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Accepted:4/4/2019 12:38:38 PM ID: a2d682a1-de28-4d1c-aef0-41d9ff214c7b Jeff Serdy ajisports@msn.com OWNER Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Accepted: 4/15/2019 11:02:41 AM •ID: 8f89630b-9106-4e5c-b9ab-2e9ab4fc2e10 Kathy Connelly kconnelly@ajcity.net Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Accepted: 4/15/2019 12:53:04 PM ID: 6a1c92bd-67f7-4202-a123-762383dce9c5 Steve Boschen SBoschen@azdot.gov Division Director - IDO ADOT Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign p—OcKuSigned by: L ai Stmt. 80FC31966EB24A9._. Signature Adoption: Pre -selected Style Using IP Address: 63.226.29.66 cDocuSIgned by i l 'ir S Us6tLi 1321F9223934A458 Signature Adoption: Pre -selected Style Using IP Address: 174.26.72.220 ,---DoeuSlaned by: 611-1 2d699C2B34 I 4dEF... Signature Adoption: Pre -selected Style Using IP Address: 63.226.29.66 [ DocuSIgned by gerli-- 2C0F2EIBODCBC/A2... k7F-C: Status: Completed .doc Envelope Originator: Diane Gillies 206 S 17th Ave Phoenix, AZ 85007 DGillies@azdot.gov IP Address: 162.59.200.193 R-VOrt:WOW.4f0W-0 Location: DocuSign Docts_ciph asecuRID K a,ciffl C O .k&V-V41TAP-tan t, Sent: 4/4/2019 10:20:22 AM Resent: 4/4/2019 10:25:08 AM Viewed: 4/4/2019 12:38:38 PM Signed: 4/4/2019 12:39:35 PM Signature Adoption: Uploaded Signature Image Using IP Address: 162.59.200.193 Sent: 4/4/2019 12:39:39 PM Viewed:4 /1 5/2019 9:52:17 AM Signed: 4/15/2019 11:02:54 AM Sent: 4/15/2019 11:02:58 AM Viewed: 4/15/2019 12:53:04 PM - Signed: 4/15/2019 12:53:39 PM Sent: 4/15/2019 12:53:43 PM Viewed: 4/15/2019 1:12:50 PM Signed:4 /1 5/2019 1:13:03 PM 1-77rasa Sigrier ,Events A 4:1;•-t.,yrie,r-i.,,t.,/:r4 • JPA Branch JPAdocuSign@azdot.gov Security Level: Email, Account Authentication (None) Completed Electronic Record and Signature Disclosure: Accepted:4/16/2019 3:13:46 PM ID: 7c14d5fb-bbOd-4289-bf53-91347bee4705 Using IP Address: 162.59.200.193 Iti)Peeiati "S I iiii e f_.1E:Veiritg S I ghat" C01144•11 F IIi•AWIMI,LIFG!Ir,II,y - Ev e nts Status ..: • •..•Agnt Delivery -•Status V.• .-Timeetainp •k- .. •, _ . Penine,APRIW,P,rY:Pv,P-IlTs,-; • uarnen.unev:venrs4,, Diane Gillies dgillies@azdotgov Joint project procurement specialist ADOT Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Diane Gillies dgillies@azdoLgov Joint project procurement specialist ADOT Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Diane Gillies dgillies@azdoLgov Joint project procurement specialist ADOT Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Diane Gillies dgillies@azdoLgov Joint project procurement specialist ADOT Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign , COPIED COPIED COPIED COPIED 7;7T:—TIMinggi Sent: 4/15/2019 1:13:06 PM Viewed: 4/16/2019 3:13:46 PM Signed: 4/16/2019 3:13:55 PM gid$WeriPAribl I MCORT2 M i• r...- : •imestamp FO:-, --; Sent: 4/4/2019 12:39:38 PM Sent: 4/15/2019 11:02:57 AM Sent: 4/15/2019 12:53:41 PM Sent: 4/15/2019 1:13:05 PM rhnmennwEvitntc:G4•ifeE-17-a -a v Bharat Kande! bkandel@azdot.gov Dt Tr Engr 1 Arizona 1:)(at of Transportation Security Level: Email. Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign ISTITAMSEISIVit COPIED OC, 7`,` .`P.-1Aeg:144,67;ES I g n , ';2?-0-47.7*Fizim7v4-70.74MP?.-7,7 70:msf,prof74.-wgi..-i.,,nveE lope mrna en d-v-,-Status Envelope Sent Certified Delivered Signing Complete Completed n 76.A.OrthA44T:Te.-grA7VOW,;04...4,3,,.rrei.o..wm1 ,:,y_gmr,11.-4gv iittStU •.- .5^`Electroni ReCordaMilaicirfa'tiireDigansiiiiVAtr_s,n r RT-2M-:W..tatus-Y-E ,T.7.77-cdTfiVa77,. 7 7-57,715tvgtv •er.•• e 72.6%5WROPWANO-M-P Hashed/Encrypted Security Checked Security Checked Security Checked ,171,41..41tfAWAMIVerAt,-W-fl nZONPIP7 3 -gM F f r 4 1 - 7E ZTIM7474 ,5YVtamesampv-e440 2-15-0 ,-4, 4/16/2019 3:13:57 PM 4/16/2019 3:13:57 PM 4/16/2019 3:13:57 PM 4/16/2019 3:13:57 PM ski-,?.-4w.viairkkvAi6maNuor,-,-,sp4,kul+14,0:4 Electronic Record and Signature Disclosure created on: 9/27/2016 10:03:17 AM Parties agreed to: Joel Stem, Jeff Serdy, Kathy Connelly, JPA Branch ELECTRONIC RECORD AND SIGNATURE DISCLOSURE From time to time, Arizona Dept of Transportation (we, us or Company) may be required by law to provide to you certain written notices or disclosures. Described below are the terms and conditions for providing to you such notices and disclosures electronically through your DocuSign, Inc. (DocuSign) Express user account. Please read the information below carefully and thoroughly, and if you can access this information electronically to your satisfaction and agree to these terms and conditions, please confirm your agreement by clicking the 'I agree' button at the bottom of this document. Getting paper copies At any time, you may request from us a paper copy of any record provided or made available electronically to you by us. For such copies, as long as you are an authorized user of the DocuSign system you will have the ability to download and print any documents we send to you through your DocuSign user account for a limited period of time (usually 30 days) after such documents are first sent to you. After such time, if you wish for us to send you paper copies of any such documents from our office to you, you will be charged a $0.00 per -page fee. You may request delivery of such paper copies from us by following the procedure described below. Withdrawing your consent If you decide to receive notices and disclosures from us electronically, you may at any time change your mind and tell us that thereafter you want to receive required notices and disclosures only in paper format. How you must inform us of your decision to receive future notices and disclosure in paper format and withdraw your consent to receive notices and disclosures electronically is described below. Consequences of changing your mind If you elect to receive required notices and disclosures only in paper format, it will slow the speed at which we can complete certain steps in transactions with you and delivering services to you because we will need first to send the required notices or disclosures to you in paper format, and then wait until we receive back from you your acknowledgment of your receipt of such paper notices or disclosures. To indicate to us that you are changing your mind, you must withdraw your consent using the DocuSign 'Withdraw Consent' form on the signing page of your DocuSign account. This will indicate to us that you have withdrawn your consent to receive required notices and disclosures electronically from us and you will no longer be able to use your DocuSign Express user account to receive required notices and consents electronically from us or to sign electronically documents from us. All notices and disclosures will be sent to you electronically Unless you tell us otherwise in accordance with the procedures described herein, we will provide electronically to you through your DocuSign user account all required notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you during the course of our relationship with you. To reduce the chance of you inadvertently not receiving any notice or disclosure, we prefer to provide all of the required notices and disclosures to you by the same method and to the same address that you have given us. Thus, you can receive all the disclosures and notices electronically or in paper format through the paper mail delivery system. If you do not agree with this process, please let us know as described below. Please also see the paragraph immediately above that describes the consequences of your electing not to receive delivery of the notices and disclosures electronically from us. How to contact Arizona Dept of Transportation: You may contact us to let us know of your changes as to how we may contact you electronically, to request paper copies Of certain information from us, and to withdraw your prior consent to receive notices and disclosures electronically as follows: To advise Arizona Dept of Transportation of your new e-mail address To let us know of a change in your e-mail address where we should send notices and disclosures electronically to you, you must send an email message to us at DocuSignRequest@azdot.gov and in the body of such request you must state: your previous e-mail address, your new e-mail address.We do not require any other information from you to change your email address.. In addition, you must notify DocuSign, Inc to arrange for your new email address to be reflected in your DocuSign account by following the process for changing e-mail in DocuSign. To request paper copies from Arizona Dept of Transportation To request delivery from us of paper copies of the notices and disclosures previously provided by us to you electronically, you must send us an e-mail to DocuSignRequest@azdot.gov and in the body of such request you must state your e-mail address, full name, US Postal address, and telephone number. We will bill you for any fees at that time, if any. To withdraw your consent with Arizona Dept of Transportation To inform us that you no longer want to receive future notices and disclosures in electronic format you may: i. decline to sign a document from within your DocuSign account, and on the subsequent page, select the check -box indicating you wish to withdraw your consent, or you may; ii. send us an e-mail to DocuSignRequest@azdolgov and in the body of such request you must state your e-mail, full name, IS Postal Address, telephone number, and account number. We do not need any other information from you to withdraw consent..The consequences of your withdrawing consent for online documents will be that transactions may take a longer time to process.. Required hardware and software Operating Systems:Windows2000? or WindowsXP? Browsers (for SENDERS):Internet Explorer 6.0? or above Browsers (for SIGNERS):Internet Explorer 6.0?, Mozilla FireFox 1.0, NetScape 7.2 (or above) Email:Access to a valid email account Screen Resolution:800 x 600 minimum Enabled Security Settings: 'Allow per session Cookies •Users accessing the intemet behind a Proxy Server must enable HTTP 1.1 settings via proxy connection ** These minimum requirements are subject to change. If these requirements change, we will provide you with an email message at the email address we have on file for you at that time providing you with the revised hardware and software requirements, at which time you will have the right to withdraw your consent. Acknowledging your access and consent to receive materials electronically To confirm to us that you can access this information electronically, which will be similar to other electronic notices and disclosures that we will provide to you, please verify that you were able to read this electronic disclosure and that you also were able to print on paper or electronically save this page for your future reference and access or that you were able to e-mail this disclosure and consent to an address where you will be able to print on paper or save it for your future reference and access. Further, if you consent to receiving notices and disclosures exclusively in electronic format on the terms and conditions described above, please let us know by clicking the 'I agree button below. By checking the 'I Agree' box, I confirm that: •I can access and read this Electronic CONSENT TO ELECTRONIC RECEIPT OF ELECTRONIC RECORD AND SIGNATURE DISCLOSURES document; and •I can print on paper the disclosure or save or send the disclosure to a place where I can print it, for future reference and access; and •Until or unless I notify Arizona Dept of Transportation as described above, I consent to receive from exclusively through electronic means all notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to me by Arizona Dept of Transportation during the course of my relationship with you.