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HomeMy WebLinkAboutRES 15-17RESOLUTION NO. 15-17 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 THE STATE OF ARIZONA FOR THE WINCHESTER ROAD SIDEWALK IMPROVEMENT PROJECT. 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 Winchester Road from Southern Avenue to 16 th Avenue and Southern Avenue from Winchester Road to Royal Palm Road (the "Project"); and WHEREAS, the improvements include sidewalks, curb & gutter, bicycle lanes, ADA compliant sidewalk ramps, and a common shared turn lane. WHEREAS,the State shall be the designated agent for the City; and WHEREAS, the estimated design total cost of the Project is $180,000.00, including civil engineering design and state design review, which represents 100% funding; and WHEREAS,Federal -aid funds will contribute $169,740.00 for design of the Project; and WHEREAS, the required City matching funds contribution for design of the Project is $10,260.00; and WHEREAS,the attached written agreement ("IGA/JPA 15- 0005194-1")sets fo r t h the financial and administrative conditions for design of the Project. NOW,THEREFORE,B E IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY O F APACHE JUNCTION ARIZONA, AS FOLLOWS: 1)The Mayor and Ci t y Council hereby approve the attached IGA and the Mayor is hereby authorized to sign the agreement on behalf of the City. RESOLUTION NO. 15-17 PAGE 1 OF 2 2)Under the terms of IGA/JPA 15-0005194-I, the City will pay for the design costs associated with the Project in the amount of $10,260.00. 3)The City Manager and/or his designee is authorized and directed to take all steps necessary to carry out the purpose and intent of this resolution. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,THIS 5 -74-DAY OF MA/ 2015. SIGNED AND ATTESTED TO THIS c 771DAY OF ayor ATTEST: KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM: RICHARD J. STERN City Attorney RESOLUTION NO. 15-17 PAGE 2 OF 2 . INSALACO , 2015. ADOT File No.: IGA/ JPA 11-210-1 ADOT CAR No.: 13-0000860-1 Amendment No. One: 15-0005177-1 AG Contract No.: P0012012000645 Project: Concrete sidewalk & bike lane Federal -aid No.: APJ-0(206)A ADOT Project No.: SF003 02D & 01C STIP No.: Amendment 42 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 CITY OF APACHE JUNCTION THIS AMENDMENT NO. ONE to INTERGOVERNMENTAL AGREEMENT (the "Amendment No. One"),entered into this date , 2015, pursuant to Arizona Revised Statutes §§ 11-951 through 11-954, as amended,between the STATE OF ARIZONA, acting by and through its DEPARTMENT OF TRANSPORTATION (the "State") and the CITY OF APACHE JUNCTION an Arizona municipal corporation, acting by and through its MAYOR and CITY COUNCIL (the "City").The City and State are collectively referred to as the "Parties." WHEREAS,the INTERGOVERNMENTAL AGREEMENT,JPA/IGA 11-210-1,A.G.Contract No. P0012012000645, was executed on May 14, 2012, (the "Original Agreement"); WHEREAS,the State is empowered by Arizona Revised Statutes § 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 Arizona Revised Statutes § 48-572 to enter into this Amendment No. One and has by resolution, a copy of which is attached hereto and made a part hereof, 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 agreements expressed herein, the Parties desire to amend and restate the Original Agreement in its entirety, as follows: I.RECITALS Page 2 ADOT File No.: IGA/ JPA 11-210-1 CAR No.: 13-0000860-1 Amendment No. One:15-0005177-1 1.The State is empowered by Arizona Revised Statutes § 28-401 to enter into this Agreement and has delegated to the undersigned the authority to execute this Agreement on behalf of the State. 2.The City is empowered by Arizona Revised Statutes § 48-572 to enter into this Agreement and has by resolution, a copy of which is attached hereto and made a part hereof, resolved to enter into this Agreement and authorized the undersigned to execute this Agreement on behalf of the City. 3.The Safe Routes to School (SRTS)Program was established in August 2005 as part of SAFETEA-LU, Section 1404 of this legislation provides funding for State Departments of Transportation to administer SRTS programs.The State and City have identified the project within the City as eligible for this funding. 4.The work proposed under this Agreement consists of designing and costructing concrete sidewalk with curb and gutter and bike lanes, hereinafter referred to as the "Project". Listed are the following locations for concrete sidewalks and bike lanes: a.East side of Ironwood Drive between Broadway Avenue and 4th Avenue across from Superstition Mountain Elementary School a 1039 foot concrete sidewalk with curb & gutter. b.West side of Idaho Road at Tepee Street south of Four Peaks Elementary School a 399 foot concrete sidewalk with 341 feet of curb and gutter. c.West side of Idaho Road from Tepee Street to Foothill Street sidewalk with curb and gutter. d.Four Peaks Elementary School to the public library a 1.4 mile bike lane. The State will be the City's designated agent for obtaining federal funds for the City.The City agrees to use one of the State's on -call design consultant firms to prepare the necessary documents and design plans in conformance with the federal project development process.The State will administer the construction phase of the Project. The plans, estimates and specifications for the Project will be prepared and, as required, submitted to the State and Federal Highway Administration (FHWA) for its approval. 5.The interest of the State in this Project is the acquisition of federal funds for the use and benefit of the City and the authorization of such federal funds for the Project pursuant to federal law and regulations.The State shall be the designated agent for the City for the Project, if the Project is approved by FHWA and funds for the Project are available.The Project will be performed, completed, accepted and paid for in accordance with the requirements of the Project specifications and terms and conditions. 6.The Parties shall perform their responsibilities consistent with this Agreement; any change or modification to the Project will only occur with the mutual written consent of both Parties. Page 3 ADOT File No.: IGA/ JPA 11-210-1 CAR No.: 13-0000860-1 Amendment No. One:15-0005177-1 7.The federal funds will be used for the scoping/design and construction of the Project, including the construction engineering and administration cost (CE).The estimated Project costs are as follows: SF003 03D (scopina/desian): Federal -aid funds @ 100%*$ 86,504.00 SF003 01C (construction): Federal -aid funds @100%**$313,094.00 TOTAL Estimated Project Cost $ 399,598.00 "(Includes ADOT Project Management & Design Review (PMDR) costs) ** (Includes 15% CE and 5%Project contingencies) The Parties acknowledge that the final Project costs may exceed the initial estimate(s) shown above, and in such case, the City is responsible for, and agrees to pay, any and all actual costs exceeding the initial estimate. If the final bid amount is less than the initial estimate, the difference between the final bid amount and the initial estimate will be de -obligated or otherwise released from the Project. The City acknowledges it remains responsible for, and agrees to pay according to the terms of this Agreement, any and all actual costs exceeding the final bid amount. THEREFORE,in consideration of the mutual Agreements expressed herein, it is agreed as follows: II.SCOPE OF WORK 1.The State will: a.Upon execution of this Agreement, be the designated agent for the City, if such project is - approved by FHWA and project funds are available. b.On behalf of the City, prepare and provide all documents pertaining to the design and post- design of the Project, incorporating comments from the City, as appropriate; and review and approve documents required by FHWA to qualify the Project for and to receive federal funds.Such work may consist of,but is not specifically limited to,preparation of environmental documents; analysis and documentation of environmental categorical exclusion determinations; geologic materials testing and analysis; right-of-way related activities; preparation of reports, design plans, maps, specifications and cost estimates; and such other related tasks essential to the achievement of the objectives of this Agreement. c.Submit all documentation required to FHWA containing the above -mentioned Project with the recommendation that funding be approved for scoping/design, and request the maximum programmed federal funds for the scoping/design of this Project.Upon authorization, proceed to advertise for and enter into contract(s) with the consultant(s) for the design and post design of the Project. d.Submit all documentation required to FHWA with the recommendation that funding be approved for construction. Request the maximum programmed federal funds for the construction of this Project.Should costs exceed the maximum federal funds available, it is understood and agreed that the City will be responsible for any overage. Page 4 ADOT File No.: IGA/ JPA 11-210-1 CAR No.: 13-0000860-1 Amendment No. One:15-0005177-1 e.Upon FHWA authorization,proceed to administer construction, advertise for, receive and open bids, award and enter into a contract(s) with a firm(s) for the construction of the Project. If the bid amounts exceed the construction cost estimate, obtain City concurrence prior to awarding the contract. f.Be granted, without cost requirements, the right to enter City right-of-way as required to conduct any and all construction and pre -construction related activities for said Project, including without limitation, temporary construction easements or temporary rights of entry on to and over said rights -of- way of the City. g.Enter into an agreement with the design consultant which states that the design consultant shall provide professional post -design services as required and requested throughout and upon completion of the construction phase of the Project. Upon completion of the construction phase of the Project, provide an electronic version of the as -built plans to the City. h.Notify the City that the Project has been completed and is considered acceptable, coordinating with the City as appropriate to turn over full responsibility of the Project improvements. De- obligate or otherwise release any remaining federal funds from the construction phase of the Project within ninety (90) days of final acceptance. i.Not be obligated to maintain said Project, should the City fail to budget or provide for proper and perpetual maintenance as set forth in this Agreement. j.Continuously evaluate the City's program based on the regular submittal of evaluation data as required and identified in the project application.Should either of these not be met, State SRTS Project Coordinator maintains the right to discontinue the award. 2.The City will: a.Upon execution of this Agreement, designate the State as the authorized agent for the City, if such project is approved by FHWA and project funds are available. b.Review design plans, specifications and other such documents and services required for the construction bidding and construction of the Project, including scoping/design plans and documents required by FHWA to qualify projects for and to receive federal funds. Provide design review comments to the State as appropriate. c.Be responsible for all costs incurred in performing and accomplishing the work as set forth under this Agreement, not covered by federal funding. Should costs be deemed ineligible or exceed the maximum federal funds available, it is understood and agreed that the City is responsible for these costs, payment for these costs shall be made within thirty (30) days of receipt of an invoice from the State. d.Certify that all necessary rights -of -way have been or will be acquired prior to advertisement for bid and also certify that all obstructions or unauthorized encroachments of whatever nature, either above or below the surface of the Project area, shall be removed from the proposed right-of-way, or will be removed prior to the start of construction, in accordance with The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 as amended; 49 CFR 24.102 Basic Acquisition Policies; 49 CFR 24.4 Assurances, Monitoring and Corrective Action, parts (a) & (b) and ADOT ROW Manual: 8.02 Responsibilities,8.03 Prime Functions,9.06 Monitoring Process and 9.07 Certification of Compliance. Coordinate with the appropriate State's Right -of -Way personnel during any right-of-way process performed by the City, if applicable. Page 5 ADOT File No.: IGA/ JPA 11-210-1 CAR No.: 13-0000860-1 Amendment No. One:15-0005177-1 e.Not permit or allow any encroachments upon or private use of the area within the construction limits, except those authorized by permit. In the event of any unauthorized encroachment or improper use, the City shall take all necessary steps to remove or prevent any such encroachment or use. f.Grant the State, its agents and/or contractors, without cost, the right to enter City rights -of- way, as required, to conduct any and all construction and preconstruction related activities, including without limitation, temporary construction easements or temporary rights of entry to accomplish among other things, soil and foundation investigations. g.Submit the following progress reports and project evaluation forms as required by the Federal Safe Routes to School Program and State Program: i.)Before ADOT can issue the Contractor a Notice to Proceed (NTP) with construction, baseline data must have been collected and submitted to the Safe Routes To School (SRTS)Program Coordinator to document the number of students arriving to,and departing from, the school by travel mode. The data collection will need to occur during the school year, but before project construction begins, and will use the "Student Travel Tally Sheet" (available at www.saferoutesinfo.orq under 'Data Central') as the survey instrument, following its explicit instructions. ii.)At project completion (before the final reimbursement request is submitted) complete and submit the Project Close -Out Evaluation Form. iii.) Twice annually, attached to a corresponding quarterly reimbursement request, submit a report, no more than one page in length, of the program's progress as identified in the Project application to the State SRTS Program Coordinator. h.Be obligated to incur any expenditure should unforeseen conditions or circumstances increase the cost of said work required by a change in the extent of scope of the work requested by the City, such changes require the prior approval of the State and FHWA.Be responsible for any contractor claims for additional compensation caused by Project delays attributable to the City, payment for these costs shall be made within thirty (30) days of receipt of an invoice from the State. i.Upon notification by the State of Project completion, agree to accept, maintain and assume full responsibility of the Project in writing.Provide proper, on -going maintenance of the Project through the duration of the expected useful life of the materials as constructed in place. j.Pursuant to 23 USC 102(b),repay all federal funds reimbursements for preliminary engineering costs on the Project if it does not advance to right-of-way acquisition or construction within ten (10) years after Federal funds were first made available. III.MISCELLANEOUS PROVISIONS 1.This Agreement shall remain in force and effect from the date of execution, to also include final reimbursement and submittal of final status reports, provided however, that this Agreement, except any provision herein for maintenance,which shall be perpetual, unless assumed by another governmental agency, may be cancelled at any time prior to the award of a contract, upon thirty (30) days written notice to the other party. It is understood and agreed that, in the event the City terminates this Agreement, the City will be responsible for all costs incurred by the State up to the time of termination.It is further understood and agreed that should the City terminate this Agreement, the State shall in no way be obligated to maintain said Project. Page 6 ADOT File No.: IGA/ JPA 11-210-1 CAR No.: 13-0000860-1 Amendment No. One:15-0005177-1 2.The State assumes no financial obligation or liability under this Agreement, or for any resulting construction Project. The City,in regard to the City's relationship with the State only, assumes full responsibility for the design, plans, specifications, reports, the engineering in connection therewith and the construction of the improvements contemplated,cost over -runs and construction claims.It is understood and agreed that the State's participation is confined solely to securing federal aid on behalf of the City and the fulfillment of any other responsibilities of the State as specifically set forth herein; that any damages arising from carrying out, in any respect, the terms of this Agreement or any modification thereof shall be solely the liability of the City and that to the extent permitted by law, the City hereby agrees to save and hold harmless, defend and indemnify from loss the State, any of its departments, agencies, officers or employees from any and all costs and/or damage incurred by any of the above and from any other damage to any person or property whatsoever, which is caused by any activity, condition, misrepresentation, directives, instruction or event arising out of the performance or non performance of any provisions of this Agreement by the State, any of its departments, agencies, officers and employees, or its independent contractors, the City, any of its agents, officers and employees, or its independent contractors. Costs incurred by the State, any of its departments, agencies, officers or employees shall include in the event of any action, court costs, and expenses of litigation and attorneys' fees.. 3.The cost of scoping,design,construction and construction engineering work under this Agreement is to be covered by the federal funds set aside for this Project, up to the maximum available. The City acknowledges that the eventual actual costs may exceed the maximum available amount of federal funds, or that certain costs may not be accepted by the federal government as eligible for federal funds.Therefore, the City agrees to pay the difference between actual Project costs and the federal funds received. 4.Should the federal funding related to this Project be terminated or reduced by the federal government, or Congress rescinds,fails to renew, or otherwise reduces apportionments or obligation authority, the State shall in no way be obligated for funding or liable for any past, current or future expenses under this Agreement. • 5.The cost of the Project under this Agreement includes applicable indirect costs approved by the Federal Highway Administration (FHWA). 6.The Parties warrant compliance with the Federal Funding Accountability and Transparency Act of 2006 and associated 2008 Amendments (the "Act").Additionally, in a timely manner, the City will provide information that is requested by the State to enable the State to comply with the requirements of the Act, as may be applicable. 7.The City acknowledges compliance with federal laws and regulations and may be subject to the Office of Management and Budget (OMB),Single Audit,Circular A-133 (Audits of States,Local Governments,and Non -Profit Organizations).Entities that expend $500,000.00 or more (prior to 12/26/14) and $750,000.00 or more (on or after 12/26/14) of federal assistance (federal funds, federal grants, or federal awards) are required to comply by having an independent audit. Either an electronic or hardcopy of the Single Audit is to be sent to Arizona Department of Transportation Financial Management Services within the required deadline of nine (9) months of the sub recipient fiscal year end. ADOT — FMS Attn:Cost Accounting Administrator 206 S 17 th Ave. Mail Drop 204B Phoenix, AZ 85007 SinaleAuditaazdot.qov 8.This Agreement shall become effective upon signing and dating of the Determination Letter by the State's Attorney General. Page 7 ADOT File No.: IGA/ JPA 11-210-I CAR No.: 13-0000860-I Amendment No. One:15-0005177-I 9.This Agreement may be cancelled in accordance with Arizona Revised Statutes § 38-511. 10. To the extent applicable under law, the provisions set forth in Arizona Revised Statutes §§ 35-214 and 35-215 shall apply to this Agreement. 11. This Agreement is subject to all applicable provisions of the Americans with Disabilities Act (Public Law 101-336, 42 U.S.C.12101-12213) and all applicable Federal regulations under the Act, including 28 CFR Parts 35 and 36. The parties to this Agreement shall comply with Executive Order Number 2009-09 issued by the Governor of the State of Arizona and incorporated herein by reference regarding "Non -Discrimination". 12. Non -Availability of Funds: Every obligation of the State under this Agreement is conditioned upon the availability of funds appropriated or allocated for the fulfillment of such obligations. If funds are not allocated and available for the continuance of this Agreement, this Agreement may be terminated by the State at the end of the period for which the funds are available. No liability shall accrue to the State in the event this provision is exercised,and the State shall not be obligated or liable for any future payments as a result of termination under this paragraph. 13. In the event of any controversy, which may arise out of this Agreement, the Parties hereto agree to abide by required arbitration as is set forth for public works contracts in Arizona Revised Statutes § 12- 1518. 14. The Parties shall comply with the applicable requirements of Arizona Revised Statutes § 41-4401. 15. The Parties hereto shall comply with all applicable laws, rules, regulations and ordinances, as may be amended. 16. All notices or demands upon any party to this Agreement shall be in writing and shall be delivered in person or sent by mail, addressed as follows: For Agreement Administration: Arizona Department of Transportation Joint Project Administration205 S. 17th Avenue, Mail Drop 637E Phoenix,Arizona 85007 (602) 712-7124 (602) 712-3132 Fax JPABranch azdot.00v For Program Administration: Arizona Department of Transportation Safe Routes To School Program Coordinator 1615W. Jackson St. EM10 Phoenix, AZ 85007 For Financial Administration: Arizona Department of Transportation Joint Project Administration205 S. 17th Avenue,Mail Drop 637E Phoenix, Arizona 85007 (602) 712-7124 (602) 712-3132 Fax JPABranch!azdot.gov City of Apache Junction Attn: Giao Pham 575 E. Baseline Avenue Apache Junction, AZ 85119 (480) 4748513 gpham©ajcity.net City of Apache Junction Attn: Donna Meinerts 300 E Superstition Blvd. Apache Junction, AZ 85119 (480) 474-5451 Page 8 ADOT File No.: IGA/ JPA 11-210-1 CAR No.: 13-0000860-1 Amendment No. One:15-0005177-1 17. In accordance with Arizona Revised Statutes § 11-952 (D) attached hereto and incorporated herein is the written determination of each party's legal counsel and that the Parties are authorized under the laws of this State to enter into this Agreement and that the Agreement is in proper form. THIS AMENDMENT NO. ONE shall become effective upon signing and dating of the Determination Letter by the State's Attorney General. IN ACCORDANCE WITH Arizona Revised Statutes § 11-952 (D) attached hereto and incorporated herein is the written determination of each Party's legal counsel and 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 STATE OF ARIZONA Department of Transportation By JOHN S. INSALACO By STEVE BOSCHEN, P.E. Mayor ITD Division Director ATTEST: KATHY CONNELLY Clerk ADOT File No.: IGA/ JPA 11-210-1 CAR No.:13-0000860-1 Amendment No. One:15-0005177-1 ATTORNEY APPROVAL FORM FOR THE CITY OF APACHE JUNCTION 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 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 )-si3 L_day of •—, 2015. ctY tdc\Trziz(\iEy_ A pet/Lt.j ibitakiii1/