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HomeMy WebLinkAboutResolution 2015-046 Approving IGA for Design and Construction of the Santa Cruz River Shared Use Path, Phase 3MARANA RESOLUTION NO. 2015 -046 RELATING TO PUBLIC WORDS; APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE AMENDMENT NO. ONE To THE INTERGOVERNMENTAL AGREEMENT WITH THE STATE OF ARIZONA FOR DESIGN AND CONSTRUCTION OF THE SANTA CRUZ RIVER SHARED USE PATH, PHASE 3 WHEREAS the Mayor and Council of the Town of Marana adopted Marana Resolution No. 2011 -21 on February 15, 2011, approving and authorizing the Mayor to execute a February 9, 2011 intergovernmental agreement with the State of Arizona for design and construction of the Santa Cruz River Shared Use Path (Phase 3 ); and WHEREAS the IGA provided for the Town of Marana to design and construct 2.7 miles of the Santa Cruz River Shared Use Path; and WHEREAS the State of Arizona has issued a proposed amendment modifying the IGA to provide for State construction of the Santa Cruz River Shared Use Path; and WHEREAS the Mayor and Council of the Town of Marana find that the proposed amendment of the IGA is in the best interests of Marana and its citizens. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN Off{ MARANA, AS FO1J,OWS: SECTION 1. Amendment No. one to the intergovernmental agreement between the Town of Marana and the State of Arizona for design and construction of the Santa Cruz River Shared Use Path, Phase 3, in substantially the form attached to and incorporated by this reference in this resolution as Exhibit A. is hereby approved, and the Mayor is hereby authorized and directed to execute it for and on behalf of the Town of Marana. SECTION 2. The various Town officers and employees are authorized and directed to perform all acts necessary or desirable to give effect to this resolution and to carry out the terms of the intergovernmental agreement as amended. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 19th day of May, 2015. (A - M A R - AN A «� �� Mayor/ Ed Ho ea ATTEST: ..�f APPROVE AS TO FORM. 411, ocelyn , Bronson, Town Clerk r Cas y,rT At rney 0004 1} w Marana Resolution No. 2015 -046 5/6/2015 9:47 AM 1"1C ADOT File No.: IGAI JPA 09 -184 -1 ADOT CAR No.: 13-0001073 -1 Amendment No. one: 14- 0005025 -1 AG Contract No.: P0012010003928 Project: Design /Construct 2.7 miles of pathway Section: NE bank of Santa Cruz River Federal -aid No.: TEA -MRN -0(201 ) ADOT Project No.: SL649 02D101 C TIPISTIP No.: FY2010 -2014, #105.08 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 TOWN OF MARANA 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 TOWN OF MARANA, acting by and through its MAYOR and TOWN COUNCIL (the "Town "). The Town and State are collectively referred to as the "Parties." WHEREAS, the INTERGOVERNMENTAL AGREEMENT, JPAIIGA 09. 1841., A.G. Contract No. P0012010003928, was executed on February 9, 2011, (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 Town is empowered by Arizona Revised Statutes § 9 -240 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 Town; 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: Page 2 ADOT File No.: IGAI JPA 09 -184 -I CAR No.: 13- 0001073 -I Amendment No. one: 14-- 0005025 -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 Town is empowered by Arizona Revised Statutes § 9.240 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 has authorized the undersigned to execute this Agreement on behalf of the Town. 3. The work proposed under this Agreement, hereinafter referred to as the "Project ", consists of the design and construction of approximately 2.7 miles of asphaltic concrete pathway along the northeast bank of Santa Cruz River. The construction also includes installation of landscaping /irrigation, benches, trash receptacles and bike racks. The Town will continue to administer the design and the State will advertise, bid, award and administer the construction of the Project. 4. The Project lies within the boundary of the Town and has been selected by the,Town, and the survey of the project site has been completed. The plans, estimates and specifications for the Project will be prepared and, as required, submitted to the State and Federal Highway Administration (FHWA) for approval. 5. The Town, in order to obtain federal funds for the design and construction of the Project, is willing to provide Town funds to match federal funds in the ratio required or as finally fixed and determined by the Town and FHWA, including actual construction engineering and administration costs (CE). 6. The interest of the State in this Project is the acquisition of federal funds for the use and benefit of the Town 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 Town for the Project. 7. The Parties will perform their responsibilities consistent with this Agreement and any change or modification to the Project will only occur with the mutual written consent of both Parties. 8. The federal funds will be used for the scopingldesign and construction of the Project, including the construction engineering and administration cost (CE). The estimated Project costs are as follows: SL649 02D (ADOT Project Management & Design Review PMDR Cost Federal -aid funds @ 94.3% $ 11,316.00 Town's match a@ 5.7% 034.00 Subtotal — PMDR Cost $ 12 SL649 02D (scopinq /design): Federal -aid funds @ 94.3% $ 59,230.00 Town's match a@ 5.7% 3 Subtotal — Scoping /Design $ 62,810.00 SL649 01 C construction Federal -aid funds @ 94.3% (capped) $ 429 Town's match @ 5.7% $ 25,958.00 Town's contribution @ 100% $ 133,462.00 Page 3 ADOT File No.: ICAI J PA 09.184 -1 CAR No.: 13- 9091073 -1 Amendment No. One: 14- 0005025 -1 Subtotal — Construction* (State administered) $ 588 Estimated TOTAL Project Cost $ 663,684.00 Summary: Total Estimated Town Funds $ 183,884.00 Total Federal Funds $ 300,000.00 ` (included in the Town Estimated Funds) (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 Town is responsible for, and agrees to pay, any and ail, 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 Town 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: 11. SCOPE OF WORK 1. The State will: a. Upon execution of this Agreement, be the designated agent for the Town for the Project, the Project is approved by FHWA and funds for the Project are available. b. Upon execution of this Agreement, and prior to performing or authorizing any work, invoice the Town for the initial PMDR costs, currently estimated at $684.00. If during the development of the design, additional funding is required for the PMDR costs increase, the State will allocate additional amounts in increments of $2,829.00 from the Federal funding amount and invoice the Town $171.00 for their 5.7% match of each $3,000.00. Once the Project costs have been finalized, the State will either invoice or reimburse the Town for the difference between estimated and actual costs. c. Upon receipt of the PMDR costs, on behalf of the Town, review and approve documents required by FHWA to qualify certain projects for and to receive federal funds, providing comments to the Town as appropriate. Such documents may consist of, but are not specifically limited to, environmental documents; the preparation of the analysis requirements for documentation of environmental categorical exclusion determinations; review of reports, design plans, maps, and specifications; geologic materials testing and analysis; right -of -way related activities and such other related tasks essential to the achievement of the objectives of this Agreement. d. Submit all documentation required to FHWA pertaining to the Project with the recommendation that funding be approved for scoping /design. Request the maximum programmed federal funds for the scoping /design of this Project. Upon authorization, notify the Town that they may proceed to advertise for and enter into contract(s) with the consultant(s) for the design of the Project. e. Within thirty (30) days of receipt of approved invoices, reimburse the Town for eligible costs incurred for scopingldesign of the Project with federal funds not to exceed the federal capped amount of $59,230.00. Any costs incurred prior to the date of authorization for federal funding of the design by FHWA are not eligible for reimbursement, including the design review fee. Page 4 ADOT File No.: IGAI JPA 09 -184 -1 CAR No.: 130001073 -1 Amendment No. One: 14- 0005025 -1 f. Upon notification from the Town of the completion of design and prior to authorization, invoice the Town, for the Town's share of Project construction costs currently estimated at $159,420.00. once the Project costs have been finalized, the State will either invoice or reimburse the Town for the difference between estimated and actual costs. De- obligate or otherwise release any remaining federal funds from the scopingldesign phase of the Project. g. Upon receipt of the Town's estimated share of the Project construction costs, 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 Town will be responsible for any overage. h. Upon FHWA authorization and with the aid and consent of the Town, proceed to administer construction, advertise for, receive and open bids subject to the concurrence of the Town, to whom the award is made and enter into a contract(s) with a firm(s) for the construction of the Project. i. Be granted, without cost requirements, the right to enter Town 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 Town. j. Notify the Town the Project has been completed and is considered acceptable, coordinating with the Town 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. k. Not be obligated to maintain said Project, should the Town fail to budget or provide for proper and perpetual maintenance as set forth in this Agreement. 2. The Town will: a. Upon execution of this Agreement, designate the State as authorized agent for the Town for the Project. b. Upon execution of this Agreement, and prior to performing or authorizing any work, and within thirty (30) days of receipt of an invoice from the State pay the initial PMDR costs, currently estimated at $884.00. If during the development of the design, additional funding is required for the PMDR costs increase, the State will allocate additional amounts in increments of $2,829.04 from the Federal funding amount and invoice the Town $171.00 for their 5.7% match of each $3,040.00. once the Project costs have been finalized, the State will either invoice or reimburse the Town for the difference between estimated and actual costs. c. Upon authorization of federal funds by FHWA for scopingldesign and with the aid and consent of the State and FHWA, the Town shall proceed to enter into a contract(s) for the design of the Project. Under direct supervision of a registered professional, administer contract(s) for the Project design and make all payments to the consultants). Should costs be deemed ineligible or exceed the maximum federal funds available, it is understood and agreed that the Town is responsible for these costs. d. Provide to the State design plans, specifications and other such documents and services required for the construction bidding and construction of the Project, including scopingldesign plans and Page 5 ADOT File No.: IGAI J PA 09- 184- -I CAR No.: 130001073 -I. Amendment No. one: 14- 0005025 -1 . documents required by FHWA to qualify projects for and to receive federal funds. Incorporate State design review comments as appropriate. e. Comply with the following timelines: 1) If applicable, within nine (9) months of the date of initial federal funds authorization for design: i) Advertise the project using Federal Procurement Procedures; ii} Enter into an agreement with the design Consultants), which states that the design consultant shall provide services as required and requested throughout the construction phase of the Project; and iii} Begin designing the Project. 2) Notify the State of the total, final contract amount within thirty (30) days of the award of a scopingldesign contract. Any federal funds authorized scopingldesign in excess of the final contract amount will be de-obligated or otherwise released from the Project. 3) Invoice the State for reimbursement of eligible, incurred Project costs at least once every ninety (90) days throughout the scopingldesign phase of the Project, or within thirty (30) days of payment to a contractor or consultant. Provide all necessary backup documentation with said invoice. Costs incurred prior to the date of federal funds authorization are not eligible for reimbursement. Total invoiced costs may not exceed $59,230.49, the amount of federal funds programmed for the Project. 4) Notify the State in writing within sixty (60) days of completion of scoping /design of the Project. 5) Federal funding is subject to deobligation and removal from the Project twelve (12) months after the date of initial authorization unless the deadlines in this subsection are met, or sufficient justification regarding the delay and the expected construction start date are provided to the State and FHWA in writing. f. Upon completion of design, within thirty (30) days of receipt of an invoice from the State and prior to bid advertisement, pay the State, the Town's Project construction costs, currently estimated at $159,424.44. once the Project costs have been finalized, the State will either invoice or reimburse the Town for the difference between estimated and actual costs. g. 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 Town is responsible for these costs. h. 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 Town, if applicable. Page 6 ADOT File No.: IGA/ JPA 09 -184 --1 CAR No.: 13- 0001073 -1 Amendment No. One: 14- 0005025 -I i. Grant the State, its agents and/or contractors, without cost, the right to enter Town 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. j. 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 Town. 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 Town. Payment for these costs shall be made within thirty (30) days of receipt of an invoice from the State. k. Upon notification of Project completion, agree to accept, maintain and assume full responsibility of the Project in writing. I. Upon completion of the construction phase of the Project, provide an electronic version of the as- -built plans to Arizona Department of Transportation Statewide Project Management Group, 205 S. 17 Ave, Mail Drop 614E, Phoenix, Arizona 85007 m. 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. 111111. MISCELLANEOUS PROVISIONS 1. The terms, conditions and provisions of this Agreement shall remain in full force and effect until completion of said Project and related deposits or reimbursement, except any provisions for maintenance shall be perpetual, unless assumed by another competent entity. This Agreement may be cancelled at any time prior to the award of the Project construction contract, upon thirty (30) days written notice to the other party. It is understood and agreed that, in the event the Town terminates this Agreement, the Town 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 Town terminate this Agreement, the State shall in no way be obligated to maintain said Project. 2. The State assumes no financial obligation or liability under this Agreement, or for any resulting construction Project. The Town, in regard to the Town '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 Town 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 Town and that to the extent permitted by law, the Town 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 liability, costs and/or damage incurred by any of the above arising or resulting from this Agreement; and from any other liability, 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 nonperformance of any provisions of this Agreement by the State, any of its departments, agencies, officers and employees, or its independent contractors, the Town , 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. Page 7 ADOT File No.: IGAI JPA 09 -164 -I CAR No.: 13- 0001073 -I Amendment No. one: 14- 0005025 --I 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 Town 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 Town agrees to furnish and provide the difference between actual costs of the Project 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 indirect costs approved by the FHWA, as applicable. 6. The Parties warrant compliance with the Federal Funding Accountability and Transparency Act of 2006 and associated 2008 Amendments (the "Act "). Additionally, in a timely manner, the Town 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 Town 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 12126114) and $750,000.00 or more (on or after 12126114) 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 206S17 th Ave. Mail Drop 204B Phoenix, Az 85007 Sin reAud it@azdot.gov 8. This Agreement shall become effective upon signing and dating of the Determination Letter by the State's Attorney General. 9. This Agreement may be cancelled in accordance with Arizona Revised Statutes § 38 -511. 10. To the extent applicable under law, the provisions set forth in Arizona Revised Statutes §§ 35 -214 and 35 -215 shall apply to this Agreement. 11. This Agreement is subject to all applicable provisions of the Americans with Disabilities Act (Public Law 101 -336, 42 U.S.C. 12101 - 12213) and all applicable federal regulations under the Act, including 28 CFR Parts 35 and 36. The parties to this Agreement shall comply with Executive Order Number 2009 -09 issued by the Governor of the State of Arizona and incorporated 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 Pa 8 ADOT File No.: IGA/ JPA 09-184-1 CAR No.: 13-0001073-1 Amendment No. One: 14-0005025-1 event this provision is exercised, and the State shall not be obli or liable for an future pa as a result of termination under this para 13. In the event of an controvers which ma arise out of this A the Parties hereto a to abide b re arbitration as is set forth for public works contracts in Arizona Revised Statutes § 12- 1518. 14. The Parties shall compl with the applicable re of Arizona Revised Statutes § 41-4401. 15. The Parties hereto shall compl with all applicable laws, rules, re and ordinances, as ma be amended. 16. All notices or demands upon an part to this A shall be in writin and shall be delivered in person or sent b mail, addressed as follows: Arizona Department of Transportation Town of Marana Joint Project Administration Attn: Tom Houle 205S. '17 th Avenue, Mail Drop 637E 11555 W Civic Center Dr. Phoenix, Arizona 85007 Marana, AZ 85653 (602) 712-7124 (520)382-2684 (602) 712-3132 Fax THIS AMENDMENT NO. One shall become effective upon si and datin of the Determination Letter b the State's Attorne General. IN ACCORDANCE WITH Arizona Revised Statutes § 11-952 ( D ) attached hereto and incorporated herein is the written determination of each Part le 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 da and y ear first above written. TOWN OF MAR NA �Fr _ j� _ }� � �• �__ ate- - yam... B y ED HON EA Ma STATE OF ARIZONA Department of Transportation IM STEVE BOSCHEN, P.E. Senior Deput State En ATTEST: N BRONSON ADOT File No.: IOAf JPA 99 -184 - CAR No.: 13- 0001073 - Amendment No. one: 14- 9905025 -I ATTORNEY APPROVAL FORM FOR THE TOWN OF MARANA 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 TOWN OF MARANA, 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 Town 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. Cane. DATED this ��� day of �Q , 2015.