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HomeMy WebLinkAboutRes 2021-11 RESOLUTION NO. 2021-11 A RESOLUTION OF THE MAYOR AND TOWN COUNCIL OF FOUNTAIN HILLS, MARICOPA COUNTY, ARIZONA, APPROVING AN INTERGOVERNMENTAL AGREEMENT WITH THE STATE OF ARIZONA RELATING TO SIDEWALK INFILL DESIGN AND CONSTRUCTION RECITALS: WHEREAS, by Resolution 2021-011 the Mayor and Town Council of the Town of Fountain Hills (the "Town") approved an Intergovernmental Agreement with the State of Arizona (the "State") relating to the Design and Construction of sidewalk along Saguaro Boulevard form Colony Drive to Fountain Hills Blvd and Palisades Boulevard from Saguaro Boulevard to Fountain Hills Boulevard (the "Agreement"); and WHEREAS, the Town and the State desire to amend the Agreement to revise the project costs. ENACTMENTS: NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS as follows: SECTION 1. That the Town, through its Mayor and Council, hereby approves the Intergovernmental Agreement (the "Agreement"), attached hereto as Exhibit A. SECTION 2. The Mayor, the Town Manager, the Town Clerk and the Town Attorney are hereby authorized and directed to cause the execution of the Intergovernmental Agreement and to take all steps necessary to carry out the purpose and intent of this Resolution. PASSED AND ADOPTED by the Mayor and Council of the Town of Fountain Hills, Maricopa County, Arizona, this 4th day of May, 2021. FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO: Gin Dickey, Ma Y oY-- izabeth lein Town Ceps REVIEWED BY: APPROVED AS TO FORM: Grady E. Ile , Town Manager Aaron D. Arnson, Town Attorney RESOLUTION NO. 2021-11 PAGE 2 EXHIBIT A INTERGOVERNMENTAL AGREEMENT ADOT CAR No.: IGA 21-0008123-I AG Contract No.: P001 2021 000539 Project Location/Name: Palisades Blvd., and Saguaro Blvd. Type of Work: Sidewalk Gaps Federal-aid No.: FTH-0(210)T ADOT Project No.: T031401C TIP/STIP No.: FTH23-040D, FTH23-040 CFDA No.: 20.205 - Highway Planning and Construction Budget Source Item No.: INTERGOVERNMENTAL AGREEMENT BETWEEN THE STATE OF ARIZONA AND _=--- TOWN OF FOUNTAIN HILLS THIS AGREEMENT ("Agreement") is entered into this date ,pursuant to the 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 TOWN OF FOUNTAIN HILLS,acting by and through its MAYOR and TOWN COUNCIL (the"TOWN").The State and the Town are each individually referred to as a"Party" and are collectively referred to as the"Parties." I. RECITALS 1. The State is empowered by A.R.S.§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 A.R.S.§ 9-240 to enter into this Agreement and has by resolution,a copy of which is attached and made a part of, 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 consists of the installation of 8 foot meandering sidewalk to close gaps and create continuous pedestrian routes for residents on Palisades Blvd between Fountain Hills Blvd and Saguaro Blvd and on Saguaro Blvd between Fountain Hills Blvd and Colony Drive, (the"Project"). Construction of the Project along this alignment also includes,but is not limited to, drainage scuppers,ford crossings,ADA ramps installed at intersections,driveway improvements,utility relocations,sign relocations,retaining walls, landscape restoration,and pavement restriping.The Project cost is estimated at $2,462,683.00,as shown in Exhibit A,attached and made a part of this Agreement,which includes federal aid and the Town's match.The State will administer the design,and advertise,bid and award,and administer the construction of the Project. Page 1 of 10 IGA 21-0008123-I 4. The interest of the State in this Project is the acquisition of federal funds for the use and benefit of the Town and 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, if the Project is approved by Federal Highway Administration (FHWA) and funds for the Project are available. THEREFORE,the Recitals set forth above are incorporated into this Agreement and in consideration of the mutual terms expressed herein, it is agreed as follows: II. SCOPE OF WORK 1. The Parties agree: a. The Project will be completed,accepted,and paid for in accordance with the requirements of the Project plans and specifications. b. The final Project amount may exceed the initial estimate(s) identified in Exhibit A,and in such case,the Town is responsible for,and agrees to pay,any and all actual costs exceeding the initial estimate. If the final Project 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 actual costs and agrees to pay according to the terms of this Agreement. c. The Town and ADOT will each separately file a Notice of Intent(NOI) under the Construction General Permit(CGP) with the Arizona Department of Environmental Quality(ADEQ)before construction begins,if applicable to the Project. 2. The State will: a. Execute this Agreement,and if the Project is approved by FHWA and funds for the Project are available,be the Town designated agent for the Project. b. After this Agreement is executed,and prior to performing or authorizing any work, invoice the Town for the Town's share of the initial Project Development Administration (PDA) costs, estimated at$30,000.00 and the Town's share of the Project design costs, estimated at$16,571.00. If PDA costs exceed the estimate during the development of design,notify the Town, obtain concurrence prior to continuing with the development of design,and invoice as determined by ADOT and the Town for additional costs to complete PDA for the Project.After the Project costs are finalized invoice or reimburse the Town for the difference between actual costs and the amount the Town has already paid for PDA. c. After receipt of the PDA costs and the Town's estimated share of the Project design costs,on behalf of the Town, prepare and provide all documents pertaining to the design and post-design of the Project, incorporating comments from the Town,as appropriate. Review and approve documents required by FHWA to qualify the Project for and to receive federal funds. Perform tasks that may consist of,but are not limited to,preparation of environmental documents; analysis and documentation of Page 2 of 10 IGA 21-0008123-I 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 other related tasks essential to the design development of the Project. d. Submit all required documentation pertaining to the Project to FHWA with the recommendation that the maximum federal funds programmed for this Project be approved for design.After receipt of FHWA authorization,proceed to advertise for and enter into contract(s)with the consultant(s) for the design and post design of the Project.Should costs exceed the maximum federal funds available it is understood and agreed that the Town will be responsible for any overage. e. After completion of design and prior to bid advertisement,invoice the Town for the actual PDA costs, as applicable, and the Town share of the Project construction costs, estimated at$122,491.00.After the Project costs for construction are 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 scoping/design phase of the Project. f. After receipt of the actual PDA costs,if applicable,and the Town's estimated share of the Project construction costs,submit all required documentation to FHWA with the recommendation that the maximum federal funds programmed for construction of this Project be approved. Should costs exceed the maximum federal funds available,it is understood and agreed that the Town will be responsible for any overage. g. After receipt of FHWA authorization,proceed to advertise for, receive and open bids award and enter into a contract with the firm for the construction of the Project. If the bid amounts exceed the construction cost estimate, obtain Town concurrence prior to awarding the contract.After the Project is awarded, invoice the Town for the difference between estimated and actual costs,if applicable. h. Notify the Town of completion and final acceptance of the Project.At such time, file a Notice of Termination (NOT)with ADEQ transferring CGP responsibilities to the Town, and provide a copy to the Town indicating that the State's maintenance responsibility of the Project is terminated,as applicable. i. Notify the Town of completion and final acceptance of the Project; coordinate with the Town and turn over full responsibility of the Project improvements. j. Not be obligated to maintain the Project,should the Town fail to budget or provide for proper and perpetual maintenance as set forth in this Agreement. 3. The Town will: a. Designate the State as the Town authorized agent for the Project. b. Within 30 days of receipt of an invoice from the State,pay the Town's share of the initial PDA costs, estimated at$30,000.00 and the Town's share of Project design costs, estimated at$16,571.00.Agree to be responsible for actual PDA costs,if during the review of design, PDA costs exceed the initial estimate. Be responsible and pay for the Page 3 of 10 IGA 21-0008123-I difference between the estimated and actual PDA and design costs of the Project within 30 days of receipt of an invoice. c. Review design plans,specifications,cost estimates and other such documents 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. 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 Town share of the Project construction costs, estimated at$122,491.00. 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. e. Be responsible for all costs incurred in performing and accomplishing the work as set forth under this Agreement,that are 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; payment for these costs shall be made within 30 days of receipt of an invoice from the State. f. 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 Right of Way Procedures 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 g. Certify that the Town has adequate resources to discharge the Town's real property related responsibilities and ensures that its Title 23-funded projects are carried out using the FHWA approved and certified ADOT Right of Way Procedures Manual and that they will comply with current FHWA requirements whether or not the requirements are included in the FHWA approved ADOT Right of Way Procedures Manual. (23 CFR 710.201) h. Not permit or allow any encroachments on or private use of the right of way,except those authorized by permit. In the event of any unauthorized encroachment or improper use,the Town shall take all necessary steps to remove or prevent any such encroachment or use. Provide a copy of encroachment permits issued within the Project limits to the State. i. Automatically grant to the State,by execution of this Agreement, its agents and/or contractors,without cost,the temporary right to enter Town rights of way, as required, to conduct any and all construction and preconstruction related activities for the Project, on,to and over said Town rights of way.This temporary right will expire with completion of the Project. Page 4of10 IGA 21-0008123-I j. Investigate and document utilities within the Project limits; submit findings to ADOT determining prior rights or no prior rights; approve an easement within the final right of way to re-establish the prior right location for those utilities with prior rights. k. Be obligated to incur any expenditure should unforeseen conditions or circumstances increase Project costs. Be responsible for the cost of any Town requested changes to the scope of work of the Project,such changes will require State and FHWA approval. Be responsible for any contractor claims for additional compensation caused by Project delay attributable to the Town. Payment for these costs will be made to the State within 30 days of receipt of an invoice from the State. 1. After notification of final acceptance by the State,assume and maintain full responsibility of the Project, including Storm Water Pollution Prevention Plans (SWPPP) inspections, maintenance,and required documentation,until final stabilization is reached. Provide the NOI number to the State and the Contractor,accept CGP responsibilities at time of transfer,and file an NOT with ADEQ when final stabilization is reached, as applicable. m. After completion and final acceptance of the Project,agree to maintain and assume full responsibility of the Project and all Project components. III. MISCELLANEOUS PROVISIONS 1. This Agreement shall become effective upon signing and dating of the Determination Letter by the State's Attorney General. 2. Any change or modification to the Project will only occur with the mutual written consent of both Parties. 3. The terms, conditions and provisions of this Agreement shall remain in full force and effect until completion of the Project and all related deposits and/or reimbursements are made. Any provisions for maintenance shall be perpetual,unless assumed by another competent entity. 4. This Agreement may be cancelled at any time up to 30 days before the award of the Project contract,so long as the cancelling Party provides at least 30 days'prior written notice to the other Party.It is understood and agreed that, in the event the Town terminates this Agreement,the Town shall be responsible for all costs incurred by the State up to the time of termination. It is further understood and agreed that in the event the Town terminates this Agreement,the State shall in no way be obligated to complete or maintain the Project. 5. The Town shall indemnify,defend,and hold harmless the State,any of its departments, agencies, officers or employees (collectively referred to in this paragraph as the "State") from any and all claims, demands,suits, actions,proceedings,loss, cost and damages of every kind and description, including reasonable attorneys' fees and/or litigation expenses (collectively referred to in this paragraph as the"Claims"),which may be brought or made against or incurred by the State on account of loss of or damage to any property or for injuries to or death of any person,to the extent caused by, arising out of, or contributed to, by reasons of any alleged act, omission, professional error, fault,mistake, or negligence of Page 5 of 10 I IGA 21-0008123-I the Town, its employees, officers,directors, agents,representatives, or contractors,their employees,agents,or representatives in connection with or incident to the performance of this Agreement.The Town's obligations under this paragraph shall not extend to any Claims to the extent caused by the negligence of the State,except the obligation does apply to any negligence of the Town which may be legally imputed to the State by virtue of the State's ownership or possession of land.The Town's obligations under this paragraph shall survive the termination of this Agreement. 6. The State shall include Section 107.13 of the 2008 version of the Arizona Department of Transportation Standard Specifications for Road and Bridge Construction,incorporated into this Agreement by reference,in the State's contract with any and all contractors, of which the Town shall be specifically named as a third-party beneficiary.This provision may not be amended without the approval of the Town. 7. The cost of scoping,design, construction and construction engineering work under this Agreement is to be covered by the federal funds programmed for this Project,up to the maximum available.The Town acknowledges that actual Project costs may exceed the maximum available amount of federal funds, or that certain costs may not be accepted by FHWA as eligible for federal funds.Therefore,the Town agrees to pay the difference between actual costs of the Project and the federal funds received. 8. 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. 9. The cost of the Project under this Agreement includes indirect costs approved by FHWA,as applicable. 10. 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. 11. The Town acknowledges and will comply with Title VI of the Civil Rights Act Of 1964. 12. The Town acknowledges compliance with federal laws and regulations and may be subject to the CODE OF FEDERAL REGULATIONS,TITLE 2, PART 200 (also known as The Uniform Grant Guidance). Entities that expend$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 in accordance with§200.331 Subpart F. 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 months of the sub recipient fiscal year end. ADOT- FMS Attn: Cost Accounting Administrator 206 S 17th Ave. Mail Drop 204B Phoenix,AZ 85007 SingleAudit@azdot.gov Page 6 of 10 IGA 21-0008123-I 13. Pursuant to 23 USC 102(b),the Town will 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 10 years after federal funds were first made available. 14. This Agreement shall be governed by and construed in accordance with Arizona laws. 15. This Agreement may be cancelled in accordance with A.R.S.§ 38-511. 16. The Town shall retain all books,accounts, reports, files and other records relating to the Agreement for five years after completion of the Project.These documents shall be subject at all reasonable times to inspection and audit by the State.Such records shall be produced by the Town at the request of ADOT. 17. 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 in this Agreement by reference regarding"Non-Discrimination." 18. 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. 19. In the event of any controversy,which may arise out of this Agreement,the Parties agree to abide by arbitration as is set forth for public works contracts if required by A.R.S.§ 12-1518. 20. The Parties shall comply with the applicable requirements of A.R.S.§41-4401. 21. The Parties shall certify that all contractors comply with the applicable requirements of A.R.S. §35-393.01. 22. The Parties shall comply with all applicable laws,rules, regulations and ordinances,as may be amended. 23. All notices or demands upon any Party to this Agreement shall be in writing and shall be delivered electronically, in person, or sent by mail,addressed as follows: For Agreement Administration: Arizona Department of Transportation Town of Fountain Hills Joint Project Agreement Section Attn:Anh Harambasic 205 S. 17th Avenue, Mail Drop 637E 16705 E.Avenue of the Fountains Phoenix,AZ 85007 Fountain Hills,AZ 85298 JPABranch@azdot.gov 480.816.5111 aharambasic@fh.az.gov Page 7of10 IGA 21-0008123-I For Project Administration: Arizona Department of Transportation Town of Fountain Hills Project Management Group Attn:Anh Harambasic 205 S. 17th Avenue, Mail Drop 614E 16705 E.Avenue of the Fountains Phoenix,AZ 85007 Fountain Hills,AZ 85298 PMG@azdot.gov 480.816.5111 aharambasic@fh.az.gov For Financial Administration: Arizona Department of Transportation Town of Fountain Hills Project Management Group Attn:Anh Harambasic 205 S. 17th Avenue, Mail Drop 614E 16705 E.Avenue of the Fountains Phoenix,AZ 85007 Fountain Hills,AZ 85298 PMG@azdot.gov 480.816.5111 aharambasic@fh.az.gov 24. Any revisions to the names and addresses above maybe updated administratively by either Party and shall be in writing. 25. In accordance with A.R.S.§ 11-952 (D), attached and incorporated in this Agreement 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 Agreement and that the Agreement is in proper form. IN WITNESS WHEREOF, the Parties have executed this Agreement the day and year first above written. TOWN OF FOUNTAIN HILLS _= STATE OF ARIZONA lg = Department of Transportation By r By GINNY DICKEY = STEVE BOSCHEN,PE Mayor ' Division Director ATTEST: By ELIZABETH A KLEIN Town Clerk Page 8of10 IGA 21-0008123-I ATTORNEY APPROVAL FORM FOR THE TOWN OF FOUNTAIN HILLS I have reviewed the above referenced Intergovernmental Agreement between the State of Arizona, acting by and through its DEPARTMENT OF TRANSPORTATION,and the TOWN OF FOUNTAIN HILLS,an agreement among public agencies which,has been reviewed pursuant to Arizona Revised Statutes§§ 11-951 through 11-954 and declare this Agreement 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 Agreement. Town Attorney Date . 7 Page 9of10 IGA 21-0008123-I EXHIBIT A Cost Estimate T031401D/03D/01C The federal funds will be used for the ADOT Project Development Administration (PDA) scoping/design and construction of the Project,including the construction engineering(CE) and administration cost.The estimated Project costs are as follows ADOT(PDA}Cost: PDA costs* _- $ 30,000.00 Design: Federal-aid funds @ 94.3% _=- $ 274,144.00 Town's match @ 5.7% =_ __ $ 16,571.00 Subtotal-Design/PDA* $ 320,715.00 Construction: --- Federal-aid funds @ 94.3% _= _ $ 2,026,477.00 Town's match @ 5.7% _ = _ _ $ 122,491.00 Subtotal-Construction** AT $ 2,148,968.00 Estimated TOTAL Project Cost $ 2,469,683.00 Total Estimated Town Funds $ 169,062.00 Total Federal Funds - $2,300,621.00 ** (Includes 15%CE (this percentage is subject to change,any change will require concurrence from the Town) and 5%Project contingencies) Page 10 of 10