HomeMy WebLinkAboutContract # : C-7399-1 - ARIZONA DEPARTMENT OF TRANSPORTATION; AMENDMENT NO. ONE; - Execution Date: 3/26/2013 CITY
CLERK
ADOT File No. IGA/JPA 09-2081
ORIGINALAmendment No. One
AG Contract No.: P001-2010-001918
Project No • GLN-0(228)A
Project Replacement Video Equipment
Section Traffic Management Center
TRACS No.: SS 852 01C
Budget Source Item No.:
C-7399-1
AMENDMENT NO. ONE 03/26/2013
TO
INTERGOVERNMENTAL AGREEMENT
BETWEEN
THE STATE OF ARIZONA
AND
CITY OF GLENDALE
THIS AGREEMENT is entered into this date April 11 , 2013, pursuant to
the 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 GLENDALE acting by and through its MAYOR and CITY COUNCIL (the "City") The State and the
City are collectively referred to as"Parties"
WHEREAS, the parties have previously entered into INTERGOVERNMENTAL AGREEMENT, IGA/ JPA
09-2081, A G. Contract No P001-2010-001918, (hereafter, "the Agreement"), and,
WHEREAS, the parties desire to revise Sections I and II of the original Agreement, as the State will now
administer the purchase and installation of equipment at the Traffic Management Center
I. RECITALS
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 has authorized the undersigned to execute this Agreement on behalf of the City
THEREFORE, in consideration of the mutual agreements expressed herein, the Parties agree to
amend the original Agreement, as follows:
Page 2 IGA/JPA 09-208I
Amendment No. One
Section I Paragraph 3. is replaced as follows:
3. The City will authorize the State to be the City's designated agent for obtaining federal
funds to provide the solicitation of bids, award a contract to a contractor, for the procurement of
materials, and installation of the City's Intelligent Transportation System/Traffic Management
System (ITS) hardware and software through the State's Procurement Process. The State will
administer the installation and provide construction engineering and cost administration of new
traffic signal management equipment and CCTV management systems equipment, hereinafter
referred to as the "Project". The City will accept the State's recommended contractor, participate
with the inspection of the ITS hardware and software and be responsible for the maintenance of
equipment and repair services as outlined in the contract and approved plans to complete the
Project. No cost is being distributed for the City's assistance however a reduced Construction
Administration fee from 15%to 10%will be implied to allow the City to purchase more equipment.
Section I Paragraph 8. is added as follows:
8. The City of Glendale's personnel will be used to assist the State for inspection of
construction engineering for the Project. The City will provide eligible inspection services as
agreed upon by ADOT and the City. All ADOT policies and procedures will be applicable as
coordinated with the Phoenix Construction District (District) and the ADOT Construction Group.
The City, District, and the Construction Group must agree on the City Inspector. The City will
provide the ADOT Construction Group (for pre-approval) all required and current certifications
and chargeable rates (labor and equipment). The City Inspector will report to the ADOT Resident
Engineer and must comply with all ADOT hardware/software computer requirements; this
includes keeping the computer and any information in a secure location. The City Inspector
assigned to the project will remain an employee of the City of Glendale and will not be considered
an employee of Arizona Department of Transportation during the term of this Agreement. The City
will be notified of all approvals by the ADOT Construction Group.
II. SCOPE OF WORK
Section ll Paragraph 1.c. and 1.f. are replaced as follows:
1. The State will:
c. Approve the Project, if such project funds are available by FHWA and the City.
Through the State's procurement process, provide the solicitation of bids and through ADOT's
Phoenix Construction District administer the installation phase including construction
engineering and cost administration, of the Project with the consent of the City. The State is
authorized as the designated agent for the City.
f. Upon execution of this Amendment and within thirty (30) days invoice the City, for the
City's contribution for the Project. The City agrees to set aside funds in an amount equal to the
difference between the total cost of the work provided for in this Agreement and the amount of
Federal aid received.
Page 3 IGA/JPA 09-208I
Amendment No. One
Section 11 Paragraph 2. b., g. and h. are replaced as follows:
2. The City will:
b. Coordinate with the State regarding the specifics of the equipment to be ordered by
the State and participate with the inspection process of the Project. The City will maintain all
improvements provided by this project for the entire design life of the equipment.
g. Enter into an agreement with the design consultant which states that the design
consultant and/or the City shall provide post design services as required and requested
throughout the installation phase of the Project.
h. Provide a set of as-built documents upon completion of the installation phase of the
Project. An electronic version of the as-built documents shall be forwarded to Arizona
Department of Transportation Statewide Project Management Section.
Section 11 Paragraph 2. c. and 2.e are deleted in full.
Section N Paragraph 2.j., k., L and m. are added as follows:
j. Be responsible for the amount equal to the difference between the total cost of the
work provided for in this Agreement and the amount of Federal aid received.
k. 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, 9.07 Monitoring Process and 9.08 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.
I. Not permit or allow any encroachments upon or private use of the right-of-way, 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.
m. 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.
III. MISCELLANEOUS PROVISIONS
1 This Amendment shall become effective upon signing and dating of the Determination Letter by
the State's Attorney General
Page 4 IGA/JPA 09-208I
Amendment No. One
2. 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.
Arizona Department of Transportation City of Glendale
Joint Project Administration Attn Trevor Ebersole
205 S 17th Avenue, Mail Drop 637E Transportation Systems Manager
Phoenix, Arizona 85007 5850 W. Glenn Drive, Suite 315
(602) 712-7124 Glendale, Arizona 85301
(602) 712-3132 Fax (623) 847-1162
(623) 847-7681 Fax
EXCEPT AS AMENDED herein, ALL OTHER terms and conditions of the original Agreement remain in
full force and effect
IN , TNES' HEREOF, e parties have executed this Agreement the day and year first above written.
CITY ' L BA E STATE OF ARIZONA
Department of Transportation
By - _;� �, A By �A ---..
JERR RS ALLAS HAMMIT, P.E.
Mayor Senior Deputy State Engineer, Development
ATTEST.
By . 4,,
PAMELA HANNA
Town Clerk
JPA 09-2081
Amendment No. One
ATTORNEY APPROVAL FORM FOR THE CITY OF GLENDALE
I have reviewed the above referenced Intergovernmental Agreement between the State of
Arizona, acting by and through its DEPARTMENT OF TRANSPORTATION, and the CITY OF
GLENDALE, an Agreement among public agencies which, has been reviewed pursuant to A.R S. § 11-
951 through § 11-954 and declare this Agreement 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 Agreement.
Q ,G� .3�
DATED this 2 f day of / l,�L!c.4 , 2012.
•ty Attorney
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SUSAN E DAVIS
ASSISTANT ATTORNEY GENERAL
THOMAS C.HORNE OFFICE OF THE ATTORNEY GENERAL DIRECT LINE 602-542-8855
ATTORNEY GENERAL TRANSPORTATION SECTION E-MAIL:SUSAN DAVISaAZAG GOV
INTERGOVERNMENTAL AGREEMENT
DETERMINATION
A.G. Contract No. P0012010001918 (IGA/JPA 09-208-I), an Agreement between
public agencies, i.e., The State of Arizona and City of Glendale, has been reviewed
pursuant to A.R.S. §§ 11-952, as amended, by the undersigned Assistant Attorney
General who has determined that it is in the proper form and is within the powers and
authority granted to the State of Arizona.
No opinion is expressed as to the authority of the remaining Parties, other than the
State or its agencies, to enter into said Agreement.
DATED: April 11, 2013
THOMAS C. HORNE
Attorney General
SUSAN E. DAVIS
Assistant Attorney General
Transportation Section
SED:rI#3258404
Attachment
1275 West Washington,Phoenix,Arizona 85007-2926• Phone 602-542-1680 • Fax 602-542-3646