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HomeMy Public PortalAboutILA-GC-TRAN-2011INTERLOCAL AGREEMENT By and Between The City of Moab (the "City") and Grand County (the "County") PERTAINING TO THE JOINT FUNDING OF BIKE PATH IMPROVEMENTS ALONG US- 191 FROM 500 WEST TO THE TRANSIT HUB RECITALS WHEREAS, the Interlocal Cooperation Act (Sections 11-13-1 et Seq. Utah Code Annotated) allows local governmental agencies to enter into agreements that benefit the constituencies of the agencies entering into said agreements; and WHEREAS, the proposed bike path from 500 West to the Transit Hub (North Corridor Trail) and the proposed Courthouse Connector segment under the Courthouse Wash structure (Courthouse Connector Trail) provide vital non -motorized vehicle connections to the trail system and destinations in Grand County and the northern portion of the City of Moab; and WHEREAS, the County has obtained enhancement funding from the Utah Department of Transportation (UDOT) in the amount of $600,000 ($2000 of which was expended previously for design work for a remainder of $598,000) for the construction of the North Corridor Trail for which UDOT requires a twenty percent (20%) Local Agency Match; and WHEREAS, the County has obtained an additional $200,000 of enhancement funding from UDOT for use on the North Corridor Trail and the Courthouse Connector Trail; and WHEREAS, UDOT desires to combine the work on the aforementioned trail projects with the US-191; MP 126 to 129.8, 400 North in Moab City to Potash Road (SR-279) Project, PIN 8391, (US-191 Road Project) in order to allow a cost savings benefit to the trail projects through reduced design, construction, and management costs; and WHEREAS, the County and UDOT have previously entered into Federal Aid agreements that define the terms for the funding, construction and maintenance of the North Corridor Trail and the Courthouse Connector Trail projects and commit the County to fund those projects; and WHEREAS, the County and UDOT and will enter into a Betterment Agreement that combines the work for the aforementioned trail projects with the US-191 Road Project; and WHEREAS, the City has agreed to share fifty percent (50%) of the costs for the matching funds for the North Corridor Trail and has previously provided $50,000 directly to the County for this purpose and the County deposited $9,383 of this money to the State of Utah Comptroller for use on the North Corridor Trail; and WHEREAS, the County deposited $9,383 of its own funds to the State of Utah Comptroller for use on the North Corridor Trail, for a total City and County contribution of $18,766, and the current amount on deposit with the Comptroller is $18,574 due to some of this funding being expended previously as a match for the preliminary design work; and WHEREAS, the County, due to postponement of the North Corridor Trail and funding constraints when building the Moab Canyon Trail Project, utilized the remaining $40,617 of the City provided money for construction of the Moab Canyon Trail Project with the express understanding that the County would provide $40,617 toward City's portion of the Local Agency Match for the North Corridor Trail when it was constructed; and WHEREAS, the County has previously agreed with UDOT to wholly fund the Local Agency Match for the Courthouse Connector Trail; and WHEREAS, the UDOT Construction Cost Estimate for the combined North Corridor Trail and Courthouse Connector Trail is $798,000 of which twenty percent (20%), a total of $159,600 is required as a Local Agency Match; and WHEREAS, the City and County intend to share the cost of the proposed public improvements to the transportation system in the manner set forth in this agreement. AGREEMENT 1. Definition of Terms. For the purposes of this Agreement, the following terms shall be interpreted as having the meanings defined in this paragraph: a. "US-191 Road Project" shall mean the US-191; MP 126 to 129.8, 400 North in Moab City to Potash Road (SR-279) Project, PIN 8391 with all applicable improvements as defined in the UDOT construction documents. b. "Betterment Agreement" shall mean the betterment agreement for the US- 191 Road Project between UDOT and Grand County. c. "North Corridor Trail" shall mean all of the non -motorized trail improvements from 500 W to the Transit Hub as defined as Trail "S" in the US-191 Road Project Plans including paved pathway sections, drainage, curb and gutter, signage, and incidental items associated with these improvements. d. "Courthouse Connector Trail" shall mean all of the non -motorized trail improvements to provide a connector under the Courthouse Wash structure as defined as Trail "CC" in the US-191 Road Project Plans including paved pathway sections, drainage, curb and gutter, signage, and incidental items associated with these improvements. e. "Trail Improvements" shall mean the combined improvements to both the North Corridor Trail and the Courthouse Connector Trail. f. "Local Agency Match" shall mean the matching funds in the amount of twenty percent (20%) of the total enhancement funds that are to be paid by the Local Agency to match the enhancement funding provided by UDOT. "Actual Cost of Construction" shall mean the actual costs to construct the North Corridor Trail and the Courthouse Connector Trail, evidenced by paid invoices, for all labor, equipment, and materials necessary for the completion of the work. This also includes the fees for Preliminary Design Engineering and Construction Engineering as defined in the Betterment Agreement between UDOT and the County. h. "UDOT Construction Cost Estimate shall mean the estimated construction cost for project elements shown in Attachment A. g. 2. Provision of Services a. The City agrees to assist the County in facilitating the award of the UDOT construction contract, participate in value engineering with UDOT and the County if bid prices for the North Corridor Trail come in higher than $600,000 (factoring in Preliminary Design Engineering and Construction Engineering) and be available for consultation with UDOT for questions and issues relating to the construction of the North Corridor Trail. b. The County agrees to work with the City and UDOT to facilitate the award, value engineering, and construction of the North Corridor Trail. The County agrees to work directly with UDOT to facilitate the award, value engineering, and construction of the Courthouse Connector Trail. c. Each party hereto agrees to confer and coordinate with the other party as needed in providing the services outlined herein. 3. Financial Responsibilities a. The City agrees to contribute fifty percent (50%) towards the Local Agency match for the Actual Cost of Construction of the North Corridor Trail. The City has previously provided $50,000 of this amount directly to Grand County towards the Local Agency Match. Based on the UDOT Construction Cost Estimate, the City may be required to provide an additional $15,500. b. The County agrees to fund the remainder of the Local Agency match for the Actual Cost of Construction of the North Corridor Trail. The County has previously provided $9,383 to the Comptroller for this project. The County agrees to fund the entire Local Agency Match for the actual construction cost for the Courthouse Connector Trail. Based on the UDOT Construction Cost Estimate, the anticipated County portion of the remainder of the Local Agency Match for both trails is $125,526. This funding may come from various sources including the Grand County Recreation Special Services District, a Connecting Trails to Parks (CTTP) Grant, a Department of Energy (DOE) matching grant, refunds from the Pedestrian Bridge and Moab Canyon Trail projects, and other potential grant sources. If the County is able to obtain more grant funding than is necessary to fund the County match on the project, Grand County agrees utilize this funding to augment the City match as described in paragraph (3.a) herein. c. In the event that the bid price would cause the Local Agency Match for the Trail Improvements to exceed the sum of the amounts set forth in paragraphs (3.a) and (3.b), the City and County reserve the right to elect by mutual written agreement not to proceed with the project, to work with UDOT to provide value engineering alternatives, and/or to award a bid for a reduced quantity of work. If the City and County choose not to move forward with the project due to budget constraints, the City and County agree to share the responsibility for the costs of cancelling the project. d. In the event that the work is completed and the Local Agency Match for the Actual Cost of Construction of the Trail Improvements exceeds the amount of funding set forth in Paragraphs (3.a) and (3.b), the City and County agree to accept responsibility for the overage with a fifty percent (50%) split to each party for the North Corridor Trail, and the County accepting full responsibility for overage on the Courthouse Connector Trail. e. Payments due by the City under this agreement shall be made payable to County within 30 days of receipt of an invoice and substantiating receipts. The County will in turn pay the full amount to UDOT. County payments will be made directly to UDOT per the terms of the Betterment Agreement. 4. Administration of Agreement The parties agree that the City Manager and the County Council Administrator will administer this agreement. 5. Ownership and Maintenance of the Pathway Improvements The parties hereby acknowledge that the Trail Improvements are being made to for the mutual benefit of the City, County, residents and visitors. The Trail Improvements will be an integral part of the non -motorized trail system. Upon completion of construction and full payment of the County portion of the Local Agency Match, the City will take over administration and maintenance of the improvements associated with the North Corridor Trail. The County will take over administration and maintenance of the Courthouse Connector Trail according to the terms of the Betterment Agreement. Maintenance, repair and accessibility of these facilities will be performed in accordance with the requirements of the Betterment Agreement. 6. Effective Date and Duration of Agreement This agreement shall become effective immediately upon its approval by each party's governing body and by the execution of the agreement by the appropriate officials. This agreement shall remain in effect until the satisfaction of the obligations provided for herein. SIGNED AND DATED: ATTEST: CC.( Rachel Ellison, City Recorder ATTEST: Pla. Ca44. f Diana Carroll, County Clerk CITY OFrMOAB, UTAH By: David L. Sakrison, Mayor Date: S- t o -- 1 1 GRAND COUNTY COUNCIL By: Chris Baird, Council Chair Date: 5 '23 -1 AMENDMENT #1 TO INTERLOCAL AGREEMENT By and Between The City of Moab (the "City") and Grand County (the "County") PERTAINING TO THE JOINT FUNDING OF BIKE PATH IMPROVEMENTS ALONG US-191 FROM 500 WEST TO THE TRANSIT HUB RECITALS WHEREAS, the City of Moab (City) and Grand County (County) have previously entered into an agreement to jointly fund the local agency match for the bike path improvements along US-191 from 500 West to the Transit Hub; and WHEREAS, the City has determined that it will be beneficial from a life cycle cost perspective to utilize concrete as the path's surface rather than asphalt; and WHEREAS, the City has been working with UDOT and the UDOT Contractor to obtain an agreeable cost for the substitution of concrete for asphalt; and WHEREAS, the City understands that since the City is solely responsible for the maintenance of this section of bike path once it is constructed, and this change is expected to lower the City's long-term maintenance cost for the trail, which is a direct benefit for the City but not for the County. AGREEMENT 1. Definition of Terms. — Remains unchanged from the original agreement 2. Amended Financial Responsibilities a. The City will contribute fifty percent (50%) of the cost of the asphalt path including the untreated base course in accordance with the provisions of the original agreement. The City also agrees to contribute one hundred percent (100%) towards the Local Agency match for the cost of construction of the concrete path over and above the cost of the asphalt path plus the proportionate cost of the mix design as required by the UDOT contractor. b. The County agrees to continue to contribute fifty percent (50%) of the cost of the asphalt path including the untreated base course in accordance with the provisions of the original agreement. c. All other financial responsibilities remain as stated in the original agreement. 3. Administration of Agreement The parties agree that the City Manager and the County Council Administrator/ County Council Designee will administer this agreement. 4. Ownership and Maintenance of the Pathway Improvements No change. 5. Effective Date and Duration of Agreement This agreement shall become effective immediately upon its approval by each parry's governing body and by the execution of the agreement by the appropriate officials. This agreement shall amend the original Interlocal Agreement as specified above and remain in effect until the satisfaction of the obligations provided for herein. SIGNED AND DATED: ATTEST: •S Rachel E. Stenta, City Recorder CITY OF,MOAB, UTAH By: David L. Sakrison, Mayor Date: (,.Q - "oZ (p — L o'1 ATTEST: GRAND COUNTY COUNCIL Diana Carroll, County Clerk Date: By: O e� ne Ciarus, Council Chair