The URL can be used to link to this page

Home My WebLink AboutRES 26-20 RESOLUTION NO. 26-20 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AUTHORIZING THE CITY TO ENTER INTO AMENDMENT NO. ONE TO THE INTERGOVERNMENTAL AGREEMENT WITH THE STATE OF ARIZONA FOR THE TOMAHAWK ROAD, US HIGHWAY 60 TO SOUTHERN AVE IMPROVEMENT PROJECT. WHEREAS, on March 9, 2023 the City of Apache Junction ("City") and the State of Arizona Department of Transportation ("ADOT") entered into an Intergovernmental Agreement ("IGA") IGA/JPA 22-0009035--I for a roadway improvement project on Tomahawk Road between US Highway 60 and Southern Avenues (the "Project") ; and WHEREAS, the City recently received through the Maricopa Association of Governments ("MAG") additional federal funds to cover the increased construction costs, that were calculated in 2021; and WHEREAS, the attached written amendment (Amendment No. One: 26-0011573-1) modifies the original financial and administrative conditions for construction of the Project, which takes into account the available MAG funds . NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION ARIZONA, AS FOLLOWS: 1) The mayor and city council hereby approve the attached IGA and the mayor is hereby authorized to sign the agreement on behalf of the City. 2) 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. RESOLUTION NO. 26-20 PAGE 1 OF 2 PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS 4h DAY OF fil 1�/ 20 . S GNED AND ATTESTED TO THIS DAY OF 20 WALTER "CHIP ' WILSON Mayor ATTEST: �S v,;.x 14 EVIE MCKINNEY City Clerk APPROVED AS TO FORM: g3C 4-3a -26 RICHARD J. STERN City Attorney RESOLUTION NO. 26-20 PAGE 2 OF 2 ATTACHMENT A ADOT CAR No.: IGA 22-0009035 -I Amendment No.One: 26-0011573-I AG Contract No.: P0012023000080 Project Location/Name:Tomahawk Road: US60 -Southern Type of Work: Roadway Widening Federal-aid No.: STBG-APJ-0(222)T ADOT Project No.: T0411 01D/03D/01C TIP/STIP No.:APJ25-220C /APJ25-220C- CL ALN: 20.205 -Highway Planning and Construction Budget Source Item No.: 103061 AMENDMENT NO.ONE TO INTERGOVERNMENTAL AGREEMENT BETWEEN THE STATE OF ARIZONA AND THE CITY OF APACHE JUNCTION THIS AMENDMENT NO.ONE to INTERGOVERNMENTAL AGREEMENT(the"Amendment No. ONE"), is entered into this date .pursuant to 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 CITY OF APACHE JUNCTION,acting by and through its MAYOR and CITY COUNCIL (the "CITY" or"Local Agency").The State and the Local Agency are each individually referred to as a "Party"and are collectively referred to as the"Parties." WHEREAS,the INTERGOVERNMENTAL AGREEMENT, IGA 22-0009035-1,A.G. Contract No. P0012023000080 was executed on March 9,2023, (the"Original Agreement"); WHEREAS,the State is empowered by A.R.S.§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 A.R.S.§48-572 to enter into this Amendment No.One and has by resolution,if required,a copy of which is attached and made a part of, 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 terms expressed herein, the purpose of this Amendment No. One is to increase construction costs, Exhibit A is revised and replaced accordingly.The Parties desire to amend the Original Agreement. Page 1 of 4 IGA: 22-000903S-I Amendment No.One: 26-0011S73-I The Parties incorporate the paragraphs set forth above as part of the body of this Amendment No.ONE. I. RECITALS Section I,Paragraph 3.,is revised,as follows: 3. The work proposed under this Agreement consists of roadway widening of Tomahawk Road from three lanes to five lanes, bicycle lanes,sidewalk,curb and gutter,and some drainage improvements, (the"Project").The Project may also include street lighting if funding is available.The Project cost,shown in Exhibit A,is estimated at$5,774,244,which includes federal aid and the Local Agency's match.The State will administer the design,and the State will advertise,bid and award,and administer the construction of the Project. U. SCOPE OF WORK Section 11, Paragraph 2.e.,is revised,as follows: 2. The State will: e. After completion of design and prior to bid advertisement, invoice the Local Agency for the actual PDA costs,as applicable,and the Local Agency's share of the Project construction costs,estimated at$837,607,After the Project costs for construction are finalized,the State will either invoice or reimburse the Local Agency 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. Section 11, Paragraph 3.d„is revised,as follows: 3. The Local Agency will: d. After completion of design,within 30 days of receipt of an invoice from the State and prior to bid advertisement,pay the State any outstanding PDA costs,the Local Agency's share of the Project construction costs, estimated at$837,607,and if applicable,the difference between the final and initial construction cost estimates. Be responsible for and pay the difference between estimated construction cost and Project bid amount prior to award.After Project completion,be responsible for and pay any outstanding Project costs,within 30 days of receipt of an invoice from the State. Page 2 of 4 IGA: 22-0009035-I Amendment No.One: 26-0011573-I 111, MISCELLANEOUS PROVISIONS (NO CHNAGES) EXCEPT AS AMENDED,ALL OTHER terms and conditions of the Original Agreement remain in full force and effect. THIS AMENDMENT NO.ONE shall become effective upon the full completion of signing and dating by all Parties to this Amendment No. One. IN ACCORDANCE WITH A.R.S.§ 11-952 (D),the written determination of each Party's legal counsel providing 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 is set forth below. IN WITNESS WHEREOF,the Parties have executed this Amendment No. One the day and year first above written. THE CITY OF APACHE JUNCTION By Date WALTER"CHIP"WILSON Mayor ATTEST: By Date EVIE MCKINNEY City Clerk 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 A.R.S.§§ 11- 951 through 11-954 and A.R.S.§48-572 and declare this Amendment No. One to he 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. Approved as to Form: By Date -----R.JOEL STERN City Attorney Page 3 of 4 IGA: 22-0009035-I Amendment No.One: 26-0011573-1 ARIZONA DEPARTMENT OF TRANSPORTATION By Date MATT MOUL,PE Project Delivery and Operations Division Director This Amendment No. One between public agencies,the State of Arizona and the City of Apache Junction has been reviewed pursuant to A.R.S.§§ 11-951 through 11-954 and A.R.S. §28-401, by the undersigned 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 Amendment No. One. By Date Assistant Attorney General Page 4of4 Ll] M M h 0 Ln C� a 1 O O O O O N ID N N CD N V) G Q C� Ln Id, -4 O Ln O N rl TO V to h Ln Qp 00' co (7% '. d O % O re) 00 M Ln h 117 h rA [� O %D z LO N N Ln rl h ON co a � Q a uS vi n cu n Ln w z ro O u Q U � }' ro ro .. G 'v ro 69 in iR io4 U 'b O O O N O O O N N ro O p tMn r- %J� N N b PC o � CNM rs ni ,u_ 'u o a O as N > o ) bs Ao� bn va bn Vn ift V�tA C c � c. F O N � O h O � �D d� U] ON � M O O M m z lff O N tC all z (n a' m (A N O ON if) �D 'C O rl lA � in ro y w O h Lr M kj cr = i--i C N M 00 M IM .- 00 h M N O 'ti p z O• to d Ln O [� [� O C m O 64 ba to ts3 t!9 of bf tsf Q � 'u C O Cl. ti u o C o o CD m m C au va ro .a to .� bA Lf7 O H O V d -- w 4, �+' u C Ln dlu d0 C o op � a c ¢ u o h b0 h y Ln .. Ln �l o ON 0 c9 O M G y cz O u 'O a b E u H F w c 0 an au 6k�, �i' to `� �' �' v O 6 F ¢ au 4-1 p °1 A in c° ( W d u ti aCi ¢ c ro ¢ Via ¢ ¢ c ca wry G0 u aD o W o o o o « * o