HomeMy WebLinkAboutRES 10-29RESOLUTION NO. 10-29
A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF
APACHE JUNCTION,ARIZONA, AUTHORIZING THE CITY TO ENTER
INTO INTERGOVERNMENTAL AGREEMENT 09-127-1, AMENDMENT ONE,
WITH THE ARIZONA DEPARTMENT OF TRANSPORTATION TO ALLOW
TRANSFER OF UNUSED CITY MATCHING FUNDS FROM PHASE I TO
PHASE II OF THE IRONWOOD DRIVE RECONSTRUCTION PROJECT
(FROM 16TH AVENUE TO BROADWAY AVENUE);AND AUTHORIZING
AND DIRECTING STAFF TO TAKE ALL STEPS NECESSARY TO CARRY
OUT THE PURPOSE AND INTENT OF THE RESOLUTION.
WHEREAS,the City of Apache Junction is currently
constructing a road improvement project (the "Project")on
Ironwood Drive from U.S.60 to 16th Avenue ("Phase I" of the
Project); and
WHEREAS,the Project is funded through the American
Recovery and Reinvestment Act ("ARRA")in the total amount of
$1,948,343.00; and
WHEREAS,the Maricopa Association of Governments
contributed $1,348,343.00 and the Central Arizona Association of
Governments contributed $600,000.00 for Phase I of the Project;
and
WHEREAS,the required City matching funds for the Project
was $265,000.00; and
WHEREAS,like other construction projects in Arizona,the
bid for the Project was substantially lower than the anticipated
cost resulting in unobligated funds of between $665,574.00 and
$689,275.00; and
WHEREAS,as a consequence,the leftover City matching are
available for utilization on other "shovel ready" contracts; and
WHEREAS, the City has a need to complete another segment of
the Project from 16th Avenue to Broadway Avenue ("Phase II" of
the Project); and
WHEREAS,the City has requested the Arizona Department of
Transportation to allow these funds to cover some of the design
and construction costs of Phase II of the Project; and
RESOLUTION NO. 10-29
PAGE 1 OF 3
WHEREAS,the parties have crafted a written agreement
("IGA/JPA 09-127-1")which sets forth the conditions for the
transfer of the City's already -contributed,but unused funds
from Phase I to Phase II of the Project.
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 approve the attached
intergovernmental agreement between the City of Apache
Junction and the Arizona Department of Transportation
("IGA/JPA 09-127-I")and the Mayor is hereby authorized to
sign the agreement on behalf of the City.
2)The City Manager or his designee is authorized and directed
to take all steps necessary to carry out the purpose and
intent of this Resolution.
3)The City of Apache Junction shall comply with all Act
guidelines, federal statutes and regulations applicable to
the American Recovery and Reinvestment Act of 2009 (Public
Law 101-336, 42 U.S.C. §§ 12101-12213).
PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
APACHE JUNCTION, ARIZONA,THIS 3RD DAY OF AUGUST
2010.
SIGNED AND ATTESTED TO THIS 3RD DAY OF AUGUST , 2010.
JON S. INSALACO
Mayor
ATTEST:
KATHLEEN CONNELLY
City Clerk
RESOLUTION NO. 10-29
PAGE 2 OF 3
APPROVED AS TO FORM:
27,10
RICHARD J. STERN
City Attorney
RESOLUTION NO. 10-29
PAGE 3 OF 3
ATTACHMENT A
ADOT File No.: IGA/JPA 09-127-1
Amendment One — Phase 11
AG Contract No.: P001 2009 002678-1
ARRA Project No.: APJ 0(200)A
Project: Resurfacing & Reconstruction
Section: Ironwood Drive, 16th Avenue to
Broadway Avenue
TRACS No.: SS746 01C
Budget Source Item No.:
AMENDMENT ONE
INTERGOVERNMENTAL AGREEMENT
BETWEEN
THE STATE OF ARIZONA
AND
CITY OF APACHE JUNCTION
THE AMENDMENT ONE ("Agreement")is entered into this date , 2010,
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 APACHE JUNCTION, acting by and through its MAYOR and CITY COUNCIL (the "City"). The State
and the City collectively are referred to as "Parties".
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.
THE PURPOSE OF THIS AMENDMENT:The bid for Phase 1 of the Project was less than estimated,
and no City contribution is required for the Project at this time, although the City remains responsible for
all costs exceeding the amount of available ARRA funding or costs not eligible for federal funding.
The City has already deposited with the State the City's contribution of $265,000.000 originally estimated
for this Project. At the request of the City, these funds are being transferred to Phase 11 of the Ironwood
Drive project under a separate Agreement JPA (10-107), TRACs # SS927 01D attached as referenced.
The Parties hereto agree to amend and add the following language as follows:
a.Amend language under Recitals Article 1.7.
b.Amend language under the Scope of Work Article II. 1.e. and 2.c.
c.Amend language under the Miscellaneous Provisions Section paragraph 5 of the Agreement.
I.Amendment to RECITAL:
7.The remaining ARRA/Recovery Act Funds will be used for the design and construction of the
Project (Phase II Ironwood Drive) including the construction engineering and administration cost (CE).
The Parties acknowledge that the eventual actual cost may exceed the estimate, and such case the City
is responsible for any and all costs exceeding the estimate or cost not eligible for federal funding.
THEREFORE,in consideration of the mutual Agreements expressed herein, it is agreed as follows:
II.Amendments to SCOPE OF WORK:
1.The State will:
Amend paragraph 1.e. to read as follows:
e.Upon execution of this Amendment, transfer the local funds of $265,000.00 from
TRACs # SS746 01C to TRACs # SS927 OlD for the City's pro rata match for Phase II of the Project for
design costs.
g. Upon completion of the Project, invoice the City for any costs not covered by the
available ARRA federal funding.
2.The City will:
Amend paragraph 2.c. to read as follows:
c.Agree to transfer local funds from TRACs # SS746 01C to TRACs # SS927 01D
for the City's pro rata match for Phase II of the Project for design costs.
m. Pay all invoices from the State within thirty (30) calendar days of receipt.
MISCELLANEOUS PROVISIONS:
Miscellaneous Provisions paragraph 5 is amended re read as follows:
5.This Amendment shall become effective upon signing and dating of the Determination Letter by
the State's Attorney General.
IV. No Other Amendments:
All other terms and conditions of the Agreement not amended herein shall remain in force and effect.
In accordance with Arizona Revised Statutes § 11-952 (D) attached hereto and incorporated herein is the
written determination of each Party's legal counsel and that the Parties are authorized under the laws of
this State to enter into this Agreement and that the Agreement is in proper form.
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
Joint Project Administration205 S. 171hAvenue, Mail Drop 637E
Phoenix, Arizona 85007
(602) 712-7124 Fax (602 712-3132
City of Apache Junction
Attn: Public Works Department
575 East Baseline Avenue
Apache Junction, Arizona 85119
Phone (480) 982-1055
Fax (480) 982-8005
IN WITNESS WHEREOF,the Parties have executed this Agreement the day and year first above written.
CITY OF APACHE JUNCTION STATE OF ARIZONA
Department of Transportation
By By
JOHN S. INSALACO SAM MAROUFKHANI, P.E.
Mayor Deputy State Engineer, Development
ATTEST:
By
KATHY CONNELLY
City Clerk
IGA/JPA 09-127-1
ATTORNEY APPROVAL FORM FOR THE CITY OF APACHE JUNCTION
I have reviewed the above referenced Intergovernmental Agreement between the State of
Arizona, acting by and through its DEPARTMENT OF TRANSPORTATION, and the City, 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.
DATED this day of ,2010.
City Attorney
ATTORNEY APPROVAL FORM FOR THE ARIZONA DEPARTMENT OF TRANSPORTATION
I have reviewed the above referenced Intergovernmental Agreement between the State of
Arizona, acting by and through its DEPARTMENT OF TRANSPORTATION, and the City, 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 under the laws
of the State of Arizona.
No opinion is expressed as to the authority of the State to enter into this Agreement.
DATED this day of ,2010.
Arizona Attorney General