HomeMy WebLinkAboutRES 14-32RESOLUTION NO. 14-32
A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF
APACHE JUNCTION,ARIZONA, AUTHORIZING THE CITY TO APPROVE
AMENDMENT NO.TWO TO INTERGOVERNMENTAL AGREEMENT WITH
ARIZONA DEPARTMENT OF TRANSPORTATION FOR HIGHWAY SAFETY
IMPROVEMENT PROGRAM GRANT FUNDS.
WHEREAS,Congress established the Highway Safety
Improvement Program ("HSIP")for the specific purpose of
achieving a significant reduction in traffic fatalities and
serious injuries on public roads; and
WHEREAS, the S t a t e and the City have identified systematic
improvements within the City as being eligible under this
program; and
WHEREAS, the purpose of this joint effort is to allow the
State to acquire fe d e r a l funds for the design of an intersection
safety improvement pr o j e c t at the intersection of Idaho Road and
Old West Highway (the "Project"); and
WHEREAS,the State shall be the designated agent for the
City; and
WHEREAS,the estimated total construction cost of the
Project is $378,838.00,including construction engineering and
administration cost, which represents 100% funding; and
WHEREAS,Federal -aid funds will contribute $343,970.00 for
construction of the Project; and
WHEREAS,the required City leftover matching funds for
construction of the Project is $34,868.00; and
WHEREAS,the atta ched written amendment ("IGA/JPA 11-0891,
Amendment No. Two:14-0004340-I")sets forth the financial and
administrative conditions for design of the Project.
RESOLUTION NO. 14-32
PAGE 1 OF 2
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
amendment no.two to intergovernmental agreement between
the City of Apache Junction and the Arizona Department of
Transportation ("IGA/JPA 11-0891,Amendment No.Two: 14-
0004340-1") and the Mayor is hereby authorized to sign the
agreement on behalf of the City.
2)Under the terms of IGA/JPA 11-0891 amendment, the City will
pay for the design and construction costs associated with
the Project.
3)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.
PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
APACHE JUNCTION, ARIZONA,THIS f7-0--DAY OF
2014.
1-1/14SIGNED AND ATTESTED TO THIS / /DAY OF J.41,W , 2014.
ATTEST:
KATHLEEN CONNELLY
City Clerk
APPROVED AS TO FORM:
= I - 6 10 -P1-
RICHARD J. STERN
City Attorney
RESOLUTION NO. 14-32
PAGE 2 OF 2
ADOT File No.: IGA/ JPA 11-089-I
ADOT CAR No.: 13-0000968-I
Amendment No. Two: 14-0004340-I
AG Contract No.: P0012011002114
Project: Construction & Installation
Section: Idaho Rd at Old West Highway
Federal -aid No.: APJ-0(204)A
ADOT Project No.: SH496 03D 01C
TIP/STIP No.: CAAG/MAG
CFDA No.: 20.205 - Highway Planning
and Construction
Budget Source Item No.: N/A
AMENDMENT NO. TWO
TO
INTERGOVERNMENTAL AGREEMENT
BETWEEN
THE STATE OF ARIZONA
AND
THE CITY OF APACHE JUNCTION
THIS AMENDMENT NO.TWO to INTERGOVERNMENTAL AGREEMENT (the "Amendment No.
Two"),entered into this date , 2014, pursuant to 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 City and State are collectively referred to
as the "Parties."
WHEREAS,the INTERGOVERNMENTAL AGREEMENT, JPA/IGA 11-089-1, A.G. Contract No.
P0012011002114, was executed on August 9, 2011, (the "Original Agreement") and Amendment One
executed on December 6,2011, (the "Amendment No. One"),
WHEREAS,the State is empowered by Arizona Revised Statutes § 28-401 to enter into this Amendment
No. Two and has delegated to the undersigned the authority to execute this Amendment No. Two on
behalf of the State;
WHEREAS,the City is empowered by Arizona Revised Statutes § 48-572 to enter into this Amendment
No. Two and has by resolution,a copy of which is attached hereto and made a part hereof, resolved to
enter into this Amendment No. Two and has authorized the undersigned to execute this Amendment No.
Two on behalf of the City; and
NOW THEREFORE, in consideration of the mutual agreements expressed herein, the purpose of
this Amendment No. Two is to increase the construction funds.The Parties desire to amend the
Original Agreement and Amendment No. One, as follows:
I.RECITALS
Page 2 ADOT File No.: IGA/ JPA 11-089-1
CAR No.: 13-0000968-1
Amendment No. Two: 14-0004340-I
Section I.Paragraph 6 is added and the funding is revised, as follows:
6.The federal funds will be used for the scoping/design and construction of the Project, including
the construction engineering and administration cost (CE).The estimated Project costs are as follows:
SH496 03D (scoping/design and ADOT Project Management Design Review Cost):
Federal -aid funds @ 94.3% (capped)
City's match @ 5.7% (received)
SH496 01C (construction):
Federal -aid funds @ 94.3% (capped)
City's match @ 5.7%
City's contribution @ 100%
Estimated TOTAL Project Cost**
Summary:
Total Estimated City Funds*
Total Federal Funds
* (Includes scoping/design match received by ADOT from the City)
** (Includes 15% CE and 5% Project contingencies)
$ 118,445.00
$ 7,159.00
$ 125,604.00
$ 343,970.00
$ 20,791 00
$ 14,077.00
$ 378,838.00
$ 504,442.00
$ 42,027.00
$ 462,415.00
The Parties acknowledge that the final Project costs may exceed the initial estimate(s) shown above, and
in such case, the City is responsible for, and agrees to pay, any and all eventual, actual costs exceeding
the initial estimate. If the final bid 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 City
acknowledges it remains responsible for, and agrees to pay according to the terms of this Agreement,
any and all eventual, actual costs exceeding the final bid amount.
II.SCOPE OF WORK
Section II, Paragraph f. is replaced and Paragraphs i. and j. are added, as follows:
1.The State will:
i.Upon completion of design and prior to authorization, invoice the City, for the City's share of
Project construction costs currently estimated at $34,868.00.Once the Project costs have been finalized,
the State will either invoice or reimburse the City 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.
j.Upon receipt of the City's estimated share of the Project construction costs, submit all
documentation required to FHWA with the recommendation that funding be approved for construction.
Request the maximum programmed federal funds for the construction of this Project.Should costs
Page 3 ADOT File No.: IGA/ JPA 11-089-1
CAR No.: 13-0000968-I
Amendment No. Two: 14-0004340-1
exceed the maximum federal funds available, it is understood and agreed that the City will be responsible
for any overage.
k.Upon FHWA authorization and with the aid and consent of the City, proceed to administer
construction, advertise for, receive and open bids subject to the concurrence of the City, to whom the
award is made and enter into a contract(s) with a firm(s) for the construction of the Project.
Section II, Paragraph d. is revised, as follows:
2.The City will:
d. Upon completion of design, within thirty (30) days of receipt of an invoice from the State and
prior to bid advertisement,pay the State, the City's Project construction costs, currently estimated at
$34,868.00.Once the Project costs have been finalized, the State will either invoice or reimburse the City
for the difference between estimated and actual costs.
III.MISCELLANEOUS PROVISIONS
Section III, Paragraphs 17. and 18. are added as follows:
17. 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.
18. The City acknowledges compliance with federal laws and regulations and may be subject to the
Office of Management and Budget (OMB), Single Audit, Circular A-133 (Audits of States, Local
Governments,and Non -Profit Organizations).Entities that expend $500,000.00 or more (prior to
12/26/14) and $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. 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 (9) months of the sub recipient fiscal year end.
Attn:Cost Accounting Administrator
206 S 17 th Ave. Mail Drop 204B
Phoenix, AZ 85007
SincileAudit0azdot.gov
EXCEPT AS AMENDED herein,ALL OTHER terms and conditions of the Original Agreement and
Amendment No. One remain in full force and effect.
THIS AMENDMENT NO. TWO shall become effective upon signing and dating of the Determination
Letter by the State's Attorney General.
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 Amendment No. Two and that the Amendment No. Two is in proper
form.
Page 4 ADOT File No.: IGA/ JPA 11-089-1
CAR No.: 13-0000968-1
Amendment No. Two: 14-0004340-1
IN WITNESS WHEREOF,the Parties have executed this Amendment No. Two the day and year first
above written.
CITY OF APACHE JUNCTION STATE OF ARIZONA
Department of Transportation
By By
JOHN S. INSALACO DALLAS HAMMIT, P.E.
Mayor Senior Deputy State Engineer, Development
ATTEST:
By
KATHY CONNELLY
Clerk
ADOT File No.: IGA/ JPA 11-089-1
CAR No.: 13-0000968-1
Amendment No. Two:14-0004340-1
ATTORNEY APPROVAL FORM FOR THE CITY OF APACHE JUNCTION
I have reviewed the above referenced Amendment No. Two to the Original Agreement and
Amendment No. One 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 Arizona Revised Statutes §§ 11-951 through 11-954 and declare
this Amendment No. Two 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 Amendment No. Two.
DATED this day of , 2014
City Attorney