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Home My WebLink AboutRES 15-16RESOLUTION NO. 15-16 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 IRONWOOD DRIVE ROADWAY IMPROVEMENT PROJECT. WHEREAS, the City of Apache Junction ("City") and the State of Arizona Department of Transportation ("ADOT") entered into an Intergovernmental Agreement .("IGA")on July 13,2011 to fund roadway improvements for Ironwood Drive from Broadway Avenue to Apache Trail (the "Project"); and WHEREAS,the City acquired additional federal -aid funds to help with the increase construction costs; and WHEREAS,the attached written amendment ("IGA/JPA 11-110I, Amendment No.One:15-0005175-I")modifies the original financial and administrative conditions for design of the Project. NOW,THEREFORE,B E 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. One to the above -noted 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. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL cy..THE CITY OF APACHE JUNCTION, ARIZONA,THIS DAY OF 2015. h74/ /SIGNED AND ATTESTED TO THIS DAY OF (1114 , 2015. HN S. INSALACO ayor RESOLUTION NO. 15-16 PAGE 1 OF 2 ATTEST: KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM: RICHARD J. STERN City Attorney RESOLUTION NO. 15-16 PAGE 2 OF 2 ADOT File No.: IGA/ JPA 11-110-1 ADOT CAR No.: 13 -0000950- Amendment No. One: 15 -0005175- AG Contract No.: P0012011001962 Project: Ironwood Drive Section: Broadway Avenue to Apache Trail Federal -aid No.: STP-APJ-0(205)A 0000MA APJ ADOT Project No.: SS984 03D 01C TIP/STIP No.: CAAG 2012-2016 CFDA No.: 20.205 - Highway Planning and Construction Budget Source Item No.: N/A 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"),entered into this date , 2015, 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 11-110-1,A.G.Contract No. P0012011001962, was executed on July 13, 2011, (the "Original Agreement'); WHEREAS,the State is empowered by Arizona Revised Statutes § 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 Arizona Revised Statutes § 48-572 to enter into this Amendment No. One and has by resolution, a copy of which is attached hereto and made a part hereof, 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 agreements expressed herein, the purpose of this Amendment No. One is to increase the construction costs.The Parties desire to amend the Original Agreement, as follows: Page 2 ADOT File No.: IGA/ JPA 11-110-1 CAR No.: 13-0000950-1 Amendment No. One:15-0005175-1 I.RECITALS Section I., the construction cost breakdown is revised as follows: SS984 01C (construction): Federal -aid funds $ 1,670,000.00 City's match $262,259.00 Subtotal — Construction**$ 1,932,259.00 **(Includes 15% CE and 5% Project contingencies) 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 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 actual costs exceeding the final bid amount. II.SCOPE OF WORK Section II, Paragraph If. is revised, as follows: 1.The State will: f.Upon completion of design and prior to bid advertisement, invoice the City for the City's share of the Project construction costs, estimated at $262,259.00.Once the Project costs have been finalized, the State will either invoice or reimburse the City for the difference between estimated and actual costs; and de -obligate or otherwise release any remaining federal funds from the scoping/design phase of the Project. Section II, Paragraph 2.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 to the State,the City's Project construction costs, currently estimated at $262,259.00.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, Paragraph 15. was removed and Paragraphs 18. and 19. were added, as follows: 15. Pursuant to Arizona Revised Statutes § 35-391.06 and § 35-393.06, each Party certifies that it does not have a scrutinized business operation in Sudan or Iran.For the purpose of this Section the term "scrutinized business operations" shall have the meanings set forth in Arizona Revised Statutes § 35-391 and/or § 35-393, as applicable.If any Party determines that another Party submitted a false certification, that Party may impose remedies as provided by law including terminating this Agreement. Page 3 ADOT File No.: IGA/ JPA 11-110-1 CAR No.: 13-0000950-1 Amendment No. One:15-0005175-1 18. 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. 19. 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. ADOT — FMS Attn: Cost Accounting Administrator 206 S 17 th Ave. Mail Drop 2046 Phoenix, AZ 85007 SinaleAuditaazdot.dov EXCEPT AS AMENDED herein,ALL OTHER terms and conditions of the Original Agreement remain in full force and effect. THIS AMENDMENT NO. ONE 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. One and that the Amendment No. One is in proper form. IN WITNESS WHEREOF,the Parties have executed this Amendment No. One the day and year first above written. CITY OF APACHE JUNCTION STATE OF ARIZONA Department of Transportation By _41 By HN INSALACO STEVE BOSCHEN, P.E. ayor ITD Division Director ATTEST: By KATHY CONNELLY Clerk ADOT File No.: IGA/ JPA 11-110-1 CAR No.:13-0000950-1 Amendment No. One:15-0005175-1 ATTORNEY APPROVAL FORM FOR THE CITY OF APACHE JUNCTION 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 Arizona Revised Statutes §§ 11-951 through 11-954 and declare this Amendment No. One 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. One. DATED this day of PS9 L-,2015. City Attorney >e..-YoeL 5 --regki APASAL. All1/4(a...kati