HomeMy WebLinkAboutRES 18-04RESOLUTION NO. 18-04
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 O F ARIZONA FOR THE WINCHESTER ROAD
SIDEWALK IMPROVEMENT PROJECT.
WHEREAS,the City of Apache Junction ("City")and the State
of Arizona Department of Transportation ("ADOT")desire to enter
into an Intergovernmental Agreement ("IGA")for Winchester Road
from Southern Avenue to 16th Avenue and Southern Avenue from
Winchester Road to Royal Palm Road (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 15-
0005194-1,Amendment No.One:18-0006744-I")modifies the
original financial and administrative conditions for design 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 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.
PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
APACHE JUNCTION,ARIZONA,THIS 3/0.1)DAY OF
2018.
SIGNED AND ATTESTED TO THIS .3eD DAY OF aPRAL_, 2018.
JEFF prRDY
Mayor
RESOLUTION NO. 18-04
PAGE 1 OF 2
ATTEST:
KATHLEEN CONNELLY
City Clerk
APPROVED AS TO FORM:
3 -0271.5
RICHARD J. STERN
City Attorney
RESOLUTION NO. 18-04
PAGE 2 OF 2
ADOT File No.: IGA: 15-0005194-1
Amendment No. One: 18-0006744-I
AG Contract No.: P0012015001096
Project Location/Name: Winchester Rd,
16th Ave -Southern Ave
Type of Work: Sidewalk Connections
Federal -aid No.: CMAQ-APJ-0(212)T
ADOT Project No.: SZ183
01D/03D/01C
T1P/STIP No.: APR5-441D
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"),is entered into this date ,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, IGA/JPA 15-0005194-I, A.G. Contract No.
P0012015001096, was executed on May 14, 2015, (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 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 theCity; and
NOW THEREFORE, in consideration of the mutual terms expressed herein, the purpose of
this Amendment No. One is to revise the funding for the construction phase. The Parties
desire to amend the Original Agreement, as follows:
Page 2 1GA 15-0005194-1
Amendment No. One: 18-0006744-1
L RECITALS
Section I, Paragraph 7. is revised, as follows:
7.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:
5Z183 03D (scoping/design):
Federal -aid funds @ 94.3%$169,740.00
City's match @ 5.7%$10.260.00
Subtotal — Scoping/Design*$180,000.00
SZ183 01C (construction):
Federal -aid funds @ 94.3%$1,738,442.00
City's match @ 5.7%$105.081.00
Subtotal — Construction**$ 1,843,523.00
Estimated TOTAL Project Cost $ 2,023,523.00
Summary:
Total Estimated City Funds
Total Federal Funds
$115,341.00
$ 1,908,182.00
* (Includes ADOT Project Development Administration ("PDA") Costs (formerly Project
Management & Design Review ("PMDR")))
** (Includes 15% CE (this percentage is subject to change, any change will require concurrence
from the City) 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.
Consistent with the Original Agreement, the State invoiced the City and received $10,260.00
in June 2015 from the City for the City's share of the scoping/design costs of the Project.
Page 3 IGA 15-00051944
Amendment No. One: 18-0006744-1
D.SCOPE OF WORK
Section II, Paragraph 1.f. is revised, as follows:
1.The State will:
f.After completion of design and prior to bid advertisement, invoice the City for the
outstanding PDA costs, as applicable, and the City's share of the Project construction
costs, estimated at $105,081.00. After the Project costs for construction are 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. After completion of design, within 30 calendar days of receipt of an invoice from the
State and prior to bid advertisement, pay to the State, any outstanding PDA costs and
the City's share of the Project construction costs, estimated at $105,081.00; be
responsible for and pay the difference between the estimated and actual construction
costs of the Project, within 30 calendar days of receipt of an invoice.
III. MISCELLANEOUS PROVISIONS
Section III, Paragraph 18. and 19. are added, as follows:
18. The Parties shall comply with the applicable requirements of Arizona Revised Statutes §
35-393.01.
19. The City acknowledges and will comply with Title VI of the Civil Rights Act Of 1964.
EXCEPT AS AMENDED, ALL OTHER terms and conditions of the Original Agreement remain in full
force and effect.
Page 4 IGA 15-0005194-I
Amendment No. One: 18-0006744-1
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 and incorporated in this
Amendment No. One is the written determination of each Party's legal counsel 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 By
JEFF SERDY STEVE BOSCH EN, P.E.
Mayor Division Director
ATTEST:
By
KATHY CONNELLY
City Clerk
ADOT File No.: IGA 15-0005194-I
Amendment No. One: 18-0006744-1
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 .2018.
City Attorney