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Home My WebLink AboutRES 22-04 RESOLUTIO O. 22-04 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AUTHORIZING THE CITY TO ENTER TO AMENDMENT NO. ONE TO THE INTERGOVERNMENTAL AGREEMENT ITH THE STATE OF ARID A FOR THE OLD WEST HIGHWAY PEDESTRIAN IMPROVEMENT PROJECT. WHEREAS, the City of Apache Junction ("City") and the State of Arizona Department of Transportation ("ADO ") desire to enter into an Intergovernmental Agreement ("IGA") for a sidewalk improvement project on Old West Highway between Idaho and Goldfield Roads and Winchester Road between Old West Highway and the 6th Avenue Alignment (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 20® 0007697-I, Amendment No. One® 22-00 8467®I") modifies the original financial and administrative conditions for construction of the Project. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION ARIZO A, AS FOLLOWS: 1) The Mayor and City Council hereby approve the attached IG 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, ARIZO A, THIS DAY OF , 2022 . SIGNED AND ATTESTED TO THIS DAY OF ® 2022 . ALTER "'CHIP" WILSON Mayor RESOLUTION NO. 22-04 PAGE 1 OF 2 ATTEST® JN'I PER PENA City Clerk APPROVED AS TO FORM: iICHARD J. STERN City Attorney RESOLUTION NO. 22-0 PAGE 2 OF 2 (6;ekz,�) ADOT File No.: IGA 20-0007697-1 Amendment No.One: 22-0008467-1 AG Contract No.: P001 2020 000693 Project Location/Name: Old West Hwy, Idaho Rd to Goldfield Rd Type of Work: Pedestrian Improvements Federal-aid No.:AJP-0(217)T ADOT Project No.:T024201D/03D/01C TIP/STIP No.:APJ20-803D,AP122-804C CFDA No.: 20.205-Highway Planning and Construction Budget Source Item No.: NA AMENDMENT NO.ONE TO INTERGOVERNMENTAL AGREEMENT BETWEEN THE STATE OF ARIZONA AND THE CITY OF APACHE JUNCTION THIS AMENDMENT N .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 OFT SPO TATIO (the"State"or"ADOT") and the CITY OF APACHE JUNCTION,acting by and through its MAYOR and CITY COUNCIL(the"City").The State and the City are each individually referred to as a"Party"and are collectively referred to as the"Parties." WHEREAS,the INTERGOVERNMENTAL AGREEMENT,IGA 20-0007697-1,A.G.Contract No.P001 2020 000693,was executed on May 12,2020, (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,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 revise Project costs; Exhibit A is revised and replaced accordingly.The Parties desire to amend the Original Agreement,as follows: The Parties incorporate the Recitals set forth above and Exhibit A,attached hereto and made a part hereof,part of the body of this Amendment No.One. Pagel of IGA: 20-0007697-1 Amendment No.One: 22-0008467-1 I. RECITALS (NO CHANGES) II. SCOPE OF WORK Section 11,Paragraph Z.e,is revised,as follows: 1. The State will: e. After completion of design and prior to bid advertisement,invoice the City for the actual PDA costs,as applicable,and the City's share of the Project construction costs,estimated at$192,464.00.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.De- obligate or otherwise release any remaining federal funds from the scoping/design phase of the project. Section 11,Paragraph 3.e,is revised,as follows: 2. The City will: e. After completion of design within 30 days of receipt of an invoice from the State and prior to bid advertisement,pay to the State,any outstanding PDA and design costs and the City's share of the Project construction costs,estimated at$192,464.00.Be responsible for and pay the difference between the estimated and actual construction costs of the Project,within 30 days of receipt of an invoice. 111. MISCELLANEOUS PROVISIONS (NO CHANGES) 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 signing and dating of all Parties. 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. Page 2 of 4 IGA: 20-0007697-1 Amendment No.One:22-0008467-1 CITY OF APACHE JUNCTION By Date WALTER"CHIP"WILSON Mayor ATTEST: By Pate JENNIFER PENA City Clerk I have reviewed the above referenced Intergovernmental Agreement between the State of Arizona, acting by and through its DEPARTMENT OFT SPOTATIO ,and the CITY OF APACE 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 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.Approved as to Form: By Date City Attorney ARIZONA DEPARTMENT OFT NSPORTATION By Date STEVE BOSCHEN,PE Division Director A.G.Contract No.P001 2020 000693 (ADOT IGA 20-0007697),an Agreement 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.§28-401by the undersigned Assistant 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 Agreement. By Date Assistant Attorney General Page 3 of 4 IGA: 20-0007697-1 Amendment No.One: 22-0008467-1 EXHIBIT A IGA 20-0007697-1 Amendment No. One: 22-0008467-1 Cost Estimate T0242 01D/03D/01C The federal funds will be used for the scoping/design and construction of the Project,including the construction engineering(CE)and administration cost.The estimated Project costs are as follows: ADOT Project Development Administration (PDA) Cost,non-federal-aid: PDA costs* $ 30,000.00 DgAigm. Federal-aid funds @ 94.3% $ 365,413.00 City's contribution @ 5.7% $ 22,087.00 Subtotal-Design/PDA* $ 417,500.00 Construction• Federal-aid funds @ 94.3% $3,184,100.00 City's match @ 5.7% $ 192,464.00 Subtotal-Construction" $3,376,564.00 Estimated TOTAL Project Cost $3,794,064.00 Total Estimated City Funds $ 244,551.00 Total Federal Funds $3,549,513.00 (included in the Estimated City Funds; invoiced and received in accordance with Original Agreement) (Includes 15%CE (this percentage is subject to change,any change will require concurrence from the City) and 5%Project contingencies) Page 4 of 4