HomeMy WebLinkAboutRES 22-06 RESOLUTION NO. 22-06
A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF
APACHE JUNCTION, AIZONA, AUTHORIZING THE CITY TO ENTER
INTO AMENDMENT NO. ONE TO THE INTERGOVERNMENTAL AGREEMENT
ITH THE STATE OF ARID A FOR THE DAHO ROAD BICYCLE AND
PEDESTRIAN 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 (" GA") for a bicycle and
pedestrian improvement project on Idaho Road between
Superstition and McKellips Boulevards (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 19-
00757-I, Amendment No. One: 22-000451- ") 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 ARIZONA, 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, ARID A, THIS DAY OF ,
2022 .
SIGNED AND ATTESTED TO THIS DAY O , 2022 .
ALTER CHIP" WILSON
Mayor
RESOLUTIO NO. 22- 6
PAGE 1 OF 2
ATTEST:
4k,JNN—I-"FE PENA
City C erk
APPROVED AS TO FORM:
. 22
RICHARD J. STE iR
City Attorney
RESOLUTION O. 2-06
PAGE 2 OF 2
ADOT File No.: IGA 19-0007587-1
Amendment No.One: 22-0008451-1
AG Contract No.: P001 2019 003663
Project Location/Name: Idaho Road,
Bicycle/Pedestrian Improvements
Type of Work: Pedestrian Improvements
Federal-aid No.:AJP-0(216)T
ADOT Project No.:T023701D/03D/01C
TIP/STIP No.:APJ 19-801D,AP) 21-802C
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 NO.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 NSPORTATION (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 19-0007587-1,A.G.Contract No.P001
2019 003663,was executed on March 26,2020, (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.§48-5 72 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,the body of this Amendment No.One.
Page 1 of 4
IGA: 19-0007587-1
Amendment No. One:22-0008451-1
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 scoping/design and prior to bid advertisement,invoice the City for
the actual PA costs,as applicable,and the City's share of the Project construction costs,
estimated at$68,072.00.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 scoping/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
scoping/design costs and the City's share of the Project construction costs,estimated at
$68,072.00. 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.
Ill. 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 IS WHEREOF,the Parties have executed this Amendment No.One the day and year first
above written.
Page 2 of 4
IGA: 19-0007587-1
Amendment No. One: 22-0008451-1
CITY OF APACHE JUNCTION
By Date
WALTE"CHIP"WILSON
Mayor
ATTEST:
By Date
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 APACHE
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 SOTTI
By Date
STEVE BOSCHEN,PE
Division Director
A.G.Contract No. P001 2019 003663 (ADOT IGA 19-0007587-1 Amendment No.One: 22-
0008451-1),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.§
28-401 by 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
EXHIBIT A
IGA 19-0007587-1
Amendment No. One: 22-0008451-1
Cost Estimate
T0237 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 DgvelMment Administratign (PDA) Cost,non-federal-aid;
PDA costs* $ 40,000.00
Scopingy/Design:
City's contribution @ 100% $ 280,402.00
Subtotal-Scoping/Design/PDA* $ 320,402.00
Construction:
Federal-aid funds @ 94.3% $ 1,126,169.00
City's match @ 5.7% $ 68,072.00
Subtotal-Construction" $1,194,241.00
Estimated TOTAL Project Cost $1,514,643.00
Total Estimated City Funds $ 388,474.00
Total Federal Funds $1,126,169.00
(Included in the City Estimated 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