HomeMy WebLinkAboutRES 22-07 RESOLUTION O® 22-07
A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF
APACHE JUNCTION, ARIZO A, AUTHORIZING THE CITY TO ENTER
INTO AMENDMENT NO® ONE TO THE INTERGOVERNMENTAL AGREEMENT
WITH THE STATE OF ARIZO A FOR THE I CH ST R ROAD
WIDENING 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 sidewalk
improvement project on Winchester Road between 29th Avenue and
Southern Avenue (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/JA 21-
03238-I, Amendment No. One: 22- 00 506-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 ARID A, 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, ARZO A, THIS DAY OF ,
2022 .
SIGNED AND ATTESTED TO THIS DAY OF 2022 .
r
LT R 'CHIP" ILSON
Mayor
RESOLUTION NO. 22-07
PAGE 1 OF 2
ATTEST:
4JENAIFER ENA
City Ole
APPROVED AS TO FORM:
RICHARD J. STERN
City Attorney
RESOLUTION NO. 22-07
PAGE 2 OF 2
ADOT File No.: IGA 21-0008238-I
Amendment No.One: 22-0008506-1
AG Contract o.: P001 2021001390
Project Location/Name:Winchester Road,
29th Ave-Southern Ave
Type of Work: Roadway Widening
Federal-aid o.: STBG-API-0(219)T
ADOT Project o.:T0324 01D/03D/01C
TIP/STIP o.:APJ23-030D,APJ23-030
CFDA No.: 20.205 -Highway Planning and
Construction
Budget Source Item o.: NA
AMENDMENT NO.ONE
TO
INTERGOVERNMENTALAGREEMENT
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. .S.")§§ 11-951 through 11-954,as amended,between the STATE OF AIZOA,acting by and
through its DEPARTMENT OF TRANSPORTATION;(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 21-0008238-1,A.G.Contract No. P001
2021 001390,was executed on November 16, 2021, (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
Stater
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 the Project description and the Scope of Work section of
the Original Agreement.The Parties desire to amend the Original Agreement,as follows:
The Parties incorporate the Recitals set forth above as part of the body of this Amendment
o.One.
Pagel of 5
IGA: 21-0008238-1
Amendment No.One: 22-0008506-1
I. RECITALS
Section 1,Paragraph Us revised as follows:
3. The work proposed under this Agreement consists of the design and construction of a third
lane on Winchester Road from 2-9�16th Avenue to Southern Avenue, (the"Project").The
Project will also include but is not limited to the design and construction of sidewalks,curb
&gutter,a shared turning lane,bicycle lanes,streetlights along Winchester Road,and
drainage improvements.The estimated Project cost,shown in Exhibit A,is estimated at
$2,381,928.00,which includes federal aid and City costs.The City will administer the design
of the Project and be responsible for all design;The State will—a-I.—mi n.J.-We.-Ulwe design,and
advertise,bid and award,and administer the construction of the Project.
H. SCOPE OF WORK
Section II,Paragraphs 2.b.,c.,and e.,are revised and replaced,and d.is deleted as follows:
2. The State will:
b. After this Agreement is executed,and prior to performing or authorizing any work on
the Project,invoice the City for the City's share of the initial Project Development
Administration(PDA)costs,estimated at$30,000.00.If PDA costs exceed the estimate
during the development of design,notify the City,obtain concurrence prior to
continuing with the development of design,and invoice as determined by ADOT and the
City for additional costs to complete PDA for the Project.After the Project costs are
finalized invoice or reimburse the City forthe difference between actual costs and the
amount the City has paid for de&1gii-and PDA
c. After receipt of the PDA costs,review design plans,specifications,cost estimates and
other such documents required for the construction bidding and construction of the
Project,including scoping/design plans and documents required by FA to qualify
projects for and to receive federal funds;provide design review comments to the City as
appropriate.
d. A A r A
ver-tise-ffl- - enter- into contractrs',
..h-the-eonsul1,_Rtrs,, 17-r-the design and design of the Pr-ojeet. Should eoos exceed the design-es-timate-of "W3211-1,101-10-1-10, it is
-gr-eed t.hat-the-G;i-,,--.-V.11 be r-espans.;—.— -.-Fage-.
e. After completion of design review and prior to bid advertisement,invoice the City for
actual PDA costs,as applicable,and the City's share of the Projectconstruction costs,
estimated at$1,002,144.00.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.
Page of
IGA: 21-00023 -I
Amendment No.One: 22-0008506-1
Section II,Paragraph 3.b.and c.are revised and replaced,and n.is added as follows:
3. The City will:
. Within 30 days of receipt of an invoice from the State,pay the initial PA costs,
estimated at 30,000.00.Agree to be responsible for actual PDA costs,if during the
review of design,PDA costs exceed the initial estimate.Be responsible for the difference
between the estimated and actual PDA and design costs of the Project.
c. Prepare and provide design plans,specifications,cost estimates and other such
documents required for the construction bidding and construction of the Project,
including scoping/design plans and documents required by FA to qualify projects
for and to receive federal funds; incorporate design review comments from the State,as
appropriate.
n. Enter into an agreement with the design consultant,which states that the design
consultant will provide professional post-design services as required and requested
throughout and at completion of the construction phase of the Project.After final
acceptance of the Project,provide an electronic version of the record drawings to the
ADOT Project Manager.
Ill. MISCELLANEOUS PROVISIONS
(NO CHANGES)
EXCEPT AS AMENDED,ALL OTHER terms and conditions of the Original Agreement and
Amendment No.One remain in full force and effect.:
THIS AMENDMENT NO.ONE shall become effective upon the signing and dating of all Parties.
IN ACCORDANCE WI 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
o.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 3 of
IGA: 21-0023 -1
Amendment No.One: 22-000506-1
CITY OF A AC E JUNCTION
By Date-
WALTER
"CHIP" I
Mayor
ATTEST:
y Date
JENNIFER
City Clerk
I have reviewed the above referenced Intergovernmental 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 A.R.S.§§ 11-
951 through 11-954 and A.R.S.§4 - 72 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.
o opinion is expressed as to the authority of the State to enter into this Agreement.Approved as to
Form:
y Date
City Attorney
ARIZONA DEPARTMENT OF TRANSPORTATION
By Date
STEVE BOSCHEN,PE
Division Director
A.G.Contract No.P001 2021 001390 (AOT IGA 21-0008238 Amendment No.One: 22-
00006),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.§2 - 01 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 4 of
IGA: 21- 0023 -I
Amendment No.One: 22-0008506-1
EstimateEXHIBIT A
Cost
T32 01 / 3 / 1C
The federal funds will be used for the construction of the Project,including the construction
engineering(CE) and administration cost.The Project costs are estimated as follows:
ADOT Project Development AdminiNtrgtion (PDA) Cost.non-federal-aid:
City's contribution @ 100% $ 30,000.00
Subtotal-- 30,000.00
Construction:
Federal-aid funds @ 94.3% $ 1,349,784.00
City's match @ 5.7% 81,588.00
City's cost @ 100% 920,556.00
Subtotal-Construction* $2,351,928.00
Estimated TOTAL Project Cost $2,381,928.00
Total Estimated City Funds 1, 32,144. 0
Total Federal Funds $1,349,784.00
* (Includes 18%CE (this percentage is subject to change,any change will require concurrence
from the City) and 5%Project contingencies)
Page 5 of 5