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Home My WebLink AboutRES 24-06 RESOLUTION NO. 24-06 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AUTHORIZING THE CITY TO ENTER INTO AMENDMENT NO. TWO TO THE INTERGOVERNMENTAL AGREEMENT WITH THE STATE OF ARIZONA FOR THE WINCHESTER ROAD, 29TH AVENUE TO SOUTHERN AVENUE, IMPROVEMENT PROJECT. WHEREAS, on November 16, 2021 the City of Apache Junction ("City") and the State of Arizona Department of Transportation ("ADOT") entered into an Intergovernmental Agreement ("IGA") for a pedestrian improvement project on Delaware Drive between 16th and Broadway Avenues (the "Project") ; and WHEREAS, the City recently received, through the Maricopa Association of Governments ("MAG") , additional federal funds to cover the increased construction costs since 2021; and WHEREAS, the attached written amendment ("IGA/JPA 21- 0008238-I, Amendment No. Two: 23-0009566-I") modifies the original financial and administrative conditions for construction of the Project, which takes into account the available MAG funds . 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 7 -1'47 DAY OF ►M , 2024 . SIGNED AND ATTESTED TO THIS � � DAY OF yfl 2024 . WALTER "CHIP" WILSON Mayor RESOLUTION NO. 24-06 PAGE 1 OF 2 ATTEST: NNIFE PENA C ity Clerk APPROVED AS TO FORM: ZA S•6 246- RICHARD J. STERN City Attorney RESOLUTION NO. 24-06 PAGE 2 OF 2 ADOT CAR No.: IGA 21-0008238-I Amendment No.Two: 23-0009566-I AG Contract No.: P0012021001390 Project Location/Name:Winchester Road, 29th Avenue-16th Avenue Type of Work:Intersection Improvements Federal-aid No.:STBG-APJ-0(219)T ADOT Project No.:T032401C/01D TIP/STIP No.:APJ23-030D,APJ23-0300 CFDA No.: 20.205-Highway Planning and Construction Budget Source Item No.:N/A AMENDMENT NO.TWO TO INTERGOVERNMENTAL AGREEMENT BETWEEN THE STATE OF ARIZONA AND THE CITY OF APACHE JUNCTION THIS AMENDMENT NO.TWO to INTERGOVERNMENTAL AGREEMENT(the"Amendment No. Two"),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 OF TRANSPORTATION (the"State"or"ADOT")and the CITY OF APACHE JUNCTION,acting by and through its MAYOR and CITY COUNCIL(the"City"or"Local Agency").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-I,A.G.Contract No. P0012021001390,was executed on November 16,2021, (the"Original Agreement"); IGA 22- 0008506-I Amendment No.One,was executed on May 31,2022, (the"Amendment No.One"); WHEREAS,the State is empowered by A.R.S.§28-401 to enter into this Amendment No.Two and has delegated to the undersigned the authority to execute this Amendment No.Two on behalf of the State; WHEREAS,the City is empowered by A.R.S.§48-572 to enter into this Amendment No.Two and has by resolution,if required,a copy of which is attached and made a part of,resolved to enter into this Amendment No.Two and has authorized the undersigned to execute this Amendment No.Two on behalf of the City;and NOW THEREFORE,in consideration of the mutual terms expressed herein,the purpose of this Amendment No.Two is to revise the Project description and increase construction costs, Exhibit A is revised and replaced accordingly.The Parties desire to amend the Original Agreement and Amendment No.One,as follows: The Parties incorporate the paragraphs set forth above as part of the body of this Amendment No.Two. Page 1 of 4 IGA: 21-0008238-I Amendment No.Two:23-0009566-1 I. RECITALS Section I,Paragraph Us revised as follows: 3. The work proposed under this Agreement consists of construction of a third lane on Winchester Road from 16th Avenue to Southern Avenue, (the"Project").The Project will also include sidewalks,curb&gutter,a shared turning lane,bicycle lanes,streetlights along Winchester Road,drainage improvements,and utility relocation if required.The estimated Project cost,shown in Exhibit A,is estimated at$5,926,290,which includes federal aid and the City'share of costs.The City will administer the design of the Project and be responsible for all design;The State will advertise,bid and award,and administer the construction of the Project. II. SCOPE OF WORK Section II,Paragraph 2.e.,is revised,as follows: 2. The State will: e. After completion of design review 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$356,096.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 construction phase of the Project. Section II,Paragraph 3.d.,is revised,as follows: 3. The City will: d. 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 costs,the Citys share of the Project construction costs, estimated at $356,096, and if applicable, the difference between the final and initial construction cost estimates. Be responsible for and pay the difference between the estimated construction cost and Project bid amount prior to award. After Project completion, be responsible for and pay any outstanding Project costs,within 30 days of receipt of an invoice. III. MISCELLANEOUS PROVISIONS Section III,Paragraph 20 is revised,as follows: 20. Contractor Certifications.The Parties shall certify that all contractors comply with the applicable requirements of A.R.S.§§35-393.01 and 35-394. EXCEPT AS AMENDED,ALL OTHER terms and conditions of the Original Agreement and Amendment No.One remain in full force and effect. Page 2 of 4 IGA: 21-0008238-I Amendment No.Two: 23-0009566-I THIS AMENDMENT NO.Two shall become effective upon the full completion of signing and dating by all Parties to this Amendment No.Two. 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.Two and that the Amendment No.Two is in proper form is set forth below. IN WITNESS WHEREOF,the Parties have executed this Amendment No.Two the day and year first above written. CITY OF APACHE JUNCTION By Date CHIP WILSON Mayor ATTEST: By Date JENNIFER PENA City Clerk I have reviewed the above referenced Amendment No.Two 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 A.RS.§§11-951 through 11-954 and A.R.S.§48-572 and declare this Amendment No.Two 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.Two. Approved as to Form: By Date City Attorney Page 3 of 4 IGA: 21-0008238-I Amendment No.Two: 23-0009566-I ARIZONA DEPARTMENT OF TRANSPORTATION By Date STEVE BOSCHEN Infrastructure Delivery and Operations Division A.G.Contract No.P0012021001317 (ADOT IGA 21-0008223-I,Amendment No.One: 23- 0009565-I),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 Amendment No.Two. By Date Assistant Attorney General Page 4 of 4 EXHIBIT A IGA: 21-0008238-1 Winchester Road,29th Avenue-16th Avenue Amendment No.Two: 23-0009566-1 Cost Estimate T032401C/01D The Project costs are estimated as follows: Original Amend#1 Amend#2 AMENDED TOTAL Executed Date: November 16,2021 May 31,2022 Pending ADOT Project Development Administration (PDA) Cost.non-federal-aid: City's contribution @ 100% $ 30,000 $ - $ 20,000 $ 50,000 Scoping f Design: City's contribution @ 100% $ 320,000 $ (320,000) $ - $ - Subtotal-Scoping/Design/PDA $ 350,000 $ (320,000) $ 20,000 *** $ 50,000 Construction:* Federal-aid funds @ 94.3% $ 1,349,784 $ - $ 4,170,410 $ 5,520,194 City's match @ 5.7% $ 81,588 $ - $ 252,083 $ 333,671 City's contribution @ 100% $ 920,556 $ - $ (898,131) $ 22,425 Subtotal-Construction $ 2,351,928 $ - $ 3,524,362 $ 5,876,290 Estimated TOTAL Project Cost $ 2,701,928 $ - $ 3,544,362 $ 5,926,290 City Funds $ 1,352,144 $ (320,000) ** $ (626,048) $ 406,096 Federal Funds $ 1,349,784 $ - $ 4,170,410 $ 5,520,194 *(Includes 18%construction engineering(CE) and administration cost(this percentage is subject to change,any change will require concurrence from the City)and 5%Project contingencies) **(Scoping/Design removed,City is administering design of the Project and will be responsible for all design costs) ***Prior to Amendment No.Two,the City was invoiced and paid$20,000.00