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Home My WebLink AboutRES 24-26 RESOLUTION NO. 24-26 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 OF ARIZONA FOR THE 2022 STREET LIGHT IMPROVEMENT PROJECT. WHEREAS, on August 25, 2022 the City of Apache Junction ("City") and the State of .Arizona Department of Transportation ("ALLOT"} entered into an Intergovernmental. Agreement ("IGA") for a street light improvement project on Apache Trail between Palo Verde Drive to SR88 and on Superstition Boulevard between Meridian Drive and SR88 (the "Project") and WHEREAS, the City recently received, through the State of Arizona ("ADOT") , additional state funds to cover the increased construction costs since 2022 and WHEREAS, the attached written. amendment ("IA/JPA 22- 0008647-I, Amendment No. One: 24-000751-I") modifies the original financial and administrative conditions for construction of the Project, which takes into account the available state 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 RESOLUTION NO. 24-26 PAGE 1 OF 2 PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS DAY OF r , 2024 . SIGNET} AND ATTESTED TO THIS DAY OF - � , 2024 . %)a4e &4��41J-jln WALTER "CHIP" WILSON Mayor ATTEST: Lt4AAL (q�ENNIFER ENA -- City Cle k APPROVED AS TO FORM: 4�e G - 17--;2 41_ RICHARD Jr STERN City Attorney RESOLUTION NO. 24-26 PAGE 2 OF 2 ADOT File No.: IGA 22-0008647-1 Amendment No.One:24-0009751-1 AG Contract No.:P0012022001119 Project Name/Location:Apache Trail& Superstition Blvd Type of Work: Street Lighting Improvements Federal-aid No.. HSIP-APJ-0(220)T ADOT Project No.:TO 0ID/03D/01C TIP/STIP No.:APJ23-070D,APJ24-070C CFDA No.: 20.205-Highway Planning and Construction Budget Source Item No.: 101895 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")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,I 22-0008647-1,A.G.Contract No. P0012022001119,was executed on August 25,2022,(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 hereto and made a part hereof,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 increase the Project construction costs;Exhibit A is revised and replaced accordingly.The Parties desire to amend the Original Agreement,as follows: The Parties incorporate the paragraphs set forth above as part of the body of this Amendment No.One. Page 1of4 MA: 22-0008647-1 Amendment No. One: 24-000975 1-1 L—AULTAL-5- Section 1,Paragraph 3 is revised,as follows: 3. The work proposed under this Agreement consists of the design and construction of street lighting improvements along Apache Trail from Palo Verde Drive to State Route(SR)88 and Superstition Blvd from Meridian Drive to SR88(the"Project").The Project cost,shown in Exhibit A,is estimated at$2,562,000,which includes federal aid and local funds.The State will administer the design,and will advertise,bid and award,and administer the construction of the Project. IL—SCOPLOLM" (NO CHANGES) HL MISCELLANEEQQ UJ§-PJL0V SIM L— Section III,Paragraph 20 is revised,as follows: 20. �Contractor CertflficatiQns.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 remain in full force and effect. Remainder of this page is intentionally left blank. (Signatures begin on the next page) Page 2 of 4 IGA: 22-0008647-1 Amendment No. One: 24-000975 1-1 THIS; END ENT NO.ONE shall become effective upon the full completion of signing and dating by all Parties to this Amendment No.One. 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 for is set forth below, IN WITNESS WHEREOF,the Parties have executed this Amendment No,One the day and year first above written. CITY OF APACHE JUNCTION By. Date WALTER"CHIP"WILSON Mayor ATTEST: By Date--- JENNIFER PENA City Clerk 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 A.R.S.§§ 11-951 through 11-954 and A.R.S.§48-572 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. Approved as to Form: By Date RICHARD J.STERN City Attorney Page 3 of 4 IGA: 22-0008647-1 Amendment No. One: 24-000975 1-1 ARIZONA DEPARTMENT OF TRANSPORTATION ByTM gym.Date-- STEVE BOSCHEN,PE Infrastructure Delivery and Operations Division Division Director By.- Date BRENT A. IN,PE Transportation Systems Management and Operations Division Division Director This Amendment No,One 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 for 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,One, By Date Assistant Attorney General Page 4 of 4 EXHIBIT A IGA:22-0008647-1 Apache Trail And Superstition Blvd Amendment No, One:24-0009751-1 Cost Estimate T0365 01D/03D/01C The Project costs are estimated as follows: Original Amend#1 AMENDED TOTAL Executed Date: August 25,2022 Pending ADOT Proiect Development AdminisloLion(PDA)Cost non-fedgr Al_-_a i d. City's costs @ 100% $ 30,000 $ 30,000 Lcgpin Zft D ign:s — Federal-aid funds @ 100% $ 420,000 $ 420,000 Cqnttisanc Federal-aid funds @ 100% $ 2,016,000 $ 96,000 $ 2,112,000 Estimated TOTAL Project Cost $ 2,466,000 $ 96,000 $ 2,562,000 Total Estimated City Funds $ 30,000 $ 30,000 Total Federal Funds $ 2,436,000 $ 96,000 $ 2,532,000 *(Includes 15%construction engineering(GE)and administration cost(this percentage is subject to change,any change will require concurrence from the City)and 5%Project contingencies)