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HomeMy WebLinkAboutResolution 2024-066 Approving and Authorizing the Mayor to Execute Amendment No. One to the IGA for Design, Construction, and Installation of a Traffic Signal at the Intersection of Dove Mountain Blvd and Moore Rd MARANA RESOLUTION NO. 2024-066 RELATING TO PUBLIC WORKS; APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE AMENDMENT NO. ONE TO THE INTERGOVERNMENTAL AGREEMENT BETWEEN THE STATE OF ARIZONA AND THE TOWN OF MARANA FOR DESIGN, CONSTRUCTION, AND INSTALLATION OF A TRAFFIC SIGNAL AT THE INTERSECTION OF DOVE MOUNTAIN BOULEVARD AND MOORE ROAD WHEREAS in 2019, the Town of Marana submitted for and was successful in obtaining Highway Safety Improvement Program (HSIP) funds for the design and construction of a traffic signal at the intersection of Dove Mountain Blvd and Moore Road (the "Project"); and WHEREAS HSIP is a Federal Highway Administration federal-aid program with the goal of significantly reducing traffic fatalities and serious injuries on public roadways; and WHEREAS HSIP funds require the Town of Marana to partner with a sponsor agency capable of administering federal funds on the Towri s behalf; and WHEREAS, on April 19, 2022, the Mayor and Council approved an IGA with the Arizona Department of Transportation (ADOT) for completion of the Project, including all facets of project management, design, and construction, which will be administered through ADOT pursuant the IGA; and WHEREAS the Town and ADOT now wish to revise the IGA to increase the estimated cost for the Project that will be reimbursable through HSIP funds; and WHEREAS the Town is empowered by A.R.S. §§ 9-240 and 11-952 to enter into this IGA amendment; and WHEREAS the Mayor and Council of the Town of Marana feel it is in the best interests of the citizens of Marana to enter into the IGA amendment addressed by this resolution. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, that Amendment No. One to the intergovernmental agreement between the State of Arizona by and through its Department of Transportation and the Town of Marana for design,construction,and installation of a traffic signal at the Resolution No.2024-066 - 1 - intersection of Dove Mountain Boulevard and Moore Road in substantially the form set forth on Exhibit A attached to and incorporated within this resolution by this reference is hereby approved,and the Mayor is authorized to execute it for and on behalf of the Town of Marana. IT IS FURTHER RESOLVED that the Town Manager and staff are hereby directed and authorized to undertake all other and further tasks required or beneficial to carry out the terms, obligations, conditions and objectives of the IGA amendment. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 18th day of June 2024. t Mayor Ed Honea ATTEST: APP OVER AS TO RM: David L. Udall, Town Clerk Jane airall, To n Attorney t AVVINSINKOMMININIMMIII ARANA AZ ESTABLISHED 1977 Resolution No.2024-066 -2 - DocuSign Envelope ID: AB5D0687-4960-4084-BE7B-E292D08D06AC ADOT CAR No.: IGA 22-0008492-I Amendment No. One: 24-0009752-I AG Contract No.: P0012022000524 Project Location/Name: Dove Mountain Blvd & Moore Road Type of Work: Install Traffic Signal Federal -aid No.: HSIP-MRN-0(207)T ADOT Project No.: T0342 01D/03D/01C TIP/STIP No.: 32.21 CFDA No.: 20.205 - Highway Planning and Construction Budget Source Item No.: 102474 AMENDMENT NO. ONE TO INTERGOVERNMENTAL AGREEMENT BETWEEN THE STATE OF ARIZONA AND THE TOWN OF MARANA THIS AMENDMENT NO. ONE to INTERGOVERNMENTAL AGREEMENT (the "Amendment No. One"), is entered into this date June 20, 2024 , 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 TOWN OF MARANA, an Arizona municipal corporation (the "Town").The State and the Town are each individually referred to as a "Party" and are collectively referred to as the "Parties." WHEREAS, the INTERGOVERNMENTAL AGREEMENT, IGA 22-0008492-I, A.G. Contract No. P0012022000524, was executed on April 21, 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 Town is empowered by A.R.S. § 9-240 to enter into this Amendment No. One and has by resolution, if required, 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 Town; and NOW THEREFORE, in consideration of the mutual terms expressed herein, the purpose of this Amendment No. One is to increase Project design and 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. Pagel of 4 DocuSign Envelope ID: AB5D0687-4960-4084-BE7B-E292D08D06AC IGA: 22-0008492-I Amendment No. One: 24-0009752-I I. RECITALS Section I, Paragraph 3 is revised, as follows: 3. The work proposed under this Agreement consists of the design construction, and installation of a traffic signal at the intersection of Dove Mountain Boulevard and Moore Road/N. Heritage Gateway Avenue (the "Project"). The Project cost, shown in Exhibit A, is estimated at $1,002,895, which is eligible for 100% Highway Safety Improvement Program (HSIP) federal funding with local contribution. The State will administer the design and advertise, bid and award, and administer the construction phase of the Project. II. SCOPE OF WORK (NO CHANGES) III. MISCELLANEOUS PROVISIONS Section III, Paragraph 21 is revised, as follows: 21. 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 will remain in full force and effect. Remainder of this page is intentionally left blank. (Signatures begin on the next page) Page 2 of 4 DocuSign Envelope ID: AB5D0687-4960-4084-BE7B-E292D08D06AC IGA: 22-0008492-I Amendment No. One: 24-0009752-I THIS AMENDMENT 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 form is set forth below. IN WITNESS WHEREOF, the Parties have executed this Amendment No. One the day and year first above written. TOWN OF MARANA DocuSigned by: By �� Date6/20/2024 EA ED HON Mayor ATTEST: by: ByrDocuSigned ml� b. U dA. t Date 6/20/2024 DAVID L. UDALL Town 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 Town of Marana, an agreement among public agencies which, has been reviewed pursuant to A.R.S. §§ 11-951 through 11-954 and A.R.S. § 9-240and declare this Amendment No. One to be in proper form and within the powers and authority granted to the Town 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: DocuSigned by: By 5 Date6/19/2024 tea JANE FAIRALL Town Attorney Page 3 of 4 DocuSign Envelope ID: AB5D0687-4960-4084-BE7B-E292D08D06AC IGA: 22-0008492-I Amendment No. One: 24-0009752-I ARIZONA DEPARTMENT OF TRANSPORTATION DocuSigned by: B &-v-- Date 6/20/2024 Y � STEVE BOSCHEN, PE Infrastructure Delivery and Operations Division Division Director DocuSignedd by: By Date 6/20/2024 BRENT A. CAIN, PE Transportation Systems Management and Operations Division Division Director This Amendment No. One between public agencies, the State of Arizona and the Town of Marana 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. One. by: ByrDocuSigned ��� Date 6/20/2024 Assistant Attorney General Page 4 of 4 DocuSign Envelope ID: AB5D0687-4960-4084-BE7B-E292D08D06AC EXHIBIT A Dove Mountain Blvd And Moore Road Cost Estimate T0342 01D/03D/01C The Project costs are estimated as follows: Original Amend #1 AMENDED TOTAL Executed Date: April 21, 2022 Pending ADOT Project Development Administration (PDA) Cost, non -federal -aid: Federal -aid funds @ 100% $ 30,000 $ 30,000 Scoping/Design: Federal -aid funds @ 100% $ 159,000 $ 159,000 Town's costs @ 100%* $ 23,895 $ 23,895 Subtotal - Scoping/Design/PDA $ 189,000 $ 23,895 $ 212,895 Construction:** Federal -aid funds @ 100% $ 551,250 $ 70,000 $ 621,250 Town's costs @ 100%* $ 168,750 $ 168,750 Subtotal - Construction $ 551,250 $ 238,750 $ 790,000 Estimated TOTAL Project Cost $ 740,250 $ 262,645 $ 1,002,895 Total Estimated Town Funds $ 192,645 $ 192,645 Total Federal Funds $ 740,250 $ 70,000 $ 810,250 *Based on the terms of the original Agreement, the Town has been invoiced for the Town's costs for design and construction. * *(Includes 15% construction engineering (CE) and administration cost (this percentage is subject to change, any change will require concurrence from the Town) and 5% Project contingencies) IGA: 22-0008492-1 Amendment No. One: 24-0009752-1 Exhibit A to Marana Resolution No. 2024-066 ADOT CAR No.: IGA 22-0008492-I Amendment No.One: 24-0009752-I AG Contract No.: P0012022000524 Project Location/Name: Dove Mountain Blvd&Moore Road Type of Work: Install Traffic Signal Federal-aid No.: HSIP-MRN-O(207)T ADOT Project No.:T0342 01D/03D/O1C TIP/STIP No.: 32.21 CFDA No.: 20.205 -Highway Planning and Construction Budget Source Item No.: 102474 AMENDMENT NO.ONE TO INTERGOVERNMENTAL AGREEMENT BETWEEN THE STATE OF ARIZONA AND THE TOWN OF MARANA 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 OF TRANSPORTATION (the"State"or"ADOT") and the TOWN OF MARANA,an Arizona municipal corporation (the"Town").The State and the Town are each individually referred to as a"Party"and are collectively referred to as the"Parties." WHEREAS,the INTERGOVERNMENTAL AGREEMENT,IGA 22-0008492-I,A.G.Contract No. P0012022000524,was executed on April 21,2022, (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 Town is empowered by A.R.S.§9-240 to enter into this Amendment No.One and has by resolution,if required,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 Town;and NOW THEREFORE,in consideration of the mutual terms expressed herein,the purpose of this Amendment No.One is to increase Project design and 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. Exhibit A to Marana Resolution No. 2024-066 I. RECITALS Section I,Paragraph 3 is revised,as follows: 3. The work proposed under this Agreement consists of the design construction,and installation of a traffic signal at the intersection of Dove Mountain Boulevard and Moore Road/N.Heritage Gateway Avenue(the"Project").The Project cost,shown in Exhibit A,is estimated at$1,002,895,which is eligible for 100%Highway Safety Improvement Program (HSIP) federal funding with local contribution.The State will administer the design and advertise,bid and award,and administer the construction phase of the Project. II. SCOPE OF WORK (NO CHANGES) III. MISCELLANEOUS PROVISIONS Section III,Paragraph 21 is revised,as follows: 21. 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 will remain in full force and effect. Remainder of this page is intentionally left blank. (Signatures begin on the next page) Exhibit A to Marana Resolution No. 2024-066 THIS AMENDMENT 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 form is set forth below. IN WITNESS WHEREOF,the Parties have executed this Amendment No.One the day and year first above written. TOWN OF MARANA By Date ED HONEA Mayor ATTEST: By Date DAVID L.UDALL Town 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 Town of Marana, an agreement among public agencies which,has been reviewed pursuant to A.R.S.§§ 11-951 through 11-954 and A.R.S.§9-240and declare this Amendment No.One to be in proper form and within the powers and authority granted to the Town 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 JANE FAIRALL Town Attorney Exhibit A to Marana Resolution No. 2024-066 ARIZONA DEPARTMENT OF TRANSPORTATION By Date STEVE BOSCHEN,PE Infrastructure Delivery and Operations Division Division Director By Date BRENT A.CAIN,PE Transportation Systems Management and Operations Division Division Director This Amendment No.One between public agencies,the State of Arizona and the Town of Marana 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.One. By Date Assistant Attorney General co O t-J O O in LA O O O LA LA O v) - O O a0 co .4 F N N O CO \0 N p eV O O' O.; M N lb O N N O U O Fr co to N e••l N ‘.0 ON O Csrl v, . N ❑ . 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