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Home My WebLink AboutRes 2023-22 (2)RESOLUTION NO. 2023-22 A RESOLUTION OF THE MAYOR AND TOWN COUNCIL OF FOUNTAIN HILLS, MARICOPA COUNTY, ARIZONA, APPROVING AMENDMENT TWO TO AN INTERGOVERNMENTAL AGREEMENT WITH THE STATE OF ARIZONA RELATING TO SIDEWALK INFILL DESIGN AND CONSTRUCTION RECITALS: WHEREAS, by Resolution 2021-011, dated May 4, 2021, the Mayor and Town Council of the Town of Fountain Hills (the "Town") approved an Intergovernmental Agreement, dated May 28, 2021, with the State of Arizona (the "State") (as amended via Resolution 2022-014, dated April 5, 2022, and Amendment No. 1, dated April 13, 2022) relating to the Design and Construction of sidewalk along Saguaro Boulevard from Colony Drive to Fountain Hills Blvd and Palisades Boulevard from Saguaro Boulevard to Fountain Hills Boulevard (the "Agreement"); and WHEREAS, the Town and the State desire to amend the Agreement to revise the project costs. ENACTMENTS: NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS as follows: SECTION 1. That the Town, through its Mayor and Council, hereby approves Amendment Two to the Intergovernmental Agreement (the "Agreement"), attached hereto as Exhibit A. SECTION 2. The Mayor, the Town Manager, the Town Clerk and the Town Attorney are hereby authorized and directed to cause the execution of Amendment Two to the Intergovernmental Agreement and to take all steps necessary to carry out the purpose and intent of this Resolution. PASSED AND ADOPIF by the Mayor and Council of the Town of Fountain Hills, Maricopa County, Arizona, this 1 day of ( Ay, , 2023. FOR THE TOWN OF FOUNTAIN HILLS ATT ED TO: GinDickey, flFiayor REVIEW BY: Rachael G M •"L# nhall, ow Clerk APPROVED AS TO FORM: nterim Town Managern D. Arnson, Town Attorney ADOT File No.: IGA 21-0008123-1 Amendment No. Two: 23-0009174-I AG Contract No.: P0012021000539 Project Location/Name: Palisades Blvd., and Saguaro Blvd. Type of Work: Sidewalk Gaps Federal -aid No.: FTH-0(210)T ADOT Project No.: T031401C TIP/STIP No.: FTH23-040D, FTH23-040 CFDA No.: 20.205 - Highway Planning and Construction Budget Source Item No.: NA AMENDMENT NO. TWO TO INTERGOVERNMENTAL AGREEMENT BETWEEN THE STATE OF ARIZONA AND THE TOWN OF FOUNTAIN HILLS 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 TOWN OF FOUNTAIN HILLS, acting by and through its MAYOR and TOWN COUNCIL (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 21-0008123-1, A.G. Contract No. P0012021000539, was executed on May 28, 2021, (the "Original Agreement"); IGA 21-0008446-1 Amendment No. One, executed on April 13, 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 Town is empowered by A.R.S. § 9-240 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 Town; and NOW THEREFORE, in consideration of the mutual terms expressed herein, the purpose of this Amendment No. Two is to increase the Project construction cost estimate; 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: 21-0008123-1 Amendment No. Two: 23-0009174-1 II. SCOPE OF WORK Section II, Paragraph e. is revised, as follows: 1. The State will: e. After completion of design and prior to bid advertisement, invoice the Town for the actual PDA costs, as applicable, and the Town share of the Project construction costs, estimated at $200,117.00. After the Project costs for construction are finalized, the State will either invoice or reimburse the Town 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 II, Paragraph d. is revised, as follows: 2. The Town 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 and the Town share of the Project construction costs, estimated at $200,117.00. 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. 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 and Amendment No. One remain in full force and effect. THIS AMENDMENT NO. TWO shall become effective upon the full completion of signing and dating by all Parties to this Amendment No. Two. Page 2 of 4 IGA: 21-0008123-1 Amendment No. Two: 23-0009174-1 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. TOWN OF FOUNTAIN HILLS By ATTEST: I By N A MENDENHA L Town 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 TOWN OF FOUNTAIN HILLS, an agreement among public agencies which, has been reviewed pursuant to A.R.S. §§ 11-951 through 11-954 and A.R.S. § 9-240, and declare this Amendment No. Two 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. Two. Approved as to Form: Date 05//CP3 Town Attorney ARIZONA DEPARTMENT OF TRANSPORTATION Page 3 of 4 By Date STEVE BOSCHEN, PE Division Director IGA: 21-0008123-I Amendment No. Two: 23-0009174-I A.G. Contract No. P0012021000539 (ADOT IGA 21-0008123 Amendment No. Two: 23- 0009174), an Agreement between public agencies, the State of Arizona and Town of Fountain Hills has been reviewed pursuant to A.R.S. §§ 11-951 through 11-954, and § 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 Palisades Blvd., and Saguaro Blvd. Cost Estimate T031401C The Project costs are estimated as follows: Original Amend #1 Amend #2 Executed Date: 28-May-21 13-Apr-22 Pending IGA: 21-0008123-1 Amendment No. Two: 23-0009174-1 TOTAL ADOT Project Development Administration (PDA) Cost, non -federal -aid: Town's Cost @ 100% $ 30,000.00 $ $ $ 30,000.00 Scoping/Design: Federal -aid funds @ 94.3% $ 274,144.00 $ 90,904.00 $ $ 365,048.00 Towns's match @ 5.7% $ 16,571.00 $ 5,494.00 $ - $ 22,065.00 Subtotal - Scoping/Design/PDA $ 320,715.00 $ 96,398.00 $ $ 417,113.00 Construction:* Federal -aid funds @ 94.3% $ 2,026,477.00 $ $ 1,284,227.00 $ 3,310,704.00 Town's match @ 5.7% $ 122,491.00 $ $ 77,626.00 $ 200,117.00 Subtotal - Construction $ 2,148,968.00 $ $ 1,361,853.00 $ 3,510,821.00 Estimated TOTAL Project Cost $ 2,469,683.00 $ 96,398.00 $ 1,361,853.00 $ 3,927,934.00 Town Funds $ 169,062.00 $ 5,494.00 $ 77,626.00 $ 252,182.00 Federal Funds $ 2,300,621.00 $ 90,904.00 $ 1,284,227.00 $ 3,675,752.00 *(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)