HomeMy WebLinkAboutRes 2022-14 RESOLUTION NO. 2022-014
A RESOLUTION OF THE MAYOR AND TOWN COUNCIL OF
FOUNTAIN HILLS, MARICOPA COUNTY, ARIZONA,
APPROVING AMENDMENT ONE TO AN
INTERGOVERNMENTAL AGREEMENT WITH THE STATE OF
ARIZONA RELATING TO SIDEWALK INFILL DESIGN AND
CONSTRUCTION
RECITALS:
WHEREAS, by Resolution 2021-011 the Mayor and Town Council of the Town of Fountain Hills
(the "Town") approved an Intergovernmental Agreement with the State of Arizona (the "State")
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 One
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 One to the Intergovernmental
Agreement and to take all steps necessary to carry out the purpose and intent of this Resolution.
PASSED AND ADOPTED by the Mayor and Council of the Town of Fountain Hills, Maricopa
County, Arizona, this 5th day of April, 2022.
FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO:
t
(AA
I
Gin Dicke , Mayor Eli abeth A ei , own Clerk
REVIEWED BY: APPROVED AS TO FORM:
bon, t . (‘L(14 —.
Grady . Mil 4ii,wn. Manager aronD. Arnson, Town Attorney
RESOLUTION NO. 2022-014 PAGE 2
EXHIBIT A
AMENDMENT ONE TO THE INTERGOVERNMENTAL AGREEMENT
ii
ADOT File No.: IGA 21-0008123-I
Amendment No.One: 21-0008446-I
AG Contract No.: P001 2021 000539
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.: N/A
AMENDMENT NO.ONE
TO
INTERGOVERNMENTAL AGREEMENT
BETWEEN
THE STATE OF ARIZONA
AND
THE TOWN OF FOUNTAIN HILLS
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
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-I,A.G.Contract No. P001
2021 000539,was executed on May 28, 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
State;
WHEREAS,the Town is empowered by A.R.S.§ 9-240 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 Town;and
NOW THEREFORE,in consideration of the mutual terms expressed herein,the purpose of
this Amendment No.One is to include additional utility potholing costs in the design phase
of the Project,revise,and replace Exhibit A.Consistent with the Original Agreement the
Town has been invoiced and paid$46,571.00 and will pay the additional match of$5,494.00
within 30 days of receipt of an invoice from the State.The Parties desire to amend the
Original Agreement,as follows:
Page 1 of 4
IGA/JPA: 21-0008123-I
Amendment No.One: 21-0008446-I
The Parties incorporate the Recitals set forth above as part of the body of this Amendment
No.One.
I. RECITALS
(NO CHANGES)
H. SCOPE OF WORK
(NO CHANGES)
III.MISCELLANEOUS PROVISIONS
(NO CHANGES)
EXCEPT AS AMENDED ALL OTHER terms and conditions of the Original Agreement remain in full
force and effect.
THIS AMENDMENT NO.ONE shall become effective upon signing and dating of all Parties.
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 as set forth below.
IN WITNESS WHEREOF,the Parties have executed this Amendment No.One to be effective upon
the signing and dating of all Parties.
TOWN OF FOUNTAIN HILLS
By Date
GINNY DICKEY
Mayor
ATTEST:
By Date
ELIZABETH KLEIN
Town Clerk
Page 2 of 4
IGA/JPA: 21-0008123-I
Amendment No.One: 21-0008446-I
I have reviewed the above referenced Intergovernmental 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 Agreement 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 Agreement.Approved as to
Form:
By Date
Town Attorney
ARIZONA DEPARTMENT OF TRANSPORTATION
By Date
STEVE BOSCHEN, PE
Division Director
A.G.Contract No. P001 2021 000539 (ADOT IGA 21-0008123),an Agreement between public
agencies,the State of Arizona and the 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 Agreement.
By Date
Assistant Attorney General
Page 3 of 4
IGA/JPA: 21-0008123-I
Amendment No.One: 21-0008446-I
EXHIBIT A
Cost Estimate
T031401D/03D/01C
The federal funds will be used for the scoping/design and construction of the Project,including
the construction engineering (CE) and administration cost.The estimated Project costs are as
follows:
ADOT Project Development Administration (PDA) Cost,:
PDA costs* $ 30,000.00
Scoping/Design:
Federal-aid funds @ 94.3% $ 365,048.00
Town's match @ 5.7% $ 22,065.00
Subtotal -Scoping/Design/PDA** $417,113.00
Construction:
Federal-aid funds @ 94.3% $ 2,026,477.00
Town's match @ 5.7% $ 122.491.00
Subtotal-Construction*** $ 2,148,968.00
Estimated TOTAL Project Cost $ 2,566,081.00
Total Estimated Town Funds $ 174,556.00
Total Federal Funds $2,391,525.00
* (Included in the Town's Estimated Funds)
** (Consistent with the Original Agreement,the Town paid$46,571.00 and will be invoiced for
the additional match of$5,494.00)
*** (Includes 15% CE (this percentage is subject to change,any change will require concurrence
from the Town) and 5% Project contingencies)
Page 4 of 4