HomeMy WebLinkAboutC2021-065.1 - ADOT - Palisades.Saguaro Sidewalk GapsPage 1 of 5
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:
DocuSign Envelope ID: 8E77BDCF-BFB7-4538-B7B3-40DD34B41FEA
April 13, 2022
IGA: 21-0008123-I Amendment No. One: 21-0008446-I
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The Parties incorporate the Recitals set forth above as part of the body of this Amendment
No. One.
I. RECITALS
(NO CHANGES)
II. 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 the full completion of signing and dating by all parties to this Agreement.
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.
DocuSign Envelope ID: 8E77BDCF-BFB7-4538-B7B3-40DD34B41FEA
IGA: 21-0008123-I Amendment No. One: 21-0008446-I
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TOWN OF FOUNTAIN HILLS By ______________________________Date_______________ GINNY DICKEY Mayor
ATTEST: By ______________________________Date________________
ELIZABETH KLEIN Town Clerk
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
DocuSign Envelope ID: 8E77BDCF-BFB7-4538-B7B3-40DD34B41FEA
4/6/2022
4/6/2022
4/12/2022
IGA: 21-0008123-I Amendment No. One: 21-0008446-I
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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
DocuSign Envelope ID: 8E77BDCF-BFB7-4538-B7B3-40DD34B41FEA
4/12/2022
4/13/2022
IGA: 21-0008123-I Amendment No. One: 21-0008446-I
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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)
DocuSign Envelope ID: 8E77BDCF-BFB7-4538-B7B3-40DD34B41FEA