24-0010903-Amend 1-Dist C-ADOT and City of Buckeye-T0630 01D 01C-FINAL.pdf
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ADOT CAR No.: IGA 24-0010903-I
Amendment No. One: 26-0011572-I
AG Contract No.: P0012025000216
Project Location/Name: Buckeye Fiber
Optic Backbone (MC 85/Miller Road)
Type of Work: Fiber Optic Installation
Federal-aid No.: CMAQ-BKY-0(216)T
ADOT Project No.: T0630 01D/01C
TIP/STIP No.: BKY24-262D1,
BKY24-262D, BKY24-262C
ALN: 20.205 - Highway Planning and
Construction
Budget Source Item No.: 104421
AMENDMENT NO. ONE
TO
INTERGOVERNMENTAL AGREEMENT
BETWEEN
THE STATE OF ARIZONA
AND
THE CITY OF BUCKEYE
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 CITY OF
BUCKEYE, acting by and through its MAYOR and CITY COUNCIL (the “City” or “Local Agency”).The
State and the Local Agency are each individually referred to as a “Party” and are collectively
referred to as the “Parties.”
WHEREAS, the INTERGOVERNMENTAL AGREEMENT, IGA 24-0010903-I, A.G. Contract No.
P0012025000216, was executed on July 11, 2025, (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 Local Agency is empowered by A.R.S. § 48-572 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 Local Agency; and
NOW THEREFORE, in consideration of the mutual terms expressed herein, the purpose of
this Amendment No. One is to increase construction costs; Exhibit A is revised and replaced
accordingly. The Parties desire to amend the Original Agreement, as follows:
IGA: 24-0010903-I
Amendment No. One: 26-0011572-I
Page 2 of 4
The Parties incorporate the paragraphs set forth above as part of the body of this
Amendment No. One.
I.
RECITALS
Section I, Paragraph 3., is revised, as follows:
3. The work proposed under this Agreement consists of the installation of conduit, pull boxes,
and fiber optic cable infrastructure along Maricopa County Route 85 and Miller Road, (the
“Project”). The Project cost, shown in Exhibit A, is estimated at $1,966,873, which includes
federal aid and the Local Agency‘s match. The Local Agency will administer the design at
their own cost, and the State will advertise, bid and award, and administer the construction
of the Project.
II. SCOPE OF WORK
Section II, Paragraph 2.d., is revised, as follows:
2. The State will:
d. After completion of design review and prior to bid advertisement, invoice the Local
Agency for the actual PDA costs, as applicable, and the Local Agency’s share of the
Project construction costs, estimated at $110,401. After the Project costs for
construction are finalized, the State will either invoice or reimburse the Local Agency
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 3.e., is revised, as follows:
3. The Local Agency will:
e. 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, the Local
Agency’s share of the Project construction costs, estimated at $110,401, and if
applicable, the difference between the final and initial construction cost estimates. Be
responsible for and pay the difference between the estimated construction cost and
Project bid amount prior to award. After Project completion, be responsible for and pay
any outstanding Project costs, within 30 days of receipt of an invoice.
III. MISCELLANEOUS PROVISIONS
(NO CHANGES)
IGA: 24-0010903-I
Amendment No. One: 26-0011572-I
Page 3 of 4
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 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.
THE CITY OF BUCKEYE
By ______________________________ Date____________
ERIC ORSBORN
Mayor
ATTEST:
By ______________________________ Date____________
LUCINDA AJA
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 Buckeye,
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____________
City Attorney
IGA: 24-0010903-I
Amendment No. One: 26-0011572-I
Page 4 of 4
ARIZONA DEPARTMENT OF TRANSPORTATION
By ______________________________ Date___________
MATT MOUL, PE
Project Delivery and Operations
Division Director
This Amendment No. One between public agencies, the State of Arizona and the City of
Buckeye 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
EXHIBIT A
MC 85/Miller Road
Cost Estimate
IGA: 24-0010903-I
Amend No. One: 26-0011572-I
T0630 01D/01C
The Project costs are estimated as follows:
Original
Amend #1
AMENDED TOTAL
Executed Date:
July 11, 2025
Pending
ADOT Project Development Administration (PDA) Cost, non-federal-aid:
Local Agency's costs @ 100%
$30,000
$30,000
Construction:*
Federal-aid funds @ 94.3%
$1,365,512
$460,960
$1,826,472
Local Agency's match @ 5.7%
82,538
27,863
110,401
Subtotal - Construction
$1,448,050
$488,823
$1,936,873
Estimated TOTAL Project Cost
$1,478,050
$488,823
$1,966,873
Total Estimated Local Agency Funds *
$112,538
$27,863
$140,401
Total Federal Funds
$1,365,512
$460,960
$1,826,472
*Includes a minimum 20% construction engineering (CE) and administration cost (this
percentage is subject to change, any change will require concurrence from the Local Agency) and
5% Project contingencies
**The Local Agency has paid the PDA costs of $30,000 and will be invoiced for the Local Agency's
match for construction costs estimated at $110,401