09.08.25-To_Entity_Review-08-148-Amend_One-Clean (smf - city).pdf
Extracted text (via pymupdf)
8442 characters
Page 1 of 5
ADOT CAR No.: IGA/ JPA 08-148-I
Amendment No. One: 25-0011132-I
AG Contract No.: P0012008004871
Project Location/Name: SR 85 Connector
Roads, Broadway - Lower Buckeye
Type of Work: New Facilities –
Construction of New Roads
Federal-aid No.: 085-B(0)B
ADOT Project No.: H5955 15C
TIP/STIP No.: N/A
CFDA No.: 20.205 - Highway Planning and
Construction
Budget Source Item No.: 20806
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 City are each individually referred to as a “Party” and are collectively referred to as
the “Parties.”
WHEREAS, the INTERGOVERNMENTAL AGREEMENT, IGA/JPA 08-148-I, A.G. Contract No.
P0012008004871, was executed on March 16, 2009, (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 City 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 City; and
NOW THEREFORE, in consideration of the mutual terms expressed herein, the purpose of
this Amendment No. One is to remove the scope of work related to the Warner Street Bridge.
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.
IGA/JPA: 08-148-I
Amendment No. One: 25-0011132-I
Page 2 of 5
I.
RECITALS
(NO CHANGES)
II. SCOPE OF WORK
Section II, Paragraphs 1.o. and 1.q. are deleted, and 1.p. is revised, as follows:
1. The City will:
o. After the completion of the State’s Project use its best reasonable efforts to cause to be
completed subsequent phases of the Connector Road Project (which may include
lighting, striping, pavement markings, signing, Warner Street embankment within the
State’s rights of way) at such time and in such manner as the Town may determine
acting in its sole and absolute discretion.
p. Upon completion of construction of the Connector Road Project, be responsible for the
operation and maintenance of the connector roads, minor/routine maintenance of
Warner Street Bridge roadway surface, lighting, striping, and asphalt approaches in
accordance with Exhibit E: Roles and Responsibilities, attached hereto and made a
part hereof, as applicable and in accordance with Town standards. Be responsible for all
monthly electric power charges associated with the improvements constructed with the
subsequent phases of the Connector Road Project, or transfer such responsibility to a
street light improvement district or other appropriate entity, at no cost to the State.
“Minor Maintenance / Routine Maintenance” - means that work necessary to maintain
feature and area responsibility consistent with maintenance service levels adopted by
the responsible party. The defined features/areas include: street surfaces, shoulders,
curbs, sidewalks, and median dividers of cross roads, bridges, screen and sound walls,
and certain drainage features feeding into the State’s drainage system. The
responsibility for the routine maintenance of the defined areas will include preventative
and limited rehabilitation activities such as sweeping, crack sealing, removal of spills
and debris, graffiti removal, repair of potholes, minor repair and replacement of
pedestrian and frontage road lighting, minor signing and striping, leveling and/or
patching of asphalt concrete pavement with premix, minor seal coating and/or flush
coating of oxidized pavement, litter and trash removal, minor repair of the surface/base
of damaged pavement presenting a safety hazard, weed removal within designated
areas (not covered in a separate landscape maintenance Agreement) of established
rights of way.
q. Grant at no cost to the State an encroachment permit as needed to permit the State
access across the Town’s rights of way for the State’s construction of the SR 85 Hazen
Road to Broadway Road project for the embankment of Warner Street Bridge.
Section II, Paragraphs 2.h. and 2.i. are deleted, as follows:
2. The State will:
IGA/JPA: 08-148-I
Amendment No. One: 25-0011132-I
Page 3 of 5
h. Construct the Warner Street overpass structure (Warner Street Bridge), and its
associated approach slabs, wingwalls and embankment cone necessary to construct the bridge.
i.
Upon completion of the State’s SR 85 Hazen Road to Broadway Road Project, be
responsible for the construction and structural integrity of the Warner Street Bridge.
III. MISCELLANEOUS PROVISIONS
(NO CHANGES)
EXCEPT AS AMENDED, ALL OTHER terms and conditions of the Original Agreement remain in full
force and effect.
Remainder of this page is intentionally left blank.
(Signatures begin on the next page)
IGA/JPA: 08-148-I
Amendment No. One: 25-0011132-I
Page 4 of 5
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.
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/JPA: 08-148-I
Amendment No. One: 25-0011132-I
Page 5 of 5
ARIZONA DEPARTMENT OF TRANSPORTATION
By ______________________________ Date___________
AUDRA MERRICK, PE
Project Delivery and Operations Division
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