AMEND 1-DIST C-MARICOPA COUNTY-MAG-SZ092 03D_01C-FINAL.PDF

ADOT File No.: IGA 13‐0002783‐I
Amendment No. One: 19‐0007394‐I
AG Contract No.: P001 2013 002759
Project Location/Name: Northern
Parkway Phase 2
Type of Work: Dysart and El Mirage
Overpasses
Federal‐aid No.: MMA‐0(249)D
ADOT Project No.: SZ092 03D/01C
TIP/STIP No.: MMA19‐123DZ
CFDA No.: 20.205 ‐ Highway Planning and
Construction
Budget Source Item No.: NA
AMENDMENT NO. ONE
TO
INTERGOVERNMENTAL AGREEMENT
AMONG
THE STATE OF ARIZONA,
THE COUNTY OF MARICOPA,
AND
THE MARICOPA ASSOCIATION OF GOVERNMENTS
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 COUNTY OF
MARICOPA, acting by and through its CHAIRMAN and BOARD OF SUPERVISORS (the “County”), and
the MARICOPA ASSOCIATION OF GOVERNMENTS, acting by and through its REGIONAL COUNCIL
(“MAG”). The State, the County, and MAG are collectively referred to as the “Parties.”
WHEREAS, the INTERGOVERNMENTAL AGREEMENT, IGA/JPA 13‐0002783‐I, A.G. Contract No.
P001 2013 002759, was executed on November 29, 2013, (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 County is empowered by A.R.S. §§§ 11‐251, 11‐952, and 28‐6701 to enter into this
Amendment No. One and has authorized the undersigned to execute this Amendment No. One on
behalf of the County; and
WHEREAS, MAG is empowered by A.R.S. §§ 28‐6308 and 28‐6353 to enter into this Amendment No.
One and has authorized the undersigned to execute this Amendment No. One on behalf of MAG; and
NOW THEREFORE, in consideration of the mutual terms expressed herein, the purpose of
this Amendment No. One is to consolidate projects T0153 01C (El Mirage Road Overpass)
and SZ092 01C (Dysart Road Overpass) into one single construction project SZ092 01C;
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IGA: 13‐0002783‐I
Amendment No. One: 19‐0007394‐I
revise the construction funding and program/apportionment years; revise and replace
Exhibit A accordingly.
The design for the El Mirage Road Overpass was completed under T0153 03D. The
construction of the El Mirage Road and Dysart Road Overpasses as one construction project
will occur after work is completed on Northern Parkway: Dysart Road to 111th Avenue
(SZ046). The Parties desire to amend the Original Agreement, as follows:
I. DEFINITIONS
Section I, the definition of “Project” is revised, as follows:
“Project” means the design and construction elements of the Northern Parkway, Dysart Road
Overpass and construction elements of Northern Parkway, El Mirage Road Overpass.
II. RECITALS
Section II, Paragraph 4. is revised, as follows:
4. The County and MAG wish to accelerate the design and construction phases of Northern
Parkway, Dysart Road Overpass and the construction phase of Northern Parkway, El Mirage
Road Overpass, as reflected in MAG’s TIP and/or ALCP.
III. SCOPE OF WORK
Section III, Paragraph 2.c. is revised, as follows:
2. The County will:
c. Program, approve and set aside funds for the total Project Costs, estimated Project
Costs are shown on Exhibit A, attached and made a part of this Agreement, which
includes the amount of Federal‐Aid Funding to be reimbursed as programmed in
MAG’s TIP and/or ALCP. If Federal‐Aid Funds are not available, the County agrees to be
responsible for the total actual costs of the Project, in accordance with the
intergovernmental agreement between the County and the Cities of El Mirage,
Glendale, and Peoria (C‐91‐09‐081‐M‐00) approved on December 17, 2008,
incorporated herein by reference.
IV. MISCELLANEOUS PROVISIONS
Section IV, Paragraphs 19. and 20. are added, as follows:
19. The County acknowledges and will comply with Title VI of the Civil Rights Act Of 1964.
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IGA: 13‐0002783‐I
Amendment No. One: 19‐0007394‐I
20. The Parties shall ensure that all contractors comply with the applicable requirements of
A.R.S. §35‐393.01.1
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 the Determination
Letter by the State’s Attorney General.
IN ACCORDANCE WITH A.R.S. § 11‐952 (D) attached and incorporated in this Amendment No. One
is the written determination of each Party’s legal counsel 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.
IN WITNESS WHEREOF, the Parties have executed this Amendment No. One the day and year first
above written.
MARICOPA COUNTY STATE OF ARIZONA
Department of Transportation
By ______________________________ By ______________________________
JENNIFER TOTH, PE STEVE BOSCHEN, PE
Transportation Director Division Director
By ______________________________
BILL GATES
Board of Supervisors
ATTEST:
By ______________________________
FRAN MCCARROLL
Clerk of the Board
MARICOPA ASSOCIATION OF GOVERNMENTS
By ______________________________
ERIC ANDERSON
Executive Director
1 In Jordahl v. Brnovich et al., Case No. 3:17‐cv‐08263 (D. Ariz.), the U.S. District Court entered a preliminary injunction that enjoins the
State from enforcing A.R.S. § 35‐393.01(A) (the “Anti‐Israel Boycott Provision”). That statute states that: “[a] public entity may not enter
into a contract with a company to acquire or dispose of services, supplies, information technology or construction unless the contract
includes a written certification that the company is not currently engaged in, and agrees for the duration of the contract to not engage in,
a boycott of Israel.” Unless and until the District Court’s injunction in Jordahl is stayed or lifted, the Anti‐Israel Boycott Provision (A.R.S. §
35‐393.01(A)) is unenforceable and the State will take no action to enforce it.
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IGA: 13‐0002783‐I
Amendment No. One: 19‐0007394‐I
ATTORNEY APPROVAL FORM FOR MARICOPA COUNTY
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, MARICOPA
COUNTY, and the MARICOPA ASSOCIATION OF GOVERNMENTS, an agreement among public
agencies which, has been reviewed pursuant to Arizona Revised Statutes §§ 11‐951 through 11‐954
and declare this Amendment No. One to be in proper form and within the powers and authority
granted to the County 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.
_____________________________________________________ ________________________________
County Attorney Date
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IGA: 13‐0002783‐I
Amendment No. One: 19‐0007394‐I
ATTORNEY APPROVAL FORM FOR THE MARICOPA ASSOCIATION OF GOVERNMENTS
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, MARICOPA
COUNTY, and the MARICOPA ASSOCIATION OF GOVERNMENTS, an agreement among public
agencies which, has been reviewed pursuant to Arizona Revised Statutes §§ 11‐951 through 11‐954
and declare this Amendment No. One to be in proper form and within the powers and authority
granted to MAG 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.
___________________________________________________ _________________________________
MAG General Counsel Date
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EXHIBIT A
IGA 13‐0002783‐I
Amendment No. One
Cost Estimate
Anticipated Year of
ADOT Project Project Federal AC Total Estimated Estimated Federal Reimbursement
TIP # Number Description Authorization Amount Amount Amount
Location ‐ Northern Parkway: Dysart Road Overpass Design
MMA15‐113DZ SZ092 03D Design 2017 $ 883,178.00
MMA20‐113DZ SZ092 03D Design 2017 $ 50,000.00 $ 50,000.00
MMA18‐113DZ SZ092 03D Design 2018 $ 782,837.00 $ 782,837.00
Total: $ 883,178.00 $ 832,837.00 $ 832,837.00
Location ‐ Northern Parkway: Dysart Road and El Mirage Road Overpasses Construction
MMA 20‐113CZ SZ092 01C Construction 2021 $ 30,322,000.00
MMA 21‐113CZ SZ092 01C Construction 2021 $ 6,125,000.00 $ 6,125,000.00
MMA 22‐113CZ SZ092 01C Construction 2022 $ 9,186,100.00 $ 9,186,100.00
Total: $ 30,322,000.00 $ 15,311,100.00 $ 15,311,100.00
Estimated TOTAL Project Costs $ 31,205,178.00