IGA AMENDMENT 1 FOR WALL_SIGNED.PDF

143720-001
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AMENDMENT NO. 1 TO INTERGOVERNMENTAL AGREEMENT
(AGREEMENT NO. 143720) BETWEEN MARICOPA COUNTY AND THE
CITY OF PHOENIX FOR INSTALLATION AND OPERATION OF AN
INJECTION WELL PROXIMATE TO THE MARICOPA COUNTY CAVE
CREEK LANDFILL, LOCATED AT 3955 EAST CAREFREE HIGHWAY
This Amendment No. 1 to Agreement No. 143720 ("Agreement") is entered into by
Maricopa County, a political subdivision of the State of Arizona ("County"), and the
City of Phoenix, a municipal corporation of the State of Arizona ("City"). The county
and the City are collectively referred to as "Parties" or individually as "Party."
Recitals
A. The Agreement (No. 143720), an Intergovernmental Agreement ("IGA"), was
entered into on October 6, 2016 to provide for construction of an injection well near the
Maricopa County Cave Creek Landfill. The injection well should create a hydraulic
barrier to prevent further down-gradient migration of a trichloroethylene ("TCE") plume
toward the City's water supply wellfield.
B. On May , 2018, the Phoenix City Council approved this Amendment No.
1 to the Agreerdent (Ordinance No. S- 51;7, ).
C. The Parties mutually desire to amend the Agreement to supplement
responsibilities under this Agreement to provide for construction of a perimeter wall
around the injection well.
Amendment
1. The parties agree to supplement § 6 (Responsibilities of the County) of the
Agreement to add the following ¶ 6.5 as an additional County responsibility:
6.5. The County shall also construct a perimeter wall around the injection well
site according to the City's design standards and in compliance with industry-
standard plans and specifications that screens equipment within the well site
and blends to the extent practicable with the neighborhood. The County must
provide adequate time for the City to review design and construction details.
The County will be responsible for maintenance of the wall until the
remediation is completed. The County will be responsible for obtaining and
complying with all applicable state, county, and city permits related to
construction of the wall.
2. The parties agree to supplement § 7 (Responsibilities of the City) of the
Agreement to add the following 117.8 and ¶ 7.9 as additional City responsibilities:
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7.8. The City will promptly review design plans and submittals pertaining to the
penniter masonary wall to be constructed around the injection well property in a
similar fashion as walls and fencing constructed by nearby residents. Setbacks
provided by the City shall be used as appropriate to minimize impacts to
neighbors. The City will provide comments to the County within 15 calendar
days of the City's receipt of the design plans and submittals. The City will
reimburse the County for construction and maintenance of the wall, not to
exceed $185,000 without prior approval by the City. The City will facilitate the
county's construction and maintenance of the wall on the City's land parcel
obtained for the injection well (Maricopa County Parcel ID 211-33-020).
7.9 The City will cooperate with the County to develop and distribute information
pamphlets (or brochures) to describe the well injection project to nearby
neighborhood residents and to promptly respond to resident questions and/or
concerns regarding the project. Community involvement support will be
coordinated through the City's Water Services Department public information
officer. The City will promptly review and comment on public information
prepared for these purposes.
3. Except as otherwise amended, all other terms and conditions of the Agreement and
any prior amendments not in conflict will remain in full force and effect. If there is a
conflict or ambiguity among amendments and the Agreement, the most recent
amendment will only prevail and control if clear and unambiguous; and if not, the
original Agreement will govern to the extent necessary to support the intent of the
Agreement.
End of Amendment — Signature Page Follows
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IN WITNESS WHEREOF, the Parties have executed this Agreement on the date last
written below.
MARICOPA COUNTY CITY OF PHOENIX
Recornrnended by:
V"(adidz--72,)
Risk Manager Date
Approved and Accepted by: Approved and Accepted by:
OCT 0 8 2018
Steve Chucri, Chairman Date Kathry Sorenson., P.E. Date
Board of Supervisors Water Services Director
Attest by:
Fran McCarroll 09346
Clerk of the Board
APPROVAL OF DEPUTY COUNTY ATTORNEY
AND ATTORNEY FOR THE CITY OF PHOENIX
I hereby state that I have reviewed the proposed Intergovernmental Agreement
and declare the Agreement to be in proper form and within the powers and authority
granted to the Parties by their respective governing bodies under the laws of the State of
Arizona.
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