IGA WITH CITY OF PEORIA-HAPPY VALLEY PARKWAY.PDF

FIRST AMENDMENT TO THE INTERGOVERNMENTAL AGREEMENT
BETWEEN MARICOPA COUNTY AND THE CITY OF PEORIA
FOR IMPROVEMENTS TO: HAPPY VALLEY PARKWAY
FROM LOOP 303 TO LAKE PLEASANT PARKWAY
(T10568)
(C-64-0 -M-01)
This First Amendment to the Intergovernmental Agreement for Improvements to
Happy Valley Parkway from Loop 303 to Lake Pleasant Parkway (C-64-17-088-M-00)
(First Amendment) is entered into by and between the County of Maricopa, a body politic,
(County), and the City of Peoria, a municipal corporation (City); the County and the City
are collectively referred to herein as the Parties or individually as a Party.
RECITALS
A. The Parties have the legal capacity to enter into this First Amendment
pursuant to Arizona Revised Statutes (A.R.S.) § 11-951 et seq.
B. The Parties previously entered into an Intergovernmental Agreement (C-64-
17-088-M-00), recorded at Maricopa County Recorder No. 20170211061 (IGA) for
improvements to Happy Valley Parkway from Loop 303 to Lake Pleasant Parkway. The
IGA was effective on March 22, 2017, the date it was approved by the Maricopa County
Board of Supervisors.
C. The Project consists of: Widening Happy Valley Parkway to a six (6) lane
arterial road from Loop 303 to Lake Pleasant Parkway, accommodate additional traffic
volumes, bicycle traffic and pedestrians across the Agua Fria River bridge, construct south
leg improvements at Happy Valley Parkway at 100th Lane, and construct intersection and
signal upgrades at Happy Valley Parkway at 115th Avenue.
D. Happy Valley Parkway is owned and maintained by the County from Loop
303 to the Agua Fria River Bridge, including the bridge. Happy Valley Parkway is owned
and maintained by the City from the Agua Fria River Bridge to Lake Pleasant Parkway and
beyond.
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E. The Parties desire to amend the IGA, through this First Amendment, to
increase the County's cost share due to increased project costs.
NOW, THEREFORE, in consideration of the foregoing and the covenants herein set
forth, the Parties agree as follows:
AGREEMENT
1. Section 6 of the IGA is deleted in its entirety and replaced with the following:
Based on the cost estimate, the County has agreed to contribute an amount
not to exceed $5,068,000 as its share of the financial responsibility. The
County's cost share includes design fees and construction costs for the
portion of the Project currently owned and operated by the County.
2. Section 11.4 of the IGA is deleted in its entirety and replaced with the following:
The County shall cost share in the Project, not to include any City-requested
enhancements as described in Paragraph 9 of the Agreement. The County's
total cost share contribution shall not exceed $5,068,000.
3. Section 11.6 of the IGA is deleted in its entirety and replaced with the following:
At the completion of the sixty percent (60%) plans and specifications ,the
City invoiced the County and the County remitted to the City for the County's
share of the design fees and design contingency in the amount of $263,000.
4. Section 11.7 of the 1GA is deleted in its entirety and replaced with the following:
Upon the start of construction, and receipt of an invoice from the City, the
County shall remit payment to the City within thirty (30) days for fifty percent
(50%) of the County's cost share for construction costs. This payment is not
to exceed $2,402,500 and is anticipated to be paid in Fiscal Year 2019.
5. Section 11.8 of the IGA is deleted in its entirety and replaced with the following:
Upon the completion of annexation of Happy Valley Parkway from Loop 303
to the Agua Fria River, and receipt of an invoice from the City, the County
shall remit payment to the City within thirty (30) days for the remaining
fifty percent (50%) of the County's cost share for construction costs. This
payment is not to exceed $2,402,500 and is anticipated to be paid in Fiscal
Year 2020, however the County reserves the option to make this payment in
Fiscal Year 2019 if funds are available.
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6. Section 12.8 of the IGA is deleted in its entirety and replaced with the following:
At the completion of the sixty percent (60%) plans and specifications, the
City invoiced the County and the County remitted to the City for the County's
share of the design fees and design contingency in the amount of $263,000.
7. Section 12.9 of the IGA is deleted in its entirety and replaced with the following:
Upon the start of construction of the Project, the City shall invoice the County
for fifty percent (50%) of the County's total construction cost share, not to
exceed $2,402,500.
8. Section 12.10 of the IGA is deleted in its entirety and replaced with the following:
Upon the completion of annexation of the Project area from Loop 303 to
Agua Fria River, the City shall invoice the County for fifty percent (50%) of
the County's total construction cost share, not to exceed $2,402,500.
9, All other conditions of the IGA shall remain in full force and effect.
10. This First Amendment shall become effective as of the date it is approved by the
Maricopa County Board of Supervisors and may be filed with the Maricopa County
Recorder.
End of Agreement - Signature Page Follows
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IN WITNESS WHEREOF, the Parties hereto have executed this Agreement.
MARICOPA COUNTY CITY OF PEORIA
Recommended by: Recommended by:
ilk IP ° 20(1 att4.7)112- 1/.2 311i
Jenpifer oth, P. . Date Adina Lund, RE, Date
Trafipdtation Director Development and Engineering Director
Approved and Accepted by: 'Totted and accepted by:
1./1/ 4
, Chairman Date rat, Mayor Date
Board of Supervisors City oLlhoria
Attested by: Attested by:
Clerk of the Board Date City Clerk ate
APPROVAL OF DEPUTY COUNTY ATTORNEY AND CITY ATTORNEY
I hereby state that I have reviewed the proposed Second Amendment 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.
% AP 4
Deputy County Attorney Date tity Attorn y Date
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