SECOND AMENDMENT TO IGA.PDF

SECOND AMENDMENT TO THE INTERGOVERNMENTAL AGREEMENT
BETWEEN MARICOPA COUNTY AND THE TOWN OF QUEEN CREEK
FOR THE IMPROVEMENT OF RIGGS ROAD
FROM POWER ROAD TO HAWES ROAD
(TT0406)
(C-64-15-136-M-02)
This Second Amendment to the Intergovernmental Agreement (IGA) for the Improvement of Riggs Road
from Power Road to Hawes Road (C-64-15-136-M-02) (Second Amendment) is entered into between
the County of Maricopa, a body politic, acting through the Maricopa County Department of
Transportation (County), and the Town of Queen Creek, an Arizona municipal corporation (Town); the
County and Town are collectively referred to in this Second Amendment as the Parties or individually
as a Party.
STATUTORY AUTHORIZATION
1 A.R.S. §§11-251 and 28-6701 et seq. authorize the County to layout, maintain, control and
manage public roads within the County.
2. A.R.S. §§9-240 and 9-276 et seq. authorize the Town to layout, maintain, control and manage
public roads within the Town.
3. A.R.S. §11-951 et seq. authorize public agencies to enter into Intergovernmental Agreements
for the provision of services or for joint or cooperative action.
BACKGROUND
4. On July 22, 2015, the Parties entered into an IGA (C-64-15-136-M-00) regarding the
improvement of Riggs Road from Power Road to Hawes Road (2015 !GA),
5. The 2015 IGA defined the County as the lead agency for the Project, to include but not be limited
to the design, utility relocation, environmental clearance, right-of-way acquisition, construction,
and construction management.
6. Paragraph 9 of the 2015 IGA also stated that the County would contribute $2,230,000 to the
cost associated with the utility relocation of this Project. This amount will be deducted from the
estimated $3,500,000, leaving a cost of $1,270,000 to be incurred by the Town.
7. As part of the utility relocation, there is additional construction costs to power distribution lines
that were not eligible to be covered by Salt River Project Aesthetic Funds. The construction
costs are currently estimated at $138,000.
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8. The Town has requested that in conjunction with MCDOT Project TT0406 improvements, that
existing water and wastewater lines that are operated and maintained by an Improvement
District, be replaced in the Riggs Road segment from Power Road west to Hawes Road.
The Town shall be financially responsible for any and all cost related to the, including the design,
removal and construction of the water and wastewater lines, currently estimated at $522,000.
10. The County will not be responsible for any operations or maintenance of the replaced water and
wastewater lines.
11. Both Parties have mutually agreed to modify the existing 2015 IGA to allow the replacement of
the water and wastewater lines and the additional work for the power distribution lines that were
not eligible to be covered by Salt River Project Aesthetic Funds.
12. The County seeks reimbursement from the Town for all costs associated with replacement of
the water and wastewater lines and power distribution lines.
PURPOSE OF THE SECOND AMENDMENT
13. The purpose of this Second Amendment is to amend the 2015 IGA to revise the responsibilities
of the County and Town for the Project, including but not limited to the improvement of Riggs Road
from Power Road to Hawes Road and the replacement of the QC1D irrigation pipe.
TERMS OF THE SECOND AMENDMENT
14. A new Paragraph 11.8 is added to the 2015 1GA, to read:
11.8. The County shall include the additional design and construction of the Maricopa
Improvement District water and wastewater lines."
15. A new Paragraph 11.9 is added to the 2015 EGA, to read:
11.9. The County shall invoice the Town for the estimated cost of $522,000 for the Maricopa
Improvement District water and wastewater lines at least thirty (30) days before the
start of work.
16. A new Paragraph 11.10 is added to the 2015 IGA, to read:
"11.10 Upon completion of the work the County shall, based on the actual final costs, either
invoice the Town for the remaining balance of the actual costs of the work or refund to
the Town any surplus funds collected from the Town for the work."
17. A new Paragraph 12.7 is added to the 20151GA, to read:
12.7. The Town shall be financially responsible for any and all cost related to the water and
wastewater line, including the design, removal and construction belonging to the
Improvement District, currently estimated at $522,000, within the boundaries of the
Project.
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18. A new Paragraph 12.8 is added to the 2015 1GA, to read:
"12.8 Upon completion of the work the Town shall, based on the actual final costs, either
submit payment to the County for the remaining balance of the actual costs of the work
or invoice the County any surplus funds collected from the County for the work."
19. A new Paragraph 12.9 is added to the 2015 1GA, to read:
12.9. The Town shall be financially responsible for the additional construction cost to convert
power distribution lines that were not eligible to be covered by Salt River Project
Aesthetic Funds, currently estimated at $138,000, at feast thirty (30) days before the
start of work."
20. This Second Amendment shall become effective as of the date it is approved by the Maricopa
County Board of Supervisors and the Queen Creek Town Council.
21. To the extent that this Second Amendment changes the terms of the 2015 IGA, this Second
Amendment shall supersede and replace the previous terms in original agreement.
22. The terms of the 2015 IGA not in conflict with this Second Amendment shall remain in full force
and effect.
End of Second Amendment - Signature Page Follows
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IN WITNESS WHEREOF, the Parties have executed this Second Amendment.
TOWN OF QUEEN CREEK 1111ARICOPA COUNTY
Recommended by:
e:V/ sin
ctriposs Date Jenni er oth, RE,
Town Manager TrafisKortation Director
Approyed and ccepted by: Approved and Accepted by:
(-16 K"-C-
Gail Barney Date Denny Barney, Chairman Date
Mayor Board of Supervisors
Attest by: Attest by:
Clerk of the Board Date
APPROVAL OF TOWN ATTORNEY AND COUNTY ATTORNEY
hereby state that I have reviewed the proposed Intergovernmental Agreement and declare the
Agreement to be in pr 49r form and within the powers and authority granted to the Parties by
their rp,spective goyerp- bojies under the laws of the State of Arizona.
Town Attorney Date Deputy County Attorney Date
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