2024-01-11_TT0342-MCKELLIPS-- PC 505 --IGA-AMEND1-TWO-PHASES-C64-20-169-M-6-1-1--A.PDF

OFFICIAL RECORDS OF
MARICOPA COUNTY RECORDER
STEPHEN RICHER
20220736424 09/27/2022 08:08
ELECTRONIC RECORDING
WHEN RECORDED RETURN TO:
Maricopa County Department of Transportation C64 2 0_169_M-6-1-1--A
Intergovernmental Relations Branch Garciac
FIRST AMENDMENT TO THE INTERGOVERNMENTAL AGREEMENT
BETWEEN MARICOPA COUNTY AND THE SALT RIVER PIMA-MARICOPA
INDIAN COMMUNITY FOR THE IMPROVEMENTS TO MCKELLIPS ROAD
FROM STATE ROUTE 101 TO ALMA SCHOOL ROAD
TT#0342
(C-64-20-169-M-01)
APPROVED BY THE MARICOPA COUNTY BOARD OF SUPERVISORS
ON THE 1474 DAY OF SEPTEMBER 2022
DO NOT REMOVE
This is part of the official document
MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION

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FIRST AMENDMENT TO THE INTERGOVERNMENTAL AGREEMENT
BETWEEN MARICOPA COUNTY AND THE SALT RIVER PIMA-MARICOPA
INDIAN COMMUNITY FOR THE IMPROVEMENTS TO MCKELLIPS ROAD
FROM STATE ROUTE 101 TO ALMA SCHOOL ROAD
(C-64-20-169-M-01)
This First Amendment to the Intergovernmental Agreement (Agreement) for
Improvements to McKellips Road from State Route 101 to Alma School Road Project is
entered into by and between the Maricopa County, a political subdivision of the State of
Arizona (County), and Salt River Pima-Maricopa Indian Community (SRP-MIC), a
federally-recognized sovereign Indian Tribe established by Executive Order 1416. The
County and SRP-MIC are collectively referred to as the Parties or individually as a Party.
STATUTORY AUTHORIZATION
1. A.R.S. §§11-251 and 28-6701, ef seq., authorizes the County to layout, maintain,
control, and manage public roads within its respective County, to acquire and
condemn property necessary for such purposes, and to enter into this Agreement.
2. ARS. § 11-951, ef seg., provides that public agencies may enter into
Intergovernmental Agreements for the provision of services or for joint or
cooperative action.
3. Article Vil, Section 1(h) of the Constitution of the SRP-MIC authorizes the SRP-
MIC Community Council to consult, negotiate, contract, and conclude and perform
agreements with Federal, state, and local governments and Indian Tribes, as well
as any person, association, partnership, corporation, government or other private
entity.
BACKGROUND
4. The Parties previously entered into an Agreement (C-64-20-169-M-00), recorded
at Maricopa County Recorder No. 20200452527 (Agreement), for widening
McKellips Road to four through lanes with a raised median, curb, gutter, bike lanes,
sidewalk, drainage, traffic signals, traffic signal interconnect, intersection lighting,
private utility coordination and relocation, and right-of-way and easement
acquisition (Project). The Agreement was effective on May 13, 2020, the date it
was approved by the Maricopa County Board of Supervisors.

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The Agreement identified the financial responsibilities of the County and SRP-MIC
for the Project.
The original estimate to construct the Project was $22,653,714, which included
SRP-MIC contributing $6,300,000 to upgrade an existing water line and an existing
sewer line and installing infrastructure for future street lighting and landscaping to
SRP-MIC standards.
The County's financial contribution was estimated to be $16,353,714, including
designing, permitting, environmental clearance, right-of-way acquisition, utility
relocation, construction, and construction management.
Based on the initial bid result being higher than expected, the Parties have chosen
to separate the Project into two (2) phases. The Water and Sewer infrastructure
upgrades (Phase I) and the McKellips Road improvements (Phase Il).
AGREEMENT
10. County shall:
10.1. Be financially responsible for its share of the total construction costs of
Phase |, currently estimated at $1,580,000.
10.2 Be financially responsible for its share of the total construction costs of
Phase Il, currently estimated at $13,550,000.
10.3 Upon Notice to Proceed for Construction, invoice SRP-MIC for its financial
contribution to Phase | total construction cost, currently estimated at
$9,230,000.
10.4 Upon Notice to Proceed for Construction, invoice SRP-MIC for its financial
contribution to Phase Il total construction cost, currently estimated at
$420,000.
10.5 Reimburse the SRP-MIC if the actual construction cost is less than the
current construction estimate or invoice the SRP-MIC if the actual
construction cost is over the current construction estimate.
11. SRP-MIC shall:
11.1. Be financially responsible for its share of the total construction costs of
Phase |, currently estimated at $9,230,000.

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11.2 Be financially responsible for its share of the total construction costs of
Phase Il, currently estimated at $420,000.
11.3. Pay any invoices received within 30 days.
11.4 Upon completion of Phase |, operate and maintain the Water Line.
11.5 Upon completion of Phase II and installing the sewer manhole linings,
operate and maintain the Sewer Line.
12. All conditions of the 2020 Agreement not modified by this First Amendment shall
remain in full force and effect.
13. This First Amendment shall become effective as of the latter date it is approved by
the Maricopa County Board of Supervisors and the SRP-MIC Council.
14. This First Amendment is subject to cancelation pursuant to A.R.S. Sec. 38-511.
End of Agreement - Signature Pages Follow

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IN WITNESS WHEREOF, the Parties have executed this Agreement.
SALT RIVER PIMA-MARICOPA INDIAN COMMUNITY
Approved and Accepted by:
A
Ho
Martin] Harvier
President
Attest by:
ee Te
3/ 23/3-9-
(Cribal Secretary ’ Date
APPROVAL OF SRP-MIC ATTORNEY
| hereby state that | 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.
Nuceole L King 08/10/22
Attorney for SRP-MIC Date

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IN WITNESS WHEREOF, the Parties have executed this Agreement.
MARICOPA COUNTY Recommended
by:
DocuSigned by:
| Jewnifr Tote 7/28/2022
Jennifer Toth, P.E. Date
Transportation Director
Approved and Accepted by:
“BLO ot SEP 14 2022
_
Chairman Date
Board of Supervisors
Attest by:
Puede SEP 14 2002
w
Glérk of the Board | Date
APPROVAL OF DEPUTY COUNTY ATTORNEY
The foregoing Agreement has been reviewed pursuant to A.R.S. 11-952, as amended, by
the undersigned Deputy County Attorney, who has determined that it is in proper form
and within the powers and authority granted to the County by the Board of Supervisors
under the laws of the State of Arizona.
BocuSigned by:
Wayne Prk 7/28/2022
Deputy County Attorney Date