IGA WITH TOWN OF QUEEN CREEK 12-7-2016.PDF

FIRST 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
(TT 406)
(C-64-15-136-M-01)
This First Amendment to the Intergovernmental Agreement (IGA) for the Improvement of Riggs Road from
Power Road to Hawes Road (C-64-15-136-M-01) (First 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 First 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 IGA),
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. The Town had previously negotiated with the Queen Creek Irrigation District (QCID) to replace
approximately 8,300 linear feet of thirty-six inch (36”) irrigation pipe in the Riggs Road segment
from Power Road west to Hawes Road.
7. The Town shall be financially responsible for any and all cost related to the, including the design,
removal and construction of the irrigation pipe that belongs to QCID, currently estimated at
$3,500,000.
8. 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.
9. The County will not be responsible for any operations or maintenance of the replaced irrigation
pipe.
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10. Both Parties have mutually agreed to modify the existing 2015 IGA to allow the replacement of the
irrigation pipe and allow the County to seek reimbursement from the Town for all costs associated
with replacement of the irrigation pipe.
PURPOSE OF THE FIRST AMENDMENT
11. The purpose of this First 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 QCID irrigation pipe.
TERMS OF THE FIRST AMENDMENT
12. Anew Paragraph 11.6 is added to the 2015 IGA, to read:
“41.6. The County shall pay QCID directly for replacements costs of the QCID irrigation pipe
upon receiving a proper invoice.”
13. Anew Paragraph 11.7 is added to the 2015 IGA, to read:
“141.7. The County shall invoice the Town for half of the estimated cost $1,270,000 after July 1,
2017, for the replacement costs of the QCID irrigation pipe. Upon completion of the
irrigation pipe work the County shall either invoice the Town for the remaining balance of
the actual costs of the irrigation pipe work or refund to the Town any surplus funds
collected from the Town for the work.”
14. Anew Paragraph 12.5 is added to the 2015 IGA, to read:
“12.5, The Town shall be financially responsible for any and all cost related to the, including the
design, removal and construction of the irrigation pipe that belongs to QCID, currently
estimated at $1,270,000, within the boundaries of the Project.”
15. Anew Paragraph 12.6 is added to the 2015 IGA, to read:
“42.6. The Town shall remit payment within thirty (80) days of receipt of any invoices from the
County.”
16. This First Amendment shall become effective as of the date it is approved by the Maricopa County
Board of Supervisors and the Queen Creek Town Council.
17. To the extent that this First Amendment changes the terms of the 2015 IGA, this First Amendment
shall supersede and replace the previous terms in original agreement.
18. The terms of the 2015 IGA not in conflict with this First Amendment shall remain in full force and
effect.
End of First Amendment - Signature Page Follows
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IN WITNESS WHEREOF, the Parties have executed this First Amendment.
MARICOPA COUNTY TOWN OF QUEEN CREEK
Recommended by: Recommended by:
Director
Transportation
Approved and Accepted by: Approved and Accepted by:
J bei COAL
D
4) Abie
Clint Hickman ,Chairman Date Gail Barney Z Date
Board of Supervisors Queen Creek Mayor
Attest by: Attest by:
Virdee wbille
Fran McCarroll Date Robingon Date
lppniter
Clerk of the Board een Creek Clerk
APPROVAL OF COUNTY ATTORNEY AND QUEEN CREEK ATTORNEY
| hereby state that | have reviewed the proposed First Amendment and declare the First Amendment 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.
Drie foo — y/o
4
Deputy County Attorney Date Queen Creek Attorney Date
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