IGA AMENDMENT FOR RIGGS RD FROM ELLSWORTH RD TO HAWES RD.PDF

FIRST AMENDMENT TO THE INTERGOVERNMENTAL AGREEMENT
BETWEEN MARICOPA COUNTY AND THE TOWN OF QUEEN CREEK
FOR THE IMPROVEMENTS, OPERATION, MAINTENANCE AND
ANNEXATION OF RIGGS ROAD
FROM ELLSWORTH ROAD TO HAWES ROAD
AND THE OPERATION, MAINTENANCE AND ANNEXATION OF
THE RIGGS ROAD BRIDGE OVER SONOQU1WASH
(TT375 and TT254)
(C-64-12-006-M-01)
This First Amendment to the Intergovernmental Agreement (IGA) for the Improvements, Operation,
Maintenance and Annexation of Riggs Road from Ellsworth Road to Hawes Road and the Operation,
Maintenance and Annexation of the Riggs Road Bridge over Sonoqui Wash (C-64-12-006-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 ("Queen Creek"); the County and Queen Creek 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 Queen Creek to layout, maintain, control and
manage public roads within Queen Creek.
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 April 11, 2012, the Parties entered into an 1GA (C-64-12-006-M-00) regarding the
improvements, operation, maintenance and annexation of Riggs Road from Ellsworth Road to
Hawes Road and the operation, maintenance and annexation of the Riggs Road Bridge over
Sonoqui Wash (the "20121GA").
5. The 2012 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.
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6. Paragraph 9 of the 2012 IGA defined the Project as widening of Riggs Road from an existing
two-lane roadway to a five-lane roadway that includes two (2) travel lanes in each direction
with a continuous center left-turn lane. Improvements will include the installation of a right-turn
only lane on westbound Riggs Road for northbound travel onto Hawes Road, the installation of
a right-turn only lane on southbound Hawes Road for westbound travel onto Riggs Road, the
installation of left-turn only lanes on Hawes Road for east/west travel on Riggs Road and
infrastructure for a future traffic signal. Improvements will also include bike lanes, curb, gutter,
and storm drainage.
7. Paragraph 12.6 of the 2012 IGA stated that Queen Creek shall begin the annexation of all
unincorporated portions of Riggs Road within the limits of the Project including the Riggs Road
Bridge on or before the day that is five (5) years after the final inspection and acceptance of
the Project, and shall complete the annexations within a six (6) month period.
8. Paragraph 12.7 of the 2012 IGA stated that Queen Creek shall assume all operation and
maintenance responsibilities of the Project area on the day that is five (5) years after the final
inspection and acceptance of the Project.
Paragraph 12.8 of the 2012 1GA stated that Queen Creek shall assume all operation and
maintenance responsibilities for the Riggs Road Bridge five (5) years after the final inspection
and acceptance of the Riggs Road Bridge.
10. The Parties desire to modify the 2012 IGA to provide that Queen Creek:
10.1 Be financially responsible for the cost to install conduit and pull boxes for a future traffic
signal at the intersection of Riggs Road and Hawes Road, to complete the Intelligent
Transportation Systems (ITS) infrastructure between Hawes Road and Ellsworth Road,
currently estimated at $51,000.
10.2 Begin the annexation of all unincorporated portions of Riggs Road within the limits of the
Project, including the Riggs Road Bridge, upon final inspection and acceptance of the
Project and complete the annexations within a six (6) month period after the final
inspection and acceptance of the Project.
10.3 Assume all operation and maintenance responsibilities of the Project area after the final
inspection and acceptance of the Project.
10.4 Assume all operation and maintenance responsibilities for the Riggs Road Bridge after
the final inspection and acceptance of the Riggs Road Bridge.
11. The County completed a traffic warrant study in 2015 at the intersection of Riggs Road and
Hawes Road. Results indicate that warrants are met for a traffic signal.
PURPOSE OF THE FIRST AMENDMENT
12. The purpose of this First Amendment is to amend the 2012 1GA to revise the responsibilities of
the County and Queen Creek for the Project, including but not limited to the improvements,
operation, maintenance and annexation of the Project and the operation, maintenance and
annexation of the Riggs Road Bridge.
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TERMS OF THE FIRST AMENDMENT
13. Paragraphs 11.4 and 11.5 of the 2012 IGA are deleted in their entirety and replaced with new
Paragraphs 11.4, 11.5 and 11.6, to read:
"11.4 County shall invoice Queen Creek for the estimated cost to install conduit and pull
boxes for a future traffic signal at the intersection of Riggs Road and Hawes Road, to
complete the ITS infrastructure between Hawes Road and Ellsworth Road, currently
estimated at $51,000, before beginning the work associated with the conduit and pull
boxes.
11.5 Upon completion of construction of the Project, the County shall either:
"11.5.1 Invoice Queen Creek for any balance owed by Queen Creek in order to
accomplish Queen Creek's total cost share in accordance with this
Agreement; or
1 11.5.2 Request Queen Creek to invoice the County for any balance owed by the
County in order to accomplish Queen Creek's total cost share in
accordance with this Agreement, and remit payment to Queen Creek within
thirty (30) working days of receipt of a proper invoice from Queen Creek.
"11.6 If applicable as provided under Paragraphs 11.5.2 and 12.12 of this Agreement, the
County shall remit payment within (30) days of receipt of any proper invoice from
Queen Creek."
14. Paragraph 12.6 of the 2012 IGA is deleted in its entirety and replaced with the following:
"12.6 After the final inspection and acceptance of the Project, Queen Creek shall begin the
annexation of all unincorporated portions of Riggs Road within the limits of the
Project including the Riggs Road Bridge, and shall complete the annexations within a
six (6) month period."
15. Paragraph 12.7 of the 2012 IGA is deleted in its entirety and replaced with the following:
"12.7 After the final inspection and acceptance of the Project, Queen Creek shall assume all
operation and maintenance responsibilities of the Project area."
16. Paragraph 12.8 of the 2012 IGA is deleted in its entirety and replaced with the following:
"12.8 After the final inspection and acceptance of the Riggs Road Bridge, Queen Creek
shall assume operation and maintenance responsibilities for the Riggs Road Bridge."
17. A new Paragraph 12.9 is added to the 2012 IGA, to read:
12.9 Queen Creek shall be responsible for the cost to install conduit and pull boxes for a
future traffic signal at the intersection of Riggs Road and Hawes Road, to complete
the Intelligent Transportation Systems (ITS) infrastructure between Hawes Road and
Ellsworth Road, currently estimated at $51,000. Queen Creek shall also be financially
responsible for the design and construction of the traffic signal at the intersection of
Riggs Road and Hawes Road if undertaken in the future."
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18. A new Paragraph 12.10 is added to the 2012 IGA, to read:
"12.10 Queen Creek shall be responsible for the operations and maintenance of the traffic
signal at the intersection of Riggs Road and Hawes Road."
19. A new Paragraph 12.11 is added to the 2012 IGA, to read:
"12.11 Queen Creek shall remit payment within (30) days of receipt of any proper invoice
from the County."
20. A new Paragraph 12.12 is added to the 2012 IGA, to read:
"12.12 If applicable as provided under Paragraph 11.5.2 of this Agreement, Queen Creek
shall invoice the County for any balance owed by the County in order to accomplish
Queen Creek's total cost share in accordance with this Agreement."
21. Paragraph 17 of the 2012 IGA is deleted in its entirety.
22. 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.
22. To the extent that this First Amendment changes the terms of the 2012 IGA, this First
Amendment shall supersede and replace the previous terms in original agreement.
23. The terms of the 2012 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:
c261 1.0 Nilo
Jennifer Toth, PTE:__ Date
Transipoitation Director
Approved and Accepted by: Approved and Accepted by:
Clint Hickman, Chairman Date Gail Barney
Board of Supervisors Queen Creek Mayor
Attest by: Attest by:
(A-4 ,q_aiLf\e1/1
--
Fran McCarroll Date Jqnnifer Robison Date
Clerk of the Board Queen Creek Clerk
APPROVAL OF COUNTY ATTORNEY AND QUEEN CREEK ATTORNEY
I hereby state that I 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.
774
Deputy County Attorney Date ueen Creek Attorney
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