RIGGS ROAD ELLSWORTH - MERIDIAN 12.11.2015.DOCX

FIRST AMENDMENT TO THE INTERGOVERNMENTAL AGREEMENT
BETWEEN MARICOPA COUNTY AND THE TOWN OF QUEEN CREEK
FOR THE PHASE II DATA RECOVERY ARCHAEOLOGICAL
INVESTIGATION AND DESIGN MODIFICATION OF RIGGS ROAD
FROM ELLSWORTH ROAD TO MERIDIAN ROAD
Project# TT251
(C-91-11-136-M-01)
This First Amendment to the Intergovernmental Agreement (IGA) for the Phase II Data
Recovery Archaeological Investigation and Design Modification of Riggs Road from Ellsworth
Road to Meridian Road (C-91-11-136-M-00) (“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 February 9, 2011, the Parties entered into an IGA (C-91-11-136-M-00) regarding
the Phase II Data Recovery Archaeological Investigation and Design Modification of
Riggs Road from Ellsworth Road to Meridian Road (the “2011 IGA”).
5. The 2011 IGA defined the County as the lead agency for the data recovery and the
phase II archaeological investigation, right-of-way identification and the design of the
interim phase of the project.
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6. The interim phase would include a two-lane roadway in each direction with a median
and right-of-way acquisition for the ultimate configuration, and the project would be
designed and built to Queen Creek standards.
7. Paragraph 12 of the 2011 IGA stated that the County will contribute the necessary
amount of local funding (currently estimated as $120,895 or 5.7 percent of the cost) to
match the federal award received by Queen Creek for the archaeological investigation.
8. Paragraph 12 of the 2011 IGA also stated that the County would contribute up to an
additional $1,879,105 (a maximum cumulative County contribution of $2 million) to any
added costs associated with the archaeological investigation and the costs of
elements of the design and future construction of the interim phase of Riggs Road
from Meridian Road to Ellsworth Road.
9. The Parties agree that the County shall pay for the design of the interim phase of
Riggs Road from Ellsworth Road to Meridian Road, located within the jurisdictional
boundary of Maricopa County.
10. The County cannot legally expend its funding outside of the jurisdictional boundary of
Maricopa County.
11. Queen Creek has requested that the design be extended to include a segment of
Riggs Road (Combs Road) east of the Meridian Road intersection to provide an
appropriate transition between the intersection and the connecting roadway (the
“Additional Work”). Combs Road is located in Pinal County, but is under the jurisdiction
of Queen Creek.
12. Queen Creek will pay for the cost of any additional work associated with the portions
of the Project (as defined in Paragraph 15 of this First Amendment) that are located
outside of Maricopa County, including but not limited to the design and environmental
clearance that are the primary subjects of this First Amendment.
13. As provided in the 2011 IGA, Paragraph 13, a subsequent intergovernmental
agreement would need to be prepared to identify the roles and responsibilities of each
Party to complete the construction of the Project.
PURPOSE OF THE FIRST AMENDMENT
14. The purpose of this First Amendment is to amend the 2011 IGA to revise the
responsibilities of the County and Queen Creek for the Project, including but not limited
to the definition of the Project, environmental clearance, right-of-way identification,
design and cost sharing.
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TERMS OF THE FIRST AMENDMENT
15. Paragraph 4 of the 2011 IGA is deleted in its entirety and replaced with the following:
“4. It was envisioned that the improvement would be a six lane divided Principal
Arterial roadway. Due to financial constraints and timing considerations it is not
feasible to build a full six-lane cross section at this time. However, the
construction of an interim phase would help ease the congestion on the
existing roadway network. The project will include an interim 3-lane roadway
with one lane in each direction a center two-way turn lane to form the ultimate
three west bound lanes, right-of-way acquisition for the interim configuration,
and utility relocation, and the project would be designed and built to Queen
Creek standards (“the Project”). At the intersections of Ellsworth and
Rittenhouse, Riggs Road will be widened to accommodate anticipated
additional capacity to meet the projected average daily travel (ADT) needs of
2030.”
16. Paragraph 12 of the 2011 IGA is deleted in its entirety and replaced with the following:
“12. The County will contribute the necessary amount of local funding (currently
estimated at $120,895 or 5.7 percent of the cost) to match the federal award
received by Queen Creek for the archaeological investigation. The County
shall pay for the environmental clearance and design of the interim phase of
Riggs Road from Ellsworth Road to Meridian Road, located within the
jurisdictional boundary of Maricopa County. The County environmental
clearance cost is currently estimated at $27,000, and the County design cost
is currently estimated at $1,043,000.”
17. Paragraph 17.1 of the 2011 IGA is deleted in its entirety and replaced with the following:
“17.1. The County shall act as the lead agency for the data recovery and the phase II
archaeological investigation, environmental and utility clearance, right-of-way
identification excluding acquisition, and the design of the Project.”
18. Paragraph 17.5 of the 2011 I GA is deleted in its entirety and replaced with the following:
“17.5. The County shall be responsible for Project costs as prescribed in Paragraph
12 of the Agreement.”
19. A new Paragraph 17.7 is added to the 2011 IGA, to read:
“17.7 The County shall invoice Queen Creek for Queen Creek’s estimated cost
share for the design associated with the portions of the Project located
outside of Maricopa County upon execution of this First Amendment. Upon
completion of the design and determination of the actual cost of design
associated with the portions of the Project located outside of Maricopa
County, the County shall reimburse Queen Creek for any overpayment or
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invoice Queen Creek for any underpayment, as applicable. The estimated
cost for design related to the portions of the project outside of Maricopa
County is $79,000.”
20. A new Paragraph 17.8 is added to the 2011 IGA, to read:
“17.8 The County shall invoice Queen Creek for Queen Creek’s estimated cost
share for the environmental clearance associated with the portions of the
Project located outside of Maricopa County upon completion of the
environmental clearance. The estimated cost for the environmental clearance
related to portions of the project outside of Maricopa County is $3,000.”
21. A new Paragraph 18.6 is added to the 2011 IGA, to read:
“18.6 Queen Creek shall be responsible for the estimated cost of design associated
with the portions of the Project located in Pinal County and shall remit
payment to the County within thirty (30) days of receipt of any invoice from
the County. The estimated cost for design related to the portions of the
project outside of Maricopa County is $79,000.”
22. A new Paragraph 18.7 is added to the 2011 IGA, to read:
“18.7 Queen Creek shall be responsible for the estimated cost of environmental
clearance associated with the portions of the Project located in Pinal County
and shall remit payment to the County within thirty (30) days of receipt of an
invoice from the County. The estimated cost for the environmental clearance
related to portions of the project outside of Maricopa County is $3,000.”
23. 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.
24. To the extent that this First Amendment changes the terms of the 2011 IGA, this First
Amendment shall supersede and replace the previous terms in original agreement.
25. Paragraph 23 of the 2011 IGA is deleted in its entirety.
26. The terms of the 2011 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:
Jennifer Toth, P.E. Date
Transportation Director
Approved and Accepted by: Approved and Accepted by:
,Chairman Date Gail Barney Date
Board of Supervisors Queen Creek Mayor
Attest by: Attest by:
Fran McCarroll Date Jennifer Robinson 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.
Deputy County Attorney Date Queen Creek Attorney Date
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