IGA AMENDMENT-RIGGS ROAD BRIDGE AT SONOQUI WASH 932013.PDF

When Recorded Return to:
Flood Control District of Maricopa County
2801 West Durango Street
Phoenix, AZ 85009-6399
AMENDMENT NO. 2
TO
INTERGOVERNMENTAL AGREEMENT
IGA FCD 2010A004
Between
MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION
and the
FLOOD CONTROL DISTRICT OF MARICOPA COUNTY
for the
RIGHTS-OF-WAY ACQUISITION, DESIGN, UTILITY RELOCATIONS, CONSTRUCTION, CONSTRUCTION
MANAGEMENT, AND OPERATION AND MAINTENANCE
of the
RIGGS ROAD BRIDGE AT SONOQUI WASH
MCDOT PROJECT NUMBER TT254
Agenda Item
This Amendment No. 2, to IGA FCD 2010A004 is entered into by and between Maricopa County, a
political subdivision of the State of Arizona, acting by and through the Maricopa County Department of
Transportation, hereinafter called the COUNTY, and the Flood Control District of Maricopa County, a
municipal corporation and political subdivision of the State of Arizona, acting by and through its Board of
Directors, hereinafter called the DISTRICT. The DISTRICT and COUNTY are hereinafter collectively
called the PROJECT PARTNERS.
This Amendment No. 2 shall become effective as of the date it has been executed by all parties and
recorded by the Maricopa County Recorder.
IGA FCD 2010A004 AMENDMENT NO. 2 PCN 480.04.32 PAGE 1 OF 8
LATEST REV. DATE 2/5/13

STATUTORY AUTHORIZATION
1. The DISTRICT is empowered by Arizona Revised Statutes (A.R.S.) Section 48-3603, as revised, to
enter into this Agreement and has authorized the undersigned to execute this Agreement on behalf of
the DISTRICT.
2. A.R.S. Sections 11 -251 and 28-6701 et seq. authorize the COUNTY to layout, maintain,
control and manage public roads within the County.
3. A.R.S. Sections 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. The DISTRICT developed the Queen Creek/Sanokai Wash Hydraulic Master Plan (HMP) to identify
and mitigate existing and future drainage and flooding problems in the southeastern area bounded by
Queen Creek, Pinal County, and the San Tan Mountains. The HMP recommended a preferred
regional solution to the identified flooding problems that includes a channel from the Pinal County
border discharging into Queen Creek Wash, identified as Sonoqui Wash Channelization project. The
second phase of that project, between Chandler Heights Road and Crismon Road, is hereinafter
referred to as the CHANNEL.
5. The COUNTY effected construction of a bridge on Riggs Road at Sonoqui Wash, identified as TT254
in its Transportation Improvement Program (TIP). The PROJECT, as referenced herein, is defined as
the Riggs Road Bridge over the CHANNEL at Sonoqui Wash.
5.1 The PROJECT specifically includes the subject bridge and associated piers, abutments, roadway
approaches, pavement, roadway landscaping, sidewalks, detour road and roadway/bridge
drainage requirements.
5.2 The PROJECT specifically excludes the CHANNEL and associated features (including the
CHANNEL approaching and under the PROJECT), which are the subject of existing and
potential future DISTRICT agreements with other entities.
6. On March 21, 2001, the Board of Directors of the DISTRICT adopted Resolution FCD 2001R001 (C-
69-05-076-6-00), authorizing the DISTRICT to negotiate Intergovernmental Agreements for the
design, rights-of-way acquisitions, construction, construction management, and operation and
maintenance of the CHANNEL and other HMP features.
7. On January 27, 2010, the Board of Directors of the DISTRICT approved IGAs FCD 2008A008A and
FCD 2009A011 between the DISTRICT and the Town of Queen Creek for the design, rights-of-way
acquisition, utility relocations, construction, construction management, operation and maintenance of
the CHANNEL, including a crossing at Riggs Road. Per the terms of these IGAs, the CHANNEL
will be turned over to the Town of Queen Creek for ownership, operations and maintenance following
completion.
8. In October 2010, the Board of Directors of the DISTRICT and the Board of Supervisors of Maricopa
County approved IGA FCD 2010A004 (C-69-11-013-3-00) establishing design, utility relocation,
IGA FCD 2010A004 AMENDMENT NO. 2 PCN 480.04.32 PAGE 2 OF 8
LATEST REV. DATE 2/5/13

construction, construction management, operation and maintenance responsibilities for the PROJECT
and associated funding responsibilities.
9. In May 2011, the Board of Directors of the DISTRICT and the Board of Supervisors of Maricopa
County approved Amendment No. 1 to IGA FCD 2010A004 (C-69-11-013-3-01 & C-91-11-042-M-
01) modifying the responsibilities for the PROJECT and associated funding responsibilities regarding
specific improvement elements, associated construction funding cost share responsibilities, and
roadway operation and maintenance responsibilities to accommodate the safety requirements of future
roadway improvements.
10. The CHANNEL, constructed in fiscal year 2012, included roadway improvements for Marsh Road
and 203'd Place that are to be accepted into the COUNTY's maintenance system. For these roadway
components of the CHANNEL, the DISTRICT requested the COUNTY to perform construction
management services including, but not limited to, construction staking and layout, materials testing
for quality assurance, and inspection
11. The CHANNEL is the second phase of a multi-phase Sonoqui Wash Channelization program. The
third phase is Sonoqui Wash Channelization Phase III, hereafter referred to as PHASE III, that
includes sub-phases IIIA-1, IIIA-2 and 1E3 Construction on Sub-Phases and BIA-2
commenced in 2012. Sub-Phase II1B will be implemented when funding by the DISTRICT is
available.
12. After substantial completion of construction of the PROJECT and CHANNEL, storm events occurred
in July 2012 that resulted in sheet overflow of Marsh Road, deposition of debris and sediment, and
erosion damage. The DISTRICT repaired the erosion damage and removed debris and sediment. In
the interim until full implementation of PHASE III is completed, Marsh Road is anticipated to be
subject to recurring sheet overflows and require maintenance for safety.
13. Both the COUNTY and the DISTRICT desire to amend IGA FCD 2010A004, regarding construction
management funding and maintenance cost share responsibilities, and roadway operation and offsite
stormwater related maintenance responsibilities associated with the CHANNEL.
PURPOSE OF THE AMENDMENT
14. The purpose of this Amendment No. 2 is to modify the funding and responsibilities for
construction management services and provide for interim maintenance for the Marsh Road
and 203rd Place components of the CHANNEL portion of the project due to offsite
stormwater flows.
TERMS OF THE AMENDMENT
15. The DISTRICT shall:
15.1 Credit the COUNTY against the COUNTY's PROJECT construction cost share, for the
COUNTY's costs of eligible Construction Management services requested by the DISTRICT
for Marsh Road and 203"1 Place including, but not limited to, construction staking and layout,
materials testing for quality assurance, and inspection, which is valued at $62,682.42.
15.2 Reimburse the COUNTY within thirty (30) days of receipt of invoice for actual costs incurred
by the COUNTY for maintenance activities, including removal of sediment and debris, which
IGA FCD 2010A004 AMENDMENT NO. 2 PCN 480.04.32 PAGE 3 OF 8
LATEST REV. DATE 2/5/13

results solely from offsite stormwater entering the roadway across the Marsh Road component
of the CHANNEL project.
15.2.1 The stormwater sheet overflow maintenance costs are estimated to be approximately two
thousand dollars ($2,000.00) per storm event that results in offsite stormwater flows
across Marsh Road.
15.2.2 The DISTRICT will reimburse the COUNTY for actual maintenance costs described in
paragraph 16.2 for the interim period until the final phase of construction of PHASE III is
deemed by the DISTRICT to be substantially complete.
15.3 The DISTRICT will maintain the Marsh Road box culvert structure flow capacity,
providing for removal of debris, trash, and sediment.
15.4 The DISTRICT will maintain the exposed surfaces of the channel-facing headwalls and
wing walls, the exposed interior structure surfaces (for example, graffiti treatment), and railings
along headwalls and wing walls.
16. The COUNTY shall:
16.1 Within thirty (30) days of the approval of this Amendment No. 2, accept into its maintenance
system the Marsh Road and 203rd Place improvements, culvert, and rights-of-way constructed
by the CHANNEL project.
16.2 Within fourteen (14) days of a storm event that results in offsite stormwater entering the
roadway across Marsh Road, and that requires the COUNTY to perform maintenance to
remove sediment and debris, the COUNTY will inform the DISTRICT that reimbursement
will be requested.
16.3 Within sixty (60) days of a storm event that results in offsite stormwater entering the roadway
across Marsh Road and that requires the COUNTY to perform maintenance to remove
sediment and debris, invoice the DISTRICT for the actual eligible maintenance costs incurred.
The invoice shall include documentation of actual costs incurred solely for maintenance
caused by offsite stormwater entering the roadway across Marsh Road.
16.4 After the DISTRICT deems PHASE III to be substantially complete, the COUNTY shall
assume responsibility for all maintenance costs of Marsh Road and 203 rd Place.
16.5 MCDOT will maintain the structural components of the Marsh Road box culvert structure
supporting the roadway, including the obligation to provide required periodic inspection and
reporting to state/federal agencies where applicable. If MCDOT receives any applications by
others to modify the structure, or if it intends to conduct such modifications itself, MCDOT will
forward such applications and plans to the DISTRICT Permits Section for review and comment
by the DISTRICT.
16.6 MCDOT will maintain the surfaces of roadway components such as pavement, curb, gutter,
and sidewalk.
17. This Amendment No. 2 governs where terms conflict with the original IGA FCD 2010A004 and
Amendment No.1 . However, the original IGA FCD 2010A004 and Amendment No.1 are applicable
IGA FCD 2010A004 AMENDMENT NO. 2 PCN 480.04.32 PAGE 4 OF 8
LATEST REV. DATE 2/5/13

unless specifically changed by this Amendment No. 2. The paragraph numbering in this Amendment
No. 2 is coincidental and is not intended to indicate that these same numbered paragraphs in the
original IGA FCD 2010A004 are being replaced.
18. Attached to this Amendment No.2 or contained herein are the written determinations by the
appropriate attorneys for the parties to this Amendment No.2, that these agencies are authorized under
the laws of the State of Arizona to enter into this Amendment No.2 and that it is in proper form.
19. If legislation is enacted after the effective date of this Amendment No.2 that changes the relationship
or structure of one or more parties to this Amendment No.2, the parties agree that this Amendment
No.2 shall be renegotiated at the written request of either party.
IGA FCD 2010A004 AMENDMENT NO. 2 PCN 480.04.32 PAGE 5 OF 8
LATEST REV. DATE 2/5/13

FLOOD CONTROL DISTRICT OF MARICOPA COUNTY
A Municipal Corporation
Recommended by:
Timothy S. Phillips, P.E. Date
Chief Engineer and General Manager
Approved and Accepted:
By:
Chairman, Board of Directors Date
Attest:
By:
Clerk of the Board Date
The foregoing Amendment No. 2 to Intergovernmental Agreement FCD 2010A004 has been reviewed
pursuant to Arizona Revised Statutes 11-952, as amended, by the undersigned Flood Control District
General Counsel, who has determined that it is in proper form and within the powers and authority
granted to the Flood Control District of Maricopa County under the laws of the State of Arizona.
Flood Control District General Counsel Date
IGA FCD 2010A004 AMENDMENT NO. 2 PCN 480.04.32 PAGE 6 OF 8
LATEST REV. DATE 2/5/13

MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION
A Municipal Corporation
Recommended By:
tdEg-zo 0
Date
Approved and Accepted By:
Chairman Date
Board of Supervisors
Attest By:
Fran McCarroll Date
Clerk of the Board
The foregoing Amendment No. 2 to Intergovernmental Agreement IGA FCD 2010A004 has been
reviewed pursuant to Arizona Revised Statutes 11-952, as amended, by the undersigned attorney who has
determined that it is in proper form and within the power and authority granted to the Maricopa County
Department of Transportation under the laws of the State of Arizona.
Attorney for Board of Supervisors Date
IGA FCD 2010A004 AMENDMENT NO. 2 PCN 480.0432 PAGE 7 OF 8
LATEST REV. DATE 2/5/13

IGA FCD 2010A004A
EXHIBIT "A"
i
•
• • @I mam HM4 Mtril N
III---
•• m
Project
I;. •• Location
Sonoqui • I
Wash • • A
Phase II • • Sonoqui Wash
Riggs Rad • I i Phase II
• • • • • • • • • • • • 00 •
m •
Sonoqui Wash
Phase IIIA-1 &
I IIIA-2
•
Mari ••
•
Email Cartimaty
Sonoqui Wash
Phase IIIB
IGA FCD 2010A004 AMENDMENT NO. 2 PCN 480.0432 PAGES OF 8
LATEST REV. DATE 2/5/13