SIGNED IGA AMENDMENT TT0342 MCKELLIPS ROAD.PDF
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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, et 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. A.R.S. § 11-951, et seq., provides that public agencies may enter into Intergovernmental Agreements for the provision of services or for joint or cooperative action. 3. Article VII, 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. DocuSign Envelope ID: 75CA1ED3-6812-4EAF-8BDD-A23F35E65578 5. The Agreement identified the financial responsibilities of the County and SRP-MIC for the Project. 6. 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. 7. 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. 8. 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 II). AGREEMENT 10. County shall: 10.1 Be financially responsible for its share of the total construction costs of Phase I, currently estimated at $1,580,000. 10.2 Be financially responsible for its share of the total construction costs of Phase II, currently estimated at $13,550,000. 10.3 Upon Notice to Proceed for Construction, invoice SRP-MIC for its financial contribution to Phase I 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 II 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 I, currently estimated at $9,230,000. DocuSign Envelope ID: 75CA1ED3-6812-4EAF-8BDD-A23F35E65578 11.2 Be financially responsible for its share of the total construction costs of Phase II, currently estimated at $420,000. 11.3 Pay any invoices received within 30 days. 11.4 Upon completion of Phase I, 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 DocuSign Envelope ID: 75CA1ED3-6812-4EAF-8BDD-A23F35E65578 uocubign envelope IU: /bCA1tU3-631^-4tAI--8BDD-A23F35b65578 IN WITNESS WHEREOF, the Parties have executed this Agreement. SALT RIVER PIMA-MARICOPA INDIAN COMMUNITY Approved and Accepted by: Martin|Harvier President Attest by: UribaTSecretary ' Date APPROVAL OF SRP-MIC ATTORNEY I hereby state that I 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. NlCCClt L Kmfl 08/10/22 J Attorney for SRP-MIC Date IN WITNESS WHEREOF, the Parties have executed this Agreement. MARICOPA COUNTY Recommended by: Jennifer Toth, P.E. Date Transportation Director Approved and Accepted by: _________________________________ Chairman Date Board of Supervisors Attest by: _________________________________ Clerk 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. Deputy County Attorney Date DocuSign Envelope ID: 75CA1ED3-6812-4EAF-8BDD-A23F35E65578 7/28/2022 7/28/2022