IGA_AMENDMENT_TT0248_-_DEER_VALLEY_ROAD_9.16.2021.DOCX.PDF
Extracted text (via pymupdf)
6372 characters
FIRST AMENDMENT TO THE INTERGOVERNMENTAL AGREEMENT BETWEEN MARICOPA COUNTY AND THE CITY OF PEORIA FOR THE CONSTRUCTION AND INSTALLATION OF A RECLAIMED WATERLINE (TT0248) (C-64-20-193-M-01) This First Amendment to the Intergovernmental Agreement for Improvements to Deer Valley Road from El Mirage Road to 109th Avenue (C-64-20-193-M-01) (First Amendment) is entered into by and between the County of Maricopa, a body politic, acting through the Maricopa County Department of Transportation (County), and the City of Peoria, a municipal corporation (City); the County and the City are collectively referred to herein as the Parties or individually as a Party. STATUTORY AUTHORIZATION 1. The County is authorized, pursuant to Arizona Revised Statutes (A.R.S.) § 11-251 and §§ 28-6701 et. seq., to lay out, maintain, control and manage public roads within the County. 2. 3. The City is authorized, pursuant to A.R.S. § 9-240 and §§ 9-276 et. seq., to lay out and establish, regulate and improve streets within the City and to enter into this Agreement. 4. Public agencies are authorized, pursuant to A.R.S. §§ 11-951 et. seq., to enter into Intergovernmental Agreements for the provision of services or for joint or cooperative action. BACKGROUND 5. On June 10, 2020, the County and the City of Peoria entered into an intergovernmental agreement for Improvements to Deer Valley Road from El Mirage Road to 109th Avenue. (2020 IGA). 6. The 2020 IGA identify and define the responsibilities of County and City for various elements of the Project, which include, but were not limited to, cost sharing, design, permitting, environmental clearances, right-of-way acquisitions, utilities relocation, construction and construction management, and annexation of the roadway. 7. The County will widen and extend Deer Valley Road and Williams Drive across the Agua Fria River for 2.5 miles from 109th Avenue to El Mirage Road. Other improvements will include storm drain installation, drainage basins, landscaping and irrigation (Project). 8. The City is requesting that the County construct and install a 16-inch reclaimed pipe (Waterline Improvement) as part of the Project. DocuSign Envelope ID: B1F28D22-AC0B-438F-AFBD-70C133C45CAD 8. As part of the County’s Project, the City is requesting that the County construct and install approximately 895 linear feet of 16-inch and approximately 296 linear feet of 8-inch reclaimed pipe and incidental equipment along 109th Avenue and Deer Valley Road (Waterline Improvement) as shown on the approved plan set entitled ‘City of Peoria Engineering Department Reclaimed Water Master Plan Implementation Deer Valley’ sated September 2021 and associated specifications. 9. The cost of the Waterline Improvement, currently estimated at $734,000, does include additional labor and materials and other related items. 10. The City will design the Waterline Improvement to the City and MAG Standards and provide the County’s Contractor with the design prior to construction. 11. The costs of the Waterline Improvement will be the sole responsibility of the City, and the installation will be completed by the County’s approved construction contractor retained for the Project. PURPOSE OF THE AGREEMENT 12. The purpose of this First Amendment is to amend the 2020 IGA to revise the responsibilities of the County and City for the Project, including but not limited to the definition of the Project, cost sharing, design, permitting, environmental clearances, right-of-way acquisitions, utilities relocation, construction and construction management, and annexation of the roadway. TERMS OF THE AGREEMENT Maricopa County: 13. Upon final acceptance of the Waterline Improvement work by the City and City staff approval of as- built comments on the plan set by the County’s contractor, the County shall invoice the City for the construction and the installation of the Waterline Improvement work. City of Peoria: 14. Provide the County and their contractor with a sealed set of plans for the design of the Waterline Improvements. 15. Shall issue no-cost permits to the County’s contractor to complete the required work associated with the Waterline Improvement. 16. Provide inspection staff to monitor and inspect the daily construction and testing activities; as they relate to the Waterline Improvements. 17. Upon completion, the City will inspect and issue a final letter of acceptance and obtain the Approval of Construction (AOC) as it relates to the Waterline Improvements and provide a copy for County records. DocuSign Envelope ID: B1F28D22-AC0B-438F-AFBD-70C133C45CAD 18. Upon completion of the Waterline Improvement and receipt of an invoice from the County, the City shall reimburse the County for the construction and the installation of the Waterline Improvements. 19. The Amendment is subject to cancelation pursuant to A.R.S. § 38-511. 20. The terms of the 2020 IGA not in conflict with this First Amendment shall remain in full force and effect. End of Agreement - Signature Page Follows DocuSign Envelope ID: B1F28D22-AC0B-438F-AFBD-70C133C45CAD IN WITNESS WHEREOF, the Parties have executed this Agreement. CITY OF PEORIA Recommended by: Jeff Tyne Date City Manager Approved and Accepted by: Cathy Carlat Date Mayor Attest by: City Clerk Date APPROVAL OF CITY ATTORNEY The foregoing Agreement has been reviewed pursuant to A.R.S. § 11-952, as amended, by undersigned Counsel, who has determined that it is in proper form and within the powers and authority granted to the Peoria City Council under the laws of the State of Arizona. City Attorney Date DocuSign Envelope ID: B1F28D22-AC0B-438F-AFBD-70C133C45CAD 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 Board of Supervisors under the laws of the State of Arizona. Deputy County Attorney Date DocuSign Envelope ID: B1F28D22-AC0B-438F-AFBD-70C133C45CAD 9/17/2021 9/17/2021