CORRECTED 05182026_FINAL_FIRST_AMENDMENT_TT0633_SOUTHERN_AVE_IMPROVEMENTS_W_EXHIBIT.PDF
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Page 1 of 6 FIRST AMENDMENT TO THE INTERGOVERNMENTAL AGREEMENT BETWEEN MARICOPA COUNTY AND THE CITY OF PHOENIX FOR IMPROVEMENTS TO SOUTHERN AVENUE FROM 51ST AVENUE TO 37TH LANE (TT0633) (C-64-23-173-X-01) This First Amendment to the Intergovernmental Agreement for Improvements to Southern Avenue from 51st Avenue to 37th Lane (First Amendment) is entered into by and between the Maricopa County, a political subdivision of the State of Arizona (County), and the City of Phoenix, 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 Statues (A.R.S.) §§ 11- 251 and 28-6701 et seq. to layout, maintain, control, and manage public roads within the County. 2. The City is authorized, pursuant to A.R.S. §§ 9-240 and 9-276 et seq. to layout and establish, regulate, and improve streets within the City, and to enter into this Agreement. 3. 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 4. The Parties previously entered into an Agreement (C-64-23-173-X-00), recorded at Maricopa County Recorder No. 20220890402 (2022 Agreement), to improve Southern Avenue from 51st Avenue to 37th Lane, including, asphaltic concrete paving with a raised median, bike lanes, curb and gutter, sidewalks, bus bay, ITS conduit, traffic signals, street lighting, and new storm drains (Project). The Agreement was effective on December 7, 2022, the date it was approved by the Maricopa County Board of Supervisors. Docusign Envelope ID: B02A5AD0-4BA0-8FC0-83E6-8B1B1EF9581B Page 2 of 6 5. On October 29, 2024, the Maricopa County Board of Supervisors approved an IGA (C-64-25-039-XX-00) (2024 IGA) between the County and the City of Phoenix for the operation and maintenance of the storm drain on Southern Avenue, between 51st Avenue and east of 46th Avenue. 6. The Parties desire to further amend the 2022 Agreement, through this First Amendment, to document schedule updates, cost sharing, and additional responsibilities not specified in the 2022 Agreement. NOW, THEREFORE, in consideration of the foregoing and the covenants herein set forth, the Parties agree as follows: AMENDMENT 7. The following shall replace Paragraph 8 of the 2022 Agreement, to read: 8. The estimated total Project Costs are as follows: 8.1 Design: $1,784,118 8.2 Right of Way Acquisition: $684,274 8.3 Utility Relocation: $2,686,687 8.4 Construction: $25,636,736 8.5 Construction Management: $3,000,000 Total Cost: $33,791,815 8. The following shall replace Paragraph 9 of the 2022 Agreement, to read: 9. The estimated total Project Cost is currently $33,791,815 based on FY2025 dollars for design and construction. 9. The following shall replace Paragraph 10 of the 2022 Agreement, to read: 10. The Project construction costs will be split equally between the Parties. The City will begin a five-year repayment plan for its cost share beginning on July 1, 2026. Payment is currently estimated at $3,233,082 each fiscal year and ends July 1, 2030, once the final payment is received. Docusign Envelope ID: B02A5AD0-4BA0-8FC0-83E6-8B1B1EF9581B Page 3 of 6 10. The following shall replace Paragraph 11 of the 2022 Agreement, to read: 11. The Project design began in the fiscal year 2021 and is expected to reach: 11.1 Sealed submittal: February 2026 11.2 Advertise for Construction: March 2026 11.3 Construction Start: July 2026 11.4 Construction Complete: November 2027 10. Paragraph 13 of the 2022 Agreement shall now include County Responsibilities: 13.11 The County’s Contractor shall remove and install all underground signal equipment. 11. The following shall replace Paragraph 14.6 of the 2022 Agreement, to read: 14.6 Upon completion and final acceptance of the Project construction by the City, the City will accept responsibility for all permitting, operation, maintenance, and traffic control for the Project, including all roadway improvements and traffic signal infrastructure, including underground and above-ground components, until the City’s annexation process is complete. 12. Paragraph 14 of the 2022 Agreement shall now include City Responsibilities: 14.8 Provide all above ground signal equipment, complete the installation of the new above ground equipment, complete the removal of existing above ground signal equipment, test the new signals and assume operations and maintenance. All signal equipment and installation shall conform to City of Phoenix Traffic Signal Standards and Specifications, including approved controllers, detection systems, poles, signal heads, and communication devices. 13. Both Parties agree the signal equipment provided by the City will account towards the cost sharing contribution, as reflected in the City’s annual payment in Paragraph 8 of this First Amendment and Exhibit A, which is attached to this Amendment and incorporated by reference. 14. All other conditions of the 2022 Agreement not modified by this First Amendment shall remain in full force and effect. Docusign Envelope ID: B02A5AD0-4BA0-8FC0-83E6-8B1B1EF9581B Page 4 of 6 15. This First Amendment shall become effective as of the latter of the date it is approved by the Maricopa County Board of Supervisors and the date it is attested to by the City Clerk of the City of Phoenix. 16. This First Amendment is subject to cancellation pursuant to A.R.S. §38-511. End of Amendment - Signature Page Follows Docusign Envelope ID: B02A5AD0-4BA0-8FC0-83E6-8B1B1EF9581B IN WITNESS WHEREOF, the Parties have executed this Amendment. CITY OF PHOENIX, a municipal corporation Ed Zuercher, City Manager Briiana Velez, P.E. Street Transportation Director Attest by: Denise Archibald City Clerk Jun 17, 2026 Date Jun 18, 2026 Date APPROVAL OF CITY ATTORNEY The foregoing First Amendment has been reviewed pursuant to A.RS. § 11-952 by the undersigned Attorney, who has determined that it is in proper form and within the powers and authority granted to the City Council under the laws of the State of Arizona. APPROVED AS TO FORM: Julie M. Kriegh, City Attorney B Karen L. Stillwell Assistant Chief Counsel DJ'B Jun 18, 2026 Date Page 5 of 6 Page 6 of 6 IN WITNESS WHEREOF, the Parties have executed this Amendment. MARICOPA COUNTY Recommended by: Jesse Gutierrez, P.E. Date Transportation Director Approved and Accepted by: Chair Date Board of Supervisors Attest by: Clerk of the Board Date APPROVAL OF DEPUTY COUNTY ATTORNEY The foregoing First Amendment has been reviewed pursuant to A.R.S. §11-952 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: B02A5AD0-4BA0-8FC0-83E6-8B1B1EF9581B 5/19/2026 5/19/2026 EXHIBIT A Cost Sharing Description Cost Design $1,784,118 ROW Acquisition $684,274 Utility Relocation $2,686,687 Construction $25,636,736 Includes Signal Cost Construction Management $3,000,000 Total Project cost Estimate $33,791,815 Includes Signal Cost COP and MCDOT 50/50 share $16,895,908 Signal Cost Estimate 39th Ave $210,400 41st Ave $123,000 43rd Ave $279,800 51st Ave $117,300 Total Signal Equipment Estimate $730,500 COP and MCDOT 50/50 Share $365,250 MCDOT Total Cash Flow $16,895,908 COP Total Cash Flow $16,165,408 Plus $730,500 Signal Equipment COP Yearly Payment $3,233,082 Docusign Envelope ID: B02A5AD0-4BA0-8FC0-83E6-8B1B1EF9581B