IGA- 2020A027 -FCD-ADOT SR-24 & POWERLINE FLOODWAY.DOC

ADOT CAR No.: IGA 20-0007647-I
District IGA No.: 2020A027
AG Contract No.: P001 2020 000902
Project Location/Name: Ellsworth Road-
Ironwood Road Interim Phase II
Type of Work: Joint Maintenance Access
at SR-24 and Powerline Floodway
Federal-aid No.: NHPP-024-A(200)T
ADOT Project No.: H891501C
TIP/STIP No.: N/A
CFDA No.: 20.205 - Highway Planning and
Construction
Budget Source Item No.: 100230
INTERGOVERNMENTAL AGREEMENT
BETWEEN
THE STATE OF ARIZONA
AND
FLOOD CONTROL DISTRICT OF MARICOPA COUNTY
THIS AGREEMENT (“Agreement”) is entered into this date ________________________________, pursuant
to the Arizona Revised Statutes (“A.R.S.”) §§ 11-951 through 11-954, as amended, between the
STATE OF ARIZONA, acting by and through its DEPARTMENT OF TRANSPORTATION (the “State” or
“ADOT”) and the FLOOD CONTROL DISTRICT OF MARICOPA COUNTY, a political subdivision of the
State of Arizona, acting by and through its BOARD OF DIRECTORS (the “District”). The State and the
District are collectively referred to as “Parties.”
I. RECITALS
1. The State is empowered by A.R.S. § 28-401 to enter into this Agreement and has delegated
to the undersigned the authority to execute this Agreement on behalf of the State.
2. The District is empowered by A.R.S. § 48-3603 to construct, operate and maintain flood
control structures and facilities and enter into this Agreement and has authorized the
undersigned to execute this Agreement on behalf of the District.
3. After completion of the State’s construction project of State Route (SR) 24 from Ellsworth
Road to Ironwood Drive, at the junction of the existing Powerline Floodway and planned
channel on the north side of SR 24, the Parties will require access onto the new and existing
Operations and Maintenance (O&M) Roads. The purpose of this Agreement is to define the
relationship of the Parties with reference to allowing joint access between ADOT and the
District for the O&M Roads, (the “Project”). The District will allow ADOT to use the District’s
O&M Roads. ADOT will also allow the District to use ADOT’s O&M Roads. The elements of
this Project are shown in Exhibit A, attached and made a part of this Agreement. If there are
any changes in ADOT’s right of way in the future (for example, expansion of roadway) at
this location, ADOT and the District will work together to maintain joint use.
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THEREFORE, the Recitals set forth above are incorporated into this Agreement and in
consideration of the mutual terms expressed herein, it is agreed as follows:
II. SCOPE OF WORK
1. The State will:
a. Allow the District to use ADOT’s O&M Roads to cross over the planned channel on the
north side of SR 24 to allow continuous access along the south side of the Powerline
Floodway without cost, as shown in Exhibit A.
b. Maintain ADOT O&M roads and the SR 24 features outside of the District’s Powerline
Floodway easement.
c. Require a new permit from the District for any new work within ADOT’s right of way,
prior to the start of any work. ADOT will work with the District to continue to maintain
joint use on any future changes that are within ADOT’s right of way. ADOT will maintain
the access road and the drainage features outside the limits of the District’s Powerline
Floodway easement.
2. The District will:
a. Maintain the access road and the drainage features associated with the channel within
the limits of the District’s Powerline Floodway easement, not be responsible for the
maintenance of any SR 24 features outside of the District’s Powerline Floodway
easement.
b. Maintain District O&M roads.
III. MISCELLANEOUS PROVISIONS
1. This Agreement shall become effective upon signing and dating of the Determination Letter
by the State’s Attorney General.
2. Any change or modification to the Agreement will only occur with the mutual written
consent of both Parties.
3. This Agreement shall remain in full force and effect for successive periods of 25 years from
the effective date and may be amended upon mutual written consent of both Parties,
provided however, that this Agreement may be cancelled at any time, with 30 days written
notice.
4. Each Party (as "Indemnitor") agrees to indemnify, defend, and hold harmless the other
Party (as "Indemnitee") from and against any and all claims, losses, liability, costs, or
expenses (including reasonable attorney's fees) (hereinafter collectively referred to as
"Claims") arising out of bodily injury of any person (including death) or property damage,
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but only to the extent that such Claims which result in vicarious/derivative liability to the
Indemnitee are caused by the act, omission, negligence, misconduct, or other fault of the
Indemnitor, its officers, officials, agents, employees, or volunteers.
Contractor and subcontractors shall procure and maintain insurance until all of their
obligations have been discharged, including any warranty periods under their Contract with
the District, are satisfied, insurance against claims for injury to persons or damage to
property which may arise from or in connection with the performance of the work
hereunder by the Contractor, his agents, representatives, employees or subcontractors. The
amounts and types of insurance required are those required by the ADOT Permits Insurance
Matrix.
5. The Parties warrant compliance with the Federal Funding Accountability and Transparency
Act of 2006 and associated 2008 Amendments (the "Act"). Additionally, in a timely manner,
the District shall provide information that is requested by the State to enable the State to
comply with the requirements of the Act, as may be applicable.
6. The District acknowledges and will comply with Title VI of the Civil Rights Act Of 1964.
7. This Agreement shall be governed by and construed in accordance with Arizona laws.
8. This Agreement may be cancelled in accordance with A.R.S. § 38-511.
9. The District shall retain all books, accounts, reports, files and other records relating to the
Agreement for five years after completion of the Agreement. These documents shall be
subject at all reasonable times to inspection and audit by the State. Such records shall be
produced by the District at the request of ADOT.
10. This Agreement is subject to all applicable provisions of the Americans with Disabilities Act
(Public Law 101-336, 42 U.S.C. 12101-12213) and all applicable Federal regulations under
the Act, including 28 CFR Parts 35 and 36. The Parties to this Agreement shall comply with
Executive Order Number 2009-09 issued by the Governor of the State of Arizona and
incorporated by reference regarding “Non-Discrimination.”
11. Non-Availability of Funds: Every obligation of the State under this Agreement is conditioned
upon the availability of funds appropriated or allocated for the fulfillment of such
obligations. If funds are not allocated and available for the continuance of this Agreement,
this Agreement may be terminated by the State at the end of the period for which the funds
are available. No liability shall accrue to the State in the event this provision is exercised,
and the State shall not be obligated or liable for any future payments as a result of
termination under this paragraph.
12. In the event of any controversy, which may arise out of this Agreement, the Parties agree to
abide by arbitration as is set forth for public works contracts if required by A.R.S. § 12-1518.
13. The Parties shall comply with the applicable requirements of A.R.S. § 41-4401.
14. The Parties shall certify that all contractors comply with the applicable requirements of
A.R.S. §35-393.01.
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15. The Parties shall comply with all applicable laws, rules, regulations and ordinances, as may
be amended.
16. All notices or demands upon any Party to this Agreement shall be in writing and shall be
delivered electronically, in person, or sent by mail, addressed as follows:
For Agreement Administration:
Arizona Department of Transportation Flood Control District of Maricopa County
Joint Project Agreement Section Operations and Maintenance Division
205 S. 17th Avenue, Mail Drop 637E Manager2801 W. Durango St.
Phoenix, AZ 85007 Phoenix, AZ 85009
JPABranch@azdot.gov 602.506.1501
For Project Administration:
Arizona Department of Transportation Flood Control District of Maricopa County
Project Management Group Operations and Maintenance Division
205 S. 17th Avenue, Mail Drop 614E Manager2801 W. Durango St.
Phoenix, AZ 85007 Phoenix, AZ 85009
PMG@azdot.gov 602.506.1501
For Notification of Blanket Access Permits:
Arizona Department of Transportation
Central Maintenance District Permits Office
2140 W. Hilton Avenue
Phoenix, AZ 85009
602.712.7386
17. In accordance with A.R.S. § 11-952 (D), attached and incorporated in this Agreement is the
written determination of each Party’s legal counsel that the Parties are authorized under
the laws of this State to enter into this Agreement and that the Agreement is in proper form.
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IN WITNESS WHEREOF, the Parties have executed this Agreement the day and year first above
written.
FLOOD CONTROL DISTRICT OF STATE OF ARIZONA
MARICOPA COUNTY Department of Transportation
Recommended by:
By: ____________________________________ _________ By: ____________________________________ _________
Michael A. Fulton, Director Date STEVE BOSCHEN, PE Date
Division Director
Approved and Accepted:
By: ____________________________________ _________
Chairman, Board of Directors Date
ATTEST:
By: ____________________________________ _________
Clerk of the Board Date
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IGA 20-0007647-I
ATTORNEY APPROVAL FORM FOR THE FLOOD CONTROL DISTRICT OF MARICOPA COUNTY
I have reviewed the above referenced Intergovernmental Agreement between the State of Arizona,
acting by and through its DEPARTMENT OF TRANSPORTATION, and the FLOOD CONTROL
DISTRICT OF MARICOPA COUNTY, acting through its Board of Directors an agreement among
public agencies which, has been reviewed pursuant to Arizona Revised Statutes §§ 11-951 through
11-954 and declare this Agreement to be in proper form and within the powers and authority
granted to the District under the laws of the State of Arizona.
No opinion is expressed as to the authority of the State to enter into this Agreement.
_____________________________________________________ _________________________________
District General Council Date
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