IGA WITH CITY OF CHANDLER - CHANDLER HEIGHTS ROAD.PDF

INTERGOVERNMENTAL AGREEMENT BETWEEN MARICOPA COUNTY
AND CITY OF CHANDLER FOR RIGHT OF WAY ASSISTANCE AND
IMPROVEMENTS TO CHANDLER HEIGHTS ROAD FROM A QUARTER MILE
WEST OF ARIZONA AVENUE TO MCQUEEN ROAD AND ARIZONA AVENUE
FROM WOOD DRIVE TO LYNX PLACE
(TT0594)
(C-64-18- - M-00)
This Intergovernmental Agreement (Agreement) is between the County of Maricopa, a
political subdivision of the State of Arizona (County) and the City of Chandler, a municipal
corporation (City). County and City 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. authorize County to lay out, maintain, control,
and manage public roads within Maricopa County.
2. A.R.S. § 11-951 et seq. authorizes public agencies to enter into Intergovernmental
Agreements for the provision of services or for joint or cooperative action.
3. A.R.S. § 9-240 authorizes City to lay out and improve new streets, avenues and
alleys.
BACKGROUND
4. Chandler Heights Road is located in southeastern Maricopa County and under the
jurisdiction of City.
City is currently developing design plans to improve Chandler Heights Road and
Arizona Avenue under City's CIP Project No. 811502 identified in the Regional
Transportation Plan Arterial Life Cycle Program (RTP ALCP) as a Major Arterial
(Project). The City plans to begin construction in fiscal year 2019.
6. When completed, the Project will improve Chandler Heights Road from a quarter mile
west of Arizona Avenue to McQueen Road and Arizona Avenue from Wood Drive to
Lynx Place. The proposed improvements include the following:
6.1 Widening Chandler Heights to four through lanes with raised landscape
median, curb, gutter, and sidewalk;
6.2 Storm water drainage;
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6.3 Traffic signal, traffic signal interconnect, and streetlights;
6.4 Private utility coordination and relocation; including Union Pacific Railroad and
Salt River Project Consolidated Canal crossings;
6.5 A southbound through lane on the west side of Arizona Avenue from Chandler
Heights Road to approximately Wood Drive with raised landscaped median;
6.6 ADA improvements and signing and striping on Arizona Avenue from
approximately Lynx Place to Chandler Heights Road; and
6.7 Right-of-way and easement acquisition.
7. The Project is a Major Arterial and will be designed to City standards.
8 The estimated total Project cost is currently $9,840,875 based on FY2017 dollars for
design and construction. The proposed cost does include Project enhancements
landscape, streetlights, and dry utilities. The total Project cost without enhancements
is $8,856,500.
9. Approximately 7% of the Project is adjacent to unincorporated County jurisdiction.
County's total Project cost share responsibility minus ALCP reimbursements and the
cost of Enhancements, shall not exceed $185,987.
10. Items included in the Project costs that exceed County's standards are considered
Project Enhancements (Enhancements) and will be the sole financial responsibility
of City. Enhancements include, but are not limited to, landscape and landscape
irrigation, screen walls, upgraded street lighting, upgraded bridge barriers, bus pads
and shelters, monuments, signs and kiosks, shade structures, stamped asphalt or
concrete pavers, hardscape furniture, and underground utilities.
PURPOSE OF THE AGREEMENT
11. The purpose of this Agreement is to identify and define the responsibilities of County
and City for the Project, including cost sharing, design, construction, construction
management, rights-of-way acquisition, utility relocation, and annexation of the Project
and Project area.
Responsibilities of the County:
11.1 County shall not review Project plans for compliance with City's design standards
and shall not be liable for design deficiencies.
11.2 County's cost share in the design and construction of the Project shall be
$185,987.
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113 County shall remit payment to the City within 30 days of the receipt of an invoice
and upon completion of the design of the Project.
11.4 County shall assist with the acquisition of right-of-way in fee and related
easements within County's jurisdiction necessary for the Project, as requested by
City, and shall, as needed, authorize County's legal representative (which may
be the County Attorney's Office or outside counsel, depending upon availability of
resources within the County Attorney's Office) to initiate, prosecute, and perform
all acts in the manner required by law to condemn property and obtain an Order
of Immediate Possession in the County that is deemed necessary for the Project
(Real Estate Support). When a property to be acquired extends into both
municipal and county jurisdiction, County and City shall confer and attempt to
develop a plan whereby all the needed property can be acquired in a single
action, rather than have two litigations proceed at the same time against an
owner.
11.5 County shall provide Real Estate Support within a realistic timeframe as
determined by the accessibility of available agents and timely delivery of right-of
way requirements and related easements being provided by City's design.
11.6 County shall determine whether the method of compensation by City for the
costs that is prescribed in Paragraphs 12.6.1 through 12.6.5 shall be direct
payment by City to County's vendor or shall be a reimbursement to County.
11.7 County shall invoice City on a monthly basis for any expenses that are not
subject to direct payment.
11,8 County shall provide invoice notification that includes an itemization of expenses
being requested for payment.
11.9 At the time of City's request pursuant to Paragraph 12.2.3, County shall assume
all responsibility for the management of the acquisition described in Section 11.4,
in accordance with the statutes, policies, and procedures that govern County's
ability to acquire the land rights. County shall, ten (10) days prior to concluding
any settlement or purchase of property or property rights necessary for the
Project, seek and duly consider City Engineer's written comments regarding such
proposed settlement or purchase; provided, however, that County shall retain
final decision-making authority regarding same.
11.10 County shall consent to and approve the annexation by City of all the Project
area located within the unincorporated area of Maricopa County that is improved
as part of the Project, including, but not limited to, such additional property
needed for the Project as is acquired by County for public roadway, whether by
purchase, condemnation or dedication.
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12. Responsibilities of the City:
12.1 Upon execution of this Agreement, City shall act as the lead agency and shall
assume all rights, responsibility and liability for the design, utilities and utility
relocation, construction and construction management, inspection, operation,
and maintenance of the Project until the completion of the annexation.
12.2 Upon the completion of final design, City shall submit an invoice to County for
County's cost share contribution for the design and construction of the Project,
not to exceed $185,987.
12.3 Upon execution of this Agreement, City shall begin the annexation of the Project
prior to the start of construction and notice to proceed to the contractor.
12.4 City shall conduct right-of-way related activities that include, but are not limited
to, the following:
12.4.1 City shall identify required right-of-way, parcel numbers and
property owners.
12.4.2 City shall be responsible for contacting property owners,
submitting an offer to property owners for the acquisition of the
right-of-way, negotiating with property owners for the acquisition of
right-of-way, and paying property owners for the right-of-way. If
City's negotiations result in the successful acquisition of all or a
portion of the needed right of-way, City shall also be responsible
for all escrow fees and related costs. City shall conduct all
activities required pursuant to this Section 12.4.2 in a timely
manner in order for it to comply with the requirements of Section
12.4.3.
12.4.3 If City is unsuccessful in acquiring all required right-of-way from
property owners, City shall, at least seven (7) months prior to City
needing access to the required right-of-way to begin construction,
request that County commence condemnation proceedings to
acquire the right-of-way and related easements needed for the
Project. City acknowledges that County needs at least seven (7)
months prior to construction to begin condemnation proceedings
due to statutory requirements, time needed to complete necessary
tasks and potential staff constraints. The seven (7) month timeline
is contingent on adequate staffing for the Maricopa County
Facilities Management Department's Real Estate Division,
Maricopa County Attorney's Office, and by all information provided
by City to County being current and sufficient to proceed with
acquisition/condemnation processing.
12.4.4 At the time of City's request pursuant to Paragraph 12.4.3, City
• shall provide to County recordable legal descriptions, maps,
exhibits, title reports, litigation guarantees, appraisals, copies of all
correspondence with property owners and/or their representatives,
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and a negotiator's report for each of the parcels required by
County to complete right-of-way acquisitions.
12.4.5 At the time of City's request pursuant to Paragraph 12.4.3, City
shall cease and desist all contact with the property owners, and
shall convey to County all responsibility for the management of the
necessary right-of-way acquisitions or condemnation for the
Project.
12.4.6 City shall refer any and all escalation of questions and concerns
with acquisition for the Project to the management of the Maricopa
County Facilities Management Department's Real Estate Division.
12.4.7 City shall provide any information requested by County as to its
proposed construction or related issues in order to assist in
County's acquisition for the Project.
12.5 City shall conduct utility coordination and relocation activities.
12.6 City shall manage the design and construction of the Project, and City's Engineer
(or his/her designees) shall, within ten (10) days, provide written comments to
County with regard to any proposed settlement or purchase of property or
property interests as contemplated by Paragraph 11.9.
12.7 City shall be solely responsible for all costs and fees associated with the Project,
including but not limited to attorney's fees and costs.
12.8 City shall pay directly to County's vendor or reimburse County as determined
pursuant to Paragraph 11.6 of the this Agreement all expenses incurred by
County for Real Estate Support, including, but not limited to:
12.8.1 Title examinations and reports;
12.8.2 Property appraisals; .
12.8.3 Cost of acquisition of property or easements, including escrow
and closing costs;
12.8.4 Cost of condemnation proceedings if needed; and
12.8.5 All related attorney's fees and costs provided by County.
12.9 Notwithstanding the provisions of section 11.2, above, reimbursement to County
for the stipulated cost of acquisition of property or easements in excess of 30% of
County's most current appraised fair market value shall require authorization by
the Chandler City Council.
12.10 Notwithstanding the provisions of section 11 above, City, at County discretion
and pursuant to Paragraph 11.9, shall pay directly to County's vendor or
reimburse County directly for the full cost of acquisition as determined by any
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non-stipulated judgment entered in a condemnation case filed by County
pursuant to the terms of this Agreement.
12.11 City shall pay County for any expenses incurred after receiving an itemized
invoice related to the acts performed pursuant to this Agreement.
12.12 City shall remit all authorized payments as identified in this Agreement within
thirty (30) days of the receipt of an invoice.
GENERAL TERMS AND CONDITIONS
13. By entering into this Agreement, the Parties agree that to the extent permitted by law,
each Party will indemnify, defend, and save the other Parties harmless, including any of
the Parties' departments, agencies, officers, employees, elected officials, or agents, from
and against all loss, expense, damage, or claim of any nature whatsoever which is
caused by any activity, condition or event arising out of the negligent performance or
nonperformance by the indemnifying Party of any of the provisions of this Agreement
By entering into this Agreement, each Party indemnifies the other against all liability,
losses, and damages of any nature for or on account of any injuries or death of persons
or damages to or destruction of property arising out of or in any way connected with the
performance or nonperformance of this Agreement, except such injury or damage as
shall have been caused or contributed to by the negligence of the other Party. The
damages which are the subject of this indemnity shall include but not be limited to the
damages incurred by any Party, its departments, agencies, officers, employees, elected
officials or agents. In the event of an action, the damages which are the subject of this
indemnity shall include costs, expenses of litigation, and reasonable attorney's fees.
14. This Agreement shall become effective as of the date it is approved by the Maricopa
County Board of Supervisors and remain in full force and effect until all stipulations
previously indicated have been satisfied except that it may be amended upon written
Agreement by all Parties. Any Party may terminate this Agreement upon furnishing the
other Party with a written notice at least thirty (30) days prior to the effective termination
date.
15. This Agreement shall be subject to the provisions of A.R.S. § 38-511.
16. The Parties warrant that they are in compliance with A.R.S. § 41-4401 and further
acknowledge that:
16.1 Any contractor or subcontractor who is contracted by a Party to perform work on
the Project shall warrant their compliance with all federal immigration laws and
regulations that relate to their employees and their compliance with A.R.S. § 23-
214(A), and shall keep a record of the verification for the duration of the
employee's employment or at least three years, whichever is longer.
16.2 Any breach of the warranty shall be deemed a material breach of the contract
that is subject to penalties up to and including termination of the contract.
16.3 The Parties retain the legal right to inspect the papers of any contractor or
subcontractor employee who works on the Project to ensure that the contractor
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or subcontractor is complying with the warranty above and that the contractor
agrees to make all papers and employment records of said employee available
during normal working hours in order to facilitate such an inspection.
16.4 Nothing in this Agreement shall make any contractor or subcontractor an agent
or employee of the Parties to this Agreement.
17. Each Party to this Agreement warrants that neither it nor any contractor or vendor under
contract with the Party to provide goods or services toward the accomplishment of the
objectives of this Agreement is suspended or debarred by any federal agency which has
provided funding that will be used in the Project described in this Agreement.
18. The following shall constitute a material breach of this Agreement and an event of
default ("Default") hereunder: a Party's failure to observe or perform any of the material
covenants, conditions, or provisions of this Agreement to be observed or performed by
that Party ("Defaulting Party"), where such failure shall continue for a period of thirty (30)
days after the Defaulting Party receives written notice of such failure from the non-
defaulting Party provided, however, that such failure shall not be a Default if the
Defaulting Party has commenced to cure the Default within such thirty (30) day period
and thereafter is diligently pursuing such cure to completion, but the total aggregate cure
period shall not exceed ninety (90) days unless the Parties agree in writing that
additional time is reasonably necessary under such circumstances to cure such default.
In the event a Defaulting Party fails to perform any of its material obligations under this
Agreement and is in Default pursuant to this Section, the non-defaulting Party, at its
option, may terminate this Agreement. Further, upon the occurrence of any Default and
at any time thereafter, the non-defaulting Party may, but shall not be required to,
exercise any remedies now or hereafter available to it at law or in equity.
19. All notices required under this Agreement to be given in writing shall be sent to:
Maricopa County Department of Transportation
Attn: Intergovernmental Relations
2901 W. Durango Street
Phoenix, Arizona 85009
City of Chandler
Attn: Public Works & Utilities Director
Mail Stop 402
P.O. Box 4008
Chandler, Arizona 85244-4008
All notices required or permitted by this Agreement or applicable law shall be in writing
and may be delivered in person (by hand or courier) or may be sent by regular, certified
or registered mail or U.S. Postal Service Express Mail, with postage prepaid, and shall
be deemed sufficiently given if served in a manner specified in this paragraph. Either
Party may by written notice to the other specify a different address for notice. Any
notice sent by registered or certified mail, return receipt requested, shall be deemed
given on the date of delivery shown on the receipt card, or if no delivery date is shown,
the postmark thereon. If sent by regular mail, the notice shall be deemed given 72
hours after the notice is addressed as required in this paragraph and mailed with
postage prepaid. Notices delivered by United States Express Mail or overnight courier
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that guarantee next day delivery shall be deemed given 24 hours after delivery of the
notice to the Postal Service or courier.
20. This Agreement does not imply authority to perform any tasks, or accept any
responsibility, not expressly stated in this Agreement.
21. This Agreement does not create a duty or responsibility unless the intention to do so is
clearly and unambiguously stated in this Agreement.
22. This Agreement does not grant authority to control the subject roadway, except to the
extent necessary to perform the tasks expressly undertaken pursuant to this Agreement.
23. Any funding provided for in this Agreement, other than in the current fiscal year, is
contingent upon being budgeted and appropriated by the Maricopa County Board of
Supervisors and the Chandler City Council in such fiscal year. This Agreement may be
terminated by any Party at the end of any fiscal year due to non-appropriation of funds.
24. This Agreement shall be binding upon and inure to the benefit of the Parties and their
respective successors and assignees. Neither Party shall assign its interest in this
Agreement without the prior written consent of the other Party.
25. This Agreement and all Exhibits attached to this Agreement set forth all of the
covenants, promises, agreements, conditions, and understandings between the Parties
to this Agreement, and there are no covenants, promises, agreements, conditions, or
understandings, either oral or written, between the Parties other than as set forth in this
Agreement, and those agreements which are executed contemporaneously with this
Agreement. This Agreement shall be construed as a whole and in accordance with its
fair meaning and without regard to any presumption or other rule requiring construction
against the Party drafting this Agreement. This Agreement cannot be modified or
changed except by a written instrument executed by all of the Parties hereto. Each Party
has reviewed this Agreement and has had the opportunity to have it reviewed by legal
counsel.
26. The waiver by any Party of any right granted to it under this Agreement is not a waiver of
any other right granted under this Agreement, nor may any waiver be deemed to be a
waiver of a subsequent right obtained by reason of the continuation of any matter
previously waived.
27. Wherever possible, each provision of this Agreement shall be interpreted in such a
manner as to be valid under applicable law, but if any provision shall be invalid or
prohibited under the law, such provision shall be ineffective to the extent of such
prohibition or invalidation but shall not invalidate the remainder of such provision or the
remaining provisions.
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28. Except as otherwise provided in this Agreement, all covenants, agreements,
representations and warranties set forth in this Agreement or in any certificate or
instrument executed or delivered pursuant to this Agreement shall survive the expiration
or earlier termination of this Agreement for a period of one (1) year.
29. Nothing contained in this Agreement shall create any partnership, joint venture or other
agreement between the Parties hereto. Except as expressly provided in this Agreement,
no term or provision of this Agreement is intended or shall be for the benefit of any
person or entity not a Party to this Agreement, and no such other person or entity shall
have any right or cause of action under this Agreement.
30. Time is of the essence concerning this Agreement. Unless otherwise specified in this
Agreement, the term "day" as used in this Agreement means calendar day. If the date for
performance of any obligation under this Agreement or the last day of any time period
provided in this Agreement falls on a Saturday, Sunday, or legal holiday, then the date
for performance or time period shall expire at the close of business on the first day
thereafter which is not a Saturday, Sunday, or legal holiday.
31. Sections and other headings contained in this Agreement are for reference purposes
only and shall not affect in any way the meaning or interpretation of this Agreement.
32. This Agreement may be executed in two or more counterparts, each of which shall be
deemed an original but all of which together shall constitute the same instrument.
33. The Parties agree to execute and/or deliver to each other such other instruments and
documents as may be reasonably necessary to fulfill the covenants and obligations to be
performed by such party pursuant to this Agreement.
34. The Parties hereby agree that the venue for any claim arising out of or in any way
related to this Agreement shall be Maricopa County, Arizona.
35. This Agreement shall be governed by the laws of the State of Arizona.
End of Agreement - Signature Page Follows
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IN WITNESS WHEREOF, the Parties have executed this Agreement.
MARICOPA COUNTY
Recommended by:
03 Zit Zo)
Toth, P.E. Date
ortation Director
Approved and Accepted by:
Chairman Date
Board of Supervisors
Attest by:
Clerk of the Board Date
APPROVAL OF DEPUTY COUNTY 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.
Deputy County Attorney Date
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IN WITNESS WHEREOF, the Parties have executed this Agreement.
MARICOPA COUNTY
Recommended by:
05 7-22nr3
r Tott-rE.L. Date
ortation Director
Approved and Accepted by:
Chairman Date
Board of Supervisors
Attest by:
Clerk of the Board Date
APPROVAL OF DEPUTY COUNTY 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.
Deputy County Attorney Date
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IN WITNESS WHEREOF, the Parties have executed this Agreement.
MARICOPA COUNTY
Recommended by:
6310-1- 2-615
Je,r(nifr Tothj).E. Date
T(7acrsportation Director
Approved and Accepted by:
Chairman Date
Board of Supervisors
Attest by:
Clerk of the Board Date
APPROVAL OF DEPUTY COUNTY 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.
Deputy County Attorney Date
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IN WITNESS WHEREOF, the Parties have executed this Agreement
CITY OF CHANDLER
Approved and Accepted by:
Jay Tibshraeny Date
Mayor
Attest by:
City Clerk Date
APPROVAL OF CITY 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.
City Attorney Date
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