IGA WITH QUEEN CREEK - WATER AND SEWER EXTENSION AT RIGGS ROAD.PDF

INTERGOVERNMENTAL AGREEMENT
MARICOPA COUNTY AND THE TOWN OF QUEEN CREEK
BETWEEN
FOR WATER AND SEWER EXTENSIONS AT THE INTERSECTION
OF RIGGS ROAD AND POWER ROAD
(TT 429)
(C-64-16- -M-00)
(“Agreement”) is between the County of Maricopa, a
This Intergovernmental Agreement
State of Arizona (“County”), and the Town of Queen Creek, a
political subdivision of the
Creek’). The County and Town are collectively referred to as
municipal corporation (“Queen
the Parties or individually as a Party.
STATUTORY AUTHORIZATION
41-251 and Sections 28-6701 et. seq. authorize the County to lay out,
1. A.R.S. Section
maintain, control and manage public roads within the County.
9-240 authorizes the Town to exercise control over, layout, establish,
2. A.R.S. §
regulate, and improve streets within the Town
11-951 ef authorize public agencies to enter into
3. AR.S. Sections seq.
for the provision of services or for joint or cooperative
Intergovernmental Agreements
action.
BACKGROUND
the County and the Town of Gilbert entered into an
4. On January 29, 2014, Recker Road to
agreement for improvements to Riggs Road, from
intergovernmental within the Town of Gilbert and partially within
Power Road, located partially
unincorporated Maricopa County.
included the widening of Riggs Road to a 7-lane roadway from
5. The improvements the relocation of utilities, and
Recker Road to Power Road to County standards,
conduit for a potential future traffic signal at the Riggs Road
installation of underground
and Recker Road intersection, and drainage infrastructure (the “Project’).
that the following water and sewer improvement items (the
6. Queen Creek is requesting
“Water and Sewer Improvements’) be added to the Project:
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1,200 linear feet in length on
Installation of an 8 inch water line approximately
6.1 Station 154+05 and 240 feet of connecting
Road from Station 143448 to
Riggs and other appurtenances typically
water lines (including valves, fittings, hydrants,
construction of potable distribution water lines).
associated with the
line that connects to a proposed manhole on the
6.2 Installation of an 8 inch sewer intersection at Station
line which will be located in the
proposed 12 inch sewer including three (3) 9
and continues east on Riggs Road for 1100 feet,
226+71.95, 8 inch lateral service stub outs of
manholes, and three (3)
foot diameter polymer
lengths for a total of 176 feet.
varying
line south along Power Road approximately 530
6.3 Installation of a 12 inch sewer 5 foot diameter ~
at Station 228+37.24, including two (2)
linear feet and beginning stub out at a length of 28
manholes, and one (1) 8 inch lateral service
polymer
feet.
currently estimated at $66,000 does
The cost of the Water and Sewer {mprovements, related items.
service lines, plugs, sidewalk repair and other
include manholes,
to Town of Queen Creek
Creek will design the Water and Sewer Improvements
Queen with the design prior to the construction.
and MAG standards and provide the County
as well as manholes, service lines,
The costs for the Water and Sewer Improvements, will be the sole
sidewalk repair and any other related items,
fittings, valves, plugs, will be completed by the approved
of Queen Creek, and the installation
responsibility
contractor retained for the Project.
County construction
PURPOSE OF THE AGREEMENT
is to identify and define the., Parties’ respective
10. The purpose of this Agreement and costs of the Water and
related to the installation
obligations and responsibilities
Improvements as included in the Project.
Sewer
TERMS OF THE AGREEMENT
11. Responsibilities of the County:
of the Project, the Water and Sewer
41.1 The County shall include, as part
Improvements.
the County shall invoice Queen Creek
the Notice to Proceed for the Project,
41.2 Upon and Sewer Improvements as well as
for the estimated total cost of the Water
valves, plugs, sidewalk repair and any
manholes, service lines, hydrants, fittings,
other related items.
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the County shall, based on final cost figures,
41.3 Upon completion of the Project, and Sewer
Town for the balance of the total cost of the Water
either invoice the
manholes, service lines, hydrants, fittings, valves, plugs,
|mprovements as well as Creek to invoice the
and other related items, or request Queen
sidewalk repair any the total cost of the Water and
County for Queen Creek’s overpayment toward
well manholes, service lines, hydrants, fittings, valves,
Sewer Improvements as as
sidewalk repair and any other related items.
plugs,
to Queen Creek within thirty (30) days of receipt
41.4. The County shall remit payment
from Queen Creek pursuant to Paragraph 12.4.
of any proper invoice(s)
12. Responsibilities of Queen Creek:
for 100% of all Project costs that are
42.1. Queen Creek shall be solely responsible
Creek but are not included in the allowable Project costs,
requested by Queen of the Water and Sewer
including but not limited to the installation
service lines, hydrants, fittings, valves, plugs,
Improvements, manholes,
other related items, and any other requested
sidewalk repair and any
enhancements that are specific to Queen Creek.
take the lead for the inspections of the work performed for
42.2 Queen Creek shall
and Sewer Improvements and other related items.
the Water
to the County within thirty (30) days of
42.3 Queen Creek shall remit payment
receipt of any proper invoice(s) from the County.
to Paragraph 11.3, Queen Creek shall
42.4 lf requested by the County pursuant total cost of the
for Queen Creek’s overpayment toward the
invoice the County
as well as manholes, service lines, hydrants,
Water and Sewer Improvemenis
sidewalk repair and any other related items.
fittings, valves, plugs,
GENERAL TERMS AND CONDITIONS
each Party to this Agreement, together with its
13. _To the fullest extent permitted by law, and their
officials, representatives and directors,
officers, employees, agents, “Indemnitors’”) shall defend,
guarantors, and any assignees (collectively
successors, its officers, employees, agents, officials,
indemnify and hold harmless the other Party, and ail
“Indemnitees”) from and against any
directors and representatives (collectively, but not limited
losses, suits, actions, damages, and expenses (including
liability, claims, investigation and litigation
attorneys’ fees, and costs of claim processing,
to, court costs, injury, loss of life, or loss or
Claims) for any personal injury, bodily
(collectively violation of any federal, state, or
to property, or loses of use thereof, or any
damage of action related to or arising out of the
local law or ordinance, or other cause the terms of this
of its obligations pursuant to
Indemnifying Party's performance omissions of the jndemnitor, or
caused, in whole or in part, by the acts or
Agreement, or in the performance of this Agreement.
for whose acts Indemnitor is responsible, the
anyone amount arising out of or recovered under
This indemnity includes any claim or
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out of the failure of Indemnitor to conform to any
Workers Compensation Law or arising
local law, statute, ordinance, rule, regulation or court decree.
federal, state or
effective on the date it is approved by the Maricopa
14. This Agreement shall become and remain in full
and the Queen Creek Town Council,
County Board of Supervisors however
and effect until all terms and conditions have been satisfied, provided,
force shall survive the termination of this
that the Indemnification and Insurance provisions
Agreement.
be amended upon written Agreement by all Parties.
15. This Agreement may
other thirty (30) days prior written notice
16. Either Party may terminate this Agreement upon
that all financial obligations incurred to the date of
to the other Party, provided commenced, the
have been satisfied, and if the roadway construction has
termination
road is left in a safe and usable condition.
to the provisions of A.R.S. Section 38-
17. This Agreement is subject to cancellation pursuant
511.
with A.R.S. Section 41-4401 and further
18. The Parties warrant that they are in compliance
acknowledge that:
subcontractor who is contracted by a Party to perform work
48.1. Any contractor or laws
shall warrant their compliance with all federal immigration
on the Project with A.R.S.
that relate to their employees and their compliance
and regulations of the verification for the duration of
Section 23-214(A), and shall keep a record
employment or at least three years, whichever is longer.
the employee's
shall be deemed a material breach of the contract
48.2 Any breach of the warranty,
to and including termination of the contract.
that is subject to penalties up
retain the legal right to inspect the papers of any contractor or
18.3 The Parties that the contractor
subcontractor employee who works on the Project to ensure
with the warranty above and that the contractor
or subcontractor is complying
and employment records of said employee available
agrees to make all papers
normal working hours in order to facilitate such an inspection.
during
shall make any contractor or subcontractor an agent
48.4 Nothing in this Agreement
or employee of the Parties to this Agreement.
warrants that neither it nor any contractor or vendor under
19. Each Party to this Agreement of the
with the Party to provide goods or services toward the accomplishment
contract debarred by any federal agency, which has
objectives of this Agreement is suspended or
that will be used in the Project described in this Agreement.
provided funding
material breach of this Agreement and an event of
20. Each of the following shall constitute a
A Party's failure to observe or perform any of the material
default ("Default") hereunder: by
of this Agreement to be observed or performed
covenants, conditions or provisions
such failure shall continue for a period of thirty (30)
that Party ("Defaulting Party"), where
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receives written notice of such failure from the non-
days after the Defaulting Party
however, that such failure shall not be a Default if the
defaulting Party provided,
has commenced to cure the Default within such thirty (30) day period
Defaulting Party
and thereafter is diligently pursuing such cure to completion, but the total aggregate cure
shall not exceed ninety (90) days unless the Parties agree in writing that additional
period
under such circumstances to cure such default. In the event
time is reasonably necessary
Defaulting Party fails to perform any of its material obligations under this Agreement
a
and is in Default pursuant to this Section, the non-defaulting Party, at its option, may
this Agreement. Further, upon the occurrence of any Default and at any time
terminate
the non-defaulting Party may, but shall not be required to, exercise any
thereafter,
remedies now or hereafter available to it at law or in equity.
under this agreement to be given in writing shall be sent to:
21. All notices required
Maricopa County Department of Transportation
Attn: Intergovernmental Relations Branch
2901 W. Durango Street
Phoenix, Arizona 85009
Town of Queen Creek
Attn: Town Manager
22350 S. Ellsworth Road
Queen Creek, Arizona 85142
or permitted by this Agreement or applicable law shall be in writing
All notices required
and be delivered in person (by hand or courier) or may be sent by regular, certified
may U.S. Postal Service Express Mail, with postage prepaid, and shall be
or registered mail or
deemed sufficiently given if served in a manner specified in this paragraph. Either Party
written notice to the other specify a different address for notice. Any notice sent
may by
certified mail, return receipt requested, shall be deemed given on the
by registered or
date of delivery shown on the receipt card, or if no delivery date is shown, the postmark
mail, the notice shall be deemed given 72 hours after the
thereon. If sent by regular
notice is addressed as required in this paragraph and mailed with postage prepaid.
Notices delivered by United States Express Mail or overnight courier that guarantee next
shall be deemed given 24 hours after delivery of the notice to the Postal
day delivery
Service or courier.
22. This Agreement does not imply authority to perform any tasks, or accept any
responsibility, not expressly stated in this Agreement.
does not create a duty or responsibility unless the intention to do so is
23. This Agreement
clearly and unambiguously stated in this Agreement.
does not grant authority to control the subject roadway, except to the
2A. This Agreement
extent to perform the tasks expressly undertaken pursuant to this Agreement.
necessary
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other than in the current fiscal year, is
25. Any funding provided for in this Agreement,
and appropriated by the Maricopa County Board of
contingent upon being budgeted
Creek Town Council in such fiscal year. This Agreement may
Supervisors and the Queen
at the end of any fiscal year due to non-appropriation of
be terminated by any Party
funds.
and inure to the benefit of the Parties and their
26. This Agreement shall be binding upon
Neither Party shall assign its interest in this
respective successors and assignees.
without the prior written consent of the other Party.
Agreement
Exhibits attached to this Agreement, sets forth all of the
27. This Agreement, including all
conditions and understandings between the Parties,
covenants, promises, agreements, either
agreements, conditions or understandings,
and there are no covenants, promises,
the Parties other than as set forth in this Agreement. This
oral or written, between and
whole and in accordance with its fair meaning
Agreement shall be construed as a
or other rule requiring construction against the party
without regard to any presumption
drafting this Agreement.
and has had the opportunity to have it reviewed
28. Each Party has reviewed this Agreement
by legal counsel.
to it under this Agreement is not a waiver of
29. The waiver by any Party of any right granted
waiver be deemed to be a
other right granted under this Agreement, nor may any
any obtained by reason of the continuation of any matter
waiver of a subsequent right
previously waived.
of this Agreement shall be interpreted in such a
30. Wherever possible, each provision
valid under applicable law, but if any provision shall be invalid or
manner as to be to the extent of such
under the law, such provision shall be ineffective
prohibited invalidate the remainder of such provision or the
prohibition or invalidation but shall not
remaining provisions.
of this Agreement shall survive the
31. The indemnification and insurance provisions
termination of this Agreement.
shall create any partnership, joint venture or other
32. Nothing contained in this Agreement
the Parties hereto. Except as expressly provided in this Agreement,
agreement between is intended or shall be for the benefit of any
no term or provision of this Agreement shall
to this Agreement, and no such other person or entity
person or entity not a party
have right or cause of action under this Agreement.
any
this Agreement. Unless otherwise specified in this
33. Time is of the essence concerning If the date for
the term day as used in this Agreement means calendar day.
Agreement, under this Agreement or the last day of any time period
performance of any obligation then the date for
in this Agreement falls on a Saturday, Sunday or legal holiday,
provided at the close of business on the first day thereafter
performance or time period shall expire
which is not a Saturday, Sunday or legal holiday.
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contained in this Agreement are for reference purposes only
34. Sections and other headings
shall not affect in any way the meaning or interpretation of this Agreement.
and
more counterparts, each of which shall be
35. This Agreement may be executed in two or
shall constitute the same instrument. Faxed,
deemed an original but all of which together
and scanned signatures are acceptable as original signatures.
copied
and/or deliver to each other such other instruments and
36. The Parties agree to execute to be
to fulfill the covenants and obligations
documents as may be reasonably necessary
performed by such Party pursuant to this Agreement.
that the venue for any claim arising out of or in any way related
37. The Parties hereby agree
to this Agreement shall be Maricopa County, Arizona.
shall be governed by the laws of the State of Arizona.
38. This Agreement
terminated by the Parties, this Agreement expires upon
39. Unless otherwise lawfully
of the Project and fulfillment of all terms of the Agreement.
completion and acceptance
End of Agreement - Signature Page Follows
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WITNESS WHEREOF, the Parties have executed this Agreement.
IN
QUEEN CREEK
MARICOPA COUNTY
Recommended by:
Al 10|Zi6
65 \
Toth, PE. Date
definite)
Ttansyortation Director
Approved and Accepted by:
Approved and Accepted by:
.
Gail Barney Z bate
Clint Hickman, Chairman Date
Mayor
Board of Supervisors
Attest by:
Attest by:
Qf kheuwn off
Clerk], Date
Clerk of the Board Date pwn
OF DEPUTY COUNTY ATTORNEY AND TOWN ATTORNEY
APPROVAL
Intergovernmental Agreement and declare the
| hereby state that | have reviewed the proposed
form and within the powers and authority granted to the Parties by
Agreement to be in proper
bodies under the laws of the State of Arizona.
their respective governing
[hd
Ad Wie
Town Attorney Date
Deputy County Attorney Date
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