IGA T542 WITH CITY OF CHANDLER - ROW ASSISTANCE TO QUEEN CREEK ROAD.PDF

INTERGOVERNMENTAL AGREEMENT
BETWEEN MARICOPA COUNTY AND THE CITY OF CHANDLER
FOR RIGHT-OF-WAY ASSISTANCE TO QUEEN CREEK ROAD
FROM MCQUEEN ROAD TO GILBERT ROAD AND COOPER
ROAD FROM QUEEN CREEK ROAD TO NIGHTINGALE LANE
(TT542)
(C-64-16-_ - 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”), The County and City are collectively referred to as the Parties or
individuaily as a Party.
STATUTORY AUTHORIZATION
1. A.R.S. Section 11-251 and Sections 28-6701 et seq. authorizes the County to lay out,
maintain, contro! and manage public roads within the County.
2. A.R.S. Sections 11-951 ef seg. authorizes public agencies to enter into
Intergovernmental Agreements for the provision of services or for joint or cooperative
action.
3. A.R.S. Section 9-240 authorizes the City to lay out and improve new streets, avenues
and alleys.
BACKGROUND
4. Queen Creek Road and Cooper Road (Project) are located in southeastern Maricopa
County and is partly under the jurisdiction of the County and partly under the jurisdiction
of the City.
5. The City is currently developing design plans to improve the Project under the City’s CIP
Project No. ST1306.
6. When completed, the Project will improve Queen Creek Road from McQueen Road to
Gilbert Road and Cooper Road from Queen Creek Road to Nightingale Lane. The
proposed improvements include the following:
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6.1 Widening Queen Creek Road to six (6) thru lanes with raised landscape median,
curb, gutter, and sidewalk;
6.2 Widening Cooper Road to four (4) thru lanes with a raised median, curb, gutter,
and sidewalk;
6.3 Storm water drainage;
6.4 Traffic signal, traffic signal interconnect, and streetlights;
6.5 Private utility coordination and relocation;
6.6 New and/or restored landscaping and irrigation;
6.7 New and/or rehabilitated public water, sanitary sewer, and reclaimed water;
6.8 Right-of-way and easement acquisition.
The Projects are Major Arterials and will be designed to the City standards.
There may be a subsequent intergovernmental agreement prepared to identify the role
and responsibilities of each Party for cost sharing, design, construction, construction
management, and utility relocation of the Project and Project Area to complete the
construction of the project.
PURPOSE OF THE AGREEMENT
The purpose of this Agreement is to identify and define the responsibilities of the County
and the City for the Project for right-of-way acquisitions and the annexation of the Project
and Project Area.
10. Responsibilities of the County:
10.1 The County shall issue no fee permits to the City for the Project and related work
conducted within the County's jurisdictional boundaries.
10.2 The County shall assist with the acquisition of right-of-way in fee and related
easements within the County’s jurisdiction necessary for the Project, as
requested by the City, and shall, as needed, authorize the 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, the County and the
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.
10.3 The 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 the City design.
10.4 The County shall determine whether the method of compensation by the City for
the costs that is prescribed in Paragraphs 11.6.1 through 11.6.5 shall be direct
payment by the City to the County’s vendor or shall be a reimbursement to the
County.
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10.5 The County shall invoice the City on a monthly basis for any expenses that are
not subject to direct payment.
10.6 The County shall provide invoice notification that includes an itemization of
expenses being requested for payment.
10.7 At the time of the City’s request pursuant to Paragraph 11.2.3, the County shall
assume all responsibility for the management of the acquisition, in accordance
with the statutes, policies, and procedures that govern the County’s ability to
acquire the land rights.
10.8 The County shall consent to and approve the annexation by the City of all the
Project Area located within the unincorporated area of the 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 the County for public roadway,
whether by purchase, condemnation or dedication.
11. Responsibilities of the City:
11.1. The City shall act as the lead agency for the Project.
11.2. The City shall conduct right-of-way related activities that include, but are not
limited to, the following:
11.2.1. The City shall identify required right-of-way, parcel numbers and property
owners.
11.2.2. The 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 the City’s negotiations
result in the successful acquisition of all or a portion of the needed right-
of-way, the City shall also be responsible for all escrow fees and related
costs. The City shall conduct all activities required pursuant to Section
11.2.2 in a timely manner in order for it to comply with the requirements
of Section 11.2.4.
11.2.3. If the City is unsuccessful in acquiring all required right-of-way from
property owners, the City shall, at least seven (7) months prior to the
City needing access to the required right-of-way to begin construction,
request the County commence condemnation proceedings to acquire
the right-of-way and related easements needed for the Project. The City
acknowledges that the 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 County Facilities Management Department's Real
Estate Division, Maricopa County Attorney’s Office and by all
information provided by the City to the County being current and
sufficient to proceed on with acquisition/condemnation processing.
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11.2.4, At the time of the City’s request pursuant to Paragraph 11.2.3, the City
shall provide to the County recordable legal descriptions, maps, and
exhibits required by the County to complete right-of-way acquisitions.
11.2.5. At the time of the City’s request pursuant to Paragraph 11.2.3, the City
shall cease and desist all contact with the property owners, and shall
convey to the County all responsibility for the management of the
necessary right-of-way acquisitions or condemnation for the Project.
11.2.6. The City shall refer any and all escalation of questions and concerns with
the acquisition of the Project to the management of the County Facilities
Management Department's Real Estate Division.
11.2.7. The City shall provide any information requested by the County as to its
proposed construction or related issues in order to assist in the County’s
acquisition of the property.
11.3. The City shall conduct utility coordination and relocation activities.
11.4. The City shall manage the design and construction of the Project.
11.5. The City shall be solely responsible for all costs and fees associated with the
Project, including but not limited to attorney's fees and costs.
11.6. The City shall pay directly to the County’s vendor or reimburse the County as
determined pursuant to Paragraph 10.4 of the this Agreement for all expenses
incurred by the County for Real Estate Support, including, but not limited to:
11.6.1. Title Examinations and Reports
11.6.2. Property Appraisals
11.6.3. Cost of acquisition of property or easements, including escrow and
closing costs
11.6.4. Cost of condemnation proceedings if needed
11.6.5. All related attorney’s fees and costs provided by Maricopa County
Notwithstanding the provisions of Section 10.6, above, reimbursement to the
County for the stipulated cost of acquisition of property or easements in excess
of 30% of the County’s most current appraised fair market value shall require
authorization by the Chandler City Council.
11.8. Notwithstanding the provisions of Section 11.7 above, the City, at the County
discretion and pursuant to Paragraph 10.4, shall pay directly to the County’s
vendor or reimburse the County directly for the full cost of acquisition as
determined by any non-stipulated judgment entered in a condemnation case filed
by Maricopa County pursuant to the terms of this Agreement.
11.9. The City shall pay County for any expenses incurred after receiving an itemized
invoice related to the acts performed pursuant to this Agreement.
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11.10. The City shall remit all authorized payments as identified in this Agreement within
thirty (30) days of the receipt of an invoice.
11.11. Upon issuance of the construction contract notice to proceed, the City shall
assume responsibility and liability for construction, operation, maintenance and
other aspects of the Project until annexation is complete.
11.12. Upon completion of the Project, the City shall assume all rights of ownership and
responsibility for operation and maintenance of the Project Area and shall
complete the annexation of the Project and Project Area within ninety (90) days
or such time as can legally be annexed.
GENERAL TERMS AND CONDITIONS
12. 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 that 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.
13. 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.
14. This Agreement shall be subject to the provisions of A.R.S. Section 38-511.
15. The Parties warrant that they are in compliance with A.R.S. Section 41-4401 and further
acknowledge that:
15.1 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.
Section 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.
15.2 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.
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15.3. 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
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.
15.4 Nothing in this Agreement shall make any contractor or subcontractor an agent
or employee of the Parties to this Agreement.
16. 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.
17. Each of 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.
18. All notices required under this agreement to be given in writing shall be sent to:
County:
Maricopa County Department of Transportation
Attn: Intergovernmental Relations Branch
2901 W. Durango Street
Phoenix, Arizona 85009
City:
City of Chandler
Attn: City Engineer
Mail Stop 402
P.O. Box 4008
Chandler, Arizona 85244-4008
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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 by written notice to the other specify a different address for notice. Any notice
may
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 that
guarantee next day delivery shall be deemed given 24 hours after delivery of the notice
to the Postal Service or courier.
19. This Agreement does not imply authority to perform any tasks, or accept any
responsibility, not expressly stated in this Agreement.
20. This Agreement does not create a duty or responsibility unless the intention to do so is
clearly and unambiguously stated in this Agreement.
21. 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.
22. 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 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.
23. 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.
24. 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
This Agreement shall be construed as a whole and in accordance with its
Agreement.
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.
25. The waiver by any Party of any right granted to it under this Agreement is not a waiver of
other right granted under this Agreement, nor may any waiver be deemed to be a
any
waiver of a subsequent right obtained by reason of the continuation of any matter
previously waived.
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26. 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
under the law, such provision shall be ineffective to the extent of such
prohibited
or invalidation but shall not invalidate the remainder of such provision or the
prohibition
remaining provisions.
27. 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.
28. 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
or entity not a party to this Agreement, and no such other person or entity shall
person
have any right or cause of action under this Agreement.
29. 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
of obligation under this Agreement or the last day of any time period
performance any
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.
30. 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.
31. 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. Faxed,
copied and scanned signatures are acceptable as original signatures.
32. 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.
33. 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.
34. 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 CITY OF CHANDLER
Recommended by: Recommended by:
SY es (Zz |3:|z016
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Jennifer Toth, P.E-— |‘ Date Date
Transportation Director
Approved and Accepted by: Approved and Accepted by:
Clint Hickman, Chairman Date
Board of Supervisors
Attest by:
—
Clerk of the Board Date Clerk Date
APPROVAL OF DEPUTY COUNTY ATTORNEY AND CITY ATTORNEY
| hereby state that | 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.
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Deputy County Attorney Date City Attorhey /] ” Date
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