IGA FOR IMPROVEMENTS OF OCTOTILLO AND POWER ROAD.PDF

When recorded, mail to:
Town Clerk
Town of Queen Creek
22350 S Ellsworth Road
Queen Creek, Arizona 85142
INTERGOVERNMENTAL AGREEMENT
FOR OCOTILLO ROAD IMPROVEMENTS
This Agreement made and entered into this day of , 2015
by and between the Town of Queen Creek, a municipal corporation organized and
existing under and by virtue of the laws of the State of Arizona (hereinafter referred to
as "Queen Creek"), the Town of Gilbert, a municipal corporation organized and existing
under and by virtue of the laws of the State of Arizona (hereinafter referred to as
"Gilbert") and the County of Maricopa, a political subdivision of the State of Arizona
("County").
RECITALS:
A. Sections 11-951 et seq. of the Arizona Revised Statutes provides that public
agencies may enter into Intergovernmental Agreements for the provision of
services or for joint or cooperative action. The parties are authorized to
provide the services contained herein pursuant to A.R.S. § 9-240.
B. A.R.S. Section 11-251 and Sections 28-6701 et. seq. authorize the County
to lay out, maintain, control and manage public roads within the County.
C. Queen Creek owns and has begun the design of the north half of Ocotillo
Road between Recker Road and Power Road that will serve the
transportation needs of the residents of Queen Creek; certain unincorporated
county islands located within the Queen Creek Planning Area, Gilbert and the
surrounding area (the "ROW").
D. The County owns and operates one-quarter of the intersection of Power and
Ocotillo Roads.
E. Queen Creek intends to construct the north half-street improvements between
back of curb and the Ocotillo Road centerline. Improvements will include one
travel lane in each direction along Ocotillo Road from Power to Recker
Roads, the installation of a full box culvert crossing over the Sonoqui Wash, a
new traffic signal at the intersection of Power and Ocotillo Roads, Salt River
Project and Queen Creek Irrigation District utility relocations and drainage
improvements in the initial phase of construction. The south half-street
improvement of the ROW will be completed by development as it occurs.
F. Gilbert has collected $2,268,675.00 from adjacent developments for the
Project improvements ("Cash in Lieu Funds"), and has transferred those Cash
in Lieu Funds to Queen Creek for design and construction of the Project as
defined in this Agreement.

NOW, THEREFORE, in consideration of the mutual promises made in this
Agreement, and other consideration, the receipt and sufficiency of which is
acknowledged, the Parties agree as follows:
AGREEMENTS
Purpose. The purpose of this Intergovernmental Agreement is to identify and
define the responsibilities of Gilbert, Queen Creek, and the County for the
costs of design, bidding, construction and project management of the north
half of Ocotillo Road between Recker Road and Power Road ("Project") and
to set forth responsibilities for maintenance of the ROW following completion
of construction.
2. Queen Creek Obligations. Queen Creek agrees to:
2.1 Act as lead agent for the design, bidding, construction and project
management of the Project; the estimated cost of the Project is
$3,580,000 as shown in Exhibit A.
2.2 Obtain required permits from the United States Army Corps of
Engineers and permits needed for utility relocations.
2.3 Request the County to provide no-cost permits for Queen Creek to
work within the incorporated limits of the County.
2.4 Consult and coordinate with Gilbert and the County on the Project.
2.5 Invoice Gilbert for 50% of all reasonable Project costs exceeding
the sum of the Cash in Lieu Funds, Queen Creek's SRP Aesthetics
Fund contribution, and the County's cost share. These costs are
estimated in Exhibit A.
2.6 Be responsible for the operation and maintenance of Ocotillo Road,
including sidewalk and landscaping located in the ROW in
accordance with the Intergovernmental Agreement dated April 9,
1996 and recorded in the office of the Maricopa County Recorder at
96-0336101.
2.7 Pay 100% of the Salt River Project cost to convert the existing
12kV facilities from overhead power lines to underground at the
intersection of Ocotillo Road and Power Road. The SRP overhead
removals will consist of 1,600 lineal feet of overhead conductors,
(2) poles and (1) capacitor, while the underground conversion to
the new system will require 3,300 lineal feet of underground
conductors, (1) pad mounted switch, (1) pad mounted capacitor
bank, (2) risers and terminations in existing switch. Trenching,
conduit installation and backfill will be provided by the construction
contractor. A pictorial description for the location of this work is
shown in Exhibit E. Queen Creek will use the remaining Queen
Page 2

Creek aesthetic funds first, and then other available Queen Creek
funds for the remaining balance associated with this work.
2.8 Pay 50% of the design and relocation cost for facilities of the
Queen Creek Improvement District ("QCID") facilities as described
on Exhibit B.
2.9 Accept a drainage and retention easement in the form set forth on
Exhibit C attached hereto for the construction, operation and
maintenance of a retention basin and storm drain within Gilbert's
corporate limits by Queen Creek as part of the Project.
Maintenance of the drainage and retention easement shall be the
responsibility of Queen Creek.
2.10 Commence the annexation of the intersection at Power Road and
Ocotillo Road, as depicted on Exhibit D, 30 days after the final
acceptance of the Project.
2.11 Invoice the County for the County's share of the Project costs for
the new traffic signal and pavement striping at the Ocotillo Road
and Power Road intersection upon final acceptance of the Project.
3. Gilbert Obligations. Gilbert agrees to:
3.1 Cooperate with Queen Creek in the completion of the Project.
3.2 Participate in design meetings and provide review of design plans
in a timely fashion; provided however, that Queen Creek shall
remain responsible for the design of the Project and no review by
Gilbert shall assume any responsibility for the design of the Project.
3.3 Grant to Queen Creek, a drainage and retention easement in the
form set forth on Exhibit C attached hereto for the construction,
operation and maintenance of a retention basin and storm drain
within Gilbert's corporate limits as part of the Project. Maintenance
of the drainage and retention easement shall be the responsibility
of Queen Creek.
3.4 Within 30 days of receipt of an invoice from Queen Creek, pay to
Queen Creek 50% of all reasonable Project costs exceeding the
sum of the Cash in Lieu Funds, Queen Creek's SRP Aesthetics
Funds contribution, and the County's cost share.
3.5 Reimburse Queen Creek for 50% of Queen Creek Irrigation District
relocation costs within 30 days of receiving an invoice for the same
from Queen Creek.
Page 3

4. MCDOT Obligations. MCDOT agrees to:
4.1 Coordinate with Queen Creek and Gilbert throughout the various
phases of the Project and review Project plans at the appropriate
intervals within 15 working days of receiving such plans.
4.2 Provide no-cost permits to Queen Creek for any necessary Project
related work performed within the County's jurisdiction.
4.3 Contribute a non-transferable amount not to exceed $42,000
towards the new traffic signal and pavement striping costs of this
Project.
4.4 Upon the final acceptance of the Project, remit payment to Queen
Creek within 30 days of receipt of an invoice for the County's share
of the Project construction cost.
4.5 Upon final acceptance of the Project, transfer liability, maintenance
and operations of the traffic signal at the intersection of Power
Road and Ocotillo Road to the Town of Queen Creek.
5. Joint Obligations. The Parties agree to establish from their respective
general funds or any other appropriate fund, a sufficient budget to meet the
Party's Obligations pursuant to the terms of this Agreement.
6. Effective Date. This Agreement shall become effective as of the date it is
approved by the Parties and shall remain in full force and effect until the
Parties have satisfied all of their obligations set forth in this Agreement;
provided, however, that this Agreement may be amended in writing signed by
the Parties.
7. Notices. Notices required pursuant to this Intergovernmental Agreement
shall be given by first class mail, postage prepaid, to the following:
For Gilbert: For Queen Creek:
Town Manager Town Manager
Town of Gilbert Town of Queen Creek
50 E Civic Center Dr 22350 S Ellsworth Rd
Gilbert, AZ 85296 Queen Creek, AZ 85142
For MCDOT
Intergovernmental Liaison
Maricopa County
2901 W Durango St
Phoenix, AZ 85009
Page 4

8. Indemnity. Queen Creek is responsible for the design, bidding, construction
and project management for the Project and Gilbert's and County's only
obligations are those set forth in Sections 3 and 5 of this Agreement,
including payment of its share of costs as set forth in this Agreement. Queen
Creek (as "Indemnitor") agrees to defend, indemnify and hold harmless
Gilbert and its officers, officials, employees, agents, and directors, and
County and its officers, officials, employees, agents, and directors
(collectively, "Indemnitee") from and against any and all claims, demands,
losses, liabilities, causes of action and costs (including expert witness fees,
attorneys fees and costs of defense and appellate appeal) ("Claims"), which
may be imposed upon, incurred by or asserted against the lndemnitee or any
of them, attributable (directly or indirectly) to, or arising in any manner by
reason of, the acts, errors, or omissions of any agent, officer, servant, or
employee of the Indemnitor, or anyone for whom lndemnitor may be legally
liable, in the performance of this Agreement.
9. Term of the Agreement. This Agreement shall remain in effect until
completion of the Project; provided however, that Queen Creek's obligations
set forth in Paragraphs 2.6 and 2.9 and the indemnification obligations set
forth in Paragraph 8 shall survive the termination or expiration of this
Agreement.
10.Authority. Pursuant to Arizona Revised Statutes 11-952, as amended,
attached to this Agreement are copies of appropriate actions by ordinance,
resolution or otherwise authorizing Gilbert and Queen Creek to enter into the
Agreement.
11.Conflict of Interest. This Agreement shall be subject to the provisions of
A.R.S. § 38-511.
Page 5

IN WITNESS WHEREOF, the parties hereto have executed this agreement.
TOWN OF GILBERT TOWN OF QUEEN CREEK
Approved and Accepted By: Approved and Accepted By:
Mayor Mayor
Attest By: Attest By:
Town Clerk Date Town Clerk Date
MARICOPA COUNTY
Recommended by:
- osioGizoic
J9hnif r T PT ' Date
Approved and Accepted by:
Steve Chucri, Chairman Date
Board of Supervisors
Attest by:
Fran McCarroll Date
Clerk of the Board
APPROVAL OF ATTORNEYS
I hereby state that I have reviewed the proposed Intergovernmental Agreement,
between the Town of Gilbert, the Town of Queen Creek and Maricopa County and
declare the agreement to be in proper form and within the powers and authority granted
to their respective governing bodies under the laws of the State of Arizona.
Date:
Town of Gilbert Attorney
Date:
Deputy County Attorney
Date:
Town of Queen Creek Attorney
PHOENIX 53749-1 156419v3
Page 6

EXHIBIT A
Estimated Project Costs
Design $420,000.00
Right-of-Way $0
Construction Management (8% of construction) $200,000.00
Construction $2,500,000.00
Utility costs (QC1D) $140,000.00
Subtotal: $3,260,000.00
Contingency (10%) $320,000.00
Total Cost to Construction $3,580,000.00
Less Cash in Lieu Collected by Gilbert and
Given to Queen Creek -$2,268,675.00
Remaining Costs: $1,311,325.00
Maricopa County (Not to exceed) $42,000.00
Gilbert Cost Share (50%) $634,662.50
Queen Creek (50%) $634,662.50
SRP Underground (100% by Queen Creek) $250,000.00

EXHIBIT B
Queen Creek Irrigation District Design & Relocation Contract
QUEEN CREEK IRRIGATION DISTRICT
22726 E. Ocotillo Rd., P,O, Box 690, Queen Creek, Arizona 85242
COORDINATION, PLANNING, AND
ENGINEERING REIMBURSEMENT CONTRACT
This is a contract between Queen Creek Irrigation District (the District) and the TOWN OF
QUEEN CREEK (the Developer) for the coordination, planning _and engineering service,s
provided by the District's Engineer GEORGE CAIRO ENGINEERING, INC. (GCE) for
OCOTILLO RD, IMPROVEMENTS — QUO PIPELINE 4 LATERAL 3 RELOCATION AND
OCOTILLO RD. LETTER OF °prison' (the Project).
Services shall include.:
1. initial meeting and consultation with the Developer andior its representative regarding the
disposition of existing District irrigation, drainage, or associated facilifies_
2„ Preparation of OCID's Lateral 3 Relocation construction plans for compliance with USBR
specifications, standards, policies, and regulations as required for impact mitigation.
3. Conduct field visits and engineering surveys, take photographs, perfomn measurements and
calculations as required to ensure compliance with District policies and rules and to further
ensure no impacts to operations and maintenance of the District_
4. Draft Legal Descriptions and Tract Map required for USBR Submittal for approval of Ocotillo
Road ROW overlap arid Letter of Consent.
5. Put together package to USBR to request approval for a Facility Modification arid a Letter of
Consent for Ocotillo Road ROW overlap.
6,, The Town of Queen Creek agrees to acquire and cle-dicate the required additional
right-of-way needed for Operation and Maintenance of the relocated pipeline and
structures to the Queen Creek Irrigation and Drainage District in the area of the
relocation,
In consideration of these services rendered by the District .andlor GCE, the Developer agrees to
acknowledge the following:
1. The District arid/or GCE will provide one brief initial visit and statement of opinion for any
given project during a conceptual phase.
7. Additional visits, meetings, or plan reviews will be conducted by GCE, only after being
directed to do so by the District A non-refundable impact fee, $00.00 will be paid by the
Developer to the District before any planning or deSign activities are conducted beyond
the initial visit.
3. An upfront retainer fee in the amount a soo.00 will be paid by the Developer to the
District before any engineering activities or plan reviews are made. All additional services
beyond the initial visit and statement of opinion will be billed monthly by the District to the
Developer until the project is approved by the District and Reclamation, or the Developer
directs all vrk to stop. Expenditures to the project will be based on the Engineers
1d3
Page 8

current. billing rates. The retainer will be applied to the monthly invoices until all fu nds
have been exhausted.
Estimated Enoineerino Costs
Project Management $ 2,350,00
USBR Submittals (Facility Modification & Crossing) $ 4,650_00
O.C1D Pipeline 4 Lateral 3 Relocation Design $ 8,535.60
Construction Observation $ 2,560,68
Total $18,096_60
4_ The Construction for the OCID Pipeline 4 Lateral 3 Relocation will be completed by a
Contractor chosen by GPM_ The cost of the construction will be invoiced through OCtO
to the Developer directly.
Estimated Construction Costs
()CID Pipeline 4 Lateral 3 Relocation $75,000.00
This estimate- does not include a SWPPP or dust control plan.a;.s it is assumed that it
would be covered by the Town's Improvements.
5_ The Developer agrees to promptly pay said billing within twenty (20) calendar days of
recetking the bill. Any bill issued by the District is due upon receipt and shall become
delinquent on the thirtieth calendar day following its issue date and will be subject to a
late payment charge of 1.5 percent of the outstanding balance per month or any portion
of a month beyond the initial 30 calendar days following issuance of the bill, until paid_
Any billing, which has not been paid in-full by the thirtieth calendar day, following its
issuance by the District, rnay result in the stoppage of all work being performed by GCE
OD behalf of the District_
6_ The District and for GCE do not assume any liability for Developers duty to third parties.
7_ The incidental review of any Developers plans by GCE is for the benefit of the Districts
facilities only arid should not be relied upon for review or design issues related to any
other aspect. of the project
•13_ In the event of a material breach of this Contract by the Developer, the Developer shall
be liable for damages and any legal fees incurred by the District to enforce this contract .,
including the collection of unpaid fees for professional services.
9. The Developer and or the District may terminate this agreement at any time by giving ten
(10) business days' written notice of such termination to the other party, in which event
the Developer will not be liable for the payment of any further compensation for work
beyond the date of such termination and shall have no further obligations hereunder from
and after the date of such termination.
10. This agreement shall be governed by and construed in accordance with the faws of the
State of Arizona, U.S.A.
1.1. This agreement may be executed in counterparts and shall become operative Men each
party has executed and delivered at least one counterpart. This agreement may be
delivered by facsimile or other electronic transmission, and a facsimile or electronic
transmission evidencing execution shall be effective as a valid and binding agreement
between the parties for all purposes.
2 ca
Page 9

IZL Egopution;
Rature: „ DatU.
Agreed lo P.r? prInted name):
r Ale;
Representing DevelopertAgency
Billing Adtiress-:_
Telephone: Fax.
Date: XA/11,
MEEN CREEK IREIOATIbN DI5TRICT
Agread by IprintEci Ramey 151..1- efitzkAG-4:4
Page 10

EXHIBIT C
Drainage & Retention Easement
Legal Description
Drainage Easement
Ocotillo Road, Queen Creek
3ob No. 12-042.04 March 19„ 2015
A portion of the Southeast Quarter of Section 13, Township 2 South, Range 6 East of
the Gila. and Salt River Meridian, Maricopa County,. Arizona, more paiticularly desciibed
as follows:
COMMENSING at a 3 aluminum cap at the south quarter corner of said Section 13,
from iNhich a brass cap in a hand hole at the southeast corner of said Section 13 bears
Noith 86 degrees 34 minutes 05 seconds East (an assumed bearing) at distance of
2665.61 feet; thenoa North 86 degrees 34 minutes 05 seconds East, along the south
line of the Southeast Quarter of said Section13„ 1250,16 feet to the POINT OF
BEGINNING;
Thence North 72 degrees 17 minurbes 16 seconds East, 152.10 feet;
thence North 16 degrees 10 mintrbas 03 seconds West, 14.20 feet to the beginning of a
curve,. concave Southeast, having a radius of 45.00 feet;
thence Northeasterly 87.18 feet, along the ,arc of said curve„ through a central angle of
111 degrees 00 minutes 03 seconds to a point of tangency;
thence South 85 degrees 10 minutes 00 seconds East, 95A0 feet to the beginning of a
curve, concave Southwest having a radius of 48.00 feet;
thence Southeasterly 68.47 feet along the arc of said curve, through a central angle of
81 degrees 44 minutes 05 seconds- to a point of tangenco
thence South 3 degrees 25 minutes 55 seconds East, 44.60 feet to a point on the south
line of the Southeast Quarter of said Section:134
thence South 66 degrees 3.4 minutes 05 seconds West, along :said south line, 330.15
feet to the POINT OF BEGINNING.
An area containing 20,256 square feet or 0.4650 acres , more or less.
To.4 50 3 -115 5;j3 :2.15
1-04 • ;4)4 CA:',-.A.1 21'24:-.C.1- LC L.r.En-rr: 12..2 I 5
Page 11

, 1 1
Awe, 85210 earn
F-4S1S117:4.A9
AZ
Vineyard Mr.,- I ,tqat,IvryzJpinc,
13—' ./-S-1,,NI:c S. -.DI • mi4FASIV2.50 -vo
2045 SIT, ww
CAP HOLE 3
SECTION BRASS HAND EX11.'i'ES; GRolp
F.D. IN
2:ORNER
.;"5:1"E F0E
1 SE
' BRG:S44- T25,
L=65.4.7 R=48.C.IT 1,53 C=62281 30' ns5
T=4 C1-111: V 1
/ 1 -- -i
k.
EASEMENT-/ —
E-
_____
NA,:"3E ROAD
R..4,1 :.30,15' AZ
r D ,,,, --6------
> i OCOTILLO Creek,
\ \ -A ........-
-'-._ Easement
—. Queen
EXHIBIT
L=87.18' T=-65.41.4 4.20
P=1 ITIRC.-N3g•19'.5.9"E 1 Drainage Road,
2.00 ft
152.10' CAP
CH') SECTION Ocotillo
-E 8E7:PINING Li IN
7'16 1,i
- 0:NNE R,6E AL 100
N72'' OF
1/4 T.2S,
POINT S
7[111113r
.7
-0
scafe
00 .4. 0 Tr en

EXHIBIT D
Ocotillo Rd and Power Rd Intersection Annexation

7142
":2417: P16.1
•
cc
14km- C-O.NVE.R.SION
RD
0
ENTS
MANDR LOiPCTINE.R.
IMP-ROVEM
7Nr, MOIL
2
1
for
S.A fal
•EZ: Ii
kti
02-
4r!...
4T-6
.a:e4
49'
11A1 47;
fa 7.7-1S7.
fr77.:
1
1
41"S.
ii;a34
-017
NDOHd XI -6i7Leg 1. 1. gA6u799