IGA IMPROVEMENTS RIGGS_RECKER_POWER 12.5.2013.DOC

INTERGOVERNMENTAL AGREEMENT
BETWEEN MARICOPA COUNTY AND THE TOWN OF GILBERT
FOR IMPROVEMENTS TO RIGGS ROAD
FROM RECKER ROAD TO POWER ROAD
(TT 429)
(C-64-14- __________ -M-00)
This Intergovernmental Agreement (“Agreement”) is between the County of Maricopa, a
political subdivision of the State of Arizona (“County”), and the Town of Gilbert, a municipal
corporation (“Town”). The County and Town are collectively referred to as the Parties or
individually as a Party.
This Agreement shall become effective as of the date it is approved by the Maricopa County
Board of Supervisors.
STATUTORY AUTHORIZATION
1. 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.
2. A.R.S. Sections 11-951 et. seq. authorize public agencies to enter into
Intergovernmental Agreements for the provision of services or for joint or cooperative
action.
BACKGROUND
3. Riggs Road, from Recker Road to Power Road, is located in southeastern Maricopa
County and lies partially within the Town of Gilbert and partially within unincorporated
Maricopa County. Riggs Road is designed as a major east-west principal arterial in
Maricopa County’s major streets and routes plan.
4. The existing Riggs Road alignment varies between a 2-lane facility and 3-lane facility
(two lanes plus two-way left turn lane). Between Recker Road and the approach to
180th Street (approximately ½ mile), the road is a three-lane paved section. From 180th
Street to Power Road (approximately ½ mile), the road is a two-lane paved section.
There is a left turn lane from eastbound Riggs Road to northbound Power Road.
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5. The Project addressed under this Agreement is comprised of the construction of Riggs
Road from Recker Road to Power Road, widened to a 7-lane roadway section in
accordance with the County’s standards, the relocation of utilities, installation of
underground conduit for a potential future traffic signal at Riggs Road and Recker
Road intersection, and drainage infrastructure (the “Project”).
6. The estimated total cost of the Project is $6.7 million.
7. The Town will be responsible for the cost of right-of-way needed within Town
jurisdiction in the northwest corner of Riggs Road and 180th Street, the cost associated
with the replacement of sidewalk, curb and gutter on the northwest corner of Riggs
Road and 180th Street, fifty percent (50%) of all costs associated with the two-way left
turn lane between Recker Road and 180th Street, seventy-five percent (75%) of the
cost of the underground conduit for a potential future traffic signal at Riggs Road and
Recker Road intersection, and any Project enhancements requested by the Town, as
described in Paragraph 9.
8. Except as provided in paragraph 9, the County will be responsible for all other Project
costs not otherwise attributed to the Town under this Agreement.
9. The County’s financial participation shall be limited to aspects of the Project that are
essential for the establishment of a safe roadway consistent with MCDOT’s cost
participation policy. The County will not financially participate in Project enhancements
such as landscaping, irrigation, street lighting, visual mitigation, decorative pavers,
street furniture or any other items inconsistent with MCDOT’s cost participation policy.
The cost of any Project enhancement shall be borne by the Party requesting the
enhancement.
10. In the matter of Queen Creek Irrigation District’s infrastructure, located in the north
right-of-way between Recker Road and 180th Street, the County shall be indemnified in
the matter of relocating the infrastructure and shall not be financially responsible
relocating the infrastructure.
PURPOSE OF THE AGREEMENT
11. The purpose of this Agreement is to identify and define the responsibilities of both
Parties for the Project.
TERMS OF THE AGREEMENT
12. Responsibilities of the County:
12.1 The County shall act as the lead agency for the Project to include, but not to be
limited to, the design, utility design and relocation, environmental clearance,
right-of-way acquisition, construction and construction management.
12.2 The County shall design and construct the Project to County standards.
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12.3 The County shall provide copies of all design plans to the Town for review and
comment at each stage submittal.
12.4 The County shall coordinate with the Town throughout the various phases of the
Project.
12.5 The County shall be responsible for all Project costs not otherwise attributed to
the Town under this Agreement, except that the County’s financial participation
shall be limited as prescribed in Paragraph 9 of this Agreement.
12.6 The County shall invoice the Town for their shared Project costs upon
completion of construction and final inspection and acceptance of the Project.
13. Responsibilities of the Town:
13.1 The Town shall coordinate with the County throughout the various phases of
the Project.
13.2 The Town shall be responsible for the cost of right-of-way needed within Town
jurisdiction in the northwest corner of Riggs Road and 180th Street, the cost
associated with the replacement of sidewalk, curb and gutter on the northwest
corner of Riggs Road and 180th Street, fifty percent (50%) of all costs
associated with the two-way left turn lane between Recker Road and 180th
Street, seventy-five percent (75%) of the cost of the underground utilities and
pull boxes for a potential future traffic signal at Recker Road and Riggs Road,
and any Project enhancements requested by the Town, as described in
Paragraph 9.
13.3 The Town shall remit payment within 30 days of receipt of an invoice from the
County.
13.4 Upon receipt of stage submittals, the Town shall provide comments to the
County within 10 working days.
13.5 The Town shall issue no-cost permits to the County, or its appointed agent, to
work within the incorporated limits of the Project.
13.6 The Town shall provide to the County at no-cost, right-of-way and temporary
construction easement(s) for the purposes of the Project, if necessary.
13.7 The Town shall participate with the County in the final inspection and
acceptance of the Project.
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13.8 Upon completion of construction, the final inspection, and acceptance of the
Project, the Town shall begin the annexation of all the Riggs Road right of way
and easements from Recker Road to 180th Street lying within Maricopa County
within the limits of the Project and shall complete the annexation within a six (6)
month period.
13.9 The Town shall maintain and operate all the Riggs Road Right of Way from
Recker Road to 180th Street lying within Maricopa County and assume all
liability until completion of the annexation required under paragraph 13.8.
GENERAL TERMS AND CONDITIONS
14. By entering into this Agreement, the Parties agree that to the extent permitted by law,
each Party will indemnify, defend and save the other Party 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.
15. 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.
16. This Agreement shall be subject to the provisions of A.R.S. Section 38-511.
17. The Parties warrant that they are in compliance with A.R.S. Section 41-4401 and further
acknowledge that:
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17.1 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.
17.2 Any breach of the warranty, shall be deemed a material breach of the
contract contract that is subject to penalties up to and including termination
of the contract.
17.3 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.
17.4 Nothing in this Agreement shall make any contractor or subcontractor an
agent or employee of the Parties to this Agreement.
18. 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.
19. 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.
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20. All notices required under this agreement to be given in writing shall be sent to:
Maricopa County Department of Transportation
Attn: Kellee D. Kelley
2901 W. Durango Street
Phoenix, Arizona 85009
Town of Gilbert
Attn: Tom Condit
50 E. Civic Center
Gilbert, Arizona 85296
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 that
guarantee next day delivery shall be deemed given 24 hours after delivery of the notice
to the Postal Service or courier.
21. This Agreement does not imply authority to perform any tasks, or accept any
responsibility, not expressly stated in this Agreement.
22. This Agreement does not create a duty or responsibility unless the intention to do so is
clearly and unambiguously stated in this Agreement.
23. 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.
24. 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 Gilbert Town 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.
25. 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.
26. 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
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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.
27. 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.
28. 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.
29. 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.
30. 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.
31. 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.
32. 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.
33. 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.
34. 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.
35. 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.
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36. This Agreement shall be governed by the laws of the State of Arizona.
37. Unless otherwise lawfully terminated by the Parties, this Agreement expires upon
completion and acceptance of the Project and fulfillment of all terms of the Agreement.
End of Agreement - Signature Page Follows
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IN WITNESS WHEREOF, the Parties have executed this Agreement.
MARICOPA COUNTY TOWN OF GILBERT
Recommended by: Recommended by:
_______________________________ _____________________________
John B. Hauskins, P.E. Date Patrick Banger Date
Transportation Director Town Manager
Approved and Accepted by: Approved and Accepted by:
_______________________________ _____________________________
Andrew Kunasek, Chairman Date John Lewis Date
Board of Supervisors Mayor
Attest by: Attest by:
_______________________________ _____________________________
Fran McCarroll Date City Clerk Date
Clerk of the Board
APPROVAL OF DEPUTY COUNTY ATTORNEY AND TOWN 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 Town Attorney Date
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