SPF IGA BUCKEYE.PDF

INTERGOVERNMENTAL AGREEMENT
BETWEEN MARICOPA COUNTY AND THE TOWN OF BUCKEYE
FOR IMPROVEMENTS TO: LOWER BUCKEYE ROAD
FROM WATSON ROAD TO THE 228TH DRIVE ALIGNMENT
(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 Buckeye, 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.
3. A.R.S. Section 9-240 and Sections 9-276 et. seq. authorize the Town to lay out and
establish, regulate and improve streets within the Town and to enter into this
Agreement.
BACKGROUND
4. Lower Buckeye Road currently exists as an undeveloped single lane dirt road between
Watson Road and the 228th Drive alignment. There currently exists 55-feet of MCDOT
right-of-way on the north side of the monument line that was dedicated by the Phoenix
Skyline West 3 Subdivision in 1972. Immediately south and adjacent to the monument
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line is a 110-foot electric line easement. The subdivision currently has the following
paved roads accessing Lower Buckeye Road from the north: Magnolia Street, 233rd
Avenue, 231 st Avenue, Hammond Lane and 228th Avenue.
5. In 2012, the Town improved Lower Buckeye Road from approximately the 228 th Drive
Alignment to Rainbow Road as part of a regional park project. Although the County
required that the subdivision roadways connect to Lower Buckeye Road and the 55-
feet of right-of-way be dedicated for the roadway, the County did not require that the
original developer construct half-street improvements for the roadway to provide this
important mile connection between Watson Road and Rainbow Road.
6. The project scope consists of:
• Building two paved through lanes within the existing right-of-way, connecting to
the Lower Buckeye roadway improvements previously completed by the Town
from Rainbow Road to 228th Drive Alignment to Watson Road;
• Erecting street lights and building culverts to convey drainage from the north
side of the road to the south side of the road; and
• Modifying the existing traffic signal at Watson Road and Lower Buckeye Road to
meet additional light standards for the proposed eastern leg of the intersection
(Project).
7. The Project is anticipated to be constructed in FY2014 and/or FY2015; the cost for
construction and construction management is estimated to be $1,150,791.
8. The Board of Supervisors, by Resolution in May 2002, approved the creation of the
Transportation Advisory Board Special Project Fund (TAB-SPF) in the amount of
$1,000,000 per fiscal year. The Board of Supervisors increased the TAB-SPF to
$1,500,000 by Amendment Resolution 02-05A in June 2007.
8.1 The TAB-SPF may be utilized by the Maricopa County Department of
Transportation (MCDOT) to respond to proposed projects as determined
appropriate by the Transportation Advisory Board (TAB).
8.2 The TAB-SPF is administered by MCDOT, in accordance with the
Board of Supervisors resolutions, through MCDOT Policy T 1103.
9. On September 17, 2013, the TAB recommended that the Board of Supervisors fund
the Project from the FY 2014 Special Project Fund (SPF) for a maximum amount of
$1,108,291. This amount constitutes an estimate of the total amount requested minus
enhancements, which for this Project consists of all costs associated with the street
lights and any other enhancements requested by the Town over and above the scope
of the Project. The County contribution toward the Project will consist of the total actual
Project cost minus all costs associated with street lights and any other enhancements
requested by the Town over and above the scope of the Project as presented in the
Town's application to the TAB. The County contribution will not, under any
circumstances, exceed $1,108,291.
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PURPOSE OF THE AGREEMENT
10. The purpose of this Agreement is to identify and define the responsibilities of the County
and the Town for the cost sharing, design, right-of-way acquisition, utility relocation,
construction, construction management and annexation of the roadway.
TERMS OF THE AGREEMENT
11. Responsibilities of the County:
11.1 The County shall assign a representative to serve on the Project team.
11.2 The County shall issue permits at no cost to the Town for work done on the
Project within County jurisdiction, as applicable, including any permits for
the maintenance activities covered by this Agreement.
11.3 The County contribution toward the Project shall consist of the total actual
Project cost minus all costs associated with street lights and any other
enhancements requested by the Town over and above the scope of the
Project as presented in the Town's application to the TAB. The County
contribution will not, under any circumstances, exceed $1,108,291. The
County shall remit payment to the Town within thirty (30) days of receipt of
an invoice from the Town.
11.4 Upon approval of this Agreement by the County Board of Supervisors, the
County shall notify the Town that the Board has approved the Agreement.
11.5 The County shall provide the Town with a fully executed copy of the
Agreement.
12. Responsibilities of the Town:
12.1 The Town shall act as the Lead Agency for the Project consistent with the
Town's standards to include, but not be limited to, the design, construction,
construction management, rights-of-way acquisition, and utility relocations,
as applicable.
12.2 The Town shall obtain all necessary and required permits and approvals
from the County for work being done in the County's jurisdiction.
12.3 Project improvement plans shall meet Town criteria and shall be reviewed
and approved by the Town. The County will not be responsible for plan
review and approval.
12.4 The Town shall inspect and approve construction of the Project. The
County will not be responsible for inspection and construction approval.
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12.5 The Town shall be responsible for traffic control during construction, and
shall notify the County in advance of approving any lane closures and/or
roadway restrictions within County right-of-way. The County will not be
responsible for traffic control within the Project area. If traffic control
extends to other County roadways beyond the Project area, the Town shall
apply to the County for a separate traffic control permit.
12.6 The Town shall be responsible for permitting any subsequent activities
including, but not limited to, any utility relocations occurring within the
project area.
12.7 The Town will assume responsibility and liability for the design,
construction, inspection, operation, maintenance, and repair for the Project
roadways, traffic control devices and street lights while the Project area
remains under County jurisdiction, until annexation has been completed.
12.8 The Town shall deliver a copy of the Project bid award, when issued, to the
County c/o Intergovernmental Relations Branch, 2901 West Durango
Street, Phoenix Arizona 85009. The Town shall invoice the County for fifty
percent (50%) of the award amount (currently estimated as $554,145.50)
upon the Town's approval of the bid award for the construction of the
Project.
12.9 The Town shall provide a final accounting of all funds upon completion of
the Project, and shall invoice the County for the balance of the Project
costs, not including all costs associated with street lights and any other
enhancements requested by the Town over and above the scope of the
Project as presented in the Town's application to the TAB, upon completion
of the Project construction.
12.10 The Town shall be responsible for the maintenance and operation of the
roadway.
12.11 The Town shall incur one hundred percent (100%) of the costs of the street
lights and any other enhancements requested by the Town over and above
the scope of the Project as presented in the Town's application to the TAB.
12.12 The Town shall annex all of the Lower Buckeye Road right-of-way lying in
Maricopa County jurisdiction that is encompassed within the limits of the
Project within 180 days of completion of the Project.
12.13 The Town shall report to the County key Project milestones, at least four (4)
weeks in advance, to allow for coordinated public awareness plans, ground-
breaking ceremonies, ribbon cuttings, and/or media releases, as
appropriate.
12.14 The Town shall return any remaining funds to the County upon completion
of the Project.
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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 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.
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. Section 38-511.
16. The Parties warrant that they are in compliance with A.R.S. Section 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. 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.
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 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.
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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. 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.
19. All notices required under this agreement to be given in writing shall be sent to:
Maricopa County Department of Transportation
Attn: Intergovernmental Liaison
2901 W. Durango Street
Phoenix, AZ 85009
Town of Buckeye
Attn: Town Engineer
530 E. Monroe Avenue
Buckeye, AZ 85326
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.
20. This Agreement does not imply authority to perform any tasks, or accept any
responsibility, not expressly stated in this Agreement.
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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 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.
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.
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.
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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. Faxed,
copied and scanned signatures are acceptable as original signatures.
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.
36. 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 BUCKEYE
Recommended by: Recommended by:
t - - 2C) I.)
John B. auskins, P.E. Date Town Manager Date
Traiportation Director
Approved and Accepted by: Approved and Accepted by:
Chairman Date Mayor Date
Board of Supervisors
Attest by: Attest by:
Clerk of the Board Date Town Clerk Date
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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