23-0009051-DIST_C-MCDOT-UTILITY_DEACTIVATION-FINAL.PDF
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ADOT CAR No.: IGA 23-0009051-I
AG Contract No.: P0012023000255
Project Location/Name: Broadway Bridge
Replacement Transportation
Improvement Project
Type of Work: Utility Deactivation
ADOT Project No.: N/A
MCDOT Project No.: TT0557
CFDA No.: 20.205 - Highway Planning and
Construction
Budget Source Item No.: N/A
INTERGOVERNMENTAL AGREEMENT
BETWEEN
THE STATE OF ARIZONA
AND
MARICOPA COUNTY
THIS AGREEMENT (“Agreement”) is entered into this date ________________________________, pursuant
to the Arizona Revised Statutes (“A.R.S.”) §§ 11-951 through 11-954, as amended, between the
STATE OF ARIZONA, acting by and through its DEPARTMENT OF TRANSPORTATION (the “State” or
“ADOT”) and MARICOPA COUNTY, acting by and through its BOARD OF SUPERVISORS (the
“County”). The State and the County are each individually referred to as a “Party” and are
collectively referred to as the “Parties.”
I.
RECITALS
1.
The State is empowered by A.R.S. § 28-401 to enter into this Agreement and has delegated
to the undersigned the authority to execute this Agreement on behalf of the State.
2.
The County is empowered by A.R.S. § 11-251 to enter into this Agreement and has by
resolution, if required, a copy of which is attached and made a part of, resolved to enter into
this Agreement and has authorized the undersigned to execute this Agreement on behalf of
the County.
3.
Project Background:
The County is currently in the final design of a Broadway Bridge Replacement
transportation improvement project (TT0557).
The Broadway Bridge is within the County verified right of way; however, it is
bordered on its eastern border by the City of Mesa and on the western border by
State right of way. It is a critical bridge that spans the City of Tempe’s primary
water supply, owned by the Salt River Project (SRP).
There is a private SRP irrigation delivery structure that connects to the SRP system
through gate 6-6.1-1, located in Section 30, Township 1N; Range 5E (Facility).
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The Facility has not been active for over a decade and is no longer capable of
functioning.
The Facility currently resides within State right of way.
4. The purpose of this Agreement is to coordinate the deactivation of the Facility and establish
responsibilities between the Parties. The State will be responsible for requesting
deactivation of the Facility by SRP. The County will oversee and pay for the construction,
installation and final capping of the Facility, (the “Project”) once the State has obtained the
deactivation agreement of the Facility by SRP.
5. The foregoing Recitals shall be incorporated into this Agreement.
In consideration of the mutual terms expressed herein, the Parties agree as follows:
II. SCOPE OF WORK
1. The State will:
a. Obtain the deactivation agreement of the Facility owned by SRP upon execution of this
Agreement. The State shall notify the County in writing once the Facility has been
deactivated. In the event the State is unable to obtain the deactivation of the Facility,
this Agreement shall be null and void.
b. Issue, in accordance with the established procedures of the State’s Central District
Permit Office, a permit for the initial construction of the Project, separate permits for
related pre-construction activities (such as pot-holing, utility work, survey etc), and a
permit on a yearly basis for routine maintenance and emergency work. Routine
maintenance and emergency work will be defined within the permit. Permits will be
issued when appropriate insurance or self-insurance documents are provided as
required by ADOT Risk Management.
2. The County will:
a. Upon deactivation of the Facility, oversee and pay for the construction, installation, and
final capping of the Facility.
b. Not permit or allow any encroachments upon or private use of the public right of way,
except those authorized by permit. In the event of any unauthorized encroachment or
improper use, the County shall take all necessary steps to remove or prevent any such
encroachment or use.
c. Submit an encroachment permit application with all required documentation to the
State’s Central District Permit Office for the initial construction of the Project, separate
encroachment permit applications for related pre-construction activities as needed.
Provide appropriate insurance with each encroachment permit once, then annually for
the maintenance and emergency work, to keep that permit valid. Notify the State’s
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Central District Permit Office of any emergency maintenance work affecting the State
right of way. Submit an encroachment permit application for any new construction or
installation.
d.
Be solely responsible for later activation of the line should it become necessary to
reactivate it.
III. MISCELLANEOUS PROVISIONS
1.
Effective Date. This Agreement shall become effective upon signing and dating of all Parties.
2.
Amendments. Any change or modification to the Project will only occur with the mutual
written consent of both Parties.
3.
Duration. The terms, conditions and provisions of this Agreement shall remain in full force
and effect until completion of the Project.
4.
Facility Reactivation. In accordance with Section II (2)(d), the County’s responsibility for
future Facility reactivation shall remain perpetual and shall survive any termination hereof.
5.
Cancellation. This Agreement may be cancelled at any time up to 30 days before the award
of the Project contract, so long as the cancelling Party provides at least 30 days’ prior
written notice to the other Party. It is understood and agreed that in the event the State
terminates this Agreement, the State shall in no way be obligated to complete or maintain
the Project.
6.
Indemnification. The County shall indemnify, defend, and hold harmless the State, any of its
departments, agencies, boards, commissions, officers or employees (collectively referred to
in this paragraph as the “State”) from any and all claims, demands, suits, actions,
proceedings, loss, cost and damages of every kind and description, including reasonable
attorneys' fees and/or litigation expenses (collectively referred to in this paragraph as the
“Claims”), which may be brought or made against or incurred by the State on account of loss
of or damage to any property or for injuries to or death of any person, to the extent caused
by, arising out of, or contributed to, by reasons of any alleged act, omission, professional
error, fault, mistake, or negligence of the County, its employees, officers, directors, agents,
representatives, or contractors, their employees, agents, or representatives in connection
with or incident to the performance of this Agreement. The County’s obligations under this
paragraph shall not extend to any Claims to the extent caused by the negligence of the State,
except the obligation does apply to any negligence of the County which may be legally
imputed to the State by virtue of the State’s ownership or possession of land. The County’s
obligations under this paragraph shall survive the termination of this Agreement.
7.
Third-Party Insurance. Contractor and subcontractors shall procure and maintain insurance
until all of their obligations have been discharged, including any warranty periods under
their Contract with the County, are satisfied, insurance against claims for injury to persons
or damage to property which may arise from or in connection with the performance of the
work hereunder by the Contractor, his agents, representatives, employees or
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subcontractors. The amounts and types of insurance required are those required by the
ADOT Permits Insurance Matrix.
8.
Governing Law. This Agreement shall be governed by and construed in accordance with
Arizona laws.
9.
Conflicts of Interest. This Agreement may be cancelled in accordance with A.R.S. § 38-511.
10. Inspection and Audit. The County shall retain all books, accounts, reports, files and other
records relating to this Agreement which shall be subject at all reasonable times to
inspection and audit by the State for five years after completion of the Project. Such records
shall be produced by the County, electronically or at the State office as set forth in this
Agreement, at the request of ADOT.
11. Title VI. The County acknowledges and will comply with Title VI of the Civil Rights Act Of
1964.
12. Non-Discrimination. This Agreement is subject to all applicable provisions of the Americans
with Disabilities Act (Public Law 101-336, 42 U.S.C. 12101-12213) and all applicable federal
regulations under the Act, including 28 CFR Parts 35 and 36. The Parties to this Agreement
shall comply with Executive Order Number 2009-09 issued by the Governor of the State of
Arizona and incorporated in this Agreement by reference regarding “Non-Discrimination.”
13. Non-Availability of Funds. Every obligation of the State under this Agreement is conditioned
upon the availability of funds appropriated or allocated for the fulfillment of such
obligations. If funds are not allocated and available for the continuance of this Agreement,
this Agreement may be terminated by the State at the end of the period for which the funds
are available. No liability shall accrue to the State in the event this provision is exercised,
and the State shall not be obligated or liable for any future payments as a result of
termination under this paragraph.
14. Arbitration. In the event of any controversy, which may arise out of this Agreement, the
Parties agree to abide by arbitration as is set forth for public works contracts if required by
A.R.S. § 12-1518.
15. E-Verify. The Parties shall comply with the applicable requirements of A.R.S. § 41-4401.
16. Contractor Certifications. The County shall certify that all contractors comply with the
applicable requirements of A.R.S. §§ 35-393.01 and A.R.S. 35-394.
17. Other Applicable Laws. The Parties shall comply with all applicable laws, rules, regulations
and ordinances, as may be amended.
18. Notices. All notices or demands upon any Party to this Agreement shall be in writing and
shall be delivered electronically, in person, or sent by mail, addressed as follows:
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For Agreement Administration:
Arizona Department of Transportation
Joint Project Agreement Group
205 S. 17th Avenue, Mail Drop 637E
Phoenix, AZ 85007
JPABranch@azdot.gov
For Project Administration:
Arizona Department of Transportation
Central District
2140 W. Hilton Ave., Mail Drop E700
Phoenix, AZ 85009
(602) 712-6664
Maricopa County Department of
Transportation
Attn: Intergovernmental
Relations Branch
2901 W. Durango Street
Phoenix, AZ 85009
(602) 506-8694
Maricopa County Department of
Transportation
Attn: Intergovernmental
Relations Branch
2901 W. Durango Street
Phoenix, AZ 85009
(602) 506-8603
19. Revisions to Contacts. Any revisions to the names and addresses above may be updated
administratively by either Party and shall be in writing.
20. Legal Counsel Approval. In accordance with A.R.S. § 11-952 (D), the written determination
of each Party’s legal counsel providing that the Parties are authorized under the laws of this
State to enter into this Agreement and that the Agreement is in proper form is set forth
below.
21. Electronic Signatures. This Agreement may be signed in an electronic format using
DocuSign.
Remainder of this page is intentionally left blank.
(Signatures begin on the next page)
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IN WITNESS WHEREOF, the Parties have executed this Agreement to be effective upon the full
completion of signing and dating by all Parties to this Agreement.
MARICOPA COUNTY
Department of Transportation
By _________________________________________________Date________________
JESSIE GUTIERREZ
Transportation Director
Approved and Accepted by:
By _________________________________________________Date________________
CLINT HICKMAN
Chairman
Board of Supervisors
By _________________________________________________Date________________
JUANITA GARZA
Clerk of the Board
I have reviewed the above referenced Intergovernmental Agreement between the State of
Arizona, acting by and through its DEPARTMENT OF TRANSPORTATION, and MARICOPA
COUNTY, an agreement among public agencies which, has been reviewed pursuant to A.R.S. §§
11-951 through 11-954 and A.R.S. § 11-251 and declare this Agreement to be in proper form and
within the powers and authority granted to the County under the laws of the State of Arizona.
No opinion is expressed as to the authority of the State to enter into this Agreement.
Approved as to Form:
By _________________________________________________Date_________________
Deputy County Attorney
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6/6/2023
6/6/2023
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ARIZONA DEPARTMENT OF TRANSPORTATION
By ______________________________ Date___________
STEVE BOSCHEN, PE
Infrastructure Delivery and Operations Division
Division Director
A.G. Contract No. P0012023000255 (ADOT IGA 23-0009051-I), an Agreement between public
agencies, the State of Arizona and Maricopa County, has been reviewed pursuant to A.R.S. §§ 11-
951 through 11-954 and A.R.S. § 28-401, by the undersigned Assistant Attorney General who has
determined that it is in the proper form and is within the powers and authority granted to the
State of Arizona. No opinion is expressed as to the authority of the remaining Parties, other than
the State or its agencies, to enter into said Agreement.
By _____________________________________ Date___________
Assistant Attorney General
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