2026-06-18_ - PC 2286 -TT0372-PEORIA-SSFM-IGA-WITH-EXHIBITS-SIGNED.PDF
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INTERGOVERNMENTAL AGREEMENT BETWEEN MARICOPA COUNTY AND THE CITY OF PEORIA FOR THE INSTALLATION OF A SANITARY SEWER FORCE MAIN AS PART OF THE NORTHERN PARKWAY PROJECT TT0372 PHASE I, FROM 103RD AVENUE TO 99TH AVENUE This Intergovernmental Agreement (Agreement) is between Maricopa County, a political subdivision of the State of Arizona (County), and the City of Peoria, a municipal corporation (City). The County and City are collectively referred to as the Parties or individually as a Party. STATUTORY AUTHORIZATION 1. The County is authorized, pursuant to Arizona Revised Statutes (A.R.S.) § 11-251 and §§ 28-6701 et. seq., to lay out, maintain, control, and manage public roads within the County. 2. The City is authorized, pursuant to A.R.S. § 9-240 and §§ 9-276 et. seq., to lay out and establish, regulate, and improve streets within the City and to enter into this Agreement. 3. Public agencies are authorized, pursuant to A.R.S. §§ 11-951 et. seq., to enter into Intergovernmental Agreements for the provision of services or joint or cooperative action. BACKGROUND 4. The County intends to improve Northern Avenue, from 103rd Avenue to 99th Avenue and has identified this Transportation Improvement Project (TIP) as TT0372 Phase I. TT0372 is currently in design and is federally funded for construction in Fiscal Years 2027 and 2028. 5. The City has requested the installation of a 12-inch sanitary sewer force main in the Northern Avenue road right of way with a section to be hung under the bridge deck in a 20-inch sleeve on the New River Bridge during the design and construction of TT0372 Phase I (Project). 6. The Project will be constructed to City standards. The engineering design of the Project is being paid for by the City under a separate consultant contract. No federal funding will be used for design or construction of the Project. 7. The City is solely responsible for the construction and construction management costs of the Project, currently estimated at approximately $637,000, as shown in Exhibit A, which is attached to this Agreement and incorporated by reference. The Parties have agreed the City will be financially responsible for the total of the actual construction cost of the Project. Docusign Envelope ID: AC5452CA-72E4-854F-82B3-B6A64BF46B84 The payment to the County will be for furnishing materials, construction, inspection, and construction management only. 8. The County shall be responsible for constructing the Project using the County's approved construction contractor retained for the Project. PURPOSE OF THE AGREEMENT 9. The purpose of this Intergovernmental Agreement is to identify and define the responsibilities of the Parties for the Project, including but not limited to cost-sharing, permitting, environmental clearance, utility relocation, construction, and construction management. TERMS OF THE AGREEMENT 10. County Responsibilities: 10.1 The Background recital Paragraphs 4 through 8 are incorporated by reference as though fully stated here and incorporated into these terms of the Agreement. 10.2 Act as Lead agency on all Project elements. 10.3 Have no financial obligations for the Project. 10.4 Construct the Project to City Standards. 10.5 Provide construction documents (plans and specifications) for review by the City at the appropriate stages of submittals for construction, and allow for inspection by the City at appropriate stages during installation, construction and testing. 10.6 Apply to the City for no-cost permits for any Project-related work within City boundaries. 10.7 Provide the City with written notice of any proposed change order requests related to the Project at least ten (10) calendar days prior to execution, to allow the City an opportunity to review and approve the proposed change order. After ten (10) calendar days, the County retains sole discretion (which shall not be exercised unreasonably) to execute any commercially reasonable change order. 10.8 Upon completion of the Project, the County shall invoice the City for the construction of the Project. 10.9 Upon completion of each stage of the Project, the County shall allow the City to complete an exterior inspection within six (6) calendar days of notification. Provided the completed improvements are consistent with the City's Standards, and the Approval of Construction (AOC) certificate has been issued to the City by the Maricopa County Environmental Services Department (MCESD), the City shall accept ownership thereof. Docusign Envelope ID: AC5452CA-72E4-854F-82B3-B6A64BF46B84 11. City Responsibilities: 11.1 Be solely responsible for the total of the actual construction cost of the Project, as set forth in Paragraph 7 above, including but not limited to design and construction. 11.2 Provide no-cost permits to the County, as applicable, for any Project work within City boundaries. 11.3 Review submitted construction documents for the Project and provide comments to the County within ten (10) calendar days of receipt. 11.4 Review any change order requests and provide approval, or an objection thereof, within ten (10) calendar days of receipt from the County. 11.5 Complete an exterior inspection within six (6) calendar days of notification as set forth in Section 10.9 above. 11.6 Upon completion of the Project and receipt of an invoice from the County, the City shall reimburse the County for the actual construction cost of the Project. 11.7 Upon completion of the Project, the City shall own, operate and maintain all Project elements. GENERAL TERMS AND CONDITIONS 12. To the extent permitted by law, each Party will indemnify, defend, and hold the other Party harmless, including any of the Party’s departments, agencies, officers, employees, elected officials, or agents, from and against all liability, loss, expense, damage or claim of any nature whatsoever that is caused by any activity, condition or event arising out of the performance or nonperformance by the indemnifying Party of any of the provisions of this Agreement, including but not limited to injuries or death of persons or damages to or destruction of property. In the event of an action, the damages that 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 executed by all the governing bodies of the Parties and shall remain in full force and effect for ten (10) years, or until all responsibilities of the Parties in this Agreement have been completed. Any and all obligations of maintenance and indemnity hereunder shall remain perpetual and shall survive any termination hereof and the assignment or assumption of this Agreement or the Project by another competent jurisdiction or entity. Any property, real or personal, acquired in performance of this Agreement shall remain the property of the Party in possession at termination of the Agreement pursuant to the terms herein. 14. This Agreement may be amended only upon written agreement by all Parties. 15. This Agreement is subject to the provisions of A.R.S. § 38-511. Docusign Envelope ID: AC5452CA-72E4-854F-82B3-B6A64BF46B84 16. The Parties warrant that they are following A.R.S. § 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. § 23- 214(A), and shall keep a record of the verification for the duration of the employee’s employment or at least three (3) years, whichever is longer. 16.2 Any breach of the warranty shall be deemed a material breach of this Agreement, of which breaching Party may be liable for penalties including termination of the Agreement. 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 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. 17. Any contractor or subcontractor who engages in for-profit activity and has ten (10) or more employees, certifies it is not currently engaged in and agrees for the duration of this Agreement to not engage in, a boycott of goods or services from Israel. This certification does not apply to a boycott prohibited by 50 U.S.C. § 4842 or a regulation issued pursuant to 50 U.S.C. § 4842. 18. Each Party warrants and certifies that no contractor or vendor under contract with the Party to provide goods or services toward the accomplishment of the objectives of this Agreement currently has, and for the duration of the contract will not, use: 18.1 The forced labor of ethnic Uyghurs in the People's Republic of China. 18.2 Any goods or services produced by the forced labor of ethnic Uyghurs in the People's Republic of China. 18.3 Any contractors, subcontractors, or suppliers that use the forced labor or any goods or services produced by the forced labor of ethnic Uyghurs in the People's Republic of China. If any Party becomes aware during the term of the Agreement that any contractor or vendor is not in compliance with this paragraph, the Party shall notify the other Party within five (5) business days after becoming aware of the noncompliance. Failure of the Party to provide a written certification that the contractor or vendor has remedied the noncompliance within one hundred eighty (180) days after notifying the public entity of its noncompliance, this Agreement shall terminate unless the Term of this Agreement shall end prior to said one hundred eighty (180) day period. 19. It shall be a material breach of this Agreement for a Party to fail to observe or perform any of the material covenants, conditions, or provisions of this Agreement, where such Docusign Envelope ID: AC5452CA-72E4-854F-82B3-B6A64BF46B84 failure shall continue for a period of thirty (30) days after the non-defaulting Party provides the defaulting Party with written notice of such failure; provided, however, that such failure shall not be a Default if the defaulting Party has commenced curing the Default within such thirty (30) day period and thereafter is diligently pursuing such cure to completion. The total aggregate cure period shall not exceed ninety (90) days unless the Parties otherwise agree in writing. In the event of Default, the non-defaulting Party, at its option, may terminate this Agreement without waiving any available remedies at law or in equity. 20. All notices required under this Agreement to be given in writing shall be sent to: Maricopa County Department of Transportation Attn: Intergovernmental Relations Branch 2901 W. Durango Street Phoenix, Arizona 85009 TaiAnna.Yee@maricopa.gov City of Peoria Attn: Director of Development and Engineering 9875 North 85th Avenue Peoria, Arizona 85345 enadmin@peoriaaz.gov City of Peoria Attn: City Manager 8401 West Monroe Street Peoria, Arizona 85345 City of Peoria Attn: City Attorney 8401 West Monroe Street Peoria, Arizona 85345 All notices required or permitted by this Agreement or applicable law shall be in writing and may be delivered by e-mail, in person (by hand or courier) or may be sent by regular or certified mail or U.S. Postal Service Express Mail, with postage prepaid, or by commercial delivery service performed with receipt. Any notice sent by 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 the United States Express Mail or overnight delivery service that guarantees next-day delivery shall be deemed given 24 hours after delivery of the notice to the Postal Service or courier for delivery. Notice given by e-mail shall be deemed delivered one business day after the e- mail was sent. 21. Any funding provided for in this Agreement, other than in the current fiscal year, is contingent upon being budgeted and appropriated by the governing bodies of the Parties in such fiscal year. 22. This Agreement shall be construed as a whole and under its fair meaning and without regard to any presumption or other rule requiring construction against the party drafting this Agreement. If a court of competent jurisdiction finds that any provision is invalid, all remaining provisions shall remain in full effect. 23. No waiver of any term of this Agreement shall be deemed to be a continuing waiver of such term. Docusign Envelope ID: AC5452CA-72E4-854F-82B3-B6A64BF46B84 24. Except as otherwise provided in this Agreement, all covenants, agreements, representations, and warranties outlined in this Agreement, or any certificate or instrument executed or delivered according to this Agreement shall survive the expiration or earlier termination of this Agreement for a period of one (1) year. 25. 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. Electric signatures are acceptable as original signatures. 26. The Parties will execute and 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 according to this Agreement. 27. The venue for any claim arising out of or in any way related to this Agreement shall be Maricopa County, Arizona. 28. This Agreement shall be governed by the laws of the State of Arizona. End of Agreement - Signature Page Follows Docusign Envelope ID: AC5452CA-72E4-854F-82B3-B6A64BF46B84 IN WITNESS WHEREOF, the Parties have executed this Agreement. MARICOPA COUNTY Recommended by: Jesse Gutierrez, P.E. Date Transportation Director Approved and Accepted by: Chair Date Board of Supervisors Attest by: Clerk of the Board Date APPROVAL OF DEPUTY COUNTY ATTORNEY The foregoing Agreement has been reviewed pursuant to A.R.S. § 11-952 by the undersigned Deputy County Attorney, who has determined that it is in proper form and within the powers and authority granted to the Board of Supervisors under the laws of the State of Arizona. Deputy County Attorney Date Docusign Envelope ID: AC5452CA-72E4-854F-82B3-B6A64BF46B84 6/8/2026 6/5/2026 ITEM UNIT QTY EXTENDED AMOUNT 206.09000 Lump Sum 1 $180,000.00 213.01100 Allowance 50000 $50,000.00 215.09000 CY 479 $31,317.02 216.00100 CY 479 $35,925.00 216.00200 CY 363 $27,225.00 301.09090 CY 18 $2,340.00 602.20020 LF 440 $88,000.00 602.20099 Each 74 $22,200.00 603.30012 LF 857 $59,990.00 603.30099 Lump Sum 1 $15,000.00 625.01921 Each 1 $5,000.00 625.09000 Each 1 $12,000.00 625.09020 Each 1 $15,000.00 630.05502 Each 1 $10,000.00 $553,997.02 15% $83,099.55 $637,096.57 (B) City of Peoria SSFM DESCRIPTION UNIT COST MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION 4/30/2026 3:03:53 PM ENGINEER'S ESTIMATE TT0372 - Northern Parkway: 103rd Ave to 91st Ave - Phase 1 Sealed Stage Support of Excavation (SOE), Earthwork, Backfill $180,000.00 Dewatering $1.00 Disposal, Non-Hazardous $65.38 Pipe Trench Excavation $75.00 Pipe Trench Backfill $75.00 Stone Pipe Bedding $130.00 Steel Casing Pipe Sleeve, ASTM A-283 Grade C, 20 in Dia. x 0.375 in Thick $200.00 Spacers for Casing Pipe $300.00 12 in HDPE $70.00 12 in HDPE Fittings $15,000.00 Security Enclosure for Combination Air Release/Vacuum Valve $5,000.00 Connection to Existing MH $12,000.00 CONSTRUCTION MANAGEMENT Grand Total: Internal Drop Connection for Existing MH $15,000.00 Combination Air Release/Vacuum Valve $10,000.00 (B) City of Peoria SSFM Sub Total: MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION Page 1 of 1 Docusign Envelope ID: AC5452CA-72E4-854F-82B3-B6A64BF46B84