2021-04-06 - AVONDALE - LOWER BUCKEYE SIDEWALK.PDF

DocuSign Envelope ID: B305DBB3-D374-40C6-930A-C1B218B584D8
INTERGOVERNMENTAL AGREEMENT
BETWEEN MARICOPA COUNTY
AND THE CITY OF AVONDALE
FOR IMPROVEMENTS TO: LOWER BUCKEYE ROAD
FROM EL MIRAGE ROAD TO 125TH AVENUE
(TT 0700)
(C-64-21-________-X-00)
This Intergovernmental Agreement (Agreement) is between the County of Maricopa, a
political subdivision of the State of Arizona (County), and the City of Avondale, 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. Public agencies are authorized, pursuant to A.R.S. §§ 11-951 et. seq., to enter into
Intergovernmental Agreements for the provision of services or for joint or
cooperative action.
3. 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.
BACKGROUND
4. Lower Buckeye Road from El Mirage Road to 125th Avenue is a paved arterial
roadway that is located in unincorporated Maricopa County. The roadway is
bordered on the south and north by the City of Avondale.
5. The proposed project is to construct a 5’ wide asphalt sidewalk, 3” thick, placed on
existing prepared surface. The western terminus is the SE corner of Lower
Buckeye and 125th Avenue. The eastern terminus will tie into the existing Circle K
asphalt pavement, located approximately 150 LF west of the El Mirage curb line.
(Project).
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PURPOSE OF THE AGREEMENT
6. The purpose of this Agreement is to identify and define the responsibilities of the
County and City for the Project, including but not limited to cost sharing, design,
permitting, environmental clearance, right-of-way acquisition, utility relocation,
construction and construction management, and annexation of the roadway.
TERMS OF THE AGREEMENT
7. The City shall:
7.1 Act as the lead agency for all aspects of the Project.
7.2 Plan and construct the Project to City standards, including compliance with
all ADA requirements.
7.3 Not prepare sealed plans but shall include representatives from the County
in the pre-construction meeting with their contractor.
7.4 Be responsible for 50% of the Project costs, as well as 50% of any costs of
a future project to provide a permanent pedestrian access along this
alignment. Project costs are currently estimated not to exceed $50,000.
7.5 Invoice the County for 50% of the Project costs upon completion of the
Project. Completion of the project is anticipated in FY 21.
7.6 Apply to the County for no-cost permits for any necessary Project related
work performed within County jurisdiction.
7.7 Be responsible and assume liability for the planning, permitting,
construction, inspection, operation, maintenance, and repair for all the
components of the Project while the area remains under County jurisdiction.
8. The County shall:
8.1 Be responsible for 50% of the Project costs, as well as 50% of any costs of
a future project to provide a permanent pedestrian access along this
alignment. Project costs are currently estimated at $50,000.
8.2 Pay the invoice from the City for 50% of the Project costs within thirty (30)
days of receipt.
8.3 Issue no-cost permits to the City for any necessary Project related work
performed within County jurisdiction.
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GENERAL TERMS AND CONDITIONS
9. To the extent permitted by law, each Party will indemnify, defend and save the
other Party harmless, including any of the Party’s 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.
10. This Agreement shall become effective as of the date it is approved by the
governing bodies of the Parties 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.
11. This Agreement shall be subject to the provisions of A.R.S. § 38-511.
12. The Parties warrant that they are in compliance with A.R.S. § 41-4401 and further
acknowledge that:
12.1 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.
12.2 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.
12.3 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
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an inspection.
12.4 Nothing in this Agreement shall make any contractor or subcontractor an
agent or employee of the Parties to this Agreement.
13. Any contractor or subcontractor who engages in for-profit activity and has 10 or
more employees, if the value of the contract is a minimum of $1,000,000, certify 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.
14. 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.
15. 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.
16. All notices required under this agreement to be given in writing shall be sent to:
County:
Maricopa County Department of Transportation
Attn: Intergovernmental Relations Branch
2901 W. Durango Street
Phoenix, Arizona 85009
City:
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City of Avondale
Attn: City Manager
11465 West Civic Center Drive
Avondale, AZ 85323
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.
17. This Agreement does not imply authority to perform any tasks, or accept any
responsibility, not expressly stated in this Agreement.
18. 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. This Agreement may be terminated by any Party at the
end of any fiscal year due to non-appropriation of funds.
19. 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.
20. This Agreement and all Exhibits attached to this Agreement set forth all of the
covenants, promises, agreements, conditions and understandings related to the
Project between the Parties to this Agreement, and there are no covenants,
promises, agreements, conditions or understandings, either oral or written,
between the Parties related to the Project, 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.
21. Each Party has reviewed this Agreement and has had the opportunity to have it
reviewed by legal counsel.
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22. 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.
23. 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.
24. 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.
25. 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.
26. Section or 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.
27. 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.
28. The Parties will 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.
29. The venue for any claim arising out of or in any way related to this Agreement shall
be Maricopa County, Arizona.
30. This Agreement shall be governed by the laws of the State of Arizona.
End of Agreement - Signature Page Follows
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IN WITNESS WHEREOF, the Parties have executed this Agreement.
CITY OF AVONDALE
Recommended by:
Date
City Manager
Approved and Accepted by:
Mayor Date
Attest by:
City Clerk Date
APPROVAL OF CITY ATTORNEY
The foregoing Agreement has been reviewed pursuant to A.R.S. § 11-952, as amended,
by undersigned Counsel, who has determined that it is in proper form and within the
powers and authority granted to the City under the laws of the State of Arizona.
City Attorney Date
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IN WITNESS WHEREOF, the Parties have executed this Agreement.
MARICOPA COUNTY
Recommended by:
4/6/2021
Jennifer Toth, P.E. Date
Transportation Director
Approved and Accepted by:
Chairman 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, as amended,
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.
4/7/2021
Deputy County Attorney Date
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