UNION HILLS, PARADISE RV_PEORIA.PDF

INTERGOVERNMENTAL AGREEMENT
BETWEEN MARICOPA COUNTY AND THE CITY OF PEORIA
FOR IMPROVEMENTS TO UNION HILLS DRIVE
FROM 111TH AVENUE TO 107TH AVENUE
(C-64-19- -M-00)
This Intergovernmental Agreement (Agreement) is between the County of Maricopa, a
political subdivision of the State of Arizona (County), and the City of Peoria, a municipal
corporation (City). The County and the City are collectively referred to as the Parties or
individually as a Party.
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 City to lay out and
establish, regulate and improve streets within the City and to enter into this
Agreement.
BACKGROUND
4. Union Hills Drive from 111th Avenue to 107th Avenue is a two-lane arterial road
with a center turn lane owned and maintained by the City. The County has right-
of-way on the south shoulder of Union Hills Drive. Unincorporated Maricopa
County borders Union Hills Drive to the south and the City of Peoria borders Union
Hills Drive to the north.
5. The City plans to improve Union Hills Drive at the entrance to Paradise RV Park,
driveway located approximately two-tenths (0.2) miles east of 111th Avenue. The
Project will extended the existing acceleration lane to provide more distance for
vehicular traffic that exits the Paradise RV Park so it can safely merge into the
eastbound travel lane. The Project will also install a deceleration lane into the
SCANNED [CON 01719

Paradise RV Park. The Project will include installing curb and gutter, installing
scuppers for drainage, installing a pedestrian ramp, installing new asphaltic
concrete; relocating a private irrigation line, relocating an existing streetlight,
relocating an existing communication pedestal, installing new turf, sidewalk, valley
gutter, and other miscellaneous improvements
6. The Project will improve safety by extending the existing acceleration lane which
will provide more time for large vehicles to exit the Paradise RV Park and merge
safely onto Union Hills. The installation of the deceleration lane will minimize rear-
end collisions between vehicular traffic wanting to enter the Paradise RV Park and
vehicular traffic traveling westbound on Union Hills Drive.
7 The Project is expected to be completed in Fiscal Year 2020-21, and will be fully
funded by the City. The County is not financially participating in the Project unless
otherwise stated in this Agreement.
PURPOSE OF THE AGREEMENT
8. The purpose of this Intergovernmental Agreement is to identify and define the
responsibilities of the Parties for various elements of the Project which include, but
are not limited to, design, permitting, environmental clearances, right-of-way
acquisitions, utilities, construction and construction management, and annexation
of the roadway.
TERMS OF THE AGREEMENT
9. Responsibilities of the County:
9.1 The County shall provide no-cost permits for construction and traffic control
to the City for any Project-related work that lies within unincorporated
County boundaries.
9.2 The County shall be responsible for plan review and approval, including
traffic control plans, and inspection and construction approval for any
Project work within the County's jurisdiction.
10. Responsibilities of the City:
10.1 The City shall act as the lead agency on all elements of work for the Project,
including but not limited to design, right-of-way acquisition, utility relocation,
environmental clearance, construction, and construction management.
10.2 The City shall provide the County with a project schedule and at least
quarterly Project status reports.
Page 2 of 9

10.3 The City shall apply for no-cost permits for any Project-related work that lies
within unincorporated County boundaries and follow all normal permitting
requirements and processes.
10.4 The City shall ensure contractor carries and maintains liability insurance,
and will have the contractor list Maricopa County as Additional Insured.
10.5 The City shall inspect and approve construction for the Project and include
the County in the final inspection and approval for all work within County
jurisdiction.
10.6 The City shall be responsible for traffic control during construction of the
Project, and shall notify the County in advance of approving any lane
closures and/or roadway restrictions. If roadway improvements, including
permanent traffic elements, or traffic control extend to other County
roadways beyond the Project, the City shall apply to the County for separate
construction and traffic control permits.
10.7 The City shall assume responsibility and liability for the design, permitting,
construction, inspection, operation, maintenance, and repair for the Project
roadways, traffic control devices, and street lights within the Project limits.
10.8 Upon notice to proceed for construction, the City shall assume operation,
maintenance, and liability responsibilities for the entire Project area not
already under the City's jurisdiction, including any pavement added within
County jurisdiction.
GENERAL TERMS AND CONDITIONS
11. 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
Page 3 of 9

subject of this indemnity shall include costs, expenses of litigation and reasonable
attorney's fees.
12. 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.
13. This Agreement shall be subject to the provisions of A.R.S. Section 38-511.
14. The Parties warrant that they are in compliance with A.R.S. Section 41-4401 and
further acknowledge that:
14.1 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
(3) years, whichever is longer.
14.2 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.
14.3 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.
14.4 Nothing in this Agreement shall make any contractor or subcontractor an
agent or employee of the Parties to this Agreement.
15. 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.
16. 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
Page 4 of 9

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.
17. 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 West Durango Street
Phoenix, Arizona 85009
City:
City of Peoria
Attn: City Manager
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 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.
18. This Agreement does not imply authority to perform any tasks, or accept any
responsibility, not expressly stated in this Agreement.
Page 5 of 9

19. This Agreement does not create a duty or responsibility unless the intention to do
so is clearly and unambiguously stated in this Agreement.
20. 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.
21. 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 Peoria City 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.
22. 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.
23. 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.
24. 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.
25. 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.
26. 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.
27. Nothing contained in this Agreement shall create any partnership, joint venture or
Page 6 of 9

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.
28. 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.
29. 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.
30. 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.
31. 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.
32. 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.
33. This Agreement shall be governed by the laws of the State of Arizona.
34. 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
Page 7 of 9

IN WITNESS WHEREOF, the Parties have executed this Agreement.
CITY OF PEORIA
Recommended by:
Date
Approved and Accepted by:
APPROVAL OF CITY 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 City by its respective governing body under the laws of the State of Arizona.
0.-..-.,-, o _.t fl
LOON 31719

IN WITNESS WHEREOF, the Parties have executed this Agreement.
MARICOPA COUNTY
Recommended by:
1)5 201
Date
Traksoixtation Director
Approved and Accepted by:
Bill Gates, Chairman Date
Board of Supervisors
Attest by:
Clerk of the Board Date
APPROVAL OF DEPUTY COUNTY 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 County by its respective governing body under the laws of the State of Arizona.
Deputy County Attorney Date
Page 9 of 9