IGA WITH CITY OF MESA - PAVEMENT REHABILITATION .PDF

INTERGOVERNMENTAL AGREEMENT BETWEEN MARICOPA COUNTY
AND THE CITY OF MESA FOR THE PAVEMENT REHABILITAION OF
ADOBE ROAD FROM HIGLEY ROAD TO RECKER ROAD
TT0566
C-64-18- -M-00
This Agreement is between the County of Maricopa, a body politic, acting through the
Maricopa County Department of Transportation (County), and the City of Mesa, a municipal
corporation (City).
STATUTORY AUTHORIZATION
1. A.R.S. §§11-251 and 28-6701, et seq., authorize the County to layout, maintain, control
and manage public roads within the County, and enter into this Agreement.
2. A.R.S. §11-951, et seq., authorizes public agencies to enter into Intergovernmental
Agreements for the provision of services or for joint or cooperative action.
BACKGROUND
3. The County is initiating its annual pavement preservation program in the northeast part
of Maricopa County.
4. Approximately 24,482.32 square yards of Adobe Road, between Higley Road and
Recker Road lie within the City's jurisdiction. This portion of the existing roadway
includes an inverted crown and an asphalt valley gutter.
5. The County is proposing to improve Adobe Road, by milling and replacing the existing
pavement with three (3) inches of rubberized asphalt concrete pavement. The County
will also construct a six (6) foot wide concrete valley gutter along the center of this
section of Adobe Road (Project).
6. The Parties will share in the cost of the construction in relative proportion to the area in
each Party's respective jurisdiction.
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7 The County and the City are using the most efficient and cost-effective methods to
complete this work in a cooperative manner.
8. The City is prepared to actively participate in this project to the extent set forth in this
agreement.
PURPOSE OF THE AGREEMENT
9. The purpose of this Intergovernmental Agreement is to identify and define the
responsibilities of the County and the City for the cost sharing, design, construction, and
construction management.
TERMS OF THE AGREEMENT
10. The County agrees to:
10.1 Act as the lead agency for all aspects of the Project.
10.2 The County shall design and construct the Project to County standards.
10.3 The County shall apply to the City for no-cost permits for any necessary Project
related work performed within City jurisdiction.
10.4 The County shall invoice the City for the City's cost of improvements based upon
the jurisdictional boundaries, currently estimated at $68,097.
11. The City Agrees to:
11.1 Provide a no-cost permit to the County to work within the City's jurisdictional
boundaries as necessary to complete the Project.
11.2 Remit payment to the County within 30 days of receipt of a proper invoice for the
City's cost of improvements currently estimated at $68,097, based upon the
jurisdictional boundaries of Adobe Road.
11.3 Be responsible for maintenance of the improvements within the City's jurisdiction
after construction is completed.
GENERAL TERMS AND CONDITIONS
12. 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
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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.
13. 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.
14. This Agreement shall be subject to the provisions of A.R.S. Section 38-511.
15. The Parties warrant that they are in compliance with A.R.S. Section 41-4401 and further
acknowledge that:
15.1 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.
15.2 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.
15.3 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.
15.4 Nothing in this Agreement shall make any contractor or subcontractor an agent or
employee of the Parties to this Agreement.
16. 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.
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17. 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.
18. 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, Arizona 85009
City of Mesa
Attn: Transportation Director
P.O. Box 1466
Mesa, Arizona 85211
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.
19. This Agreement does not imply authority to perform any tasks, or accept any
responsibility, not expressly stated in this Agreement.
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20. This Agreement does not create a duty or responsibility unless the intention to do so is
clearly and unambiguously stated in this Agreement.
21. 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.
22. 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 Mesa 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.
23. 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.
24. This Agreement, including all Exhibits attached to this Agreement, sets forth all of the
covenants, promises, agreements, conditions and understandings between the Parties,
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. 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.
25. 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. The indemnification and insurance provisions of this Agreement shall survive the
termination of this Agreement.
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.
CITY OF MESA MARICOPA COUNTY
Recommended by:
illikaI Cat Zo t
Jerirlif r Toth, PE. Date
Tr6iJ2i ortation Director
Approved and Accepted by: Approved and Accepted by:
1 /
„Aid T
CiTrist. phe—r J Brady/ Denny Barney, Chairman Date
City Manager • Board of Supervisors
Attest by: Attest by:
Date Clerk of the Board Date
FROVAL OF CITY ATTORNEY AND DEPUTY COUNTY ATTORNEY
1 hereby state that I have reviewed the proposed Inter governmental Ag reement and declare the
Ag reement to be in proper form and within the powers and authorit y g ranted to the Parties b y
their respective governin g bodies under the laws of the State of Arizona.
1(T
f:City Attorney Date Deputy County Attorney Date
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