TT0589 PEORIA TRAFFIC SIGNALS IGA FINAL.DOCX

INTERGOVERNMENTAL AGREEMENT
BETWEEN MARICOPA COUNTY
AND THE CITY OF PEORIA
FOR INSTALLATION OF TRAFFIC SIGNALS AT
HAPPY VALLEY ROAD AND VISTANCIA BOULEVARD
AND
DEER VALLEY ROAD AND 87TH AVENUE
(TT0589)
(C-64-18-__________-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 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. Section 11-951 et. seq. authorizes 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. The intersection of Happy Valley Road with Vistancia Boulevard is an existing
unsignalized three-leg T-intersection with stop control for eastbound Happy Valley
Road. Happy Valley Road is operated by the County. Vistancia Boulevard is
operated by the City.
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5. The intersection of Deer Valley Road with 87th Avenue is an existing unsignalized
four-leg intersection with stop sign control on 87th Avenue. Deer Valley Road and
the south leg of 87th Avenue are operated by the City. The north leg of 87th
Avenue is operated by the County.
6. Traffic signal warrant analyses indicated both intersections meet signal warrants.
The proposed project is to install new traffic signals at the Deer Valley Road and
87th Avenue and at Happy Valley Road and Vistancia Boulevard intersections
(Project).
7. The Project is anticipated to be designed and constructed in Fiscal Year 2018.
8. Project Costs. The anticipated Project costs are as follows:
8.1 Design: $132,000
8.2 Right-of-way Acquisition: $ 5,000
8.3 Construction: $640,000
8.4 Total Cost of the Project: $777,000
9. The County has agreed to financially participate in the Project to fund twenty-five
percent (25%) of the cost of the project. The County’s financial contribution is not
to exceed $195,000.
10. The County will not financially participate in Project enhancements, including but
not limited to landscaping, irrigation, street lighting, visual mitigation, decorative
pavers, street furniture and any other items inconsistent with the County’s
Roadway Design Manual, unless otherwise specifically identified in this
Agreement.
PURPOSE OF THE AGREEMENT
11. 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
12. This Agreement does not alter the ownership, operation, or maintenance
responsibilities of the Parties for the Project roadways.
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13. Responsibilities of the County:
13.1 The County shall provide comments to the City within fifteen (15) working
days of receipt of the design plans from the City.
13.2 Except as provided in Paragraph 10 of this Agreement, the County shall be
responsible for twenty-five percent (25%) of the total cost of the Project. The
total cost of the Project is currently estimated at $777,000, with the County
responsibility not to exceed $195,000.
13.3 The County shall remit payment within thirty (30) days of the receipt of an
invoice from the City.
13.4 The County shall issue no-cost permits to the City for any necessary Project
related work performed within the County.
13.5 The County shall participate with the City in the substantial completion, final
inspection and acceptance of the Project.
13.6 The County shall conduct right-of-way related activities that include the
following:
13.6.1 The County shall assist with the acquisition of property rights (fee
simple and/or easements) within the County’s jurisdiction
necessary for the Project, as requested by the City, and shall, as
needed, authorize the County’s Legal Representative (which may
be the County Attorney’s Office or outside counsel, depending
upon availability of resources within the County Attorney’s Office)
to initiate, file and perform all acts in the manner required by law
to condemn property in the County's jurisdiction and obtain an
Order of Immediate Possession in the County that is deemed
necessary for the Project (“Real Estate Support”). When a
property to be acquired extends into both municipal and county
jurisdiction, the County and the City shall confer and attempt to
develop a plan whereby all the needed property can be acquired
in a single action, rather than have two litigations proceed at the
same time against an owner.
13.6.2 The County shall provide Real Estate Support within a realistic
timeframe as determined by the accessibility of available agents
and timely delivery by the City of right-of-way plans, parcel plat(s),
legal description(s), and a complete copy of the City's acquisition
file(s) for the parcels to be condemned.
13.6.3 The County shall determine whether the method of compensation
by the City for the costs that is prescribed in Paragraphs
14.10.8.1 through 14.10.8.5 of this Agreement shall be direct
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payment by the City to the County’s vendor or shall be a
reimbursement to the County.
13.6.4 The County shall invoice the City on a monthly basis for any right-
of-way assistance expenses that are not subject to direct
payment. The County shall provide invoice notification that
includes an itemization of expenses being requested for
payment.
13.6.5 At the time of the City’s request pursuant to Paragraph 14.10.3 of
this Agreement, the County shall assume all responsibility for the
management of the acquisition, in accordance with the statutes,
policies, and procedures that govern the County’s ability to
acquire the land rights. The County shall, ten days prior to
concluding any settlement or purchase of property or property
rights necessary for the Project, seek and duly consider the City
Engineer’s written comments with regards to such proposed
settlement or purchase; provided, however, that the County shall
retain final decision-making authority with regard to same.
14. Responsibilities of the City:
14.1 The City shall act as the lead agency for all aspects of the Project, including
but not limited to design, environmental clearance, right-of-way acquisition,
and construction.
14.2 The City shall design and construct the Project to City standards.
14.3 The City shall provide the County with copies of design plans for review and
comment.
14.4 The City shall apply to the County for no-cost permits for any necessary
Project related work performed within County jurisdiction.
14.5 The City shall be responsible for seventy-five percent (75%) of the total cost
of the Project. The total cost of the Project is currently estimated at
$777,000, with the City’s responsibility currently estimated at $582,000.
14.6 The City shall also be solely financially responsible for the cost of all Project
enhancements, as described in Paragraph 10 of this Agreement that have
been requested by the City.
14.7 Upon the substantial completion of each intersection in the Project, the City
shall invoice the County for the County’s estimated total cost share
contribution for each intersection. The City shall not invoice the County prior
to July 1, 2018. The County’s cost share is not to exceed $195,000.
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i. The estimated total cost share for the signal at Happy Valley Road
and Vistancia Boulevard is $98,000.
ii. The estimated total cost share for the signal at Deer Valley Road
and 87th Avenue is $97,000
14.8 The City shall assume full responsibility for the operation and maintenance
of the traffic signals installed as part of the Project.
14.9 The City shall assume all costs associated with the operation of the
signalized intersections, including electrical power to the traffic signal and
any associated luminaries.
14.10 The City shall conduct right-of-way related activities that include, but are not
limited to, the following:
14.10.1 The City shall identify required right-of-way, parcel numbers and
property owners.
14.10.2 The City shall be responsible for contacting property owners,
submitting an offer to property owners for the acquisition of the
right-of-way, negotiating with property owners for the acquisition
of right-of-way and paying property owners for the right-of-way. If
the City’s negotiations result in the successful acquisition of all or
a portion of the needed right-of-way, the City shall also be
responsible for all escrow fees and related costs. The City shall
conduct all activities required pursuant to this Paragraph in a
timely manner in order for it to comply with the requirements of
Paragraph 14.10.4 of this Section.
14.10.3 If the City is unsuccessful in acquiring all required right-of-way
from property owners within County jurisdiction, the City shall
request the County commence condemnation proceedings to
acquire the right-of-way and related easements within the
County's jurisdiction needed for the Project as soon as it appears
that condemnation will be necessary. The City acknowledges
that, due to statutory requirements, time needed to complete
necessary tasks and potential staff constraints, the County needs
a minimum of five (5) months prior to construction to file
condemnation proceedings and obtain an Order for Immediate
Possession. The five (5) month timeline is contingent upon
adequate staffing for County Real Estate Department, Maricopa
County Attorney’s Office and receipt of all relevant information
and documentation from the City that is sufficient to proceed on
with acquisition and/or condemnation.
14.10.4 At the time of the City’s request pursuant to Paragraph 14.10.3 of
this Agreement, the City shall provide to the County recordable
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legal descriptions, maps, and exhibits required by the County to
complete right-of-way acquisitions.
14.10.5 At the time of the City’s request pursuant to Paragraph 14.10.3 of
this Agreement, the City shall cease and desist all contact with
the property owners, and shall confer to the County all
responsibility for the management of the necessary right-of-way
acquisitions or condemnation for the Project.
14.10.6 The City shall refer any and all escalation of questions and
concerns with the acquisition of the Project to the management
of the County Real Estate Department.
14.10.7 The City shall provide any information requested by the County
as to its proposed construction or related issues in order to assist
in the County’s acquisition of the property.
14.10.8 The City shall pay directly to the County’s vendor or reimburse
the County as determined pursuant to Paragraph 13.6.3 of the
this Agreement for all expenses incurred by the County for Real
Estate Support, including, but not limited to:
14.10.8.1 Title Examinations and Reports
14.10.8.2 Property Appraisals
14.10.8.3 Cost of acquisition of property and/or easements,
including escrow and closing costs
14.10.8.4 Cost of condemnation proceedings if needed
14.10.8.5 All related attorney’s fees and costs provided by
Maricopa County
14.10.9 Notwithstanding the provisions of Paragraph 14.10.8 above,
reimbursement to the County for the stipulated cost of acquisition
of property and/or easements in excess of 30% of the County’s
most current appraised fair market value shall require
authorization by the City Council.
14.10.10 Notwithstanding the provisions of Paragraph 14.10.8 above, the
City, at the County discretion and pursuant to Paragraph 13.6.3
of this Agreement, shall pay directly to the County’s vendor or
reimburse the County directly for the full cost of acquisition as
determined by any non-stipulated judgment entered in a
condemnation case filed by Maricopa County pursuant to the
terms of this Agreement.
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GENERAL TERMS AND CONDITIONS
15. 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
subject of this indemnity shall include costs, expenses of litigation and reasonable
attorney’s fees.
16. 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.
17. This Agreement shall be subject to the provisions of A.R.S. Section 38-511.
18. The Parties warrant that they are in compliance with A.R.S. Section 41-4401 and
further acknowledge that:
18.1 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.
18.2 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.
18.3 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.
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18.4 Nothing in this Agreement shall make any contractor or subcontractor an
agent or employee of the Parties to this Agreement.
19. 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.
20. 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.
21. 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
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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.
22. This Agreement does not imply authority to perform any tasks, or accept any
responsibility, not expressly stated in this Agreement.
23. This Agreement does not create a duty or responsibility unless the intention to do
so is clearly and unambiguously stated in this Agreement.
24. 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.
25. 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 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.
26. 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.
27. 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.
28. 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.
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29. 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.
30. 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.
31. 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.
32. 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.
33. 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.
34. 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.
35. 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.
36. 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.
37. 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 PEORIA
Recommended by:
Jeff Tyne Date
City Manager
Approved and Accepted by:
Cathy Carlat Date
Mayor
Attest by:
City Clerk Date
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.
City Attorney Date
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IN WITNESS WHEREOF, the Parties have executed this Agreement.
MARICOPA COUNTY
Recommended by:
Jennifer Toth, P.E. Date
Transportation Director
Approved and Accepted by:
Denny Barney, 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 the Board of Supervisors under the laws of the State of Arizona.
Deputy County Attorney Date
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