MISSOUR AVE IGA W JT SIGNATURE.PDF

INTERGOVERNMENTAL AGREEMENT
BETWEEN MARICOPA COUNTY
AND THE CITY OF LITCHFIELD PARK
FOR IMPROVEMENTS TO MISSOURI AVENUE
FROM LITCHFIELD ROAD TO APPROXIMATELY ONE-QUARTER MILE
EAST OF LITCHFIELD ROAD
(C-64-__- -M-_)
This Intergovernmental Agreement (Agreement) is between the County of Maricopa,
a political subdivision of the State of Arizona (County) and the City of Litchfield Park, a
municipal corporation (Litchfield Park). The County and Litchfield Park are referred to
collectively as the Parties or individually as a Party.
STATUTORY AUTHORIZATION
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.
A.R.S. Sections 11-951 ef. seg. authorize public agencies to enter into
Intergovernmental Agreements for the provision of services or for joint or
cooperative action.
A.R.S. Section 9-240 and Sections 9-276 et. seq. authorize cities to lay out and
establish, regulate and improve streets within cities and to enter into this
Agreement.
BACKGROUND
Missouri Avenue from Litchfield Road to approximately one-quarter mile east of
Litchfield Road is a two lane, paved roadway under the jurisdiction of the County.
Mattamy Homes is constructing a residential development project in Litchfield
Park, adjacent to the south side of Missouri Avenue between Litchfield Road and
approximately one-quarter mile east of Litchfield Road. Thirty (30) feet of right-
of-way will be dedicated by Mattamy Homes for roadway improvements to the
south half of Missouri Avenue. The south twenty (20) feet of Missouri Avenue as
constructed will lie within Litchfield Park, and the north ten (10) feet will lie within
the City of Glendale.
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Litchfield Park entered into a separate intergovernmental agreement with the City
of Glendale on January 20, 2016, recorded as Maricopa County Recorder No.
2016-0395477 on June 8, 2016. This agreement authorizes Litchfield Park to
provide all government services, or enter into agreement with Maricopa County
to provide services, for the portion of Glendale’s ten-foot strip annexation located
within the future right-of-way of Missouri Avenue.
Mattamy Homes is required as part of its residential development in Litchfield
Park to construct widening and other improvements for Missouri Avenue to
County standards, matching the existing roadway, including adjacent curb and
gutter (Project).
Mattamy Homes will be responsible for all Project costs associated with the
residential development in Litchfield Park except as otherwise provided in this
Agreement.
A traffic signal is not currently warranted for the Litchfield Road and Missouri
Avenue intersection, and Mattamy Homes’ traffic report indicates it will not be
warranted immediately after the residential development is built-out and Missouri
Avenue is widened.
PURPOSE OF THE AGREEMENT
10. The purpose of this Agreement is to identify and define the responsibilities of the
County and Litchfield Park for various elements of the Project which include, but
are not limited to, cost sharing, design, permitting, environmental clearances,
right-of-way acquisitions, utilities, construction and construction management,
and annexation of the roadway.
TERMS OF THE AGREEMENT
wt. Responsibilities of the County:
11.1 The Project shall be designed and constructed to County standards. The
County shall issue permit(s) in accordance with normal County permitting
procedures and shall be responsible for the inspection and final approval
and acceptance of the Project, including those portions of the Project that
are within the jurisdiction of Litchfield Park and Glendale.
11.2 The County shall review plans and provide comments in a timely manner.
11.3 Upon completion of the Project, the County shall be responsible for
maintenance of Missouri Avenue, including the Project area and adjacent
curb and _ gutter. Maintenance includes replacement and major
reconstruction as required in accordance with the Maricopa Association of
Governments Specifications and Details for Public Works in effect at the
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time such replacement or major reconstruction is needed. Prior to such
replacement or major reconstruction, the County shall confer with
Litchfield Park regarding the work. The County shall not provide
maintenance for any enhancements such as_ sidewalks, irrigation,
landscaping, street lighting, visual mitigation, decorative pavers, street
furniture, or any other items inconsistent with the County’s design
standards.
12. Responsibilities of Litchfield Park:
12.1 Litchfield Park shall require Mattamy Homes to provide the County with
copies of design plans for review and comment and to comply with all
County permitting requirements.
12.2 Litchfield Park shall timely review and provide comments on design plans.
12.3 Litchfield Park shall require Mattamy Homes to construct the Project in
compliance with all County standards and permitting requirements.
12.4 Litchfield Park delegates to the County the authority to issue permits for
that portion of the Project within the boundaries of Litchfield Park and
Glendale.
12.5 Litchfield Park shall require Mattamy Homes, as part of the residential
development, to resurface the existing Missouri Avenue from Litchfield
Road to one-quarter mile east of Litchfield Road, with slurry seal or micro
seal as prescribed by the County, at the same time as the Project is
constructed, to ensure a smooth roadway surface for all lanes.
GENERAL TERMS AND CONDITIONS
13. 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,
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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.
14. 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.
15. This Agreement shall be subject to the provisions of A.R.S. Section 38-5171.
16. The Parties warrant that they are in compliance with A.R.S. Section 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. Section 23-214(A), and shall keep a record of the
verification for the duration of the employee’s employment or at least three
years, whichever is longer.
16.2 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.
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 in order 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, 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.
18. 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
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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.
19. 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
Litchfield Park:
City of Litchfield Park
Attn: City Manager
214 W. Wigwam Boulevard
Litchfield Park, Arizona 85340
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.
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20. This Agreement does not imply authority to perform any tasks, or accept any
responsibility, not expressly stated in this Agreement.
21. This Agreement does not create a duty or responsibility unless the intention to do
so is clearly and unambiguously stated in this Agreement.
22, 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.
23. Any funding provided for in this Agreement, other than in the current fiscal year,
is contingent upon being budgeted and appropriated by 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.
24. 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 Parties.
25. 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.
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. 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.
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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.
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 Pages Follow
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IN WITNESS WHEREOF, the Parties hereto have executed this Agreement.
MARICOPA COUNTY CITY OF LITCHFIELD PARK
Recommended by: Recommended by:
ae
Je oelo4|2o1
J Toth, P-E. ‘ Date Darryl Crossman Date
nnife
ransportation Director City Manager
Approved and Accepted by: Approved and Accepted by:
Clint Hickman, Chairman Date Thomas Schoaf Date
Board of Supervisors Mayor
Attest by: Attest by:
Clerk of the Board Date City Clerk Date
APPROVAL OF DEPUTY COUNTY ATTORNEY AND CITY ATTORNEY
| hereby state that | have reviewed the proposed Intergovernmental Agreement and
declare the Agreement to be in proper form and within the powers and authority granted
to the Parties by their respective governing bodies under the laws of the State of
Arizona.
Deputy County Attorney Date City Attorney Date
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