MILLER RD IGA W JT SIGNATURE.PDF

INTERGOVERNMENTAL AGREEMENT
BETWEEN MARICOPA COUNTY AND THE CITY OF BUCKEYE
FOR IMPROVEMENTS TO: MILLER ROAD FROM
TONOPAH-SALOME HIGHWAY TO VAN BUREN STREET
TT 338
MAG #: MMA-19-PAV-001
FEDERAL AID #:
TRACS #:
CFDA #: 20.205
(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 Buckeye 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 ef. seq. authorize the County to lay
out, maintain, control and manage public roads within the County.
2; 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.
3. A.R.S. Section 9-240 and Sections 9-276 ef. seq. authorize the City to lay out
and establish, regulate and improve streets within the City and to enter into this
Agreement.
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BACKGROUND
Miller Road, from Tonopah Salome Highway to Van Buren Street, is a two-lane,
meandering dirt road that crosses over Maricopa County Flood Control District's
(Flood Control) Buckeye Flood Retardant Structure #2 (Structure). The road
conveys passenger traffic and class 3 and class 6 vehicles (three and five axle
vehicles, respectively) to several private properties, a gravel extraction operation,
the joint use training facility operated by Arizona Army National Guard and Army
Reserve, and other dirt cross-streets. The project is located within Sections 5, 6,
7, 8, 17, and 18; Township 1 North; Range 3 West, Gila and Salt River Baseline
and Meridian, in unincorporated Maricopa County, Arizona.
Along the corridor, there is an existing eighty (80) feet of right-of-way that will
need to be supplemented with additional right-of-way and drainage and
construction easements to improve the road.
The proposed project will realign and pave a two lane road to improve air quality
by reducing the generation of fugitive dust, improve safety by bringing the
existing profile to acceptable standards and improving site distances, and
improve drainage characteristics to keep runoff from entering the roadway and
blocking traffic during storm events. The height of the road will be raised over the
Structure to meet standards, accommodate drainage, facilitate maintenance
vehicle crossings and meet entrance requirements set by Flood Control
(Project).
The anticipated Project schedule is as follows:
7.1. Design and environmental clearance in FY 2017.
7.2. Right-of-way acquisition in FY 2018.
7.3. Construction in FY 2019.
The anticipated Project costs are estimated as follows:
8.1. Design and environmental clearance: $ 240,000
8.2. Right-of-way acquisition: $ 40,000
8.3. Construction: $1,200,000
8.4. Total cost: $1,480,000
The construction phase of the Project will be partially funded with Congestion
Mitigation and Air Quality (CMAQ) federal funds designated in the Maricopa
Association of Governments’ (MAG) Transportation Improvement Program (TIP).
The balance of the construction cost will be provided through a local match
shared between the Parties as provided for in this Agreement.
10. The Parties may pursue additional federal funding through MAG’s closeout
process to raise the federal participation to the maximum of ninety-four and
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three-tenths percent (94.3%) of the total construction cost.
ily © 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
12. The purpose of this Agreement is to identify and define the responsibilities of the
County and the City for various elements of the Project which include, but are not
limited to, cost sharing, design, permitting, environmental clearance, right-of-way
acquisition, utilities, construction and construction management, and annexation
of the roadway.
TERMS OF THE AGREEMENT
13. This Agreement is contingent upon the City’s compliance with the Single Audits
Act of 1984 and the availability of federal funds through the MAG TIP.
13.1. CFDA #: 20.205
13.2. Funding Source:
13.2.1. Federal Funds (for Construction phase) — CMAQ currently
programmed at $979,331
13.2.2. Local Funds — Highway User Revenue Fund (HURF) and/or local
revenues; currently programmed estimate of $500,669 to meet
federal matching requirement and pay for design and
environmental clearance, right-of-way acquisition and the balance
of construction cost
13.3. Contract Number: Federal-aid number to be assigned
13.4. Contract Period: FY 2019
13.5. Grant Amount: $979,331
14. Responsibilities of the County:
14.1. The County 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 County shall design and construct the Project to County standards.
14.3. The County shall provide the City with copies of design plans for review
and comment.
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14.4. The County shall apply to the City for no-cost permits for any necessary
Project related work performed within City jurisdiction.
14.5. The County shall be solely responsible for the actual and incurred costs of
design, environmental clearance, and right-of-way acquisition, currently
estimated at $280,000. The County shall be solely responsible for all costs
associated with Flood Control review and permitting fees. The County
shall also be responsible for fifty percent (50%) of the local share of the
actual and incurred construction costs, not including any City-requested
enhancements as described in Paragraph 11 of this Agreement. The local
share of the construction cost is estimated at $220,669, with the County
responsibility currently estimated at $110,334.50.
14.6. Upon substantial completion of the Project, the County shall invoice the
City for the total of the City’s cost share contribution, currently estimated at
$110,334.50.
15. Responsibilities of the City:
15:1. The City shall issue no-cost permits to the County, for any necessary
Project related work performed within the City.
15.2. The City shall provide comments to the County within ten (10) working
days of receipt of the design plans from the County.
15.3. The City shall contribute fifty percent (50%) of the local share of the actual
and incurred construction costs of the Project. The local share of the
construction cost is estimated at $220,669, with the City responsibility
currently estimated at $110,334.50.
15.4. The City shall also be responsible for the cost of all City-requested Project
enhancements as described in Paragraph 11 of this Agreement.
15.5. The City shall remit payment within thirty (30) days of the receipt of an
invoice from the County.
14.6 Upon substantial completion of construction of the Project, the City shall:
14.6.1 Accept all permitting, maintenance, operation and traffic control
responsibility for all Project components; and
14.6.2 Begin the annexation of all of the unincorporated areas within the
Project limits and complete the annexation within a six (6) month
period subject to the requirements of A.R.S. Section 9-471.
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GENERAL TERMS AND CONDITIONS
16. 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.
17. This Agreement shall become effective as of the date it is executed by both
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. 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.
18. This Agreement shall be subject to the provisions of A.R.S. Section 38-511.
19. The Parties warrant that they are in compliance with A.R.S. Section 41-4401 and
further acknowledge that:
19.1 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.
19.2 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.
19.3 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
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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.
19.4 Nothing in this Agreement shall make any contractor or subcontractor an
agent or employee of the Parties to this Agreement.
20. 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.
rae 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.
22. 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:
City of Buckeye
Attn: City Manager
530 E. Monroe Avenue
Buckeye, Arizona 85326
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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.
23. This Agreement does not imply authority to perform any tasks, or accept any
responsibility, not expressly stated in this Agreement.
24. This Agreement does not create a duty or responsibility unless the intention to do
so is clearly and unambiguously stated in this Agreement.
25. 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.
26. 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 Buckeye 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. In the event this provision is exercised, neither Party
shall be obligated or liable for any future payments or for any damages as a
result of termination under this Paragraph.
Af. 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.
28. 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
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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.
29. 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.
30. 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.
31. 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.
32. 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.
33. 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.
34. 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.
35. 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.
36. 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.
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37. 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.
38. | This Agreement shall be governed by the laws of the State of Arizona.
39. 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.
MARICOPA COUNTY CITY OF BUCKEYE
Recommended by: Recommended by:
DEER
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Toth, PE Date Stephen Cleveland Date
valk
ansportation Director City Manager
Approved and Accepted by: Approved and Accepted by:
Clint Hickman, Chairman Date Jackie A. Meck 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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