TT0633_-_SOUTHERN_AVENUE_51ST_AVE_TO_37TH_LANE_SIGNED.PDF

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INTERGOVERNMENTAL AGREEMENT
BETWEEN MARICOPA COUNTY AND CITY OF PHOENIX FOR IMPROVEMENTS TO
SOUTHERN AVENUE FROM 51% AVENUE TO 37" LANE
(TT0633)

(C-64-22-___-X-00)

This Intergovernmental Agreement (Agreement) is between the County of Maricopa, a political
subdivision of the State of Arizona (the County), and the City of Phoenix, a municipal
corporation (the City). The County and the City are collectively referred to as the Parties or
individually as a Party.

STATUTORY AUTHORIZATION

The County is authorized, pursuant to Arizona Revised Statutes (A.R.S.) § 11-251 and §§
28-6701 et. seq., to lay out, maintain, control, and manage public roads within the County.

The City is authorized, pursuant to A.R.S. § 9-240 and §§ 9-276 ef. seq., to lay out and
establish, regulate and improve streets within the City and to enter into this Agreement.

Public agencies are authorized, pursuant to A.R.S. §§ 11-951 ef. seq., to enter into
Intergovernmental Agreements for the provision of services or for joint or cooperative
action.

BACKGROUND

Southern Avenue from 51% Avenue to 37" Lane is a scalloped east-west arterial roadway
with various pavement sections, including discontinuous curb, gutter, and sidewalks.

The County currently maintains and operates Southern Avenue, approximately between
49" Lane to 46" Drive and 46" Avenue to 44" Lane. The remainder of the road segment
is maintained and operated by the City.

The County classifies this roadway as a minor arterial per the MCDOT Roadway Design
Manual. The City classifies this segment of Southern Avenue as a four-lane roadway
with a raised median or cross-section per the City of Phoenix Street Classification Map.

The Parties plans to improve Southern Avenue from 51% Avenue to 37" Lane.
Improvements will include asphaltic concrete paving with a raised median, bike lanes, curb
and gutter, sidewalks, bus bay, ITS conduit, traffic signals, street lighting, and new storm
drains. (Project).

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The estimated total Project Costs are as follows:

8.0 Design $1,123,682
8.1 Right-of-way Acquisition: $468,764
8.2 Utility Relocation: $955,000
8.3 Construction: $15,173,436
8.4 Construction Management: $1,000,000
Total Cost: $18,720,882

The estimated total Project Cost is currently $18,720,882 based on FY2022 dollars for
design and construction.

The Project construction costs will be split equally between the Parties. The City will begin
a five-year repayment plan for its cost share beginning on July 1, 2025. Payment is
estimated at $1,872,088 each fiscal year and ends July 1, 2030.

The Project design began in the fiscal year 2021 and is expected to be designed in fiscal
years 2022, 2023, and 2024 and is programmed for construction in fiscal years 2025 and
2026.

PURPOSE OF THE AGREEMENT

The purpose of this Agreement is to identify the roles and responsibilities of each Party
with respect to the Project, including but not limited to design, right-of-way acquisition,
utility relocation, environmental clearance, construction, construction management, and
cost share.

TERMS OF THE AGREEMENT

Responsibilities of the County:

13.0 The County shall act as the lead agency on all elements of work for the Project.

13.1 The County shall construct the Project to City standards in compliance with the
approved plans and specifications.

13.2 The County shall ensure contractor liability insurance and have the contractor list
the City as Additional Insured.

13.3 The County shall apply for no-cost permits to the City for any Project-related work
within City boundaries.

13.4 Upon the construction of the Project, the County shall invoice the City for its first
payment of twenty percent (20%) of the City’s estimated total construction cost
share based on the approved bid proposal.

13.5 The County shall invoice the City annually for 20% of its cost share from July 1
until July 1, 2030.

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The County shall reimburse the City if the actual construction cost is less than the
current construction estimate or invoice the City if the actual construction cost is
over the existing construction estimate.

The County shall be financially responsible for the dedicated time by their staff as
it relates to this Project. The cost shall not be credited toward the County’s Project
Cost share obligation.

The County shall provide the City design and construction documents for the
Project to the City for review at the appropriate stages of development. This shall
include, but not be limited to, all mix designs, testing results, as-built plans,
inspection certificates, warranty paperwork, and specifications to the City before
the City acceptance of the project and any other materials that will be placed in
City right-of-way.

The County shall perform all inspections related to the Project. Any significant plan
deviations will require coordination and approval by the City before acceptance.

The County shall request that a City Inspector assists in performing a final
inspection before City acceptance.

Responsibilities of the City:

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14.7

The City shall provide no-cost permits to the County, as applicable, for any Project
work within unincorporated City boundaries.

The City shall provide a timely review of all design plans for the Project, as provided
by the County.

The City shall be financially responsible for the dedicated time by their staff as it
relates to this Project. The cost shall not be credited toward the City’s Project Cost
share obligation.

The City shall consult and coordinate with the County throughout the various
phases of the Project and provide them the opportunity to review the documents
and submit comments.

The City shall provide comments to the County within fifteen (15) calendar days
upon receipt of documents.

The City shall remit payment to the County within thirty (30) days of receipt.

Upon completion and final acceptance of the Project construction by the City, the
City will accept responsibility for all permitting, operation, maintenance, and traffic
control for the Project until the City’s annexation process is complete.

Begin the annexation of all the unincorporated areas within the Project, specifically
all County right-of-way on Southern Avenue between 51° Avenue to 37" Lane
limits, and complete the annexation within ninety (90) days subject to the
requirements of A.R.S. Section 9-471.

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GENERAL TERMS AND CONDITIONS

To the extent permitted by law, each Party will indemnify, defend and save the other Party
harmless, including any of the Party’s departments, agencies, officers, employees, elected
officials or agents, from and against all liability, loss, expense, damage or claim of any
nature whatsoever which is caused by any activity, condition or event arising out of the
performance or nonperformance by the indemnifying Party of any of the provisions of this
Agreement. 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.

This Agreement shall become effective as of the date it is executed by all the governing
bodies of the Parties and shall remain in full force and effect until all stipulations previously
indicated have been satisfied,

This Agreement may be amended only upon written Agreement by all Parties.
This Agreement is subject to the provisions of A.R.S. § 38-511.

The Parties warrant that they are in compliance with A.R.S. § 41-4401 and further
acknowledge that:

19.0 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. § 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.

19.1 Any breach of the warranty shall be deemed a material breach of this agreement
of which breaching party may be liable for penalties including termination of the
agreement.

19.2 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.

19.3 Nothing in this Agreement shall make any contractor or subcontractor an agent or
employee of the Parties to this Agreement.

Any contractor or subcontractor who engages in for-profit activity and has 10 or more
employees, if the value of the contract is a minimum of $1,000,000, certify it is not currently
engaged in, and agrees for the duration of this Agreement to not engage in, a boycott of
goods or services from Israel. This certification does not apply to a boycott prohibited by
50 U.S.C. § 4842 or a regulation issued pursuant to 50 U.S.C. § 4842.

Each Party warrants and certifies that no contractor or vendor under contract with the
Party to provide goods or services toward the accomplishment of the objectives of this
Agreement currently has, and for the duration of the contract will not, use:

1. the forced labor of ethnic Uyghurs in the People's Republic of China.

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2. any goods or services produced by the forced labor of ethnic Uyghurs in the
People's Republic of China.

3. any contractors, subcontractors or suppliers that use the forced labor or any
goods or services produced by the forced labor of ethnic Uyghurs in the People's
Republic of China.

If any Party becomes aware during the term of the Agreement that any contractor or
vendor is not in compliance with this paragraph, the Party shall notify the other Party within
five business days after becoming aware of the noncompliance. Failure of the Party to
provide a written certification that the contractor or vendor has remedied the
noncompliance within one hundred eighty (180) days after notifying the public entity of its
noncompliance, this Agreement shall terminate unless the Term of this Agreement shall
end prior to said one hundred eighty (180) day period.

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.

It shall be a material breach of this Agreement for a Party to fail to observe or perform
any of the material covenants, conditions or provisions of this Agreement, where such
failure shall continue for a period of thirty (30) days after the non-defaulting Party provides
the defaulting Party with written notice of such failure; 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.
The total aggregate cure period shall not exceed ninety (90) days unless the Parties
otherwise agree in writing. In the event of Default, the non-defaulting Party, at its option,
may terminate this Agreement without waiving any available remedies at law or in equity.

All notices required under this Agreement to be given in writing shall be sent to:

Maricopa County Department of Transportation
Intergovernmental Relations

2901 West Durango Street

Phoenix, AZ 85009

City of Phoenix

Street Transportation Director (or Designee)
200 West Washington Street, 5" Floor
Phoenix, Arizona 85003

Either Party may by written notice to the other specify a different address for notice. 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 or certified mail
or U.S. Postal Service Express Mail, with postage prepaid, or by commercial delivery
service performed with receipt. Any notice sent by 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

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postage prepaid. Notices delivered by United States Express Mail or overnight delivery
service that guarantees next day delivery shall be deemed given 24 hours after delivery
of the notice to the Postal Service or courier for delivery.

Any funding provided for in this Agreement, other than in the current fiscal year, is
contingent upon being budgeted and appropriated by the governing bodies of the Parties
in such fiscal year.

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.

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.

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.

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. Electric
signatures are acceptable as original signatures.

The Parties will 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.

The venue for any claim arising out of or in any way related to this Agreement shall be
Maricopa County, Arizona.

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.

MARICOPA COUNTY
Recommended by:
DocuSigned by:
Jeuunifer Tolle 10/26/2022
Jennifer ‘Toth, P.E. Date

Transportation Director

Approved and Accepted by:

Chairman Date
Board of Supervisors

Attest by:

Clerk of the Board Date

APPROVAL OF DEPUTY COUNTY ATTORNEY

The foregoing Agreement has been reviewed pursuant to A.R.S. § 11-952, as amended, by the
undersigned Deputy County Attorney, who has determined that it is in proper form and within the
powers and authority granted to the Board of Supervisors under the laws of the State of Arizona.

DocuSigned by:

Wayur Puk 10/26/2022

Deputy County Attorney Date

IN WITNESS WHEREOF, the Parties have executed this Agreement.

PHOENIX

Recommended by:
CITY OF PHOENIX, a municipal corporation
Jeffrey J. Barton, City Manager

by: Ge _ 41/08/22

Kini LE Knudson Date
Street Transportation Director

Attest:

Denise Archibald Date 44/99/2022
City Clerk

Signature:

Email:

APPROVAL OF CITY ATTORNEY
The foregoing Agreement has been reviewed pursuant to A.R.S. § 11-952, as amended, by

undersigned Counsel, who has determined that it is in proper form and within the powers and
authority granted to the Phoenix City Council under the laws of the State of Arizona.

APPROVED AS TO FORM:
Julie M. Kriegh, City Attorney

fo ov 11/08/22

By: Derick R. Lavelle Date
Assistant Chief Counsel RRA
Signature:

RRH (Nov 8, 2022 14:34 MST)

Email: rosemarie.horvath@phoenix.gov