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DocuSign Envelope ID: 89C8F69E0-6A11-4816-B314-A77DF8F0A203
INTERGOVERNMENTAL AGREEMENT BETWEEN MARICOPA COUNTY AND THE CITY
OF MESA FOR THE WATERLINE RELOCATION AT UNIVERSITY DRIVE FROM POWER
ROAD TO HIGLEY ROAD
TT0612
C-64-23- -X-00
This Intergovernmental Agreement (Agreement) is between the County of Maricopa, a political
subdivision of the State of Arizona (County) and the City of Mesa, a municipal corporation
(City). The County and City are collectively referred to as the Parties or individually as a Party.
This Agreement shall become effective as of the date it is has been approved by both the
Maricopa County Board of Supervisors and the Mesa City Council and signed in accordance
with Arizona Revised Statutes (A.R.S.) §11-952, as amended.
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. Sections 11-951 ef seq. authorize public agencies to enter into Intergovernmental
Agreements for the provision of services or for joint or cooperative action.
3. A.R.S. Sections 9-240 and 9-499.01 authorize the City to lay out and improve new
streets, avenues and alleys.
BACKGROUND
4. The County’s Active Transportation Plan (ATP) has identified the need to upgrade ADA
ramps, sidewalks, driveways, bus stops, and signal equipment on University Drive from
Power Road to Higley Road to meet 2010 ADA standards. (Project).
5. To accommodate the ADA upgrades, part of the Project includes the relocation of
existing waterline and wastewater facilities including hydrants, manholes and valves
(Waterline Relocation), which are owned and maintained by the City’s Water Resources
Department as part of the Project.
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6. The cost of the Waterline Relocations is currently estimated at $22,000 and the City will
contribute the amount of $22,000 towards the construction costs of the relocations. The
County shall be responsible for the installation of the Waterline Relocations using the
County's approved construction contractor retained for the Project.
7. The County will design the Waterline Relocation to the City Standards.
PURPOSE OF THE AGREEMENT
8. The purpose of this Intergovernmental Agreement is to identify and define the
responsibilities of the County and the City regarding the Waterline Relocation.
TERMS OF THE AGREEMENT
9. The County agrees to:
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Design and construct the Waterline Relocations to City Standards.
Provide construction documents (plans and specifications) for review by the City
at the appropriate stages of submittals for design and construction.
Use County standards for the removal of the existing water line facilities.
Request and obtain permits from the City for work on the Project within
incorporated limits, and on all City facilities.
Work with the City’s Engineering Public Relations staff to provide proper
notification to City water customers that will be impacted by the Waterline
Relocations.
Upon completion of the Waterline Relocation, the County shall allow the City the
opportunity to inspect and accept such Improvements if consistent with the City’s
Engineering Standards.
Upon completion of Project, the County shall invoice the City for the construction
and the installation of the Waterline Relocations.
10. The City Agrees to:
10.1 Review submitted construction documents for the Project and provide comments
to County within twenty (20) working days of receipt.
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10.2 Assist the County, through the City’s Engineering Public Relations staff, with
notification letters to City water customers that will be impacted by the Waterline
Relocations.
10.3 Issue the County permits to work within the incorporated limits of the City or on
City facilities will be issued to the County or its contractor subject to submission of
the appropriate application and payment of generally applicable fees.
10.4 Upon completion of the Project, final acceptance by the City, and receipt of an
invoice from the County, the City shall reimburse the County for the construction
and the installation of the Waterline Relocations.
10.5 Own, operate and maintain the Waterline Relocations after completion of the work
and final acceptance by the City.
GENERAL TERMS AND CONDITIONS
11.Each Party (as “Indemnitor’) agrees to indemnify, defend, and hold harmless the
other Party (as “Indemnitee”) from and against all claims, losses, liability, costs, and
expenses (including reasonable attorneys’ fees) (hereinafter collectively referred to as
“Claims”) arising out of bodily injury of any person (including death) or property
damage, but only to the extent that such Claims, which result in vicarious liability to
Indemnitee, are caused by the act, omission, negligence, misconduct, or other fault of
Indemnitor, its officers, agents, employees, or authorized volunteers.
12.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 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,
14. This Agreement may be amended only upon written Agreement by all Parties.
15. This Agreement shall be subject to the provisions of A.R.S. § 38-511.
16.The Parties warrant that they are in compliance with A.R.S. § 41-4401 and further
acknowledge that:
a. 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.
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b. 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.
c. 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.
d. Nothing in this Agreement shall make any contractor or subcontractor an agent or
employee of the Parties to this Agreement.
17.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.
18.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.
19. 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.
20.All notices required under this agreement to be given in writing shall be sent to:
Maricopa County Department of Transportation
Attn: Intergovernmental Relations Branch
2901 W. Durango Street
Phoenix, Arizona 85009
City of Mesa
Attn: City Engineer
P.O. Box 1466
Mesa, Arizona 85211
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21.
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Either Party may by written notice to the other specify a different address for notice. Alll
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
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.
This Agreement does not imply authority to perform any tasks, or accept any responsibility,
not expressly stated in this Agreement.
This Agreement does not create a duty or responsibility unless the intention to do so is
clearly and unambiguously stated in this Agreement. 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.
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
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.
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.
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
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
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30.
31.
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deemed an original but all of which together shall constitute the same instrument. Faxed,
copied and scanned signatures are acceptable as original signatures.
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.
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.
This Agreement shall be governed by the laws of the State of Arizona.
End of Agreement - Signature Page Follows
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DocuSign Envelope ID: 9C8F69E0-6A11-4B16-B314-A77DF8F0A203
IN WITNESS WHEREOF, the Parties have executed this Agreement.
MARICOPA COUNTY
Recommended by:
DocuSigned by:
Juunifer Toll 8/17/2022
SEROBBO4SS:
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
| 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 Maricopa County
by their respective governing body under the laws of the State of Arizona.
‘DocuSigned by:
Wayur Pu. 8/17/2022
Deputy County Attorney Date
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IN WITNESS WHEREOF, the Parties have executed this Agreement.
CITY OF MESA
Approved and Accepted by:
City Manager
Attest by:
Hitt Wrcbre Yisrzr
City Clerk 7 J Date
APPROVAL OF 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 City of Mesa
by their respective governing body under the laws of the State of Arizona.
we iis[o~
{eCity Attorney Date
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