TT0612_-_UNIVERSITY_DRIVE_FINAL_2.23.2022.DOCX (1).PDF

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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 et 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. 
 
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 
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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:  
 
9.1 Design and construct the Waterline Relocations to City Standards. 
 
9.2 Provide construction documents (plans and specifications) for review by the City 
at the appropriate stages of submittals for design and construction. 
 
9.3 Use County standards for the removal of the existing water line facilities. 
 
9.4 Request and obtain permits from the City for work on the Project within 
incorporated limits, and on all City facilities. 
 
9.5 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. 
 
9.6 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. 
 
9.7 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. 
 
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 Provide to the County, at no cost, traffic control permit(s) for work within the City’s 
jurisdictional boundaries as necessary to complete the Project.  All other permits 
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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 
 
Either Party may by written notice to the other specify a different address for notice. All 
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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. 
 
 
21. 
This Agreement does not imply authority to perform any tasks, or accept any responsibility, 
not expressly stated in this Agreement. 
 
22. 
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. 
 
23. 
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 
 
24. 
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.  
 
25. 
This Agreement cannot be modified or changed except by a written instrument executed 
by all of the Parties hereto.  
 
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. 
 
29. 
This Agreement may be executed in two or more counterparts, each of which shall be 
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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. 
 
30. 
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. 
 
31. 
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. 
 
32. 
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: 
 
 
 
 
 
 
 
 
 
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 
 
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 Maricopa County 
by their respective governing body under the laws of the State of Arizona. 
 
 
 
 
 
 
 
 
 
Deputy County Attorney 
Date 
 
 
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IN WITNESS WHEREOF, the Parties have executed this Agreement. 
 
 
CITY OF MESA 
 
 
 
 
 
 
 
 
 
Approved and Accepted by: 
 
 
 
 
 
Christopher J. Brady 
Date 
City Manager 
 
 
 
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 of Mesa 
by their respective governing body under the laws of the State of Arizona. 
 
 
 
 
 
City Attorney 
Date 
 
 
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