IGA MARICOPA COUNTY DOT TRAFFIC SIGNAL 67TH AVE AND VINEYARD FINAL.PDF

DocuSign Envelope ID: BBBEC636-C018-44DA-84ED-57B19764FC5A

INTERGOVERNMENTAL AGREEMENT BETWEEN
MARICOPA COUNTY AND THE CITY OF PHOENIX FOR THE CONSTRUCTION
OF THE TRAFFIC SIGNAL AT VINEYARD ROAD AND 67™ AVENUE

(TT0645)

(C-64-22- -M-00)
This Intergovernmental Agreement (Agreement) is between the County of Maricopa, a political
subdivision of the State of Arizona (County) and the City of Phoenix, a municipal corporation
(City). The County and City are collectively referred to as the Parties or individually as a Party.

STATUTORY AUTHORIZATION

1. 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.

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

3. 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
4. Vineyard Road and 67" Avenue is an existing unsignalized intersection with stop control

in all directions. Vineyard Road is a minor collector roadway and 67" Avenue is a minor
arterial roadway.

5. The County currently maintains and operates the north and south leg of 67'" Avenue and
Vineyard Road east of the intersection. The City maintains and operates 33’ west of the
67" Ave centerline, including a left turn lane and pedestrian facilities of sidewalks and
ADA ramps and Vineyard Road west of the intersection.

6. The County assessed the intersection in June 2018 and determined that the
intersection meets traffic signal warrants based on the warrant conditions from the
2009 Manual on Uniform Traffic Control Devices.

7. The County is proposing to install a new traffic signal at the intersection of Vineyard Road
and 67"Avenue. (Project).

8. The Project is anticipated to be designed in Fiscal Year 2022 and constructed in Fiscal
Year 2024.

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The total Project cost is currently estimated to be $281,695. Maricopa County will be
financially responsible for (75%) of the cost and City will be financially responsible for
(25%) of the cost of the Project.

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
The purpose of this Agreement is to identify and define the responsibilities of the County
and City for the Project, including but not limited to cost sharing, design, permitting,
environmental clearance, right-of-way acquisition, utility relocation, construction and
construction management.

TERMS OF THE AGREEMENT

This Agreement does not alter the ownership, operation, or maintenance responsibilities
of the Parties for the Project roadways, unless otherwise specified in this Agreement.

Responsibilities of the County:

13.1 |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, utility
relocation, construction and construction management.

13.2 |The County shall design and construct the Project to County standards.

13.3. The County shall provide the City with copies of design plans for review and
comment.

13.4 Upon final inspection and acceptance of the Project, the County shall invoice the
City for their financial contribution.

13.5 Upon completion, the County shall continue to operate and maintain the north and
south leg of 67° Avenue and the east leg of Vineyard Road.

13.6 The County shall operate and provide all maintenance to the traffic signals and
shall be responsible for the cost of electric service for the completed traffic signals
for the Project.

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Responsibilities of City:

14.1. City shall provide comments to the County within fifteen (15) working days of
receipt of the design plans from Maricopa County.

14.2 City shall issue no-cost permits to the County for any necessary Project related
work performed within the City’s jurisdiction.

14.3 City shall be responsible for $70,424 of the Project costs.

14.4 City shall remit payment within thirty (30) days of the receipt of an invoice from the
County for the City’s estimated total cost share contribution for right-of-way and
construction.

14.5 Upon completion, the City shall continue to operate and maintain the west leg of
Vineyard Road.

14.6 City shall permit the County to maintain and operate all installed equipment for the
operations of the traffic signals in the Project.

14.7. Upon completion, City shall not financially participate in the maintenance and
operations of this Project.

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, including but not limited to injuries or death of persons or damages to
or destruction of property. 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.

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The Parties warrant that they are in compliance with A.R.S. § 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. § 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 this
agreement of which breaching party may be liable for penalties including
termination of the agreement.

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
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.

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 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.

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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 West Durango Street

Phoenix, Arizona 85009

City:

City of Phoenix

Attn: Streets Department Director

200 West Washington Street, 5th 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
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.

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.

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. Faxed,
copied and scanned signatures are acceptable as original signatures.

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30. 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.

31. | 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

DocuSign Envelope ID: BBBEC636-C018-44DA-84ED-57B19764FC5A

IN WITNESS WHEREOF, the Parties have executed this Agreement.

CITY OF PHOENIX, a municipal corporation
Jeffrey J Barton, City Manager
Aine LC Kuudeon May 13, 2022

By Kini L.E. Knudson Date
Street Transportation Director

ATTEST:

Denise Archibald Date say 17,2022
City Clerk

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:
Cris Meyer, City Attorney

Kye (May 17, 2022 14:09 PDT) May 17, 2022
By: Deryck R. Lavelle Date OGY

Assistant Chief Counsel RRH

DocuSign Envelope ID: BBBEC636-C018-44DA-84ED-57B19764FC5A
IN WITNESS WHEREOF, the Parties have executed this Agreement.
MARICOPA COUNTY

Recommended by:

DocuSigned by:
Jennifer Tolle 1/20/2022
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:

Wayvr Puke 1/20/2022

OT Bast

Deputy County Attorney Date