SIGNED _IGA_DESIGN_GERMANN_SOSSAMAN_WITH EXHIBIT.PDF
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Page 1 of 9 INTERGOVERNMENTAL AGREEMENT BETWEEN MARICOPA COUNTY, THE TOWN OF QUEEN CREEK AND THE CITY OF MESA FOR THE DESIGN OF GERMANN ROAD AND SOSSAMAN ROAD INTERSECTION (TT#708) (C-64-21- ____ -X-00) This Intergovernmental Agreement (Agreement) is among the County of Maricopa, a political subdivision of the State of Arizona (County), the Town of Queen Creek, a municipal corporation (Town), and the City of Mesa, a municipal corporation (City). The County, Town, 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 approved by the Maricopa County Board of Supervisors. STATUTORY AUTHORIZATION 1. The County is authorized, pursuant to Arizona Revised Statutes (A.R.S.) § 11-251 and §§ 28-6701 et. seq., to layout, maintain, control, and manage public roads within the County. 2. The Town 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 Town and to enter into this Agreement 3. 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. 4. Public agencies are authorized, pursuant to A.R.S. §§ 11-951 et. seq., to enter into Intergovernmental Agreements for the provision of services or for joint or cooperative action. BACKGROUND 5. The Germann Road and Sossaman Road Intersection is located in southeast Maricopa County,and is bound by the City of Mesa to the north and the Town of Queen Creek to the south. 6. The Parties completed a Design Concept Report (DCR) dated July 2015 by Dibble Engineering to evaluate the intersection and, the Union Pacific Railroad at-grade crossing, and traffic impacts to Pecos Road and Rittenhouse Road. In addition, the DCR identified limits for the right-of-way preservation and underground utility impacts. DocuSign Envelope ID: 5EC13F5F-EDDB-4A2B-ABAB-4ECC287432D1 Page 2 of 9 7. The 2015 DCR’s Alternative One was selected and included shifting the Germann Road alignment to the north. The design improvements will maintain the current alignment of Sossaman Road (Exhibit A). When constructed it will reduce the right-of- way and utility impacts and maintain the north-south connectivity that currently benefits the traveling public. 8. Each Party will be responsible for one-third (1/3) of the estimated cost of the design which includes but it is not limited to, consultant direct design cost, Parties staff time, administration and overhead, permits and survey data collection, printing and conducting public outreach activities, which is estimated to be $1,300,000. 9. The County has agreed to participate equally only in the design improvements of the Germann Road and Sossaman Road Intersection at an estimated cost to the County that will not exceed $500,000. Any amount in excess of $500,000 will be divided equally between the Town and the City. 10. The County will not financially participate in the funding of the construction of the improvements. PURPOSE OF THE AGREEMENT 11. The purpose of this Agreement is to identify and define the respective roles and financial responsibilities of the County, the Town, and the City for the design improvements of Germann Road and Sossaman Road Intersection. TERMS OF THE AGREEMENT 12. Responsibilities of the County: 12.1 The County will remit payment to the Town, upon final acceptance and approval of the design, within thirty (30) working days of receipt of a proper invoice. 13. Responsibilities of the Town: 13.1 The Town will act as the lead agency for the design improvements of the Germann Road and Sossaman Road Intersection. 13.2 The Town will secure the design consultant for the improvements. 13.3 The Town will consult and coordinate with the City throughout the design development and provide an opportunity to review the document and submit comments. DocuSign Envelope ID: 5EC13F5F-EDDB-4A2B-ABAB-4ECC287432D1 Page 3 of 9 13.4 The Town will provide a project schedule and at least quarterly status reports. 13.5 The Town will invoice the Parties for their respective financial contribution upon final acceptance and design approval. 14. Responsibilities of the City: 14.1 The City will participate in the design improvements of the Germann Road and Sossaman Road Intersection, which includes but is not limited to, the selection of the design consultant, review of design schedules, plan, studies, reports, and cost estimates. 14.2 The City will consult and coordinate with the Town throughout the design development and shall respond with comments within twenty-one (21) working days of receipt. 14.3 The City will remit payment to the Town within thirty (30) working days of receipt of a proper invoice from the Town and upon final acceptance and approval of the design. GENERAL TERMS AND CONDITIONS 15. 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 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. 16. 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, 17. This Agreement may be amended only upon written Agreement by all Parties. 18. This Agreement is subject to the provisions of A.R.S. § 38-511. 19. 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 DocuSign Envelope ID: 5EC13F5F-EDDB-4A2B-ABAB-4ECC287432D1 Page 4 of 9 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. 20. 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. 21. 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. 22. 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. 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. 23. 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 Town of Queen Creek Attn: Town Manager 22358 South Ellsworth Road Queen Creek, Arizona 85142 City of Mesa DocuSign Envelope ID: 5EC13F5F-EDDB-4A2B-ABAB-4ECC287432D1 Page 5 of 9 Attn: City Manager P.O. Box 1466 Mesa, Arizona 85211-1466 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. 24. 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. 25. 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. 26. This Agreement cannot be modified or changed except by a written instrument executed by all of the Parties hereto. 27. 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. 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 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 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. DocuSign Envelope ID: 5EC13F5F-EDDB-4A2B-ABAB-4ECC287432D1 Page 6 of 9 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: 5EC13F5F-EDDB-4A2B-ABAB-4ECC287432D1 DocuSign Envelope ID: C7D21 78D-681 0-47AE-8414-81 888E90F280 IN WITNESS WHEREOF, the Parties have executed this Agreement. QUEEN CREEK Recommended by: /1/11/2/ Town Manager Date Approved and Accepted by: .7c3Gi(4iI.. ‘L’) Mayor Dat Attest by: iI/i1/2z( City ClerIJ i:_) U Da e APPROVAL OF TOWN 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 Qu Creek Town Council under the laws of the State of Arizona. Town Attorney Date Page 8 of 10 Page 9 of 9 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 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. Deputy County Attorney Date DocuSign Envelope ID: 5EC13F5F-EDDB-4A2B-ABAB-4ECC287432D1 10/25/2021 10/25/2021 SOSSAMAN & GERMANN ALIGNMENT STUDY ALTERNATIVE 1 GERMANN RD SOSSAMAN RD RITTENHOUSE RD RITTENHOUSE RD GERMANN RD SOSSAMAN RD LA CORTINA LA CORTINA LEGEND EXHIBIT "A"