RESOLUTION 1099-1221 - CONTRACT.PDF - MARICOPA COUNTY - STREET LIGHTS INSTALL.PDF
Extracted text (via pymupdf)
11799 characters
INTERGOVERNMENTAL AGREEMENT BETWEEN MARICOPA COUNTY AND THE CITY OF AVONDALE FOR THE INSTALLATION OF STREETLIGHTING ON INDIAN SPRINGS ROAD FROM 143RD AVENUE TO THE GILA RIVER BRIDGE TT#0706 (C-64-22- ____ -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 Avondale, an Arizona 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. 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. 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. BACKGROUND 4. The County currently provides roadway maintenance of Indian Springs Road from 143rd Avenue to the Dysart Road alignment. 5. The City has proposed to install streetlighting on Indian Springs Road to City Standards and has requested the County provide funding towards the installation of streetlighting from 143rd Avenue to the Gila River Bridge. (Project) 6. The County shall contribute estimated amount of $900,000 towards the Project in Fiscal Year 2022. 7. The City will complete the annexation prior to the start of design. 21-404C PURPOSE OF THE AGREEMENT 8. The purpose of this Agreement is to identify and define the responsibilities of the County and the City for design, environmental clearance, right-of-way acquisition, construction management, and construction related to this Project. TERMS OF THE AGREEMENT 9. Responsibilities of County: 9.1 The County shall not review or be responsible for preparation of plans or be liable for design deficiencies, traffic control, construction or inspection approvals. 9.2 Upon completion of the annexation of the Project, and receipt of an invoice from the City, the County shall remit payment to City within thirty (30) working days for the County’s Project cost contribution. 10. Responsibilities of the City: 10.1. The City shall act as the lead agency for the design and construction of the Project and shall assume responsibility and liability for the design, right-of- way acquisitions, utilities and utility relocation, construction and construction management, inspection, operation, maintenance, and all other aspects of the Project. 10.2. The City shall be financially responsible for dedicated time by their staff as it relates to this Project. The City shall be responsible for all Project costs beyond the County’s contribution. 10.3. Upon completion of the annexation of the Project, the City shall invoice the County for the County’s Project cost contribution. 10.4. The City shall be responsible for the maintenance and operations of all aspects of the Project upon completion. GENERAL TERMS AND CONDITIONS 11. 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, costs, 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. 12. 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 required performance hereunder has been completed, 13. This Agreement may be amended only upon written Agreement by all Parties. 14. This Agreement is subject to the provisions of A.R.S. § 38-511. 15. The Parties warrant that they are in compliance with A.R.S. § 41-4401 and further acknowledge that: 15.1 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. 15.2 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. 15.3 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. 15.4 Nothing in this Agreement shall make any contractor or subcontractor an agent or employee of the Parties to this Agreement. 16. 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. 17. 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. 18. It shall be a material breach of this Agreement for a Party to fail to observe or perform any of the material covenants, warranties, 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 19. 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 Avondale Attn: City Manager 11465 West Civic Center Drive Avondale, Arizona 85323 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. 20. 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. 21. 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. 22. 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. 23. 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. 24. 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. 25. 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. 26. The venue for any claim arising out of or in any way related to this Agreement shall be Maricopa County, Arizona. 27. This Agreement shall be governed by the laws of the State of Arizona. End of Agreement - Signature Page Follows IN WITNESS WHEREOF, the Parties have executed this Agreement. CITY OF AVONDALE Recommended by: City Manager Date Approved and Accepted by: Mayor Date Attest by: City Clerk Date 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 Avondale City Council under the laws of the State of Arizona. City Attorney Date Cherlene Penilla (Dec 17, 2021 12:23 MST) for Nicholle Harris (Dec 20, 2021 07:35 MST) Nicholle Harris 12/20/21 Kenn Weise (Dec 21, 2021 08:41 MST) 12.21.2021 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