2024-08-29 - PC 950 -TT0753-27TH-AVE-RC-ESTERBROOKS-BLVD-TO-LOWER-BUCKEYE-IGA-FINAL-SIGNED.PDF
Extracted text (via pymupdf)
14795 characters
INTERGOVERNMENTAL AGREEMENT BETWEEN MARICOPA COUNTY AND CITY OF PHOENIX FOR IMPROVEMENTS TO 27TH AVENUE FROM RC ESTERBROOKS BOULEVARD TO LOWER BUCKEYE ROAD (C-64-24-____-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 Phoenix, a municipal corporation (City). The County and the City are collectively referred to as the Parties or individually as a Party. This Agreement shall become effective as of the date it has been approved by both the Maricopa County Board of Supervisors and the Phoenix City Council and signed in accordance with Arizona Revised Statutes (A.R.S.) §11-952, as amended. 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 et. seq., to enter into Intergovernmental Agreements for the provision of services or for joint or cooperative action. BACKGROUND 4. The City has a future planned project to widen 27th Avenue from Lower Buckeye Road to Buckeye Road to five lanes, sidewalks, curb and gutter, traffic signals, streetlights, improved drainage facilities, wet utilities, and dry utilities (Project). The City’s Transportation Improvement Plan has not established funding for the Project. 5. The portion of 27th Avenue from RC Esterbrooks Boulevard to Durango Street has already been widened to 5 lanes and includes curb, gutter, drainage, and sidewalk. 6. The portion of 27th Avenue from Lower Buckeye Road to RC Esterbrooks Boulevard is a two-lane roadway with a discontinuous curb and gutter, minimal drainage, and does not have a sidewalk. It is adjacent to the County’s Animal Care and Control (ACC) facility and the 27th Avenue Fuel Station facility. 7. The County has agreed to participate financially in the segment improvements from Lower Buckeye Road to R. C. Esterbrooks Boulevard when the Project starts construction. DocuSign Envelope ID: 5727E07C-1007-4556-BE61-20BCF6FB4131 159791--0 PURPOSE OF THE AGREEMENT 8. This Agreement aims to identify and define the responsibilities of the County and City for the Project, including but not limited to cost sharing, utility relocation, construction, and construction management. TERMS OF THE AGREEMENT 9. The County agrees to: 9.1 Not review or be responsible for plans or be liable for design deficiencies, traffic control, construction, or inspection approvals for compliance with the City’s design standards. 9.2 Contribute a share proportionate to the County-owned parcel street frontage of 27th Ave for the length of the project between Lower Buckeye Road and Buckeye Road, which equates to 25 percent of the final project cost established at the time of construction. 9.3 Upon completion of construction and receipt of an invoice from the City, the County shall remit payment to the City within thirty (30) working days for the County’s Project Cost contribution equivalent to 25 percent of the total project cost. The County shall retain sole discretion to notify the City of any advanced availability of funds and may remit payment to the City before the end of construction. 9.4 Pay invoices submitted by the City within thirty (30) days of receipt. 10. The City Agrees to: 10.1 Act as the lead agency for the design and construction of the Project. It shall assume responsibility and liability for the design, right-of-way acquisitions, utilities, utility relocation, construction and construction management, inspection, operation, maintenance, and other aspects of the Project. 10.2 Design and construct the Project to City standards per the approved plans and specifications. The City shall be responsible for reviewing and approving all plans and for construction and inspection approvals. 10.3 Construct a secondary driveway access for the County’s ACC adjacent to 27th Avenue, approximately 515 feet south of R.C. Esterbrooks Boulevard. 10.4 Be responsible for all Project Costs beyond the County’s contribution. 10.5 Be financially responsible for the dedicated time by their staff as it relates to this Project. The cost shall not be credited toward the City’s Project Cost share obligation. 10.6 Upon completion of the construction of the Project, the City shall invoice the County for the County’s cost contribution. DocuSign Envelope ID: 5727E07C-1007-4556-BE61-20BCF6FB4131 10.7 Coordinate with the County for the joint programming of project costs in each agency’s Capital Improvement Program. 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, 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. 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 stipulations previously indicated have been satisfied, 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 the 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 regular working hours 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 ten 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. DocuSign Envelope ID: 5727E07C-1007-4556-BE61-20BCF6FB4131 17. Each Party warrants and certifies that no contractor or vendor under contract with the Party to provide goods or services toward the accomplishment of the objectives of this Agreement currently has, and for the duration of the contract will not, use: 1. The forced labor of ethnic Uyghurs in the People's Republic of China. 2. Any goods or services produced by the forced labor of ethnic Uyghurs in the People's Republic of China. 3. Any contractors, subcontractors, or suppliers that use the forced labor or any goods or services produced by the forced labor of ethnic Uyghurs in the People's Republic of China. If any Party becomes aware during the term of the Agreement that any contractor or vendor is not in compliance with this paragraph, the Party shall notify the other Party within five business days of becoming aware of the noncompliance. Failure of the Party to provide a written certification that the contractor or vendor has remedied the noncompliance within one hundred eighty (180) days after notifying the public entity of its noncompliance, this Agreement shall terminate unless the Term of this Agreement shall end prior to said one hundred eighty (180) day period. 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 that 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 curing 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 Intergovernmental Relations 2901 West Durango Street Phoenix, AZ 85009 City of Phoenix Street Transportation Director (or Designee) 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 DocuSign Envelope ID: 5727E07C-1007-4556-BE61-20BCF6FB4131 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 the 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. 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. 22. 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. 23. 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. 24. 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. 25. 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. Electric signatures are acceptable as original signatures. 26. 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. 27. The venue for any claim arising out of or in any way related to this Agreement shall be Maricopa County, Arizona. 28. This Agreement shall be governed by the laws of the State of Arizona. End of Agreement - Signature Pages Follow DocuSign Envelope ID: 5727E07C-1007-4556-BE61-20BCF6FB4131 IN WITNESS WHEREOF, the Parties have executed this Agreement. MARICOPA COUNTY Recommended by: Jesse Guitierrez 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: 5727E07C-1007-4556-BE61-20BCF6FB4131 12/13/2023 12/13/2023 IN WITNESS WHEREOF, the Parties have executed this Agreement. PHOENIX Recommended by: Joesph T. Brown, P.E. Date Street Transportation Director 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 the 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. City Attorney Date DocuSign Envelope ID: 5727E07C-1007-4556-BE61-20BCF6FB4131 Jan 8, 2024 Jan 8, 2024 Jan 8, 2024