2024-08-14 - PC 920 -4L-BUCKEYE-JACKRABBIT-TRAIL-AND-VAN-BUREN-TRAFFIC-SIGNAL-IGA-5-16-2024-PRINT-TO.PDF
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INTERGOVERNMENTAL AGREEMENT BETWEEN MARICOPA COUNTY AND THE CITY OF BUCKEYE FOR THE CONSTRUCTION, OPERATION, AND MAINTENANCE OF THE TRAFFIC SIGNAL AT JACKRABBIT TRAIL AND VAN BUREN STREET (TT0659) (C-64-24-__________-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 Buckeye (City), a municipal corporation. The County and City are collectively referred to as the Parties or individually as a Party. STATUTORY AUTHORIZATION 1. A.R.S. Section 11-251 and Sections 28-6701 et. seq. authorizes the County to lay out, maintain, control, and manage public roads within the County. 2. A.R.S. Section 11-951 et. seq. authorizes public agencies to enter into Intergovernmental Agreements for the provision of services or joint or cooperative action. 3. A.R.S. Section 9-240 and Sections 9-276 et. seq. authorizes the City to lay out and establish, regulate, and improve streets within its jurisdiction and to enter into this Agreement. BACKGROUND 4. The intersection of Jackrabbit Trail and Van Buren Street is an existing stop- controlled four-way intersection. The Coun the north leg. jurisdiction includes the west leg, the south leg, and the east leg. 5. Maricopa County has assessed the intersection of Jackrabbit Trail and Van Buren Street, and determined that the intersection meets the 2009 Manual on Uniform Traffic Control Devices (MUTCD) stated warrant conditions. 6. The Parties desire to improve the intersection of Jackrabbit Trail and Van Buren Street by constructing traffic signals (Project). 7. The Project design has been completed and approved by the City. A true and correct copy of the master design for the Project is attached hereto as and incorporated herein by this reference. The Project is anticipated to be constructed in Fiscal Year 2025. 8. The total Project cost is currently estimated at $1,404,471. The final cost to each Party shall be based on the actual cost of constructing the Project. 9. The County will not participate financially in Project enhancements, including but not limited to landscaping, irrigation, street lighting, visual mitigation, decorative pavers, street furniture, and any other items, that are Roadway Design Manual, unless otherwise specifically identified in this Agreement. PURPOSE OF THE AGREEMENT 10. The purpose of this Agreement is to identify and define the responsibilities of the Parties for the Project, including but not limited to cost-sharing, permitting, utility relocation, construction, and construction management. TERMS OF THE AGREEMENT 11. Responsibilities of the County: 11.1 Issue no-cost permits for any necessary Project-related work performed within the jurisdiction of the County. 11.2 Pay twenty-five percent (25%) of the total cost of the Project, estimated at $351,117. The actual County payment shall be determined based on the actual cost of constructing the Project. 11.3 Remit payment within thirty (30) days of the receipt of an invoice from the City. 11.4 Participate in the final inspection of the Project. 11.5 Cooperate with the City to prepare the transfer to the City of any unincorporated portions of Jackrabbit Trail north of Van Buren Street upon the conclusion of the Project final determination regarding any transfer is reserved to the legislative discretion of its governing board. 12. Responsibilities of the City: 12.1 Apply to the County for no-cost permits for any necessary Project-related work performed within the jurisdiction of the County. 12.2 Design and construct the Project, provide for traffic control, and take responsibility for issuing inspection approvals when appropriate. 12.3 Upon the substantial completion of the Project, invoice the County for twenty-five percent (25%) of the total cost of the Project. The City shall not invoice the County before July 1, 2024. 12.4 Bear seventy-five percent (75%) of the total Project costs. 12.5 Participate in the final inspection of the Project. 12.6 Upon completion of the Project, maintain and operate the traffic signals, and assume all associated costs including the cost of electrical power to the traffic signal and any associated luminaries. 12.7 Cooperate with the County to prepare the transfer to the City of any unincorporated portions of Jackrabbit Trail north of Van Buren Street upon the conclusion of the Project determination regarding any transfer is reserved to the legislative discretion of its governing board. GENERAL TERMS AND CONDITIONS 13. To the extent permitted by law, each Party will indemnify, defend, and save the 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 that are the subject of this indemnity shall include costs, expenses of litigation, 14. 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 Responsibilities set forth in Sections 11 and 12 herein above have been satisfied. 15. This Agreement may be amended only upon written Agreement by all Parties. 16. This Agreement is subject to the provisions of A.R.S. § 38-511. 17. The Parties warrant that they are following A.R.S. § 41-4401 and further acknowledge that: 17.1 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 employment or at least three (3) years, whichever is longer. 17.2 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. 17.3 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 to facilitate such an inspection. 17.4 Nothing in this Agreement shall make any contractor or subcontractor an agent or employee of the Parties to this Agreement. 18. 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 according to 50 U.S.C. § 4842. 19. 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: 19.1 The forced labor of ethnic Uyghurs in the People's Republic of China. 19.2 Any goods or services produced by the forced labor of ethnic Uyghurs in the People's Republic of China. 19.3 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. 19.4 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 after 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 before said one hundred eighty (180) day period. 20. 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. 21. 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 Buckeye Attn: City Manager 530 East Monroe Avenue Buckeye, Arizona 85236 With a copy to: City of Buckeye Attn: City Attorney 530 East Monroe Avenue Buckeye, Arizona 85236 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 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. Formal notice by a Party to the other of a change of contact person or address shall be effective upon receipt. 22. 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. 23. This Agreement shall be construed as a whole and following its fair meaning and without regard to any presumption or other rule requiring construction against the party drafting this Agreement. 24. 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 because of the continuation of any matter previously waived. 25. Except as otherwise provided in this Agreement, all covenants, agreements, representations, and warranties outlined in this Agreement, or any certificate or instrument executed or delivered according to this Agreement shall survive the expiration or earlier termination of this Agreement for a period of one (1) year. 26. 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. 27. 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 according to this Agreement. 28. The venue for any claim arising out of or in any way related to this Agreement shall be Maricopa County, Arizona. 29. This Agreement shall be governed by the laws of the State of Arizona. End of Agreement - Signature Pages Follow IN WITNESS WHEREOF, the Parties have executed this Agreement. BUCKEYE 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 the undersigned Counsel, who has determined that it is in proper form and within the powers and authority granted to the City under the laws of the State of Arizona. City Attorney Date August 6, 2024 August 6, 2024 August 6, 2024 August 6, 2024 * -* / $")- ). /$*)0( -ѷ х -3!4!!"5"$1$т)р(-. $$%#,- IN WITNESS WHEREOF, the Parties have executed this Agreement. MARICOPA COUNTY Recommended by: Jesse Gutierrez, 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