2020A022 - IGA TEMPE DRAIN CLEANUP PROJECT.PDF

DocuSign Envelope ID: 311AC379-B9FA-4062-8D07-2FD63BDA9COC

ADOT CAR No.: IGA 20-0007816-I

AG Contract No.: PO01 2020 001222
Project Location/Name: I-10: I-17 Split -
SR202L Santan

Type of Work: Tempe Drain Maintenance
Federal-aid No.: 010-C(220)T

ADOT Project No.: F0072 01D/01C
TIP/STIP No.: 40575

CFDA No.: 20.205 - Highway Planning and
Construction

Budget Source Item No.: 100181

IGA FCD 2020A022

INTERGOVERNMENTAL AGREEMENT

BETWEEN
THE STATE OF ARIZONA
AND
THE FLOOD CONTROL DISTRICT OF MARICOPA COUNTY

THIS AGREEMENT is entered into this date pursuant to the Arizona
Revised Statutes (“A.R.S.”) §§ 11-951 through 11-954, as amended, between the STATE OF
ARIZONA, acting by and through its DEPARTMENT OF TRANSPORTATION (the “State” or “ADOT”)
and the FLOOD CONTROL DISTRICT OF MARICOPA COUNTY, acting by and through its BOARD OF
DIRECTORS (the “FCDMC”). The State and the FCDMC are collectively referred to as “Parties.”

]._ RECITALS

1. The State is empowered by A.R.S. § 28-401 to enter into this Agreement and has delegated
to the undersigned the authority to execute this Agreement on behalf of the State.

2. The FCDMC is empowered by A.R.S. § 48-3603, as revised, to enter into this Agreement and
has authorized the undersigned to execute this Agreement on behalf of the FCDMC.

3. The State will design and construct improvements on Interstate 10 (I-10), from Interstate
17 (1-17) to State Route 202 Loop (SR 202L), (the “Broadway Curve Project”). The State will
obtain federal funds for the design and construction costs associated with the Broadway
Curve Project. The Tempe Drain will be impacted by the Broadway Curve Project. To
improve the existing condition, the State will clean out the vegetation and trees and
concrete line the channel. A portion of the clean out will take place within the FCDMC
maintenance area, (the “Tempe Drain Cleanup Project”). The State will administer the
Tempe Drain Cleanup Project and FCDMC will be solely responsible for the costs of the
Tempe Drain Cleanup Project.

THEREFORE, in consideration of the mutual terms expressed in this Agreement, it is agreed as
follows:

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DocuSign Envelope ID: 311AC379-B9FA-4062-8D07-2F D63BDASCOC

IGA 20-0007816-I

I. SCOPE OF WORK

1. The Parties agree:

a.

The Tempe Drain Cleanup Project will be performed, completed, accepted and paid for
in accordance with the requirements of the Project plans and specifications.

That Exhibit “A,” attached and made part of this agreement, reflects the current cost
estimate agreed to by the Parties. The Parties may mutually agree to amend the cost
estimate to reflect any necessary changes during the Tempe Drain Cleanup Project. Such
approved changes will not necessitate a formal amendment and will be automatically
included in this Agreement.

That the Tempe Drain Cleanup Project is part of a larger Design/Build project
undertaken by ADOT as described in paragraph 3 above.

That actual costs for design and construction of the Tempe Drain Cleanup Project will be
part of the Design/Build “P3” Broadway Curve Project cost, and will be broken out for
review, and acceptance or rejection by FCDMC. Acceptance by FCDMC of the cost will
result in the Tempe Drain Cleanup Project being included in the implementation of the
Broadway Curve Project. The actual costs may vary from those presented in Exhibit “A”.

The City of Tempe has land rights to the property area addressed in this agreement.
City of Tempe is responsible for investigating and documenting utilities within the
Tempe Drain Cleanup Project limits; submitting findings to ADOT determining prior
rights or no prior rights; approving easement within the final right of way to re-
establish the prior right location for those utilities with prior rights are the
responsibility. These responsibilities are handled in a separate agreement.

2. The State will:

Execute this Agreement and be the FCDMC’s designated agent for the Tempe Drain
Cleanup Project.

Prepare and provide the design plans, specifications and other such documents and
services required for the construction bidding and construction of the Tempe Drain
Cleanup Project and incorporate comments from FCDMC as appropriate.

Enter into a contract with the contractor for the Tempe Drain Cleanup Project work and
make all payments to the contractor(s).

After the contract is awarded, invoice the FCDMC for 50% of the FCDMC’s share of the
estimated costs for the Tempe Drain Cleanup Project total, which includes costs as
broken down in Exhibit A, the actual costs will vary from those presented in Exhibit “A”.
At completion of the Tempe Drain Cleanup Project, invoice the FCMDC for the remaining
portion of the FCDMC’s share of the actual costs for the Tempe Drain Cleanup Project
total, which includes costs as broken down in Exhibit A, the actual costs will vary from
those presented in Exhibit “A”.

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DocuSign Envelope ID: 341AC379-B9FA-4062-8D07-2F D63BDA9COC

IGA 20-0007816-I

e. Notify the FCDMC of completion and invite the FCDMC to participate in the final
inspection and obtain acceptance from the FCDMC of the Tempe Drain Cleanup Project;
coordinate with the FCDMC and turn over full responsibility of the Tempe Drain
Cleanup Project improvements at substantial completion, see Exhibit “B”, attached and
made part of this Agreement.

f. Not be obligated to maintain the FCDMC’s portion of the Tempe Drain Cleanup Project,
should the FCDMC fail to budget or provide for proper and perpetual maintenance in
accordance with IGA 88-002-I.

3. The FCDMC will:

a. Designate the State as the FCDMC’s authorized agent for the Tempe Drain Cleanup
Project.

b. After contract award and within 30 days of receipt of an invoice from the State, pay 50%
of the FCDMC’s share of the Tempe Drain Cleanup Project total, which includes costs as
broken down in Exhibit A, the actual costs will vary from those presented in Exhibit “A”,
At completion of the Tempe Drain Cleanup Project, within 30 days of an invoice, pay the
remaining portion of the FCDMC’s share of the actual costs for the Tempe Drain Cleanup
Project total, which includes costs as broken down in Exhibit A, though the actual costs
will vary from those presented in Exhibit “A”.

c. Review the design documents required for construction of the Tempe Drain Cleanup
Project and provide comments to the State as appropriate.

d. After completion and final acceptance of the Tempe Drain Cleanup Project, agree to
maintain their portion of the Tempe Drain Cleanup Project, as shown in Exhibit B.

TIL_ MISCELLANEOUS PROVISIONS

1. This Agreement shall become effective upon signing and dating of the Determination Letter
by the State’s Attorney General.

2. Any change or modification to the Tempe Drain Cleanup Project will only occur with the
mutual written consent of both Parties.

3. The terms, conditions and provisions of this Agreement shall remain in full force and effect
until completion of the Tempe Drain Cleanup Project and all related deposits and/or
reimbursements are made. Any provisions for maintenance shall be perpetual, unless
assumed by another competent entity.

4. This Agreement may be cancelled at any time up to 30 days before the award of the Tempe
Drain Cleanup Project contract, so long as the cancelling Party provides at least 30 days’
prior written notice to the other Party. It is understood and agreed that, in the event the
FCDMC terminates this Agreement, the FCDMC shall be responsible for all costs incurred by
the State up to the time of termination. It is further understood and agreed that in the event
the FCDMC terminates this Agreement, the State shall in no way be obligated to complete or
maintain the Tempe Drain Cleanup Project.

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DocuSign Envelope ID: 314AC379-B9FA-4062-8D07-2FD63BDA9C0C

10.

11.

12,

13.

IGA 20-0007816-1

The FCDMC shall indemnify, defend, and hold harmless the State, any of its departments,
agencies, officers or employees (collectively referred to in this paragraph as the “State”)
from any and all claims, demands, suits, actions, proceedings, loss, cost and damages of
every kind and description, including reasonable attorneys’ fees and/or litigation expenses
(collectively referred to in this paragraph as the “Claims”), which may be brought or made
against or incurred by the State on account of loss of or damage to any property or for
injuries to or death of any person, to the extent caused by, arising out of, or contributed to,
by reasons of any alleged act, omission, professional error, fault, mistake, or negligence of
the FCDMC, its employees, officers, directors, agents, representatives, or contractors, their
employees, agents, or representatives in connection with or incident to the performance of
this Agreement. The FCDMC’s obligations under this paragraph shall not extend to any
Claims to the extent caused by the negligence of the State, except the obligation does apply
to any negligence of the FCDMC which may be legally imputed to the State by virtue of the
State’s ownership or possession of land. The FCDMC’s obligations under this paragraph
shall survive the termination of this Agreement.

The Parties warrant compliance with the Federal Funding Accountability and Transparency
Act of 2006 and associated 2008 Amendments (the “Act”). Additionally, in a timely manner,
the FCDMC will provide information that is requested by the State to enable the State to
comply with the requirements of the Act, as may be applicable.

The FCDMC acknowledges and will comply with Title VI of the Civil Rights Act Of 1964.
This Agreement shall be governed by and construed in accordance with Arizona laws.
This Agreement may be cancelled in accordance with A.R.S. § 38-511.

The FCDMC shall retain all books, accounts, reports, files and other records relating to the
Agreement for five years after completion of the Project. These documents shall be subject
at all reasonable times to inspection and audit by the State. Such records shall be produced
by the FCDMC at the request of ADOT.

This Agreement is subject to all applicable provisions of the Americans with Disabilities Act
(Public Law 101-336, 42 U.S.C. 12101-12213) and all applicable federal regulations under
the Act, including 28 CFR Parts 35 and 36. The Parties to this Agreement shall comply with
Executive Order Number 2009-09 issued by the Governor of the State of Arizona and
incorporated in this Agreement by reference regarding “Non-Discrimination.”

Non-Availability of Funds: Every obligation of the State or FCDMC under this Agreement is
conditioned upon the availability of funds appropriated or allocated for the fulfillment of
such obligations. If funds are not allocated and available for the continuance of this
Agreement, this Agreement may be terminated by the State or FCDMC at the end of the
period for which the funds are available. No liability shall accrue to the State or FCDMC in
the event this provision is exercised, and the State or FCDMC shall not be obligated or liable
for any future payments as a result of termination under this paragraph.

In the event of any controversy, which may arise out of this Agreement, the Parties agree to
abide by arbitration as is set forth for public works contracts if required by A.R.S. § 12-1518.

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DocuSign Envelope ID: 311AC379-B9FA-4062-8D07-2FD63BDA9C0C

IGA 20-0007816-I

14. The Parties shall comply with the applicable requirements of A.R.S. § 41-4401.

15. The Parties shall certify that all contractors comply with the applicable requirements of
ARS. §35-393.01.

16. The Parties shall comply with all applicable laws, rules, regulations and ordinances, as may
be amended.

17. All notices or demands upon any Party to this Agreement shall be in writing and shall be

delivered electronically, in person, or sent by mail, addressed as follows:

For Agreement Administration:
Arizona Department of Transportation
Joint Project Agreement Section

205 S. 17% Avenue, Mail Drop 637E
Phoenix, AZ 85007

PABranch@azdot.gov

For Project Administration:
Arizona Department of Transportation

Project Management Group
205 S. 17% Avenue, Mail Drop 637E
602.712.7545

For Financial Administration:
Arizona Department of Transportation
Project Management Group (or group
requesting agreement)

205 S. 17% Avenue, Mail Drop 614E
Phoenix, AZ 85007

PMG@azdot.gov

Flood Control District of
Maricopa County

Attn: PM Branch Manager

Address 2801 W. Durango St.

City, AZ Zip Code Phoenix, AZ
85009

602.506.4605

Flood Control District of
Maricopa County

Attn: PM Branch Manager

Address 2801 W. Durango St.

City, AZ Zip Code Phoenix, AZ
85009

602.506.4605

Flood Control District of
Maricopa County

Attn: Finance Branch

Address 2801 W. Durango St.

City, AZ Zip Code Phoenix, AZ
85009

602.506.4605

18. Any revisions to the names and addresses above may be updated administratively by either
Party and shall be in writing.

19. In accordance with A.R.S. § 11-952 (D), attached and incorporated in this Agreement is the
written determination of each Party’s legal counsel that the Parties are authorized under
the laws of this State to enter into this Agreement and that the Agreement is in proper form.

Page 5 of 7

DocuSign Envelope ID: 311AC378-B9F A-4062-8D07-2FD63BDA9C0C.

IGA 20-0007816-I

IN WITNESS WHEREOF, the Parties have executed this Agreement the day and year first above

written,

FLOOD CONTROL DISTRICT OF
MARICOPA COUNTY

By

Michael A. Fulton, Director

Approved and Accepted:

By:
Chairman, Board of Directors Date

Attest:

By:
Clerk of the Board Date

The foregoing Intergovernmental Agreement FCD
2020A022 has been reviewed pursuant to Arizona
Revised Statutes 11-952, as amended, by the
undersigned Genetal Counsel, who has determined
that it is in proper form and within the powers and
authority granted to the Flood Control District of
Maricopa County under the laws of the State of
Arizona.

‘BoouSigned by:
ce Pek 9/28/2020
EI

B2E0BO10DB52401...

Flood Control District General Counsel Date

STATE OF ARIZONA
Department of Transportation

By

ROBERT SAMOUR, PE
Senior Deputy State Engineer

Page 6 of 7

DocuSign Envelope ID: 311AC379-B9FA-4062-8D07-2FD63BDA9COC

IGA 19-0007454-I

ATTORNEY APPROVAL FORM FOR THE FLOOD CONTROL DISTRICT OF MARICOPA COUNTY

I have reviewed the above referenced Intergovernmental Agreement between the State of Arizona,
acting by and through its DEPARTMENT OF TRANSPORTATION, and the FLOOD CONTROL
DISTRICT OF MARICOPA COUNTY, an agreement among public agencies which, has been reviewed
pursuant to Arizona Revised Statutes §§ 11-951 through 11-954 and declare this Agreement to be
in proper form and within the powers and authority granted to the FCDMC under the laws of the

State of Arizona.

No opinion is expressed as to the authority of the State to enter into this Agreement.

‘DocuSigned by:
ce Prk 9/28/2020
2401.

FCDMC General Counsel Date

Page 7 of 7

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