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INTERGOVERNMENTAL AGREEMENT BETWEEN MARICOPA COUNTY AND THE CITY
OF MESA REGARDING DRAINAGE IMPROVEMENTS AND WATERLINE RELOCATION
TO PALM LANE FROM 78TH STREET TO HAWES ROAD
TT0408
C-64-20-
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This Intergovernmental Agreement (Agreement) is between the County of Maricopa, a political
subdivision of the State of Arizona (County) and the City of Mesa, a municipal corporation
(Mesa). The County and Town are collectively referred to as the Parties or individually as a
Party.
This Agreement shall become effective as of the date it is has been approved by both the
Maricopa County Board of Supervisors and the Mesa City Council and signed in accordance
with Arizona Revised Statutes (ARS.) §11-952, as amended.
STATUTORY AUTHORIZATION
1
A.R.S. Section 11-251 and Sections 28-6701 et seq. authorize the County to lay out,
maintain, control and manage public roads within the County.
2.
A.R.S. Sections 11-951 et seq. authorize public agencies to enter into Intergovernmental
Agreements for the provision of services or for joint or cooperative action.
3.
A.R.S. Sections 9-240 and 9-499.01 authorize the City to lay out and improve new
streets, avenues and alleys.
BACKGROUND
4.
The County, after evaluating various options, is proposing for flood control purposes to:
improve Palm Lane from 78th Street to Hawes Road; 78th Street from Palm Lane to
McDowell Road; and to modify the McDowell Road drainage basin, including Structure
No. 4 (Project).
5.
Part of the Project includes relocation of an existing water line and an estimated fourteen
(14) one-inch service meters (Waterline Relocation), and another part of the Project
involves modifications to the McDowell Road Storm Drain and Retention Basin (Drain
and Basin Improvements), which are owned operated and maintained in part by the
City and its Water Resources Department, Transportation Department and Parks,
Recreation and Community Facilities Departments.
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6.
The County shall be responsible for completion of the Waterline Relocation, and all Drain
and Basin Improvements and other modifications to the McDowell Road Retention Basin,
modifications to the McDowell Road Storm Drain.
PURPOSE OF THE AGREEMENT
7
The purpose of this Intergovernmental Agreement is to identify and define the
responsibilities of the County and the City regarding the Project.
TERMS OF THE AGREEMENT
8.
The County agrees to:
8.1 Design and construct the Waterline Relocations to City standards.
8.2 Design and construct the Drain and Basin Improvements to County or City
standards, as applicable.
8.3 Provide construction documents (plans and specifications) for review by the City
at the appropriate stages of submittals for design and construction.
8.4 Use County standards for the removal of the existing water line.
8.5 Request and obtain permits from the City for work on the Project within
incorporated limits, and on all City facilities.
8.6 Repurpose the City's fourteen (14) existing water service meters and backflow
prevention devices (if any) and reinstall them per the construction documents.
Should a new meter or device be required, the City shall supply the item to the
County at no cost to the County.
8.7 Work with the City's Engineering Public Relations staff to provide proper
notification and exhibits to City water customers that will be impacted by the
Waterline Relocation Project.
8.8 Upon completion of the Waterline Improvements and the Drain and Basin
Improvements, provide the City with an opportunity to inspect and accept such
Improvements if consistent with the City's Engineering Standards.
9.
The City Agrees to:
9.1 Review submitted construction documents for the Project and provide comments
to County within twenty (20) working days of receipt.
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9.2 Own, operate and maintain the waterline and the associated service taps after
completion of the Waterline Relocation and upon final acceptance by the City.
9.3 Own, operate and maintain that portion of the of the Drain and Basin
Improvements located within the City's McDowell Road drainage basin after
completion and upon final acceptance as provided in IGA FCD 2006A008,
9.4 Assist the County, through the City's Engineering Public Relations staff, with
notification letters and exhibits to City water customers that will be impacted by
the waterline relocation.
9.5 Provide to the County, at no cost, traffic control permit(s) for work within the City's
jurisdictional boundaries as necessary to complete the Project. All other permits
to work within the incorporated limits of the City or on City facilities will be issued
to the County or its contractor subject to submission of the appropriate application
and payment of generally applicable fees.
GENERAL TERMS AND CONDITIONS
10. Each Party (as "indemnitor") agrees to indemnify, defend, and hold harmless the other Party
(as "lndemnitee") from and against all claims, losses, liability, costs, and expenses (including
reasonable attorneys' fees) (hereinafter collectively referred to as "Claims") arising out of
bodily injury of any person (including death) or property damage, but only to the extent that
such Claims, which result in vicarious liability to lndemnitee, are caused by the act, omission,
negligence, misconduct, or other fault of Indemnitor, its officers, agents, employees, or
authorized volunteers.
11. This Agreement shall become effective as of the date it is approved by the Maricopa County
Board of Supervisors and remain in full force and effect until all stipulations previously
indicated have been satisfied, except that it may be amended upon written Agreement by all
Parties. Any Party may terminate this Agreement upon furnishing the other Party with a written
notice at least thirty (30) days prior to the effective termination date.
12.This Agreement shall be subject to the provisions of A.R.S. Section 38-511
13.
The Parties warrant that they are in compliance with A.R.S. Section 41-4401 and further
acknowledge that:
a. 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. Section 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.
b. Any breach of the warranty shall be deemed a material breach of the contract that is
subject to penalties up to and including termination of the contract.
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c. 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.
d. Nothing in this Agreement shall make any contractor or subcontractor an agent or
employee of the Parties to this Agreement.
14. 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.
15. Each of the following shall constitute a material breach of this Agreement and an event of
default ("Default") hereunder: A Party's failure to observe or perform any of the material
covenants, conditions or provisions of this Agreement to be observed or performed by that
Party ("Defaulting Party"), where such failure shall continue for a period of thirty (30) days after
the Defaulting Party receives written notice of such failure from the non-defaulting Party
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, but the total aggregate cure period shall not exceed ninety
(90) days unless the Parties agree in writing that additional time is reasonably necessary under
such circumstances to cure such default. In the event a Defaulting Party fails to perform any
of its material obligations under this Agreement and is in Default pursuant to this Section, the
non-defaulting Party, at its option, may terminate this Agreement. Further, upon the
occurrence of any Default and at any time thereafter, the non-defaulting Party may, but shall
not be required to, exercise any remedies now or hereafter available to it at law or in equity.
16.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 Mesa
Attn: City Engineer
P.O. Box 1466
Mesa, Arizona 85211
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, certified or
registered mail or U.S. Postal Service Express Mail, with postage prepaid, and shall be
deemed sufficiently given if served in a manner specified in this paragraph. Either Party
may by written notice to the other specify a different address for notice. Any notice sent by
registered or 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.
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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 courier that guarantee next day
delivery shall be deemed given 24 hours after delivery of the notice to the Postal Service
or courier.
17. This Agreement does not imply authority to perform any tasks, or accept any responsibility,
not expressly stated in this Agreement.
18. This Agreement does not create a duty or responsibility unless the intention to do so is clearly
and unambiguously stated in this Agreement.
19. This Agreement does not grant authority to control the subject roadway, except to the extent
necessary to perform the tasks expressly undertaken pursuant to this Agreement.
20.Any funding provided for in this Agreement, other than in the current fiscal year, is contingent
upon being budgeted and appropriated by the Maricopa County Board of Supervisors and the
Mesa City Council in such fiscal year. This Agreement may be terminated by any Party at the
end of any fiscal year due to non-appropriation of funds.
21.This Agreement shall be binding upon and inure to the benefit of the Parties and their
respective successors and assignees. Neither Party shall assign its interest in this Agreement
without the prior written consent of the other Party.
22.This Agreement and all Exhibits attached to this Agreement set forth all of the covenants,
promises, agreements, conditions and understandings between the Parties to this Agreement,
as to the subject matter hereof, and there are no covenants, promises, agreements, conditions
or understandings, either oral or written, between the Parties other than as set forth or
recognized in this Agreement, and those agreements which are executed contemporaneously
with this Agreement, 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. This Agreement cannot be modified or changed
except by a written instrument executed by all of the Parties hereto. Each Party has reviewed
this Agreement and has had the opportunity to have it reviewed by legal counsel.
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.Wherever possible, each provision of this Agreement shall be interpreted in such a manner as
to be valid under applicable law, but if any provision shall be invalid or prohibited under the
law, such provision shall be ineffective to the extent of such prohibition or invalidation but shall
not invalidate the remainder of such provision or the remaining provisions.
25. 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.
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26. Nothing contained in this Agreement shall create any partnership, joint venture or other
agreement between the Parties hereto. Except as expressly provided in this Agreement, no
term or provision of this Agreement is intended or shall be for the benefit of any person or
entity not a party to this Agreement, and no such other person or entity shall have any right or
cause of action under this Agreement.
27.Time is of the essence concerning this Agreement. Unless otherwise specified in this
Agreement, the term "day" as used in this Agreement means calendar day. If the date for
performance of any obligation under this Agreement or the last day of any time period provided
in this Agreement falls on a Saturday, Sunday or legal holiday, then the date for performance
or time period shall expire at the close of business on the first day thereafter which is not a
Saturday, Sunday or legal holiday.
28. Sections and other headings contained in this Agreement are for reference purposes only and
shall not affect in any way the meaning or interpretation of this Agreement.
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 agree to 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.
31. The Parties hereby agree that 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
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Zo
Date
ortation Director
Approved and Accepted by:
IN WITNESS WHEREOF, the Parties have executed this Agreement.
MARICOPA COUNTY
Recommended by:
Chairman
Date
Board of Supervisors
Attest by:
Clerk of the Board
Date
APPROVAL OF DEPUTY COUNTY ATTORNEY
I hereby state that I have reviewed the proposed Intergovernmental Agreement and declare the
Agreement to be in proper form and within the powers and authority granted to Maricopa County
by their respective governing body under the laws of the State of Arizona.
Deputy County Attorney Date
IN WITNESS WHEREOF, the Parties have executed this Agreement.
CITY OF MESA
Approved and Accepted by:
Christopher J. Brady
Date
City Manager
Attest by:
City Clerk
Date
APPROVAL OF CITY ATTORNEY
I hereby state that! have reviewed the proposed Intergovernmental Agreement and declare the
Agreement to be in proper form and within the powers and authority granted to the City of Mesa
by their respective governing body under the laws of the State of Arizona.
City Attorney
Date