CAMELBACK ROAD IGA - SIGNED.PDF

INTERGOVERNMENTAL AGREEMENT BETWEEN MARICOPA COUNTY AND THE
CITY OF LITCHFIELD PARK FOR THE CONSTRUCTION OF IMPROVEMENTS TO
CAMELBACK ROAD FROM THE 14574 DRIVE ALIGNMENT TO 12774 AVENUE

TT#0707
(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 Litchfield Park, 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 ef. 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 maintains Camelback Road from 145" Avenue to El Mirage Road.
5. The City has proposed to improve Camelback Road from 145" Avenue to Dysart Road to
four through lanes, bike lanes, turn lanes, raised landscaped median, sidewalk, curb and
gutter, traffic signals, streetlights, improved drainage facilities, wet utilities, and dry utilities.

(Project).

6. The Project will be built to the City’s design standards and annexed by the City prior to the
start of construction.

PURPOSE OF THE AGREEMENT

7. 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.

DocuSign Envelope ID: 1C70EF 11-05EE-4AEE-A1D8-3EA1B7BDFCCO

TERMS OF THE AGREEMENT

8. Responsibilities of County:

8.1

8.2

8.3

8.4

8.5

The County shall 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.

The County shall provide no-cost permits for design, construction, and traffic
control, as applicable, to the City for any Project-related work that lies within
unincorporated County boundaries.

The County shall contribute $3,511,000 of the construction Project Costs.

Upon completion of the annexation of the Project, but not before July 1, 2022, 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 full contribution of
$3,511,000. The County shall retain sole discretion to notify the City of any
advanced availability of funds and may remit payment to the City prior to fiscal year
2022.

The County shall pay invoices submitted by the City within thirty (30) days of
receipt.

9. Responsibilities of the City:

9.1.

9.2.

9.3.

9.4.

9.5.

9.6.

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.

The City shall design and construct the Project to City standards in compliance
with the approved plans and specifications. The City shall be responsible for review
and approval of all plans and be responsible for construction and inspection
approvals.

The City shall be responsible for all Project Costs, beyond the County’s
contribution.

The City shall be financially responsible for 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.

The City shall complete the annexation of Camelback Road from the 145" Avenue
Alignment east to 127" Avenue before the start of construction.

Upon completion of the annexation of the Project, and not before July 1, 2022, the
City shall invoice the County for the County's cost contribution.

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10.

11,

12.

13.
14,

15.

GENERAL TERMS AND CONDITIONS

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, 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.

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,

This Agreement may be amended only upon written Agreement by all Parties.
This Agreement is subject to the provisions of A.R.S. § 38-511.

The Parties warrant that they are in compliance with A.R.S. § 41-4401 and further
acknowledge that:

14.1. 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.

14.2 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.

14.3 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.

14.4 Nothing in this Agreement shall make any contractor or subcontractor an agent or
employee of the Parties to this Agreement.

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.

DocuSign Envelope ID: 1C70EF 11-05EE-4AEE-A1D8-3EA1B7BDFCCO

16.

17.

18.

19.

20.

21.

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.

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 shail 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

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 Litchfield Park

Attn: City Manager

214 West Wigwam Boulevard
Litchfield Park, Arizona 85340

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.

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.

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.

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22.

23.

24.

25.

26.

27.

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.

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.

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.

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.

The venue for any claim arising out of or in any way related to this Agreement shall be
Maricopa County, Arizona.

This Agreement shall be governed by the laws of the State of Arizona.

End of Agreement - Signature Page Follows

DocuSign Envelope ID: 1C70EF11-05EE-4AEE-A1D8-3EA1B7BDFCCO

IN WITNESS WHEREOF, the Parties have executed this Agreement.

CITY OF LITCHFIELD PARK
Recommended by:

F —
SAS 0 2
Matthew Williams Date
City Manager

Approved and Accepted by:

Dit 11/4/2021

Thomés L Stshoaf Date
Mayor

Attest by:
ke pe | t 11/4/2021
City Clerk \ * Date

APPROVAL OF CITY ATTORNEY

| 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 Council of the
City Litchfield Park under the laws of the State of Arizona.

11/4/2021
City phtomey Date

DocuSign Envelope ID: 1C70EF11-05EE-4AEE-A1D8-3EA1B7BDFCCO

IN WITNESS WHEREOF, the Parties have executed this Agreement.

MARICOPA COUNTY

Recommended by:

DocuSigned by:

[ senifr Tole 10/25/2021

Jennifer Toth, PE. 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.

DocuSigned by:
et Puck 10/25/2021
Depuly County Attorney Date