2025-12-23_-PC 1843 TT0372-NORTHERN-PARKWAY-UTILITY-RELOCATION-WITH-EXHIBITS.PDF

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ADOT CAR No.: IGA 25-0011279-I 
AG Contract No.: P0012025000701 
Project Location/Name: ITS ON-CALL 
SERVICES 
Type of Work: Utility Relocation 
Federal-aid No.: MMA-0(281)D 
ADOT Project No.: T0233 01C 
MCDOT Project No.: TT0372 
ALN: 20.205 - Highway Planning and 
Construction 
Budget Source Item No.: N/A 
INTERGOVERNMENTAL AGREEMENT 
BETWEEN 
THE STATE OF ARIZONA 
AND 
MARICOPA COUNTY 
THIS AGREEMENT (“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 MARICOPA COUNTY, acting by and through its BOARD OF SUPERVISORS (the 
“County” or “Local Agency”). The State and the Local Agency are each individually referred to as a 
“Party” and are collectively referred to as the “Parties.” 
I.
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 Local Agency is empowered by A.R.S. § 11-251 to enter into this Agreement and has by
resolution, if required, a copy of which is attached and made a part of, resolved to enter into
this Agreement and has authorized the undersigned to execute this Agreement on behalf of
the Local Agency.
3.
The Local Agency is designing and constructing the widening of Northern Avenue to four
travel lanes in each direction from 103rd Avenue to 91st Avenue (TT0372). In order for the
County to complete TT0372, ADOT utilities in the area need to be relocated. At the request
of the Local Agency, ADOT will relocate the existing ADOT Number 9 ITS Vault to the south
of its current location and adjust the existing conduit to tie into the new ADOT Number 9
ITS Vault location, shown in Exhibit B (the “Project”). ADOT will administer the construction
of the Project and the Local Agency will be responsible for the cost of the Project, estimated
at $173,639, shown in Exhibit A.
4.
The foregoing Recitals and all Exhibits referred to herein and attached shall be incorporated
into this Agreement.
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IGA 25-0011279-I 
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In consideration of the mutual terms expressed herein, the Parties agree as follows: 
II. SCOPE OF WORK
1.
The State will:
a.
After this Agreement is executed, invoice the Local Agency for the Project costs,
estimated at $173,639. After receipt of the Local Agency’s funds, proceed to enter into a
contract with a firm for the construction of the Project. If Project costs exceed the
estimate, notify the Local Agency, obtain concurrence from the Transportation Director
before continuing, and invoice as determined by ADOT and the Local Agency for
additional Project cost overages. After the Project costs are finalized, invoice or
reimburse the Local Agency for the difference between actual costs and the amount the
Local Agency has paid for the project.
b.
Relocate the utilities, ADOT Number 9 ITS Vault and connected conduit, to new sites
that mitigate interference with the Salt River Project’s (SRP’s) proposed irrigation
crossing.
c.
Coordinate with the Local Agency throughout the construction phase of the Project for
the Local Agency’s inspection and oversight, notify the Local Agency of Project
completion.
2.
The Local Agency will:
a.
Within 30 days of receipt of an invoice from the State pay to the State the Project costs,
estimated at $173,639, and if applicable, the difference between the final and initial
Project cost estimates.  Be responsible for and pay the difference between the estimated
Project cost and Project bid amount prior to award. After Project completion, be
responsible for and pay any outstanding Project costs, within 30 days of receipt of an
invoice.
b.
In coordination with the State and throughout the construction of the Project, inspect all
Project areas that the Local Agency will own, operate and maintain.
III. MISCELLANEOUS PROVISIONS
1.
Effective Date. This Agreement shall become effective upon signing and dating of all Parties.
2.
Amendments. Any change or modification to the Project will only occur with the mutual
written consent of both Parties.
3.
Duration. The terms, conditions and provisions of this Agreement shall remain in full force
and effect until completion of the Project.
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IGA 25-0011279-I 
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4.
Cancellation. This Agreement may be cancelled at any time up to 30 days before the award
of the 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 State
terminates this Agreement, the State shall in no way be obligated to complete or maintain
the Project.
5.
Indemnification. Each Party (as "Indemnitor") agrees to indemnify, defend, and hold
harmless the other Party (as "Indemnitee") from and against any and all claims, losses,
liability, costs, or expenses (including reasonable attorney's 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/derivative liability to the Indemnitee are caused by the act, omission, negligence,
misconduct, or other fault of the Indemnitor, its officers, officials, agents, employees, or
volunteers.
6.
Governing Law.  This Agreement shall be governed by and construed in accordance with
Arizona laws. 
7.
Conflicts of Interest.  This Agreement may be cancelled in accordance with A.R.S. § 38-511.
8.
Inspection and Audit. The Parties shall retain all books, accounts, reports, files and other
records relating to this Agreement which shall be subject at all reasonable times to
inspection and audit by the Parties for five years after completion of the Project. Such
records shall be produced electronically or at the State office as set forth in this Agreement,
at the request of either Party.
9.
Title VI. The County acknowledges and will comply with Title VI of the Civil Rights Act Of
1964. 
10. Non-Discrimination. 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, as amended by Executive Order 2023-
01, issued by the Governor of the State of Arizona and incorporated in this Agreement by
reference regarding “Non-Discrimination.”
11. Non-Availability of Funds. Every obligation of the State 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 at the end of the period for which the funds
are available. No liability shall accrue to the State in the event this provision is exercised,
and the State shall not be obligated or liable for any future payments as a result of
termination under this paragraph.
12. Arbitration. 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.
13. E-Verify. The Parties shall comply with the applicable requirements of A.R.S. § 41-4401.
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IGA 25-0011279-I 
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14. Contractor Certifications. The County shall certify that all contractors comply with the
applicable requirements of A.R.S. §§ 35-393.01 and A.R.S. 35-394.
15. Other Applicable Laws. The Parties shall comply with all applicable laws, rules, regulations
and ordinances, as may be amended.
16. Notices. 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 Group 
205 S. 17th Avenue, Mail Drop 637E 
Phoenix, AZ 85007 
JPABranch@azdot.gov 
For Project Administration: 
Arizona Department of Transportation 
Central District 
2140 W. Hilton Ave., Mail Drop E700 
Phoenix, AZ 85009 
602.712.6664  
Maricopa County Department 
of Transportation  
Attn: Intergovernmental 
Relations Branch 
2901 W. Durango Street 
Phoenix, AZ 85009 
602.506.8694 
Maricopa County Department 
of Transportation  
Attn: Intergovernmental 
Relations Branch 
2901 W. Durango Street 
Phoenix, AZ 85009 
602.506.8603 
17. Revisions to Contacts.  Any revisions to the names and addresses above may be updated
administratively by either Party with written notice to the other Party.
18. Legal Counsel Approval.  In accordance with A.R.S. § 11-952 (D),  the written determination
of each Party’s legal counsel providing that the Parties are authorized under the laws of this
State to enter into this Agreement and that the Agreement is in proper form as set forth
below.
19. Electronic Signatures.  This Agreement may be signed in an electronic format including
DocuSign. 
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IGA 25-0011279-I 
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IN WITNESS WHEREOF, the Parties have executed this Agreement to be effective upon the full 
completion of signing and dating by all Parties to this Agreement. 
MARICOPA COUNTY 
Recommended by: 
By _________________________________________________Date________________ 
 JESSE GUTIERREZ, P.E.  
 Transportation Director 
Approved and Accepted by: 
By _________________________________________Date___________ 
 KATE BROPHY MCGEE 
Chair
Attest by: 
By __________________________________________Date__________ 
 JUANITA GARZA 
 Clerk of the Board 
I have reviewed the above referenced Intergovernmental Agreement between the State of Arizona, 
acting by and through its Department of Transportation, and Maricopa County, an agreement 
among public agencies which, has been reviewed pursuant to A.R.S. §§ 11-951 through 11-954 and 
A.R.S. § 11-251 and declare this Agreement to be in proper form and within the powers and 
authority granted to the County under the laws of the State of Arizona. 
No opinion is expressed as to the authority of the State to enter into this Agreement. 
Approved as to Form: 
By _________________________________________________Date_________________ 
 Deputy County Attorney 
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12/23/2025
12/19/2025
, Board of Supervisors

IGA 25-0011279-I 
 
 
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ARIZONA DEPARTMENT OF TRANSPORTATION 
 
 
By _________________________________________________Date________________ 
       AUDRA MERRICK, PE 
       Project Delivery and Operations Division 
Division Director 
 
 
This Agreement between public agencies, the State of Arizona and Maricopa County, has been 
reviewed pursuant to A.R.S. §§ 11-951 through 11-954 and A.R.S. § 28-401, by the 
undersigned Assistant Attorney General who has determined that it is in the proper form and 
is within the powers and authority granted to the State of Arizona. No opinion is expressed as 
to the authority of the remaining Parties, other than the State or its agencies, to enter into said 
Agreement. 
 
 
By ________________________________________________Date_________________ 
       Assistant Attorney General 
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EXHIBIT A 
Cost Estimate 
T0233 01C  
The Project costs are estimated as follows: 
Construction: 
Local Agency’s costs @ 100% 
$ 173,639 
Estimated TOTAL Project Cost 
$ 173,639 
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Relocate City 
of Glendale Box
Relocate 
ADOT Boxes
Relocate 
ADOT FMS 
Conduits
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EXHIBIT B