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ADOT CAR No.: IGA 22-0008508-I
AG Contract No.: P001 2022 000685
Project Location/Name: US Highway
60/Grand Avenue
Type of Work: Emergency Vehicle
Preemption Systems
Federal-aid No.: NA
ADOT Project No.: MAINTAGR
TIP/STIP No.: NA
CFDA No.: 20.205 - Highway Planning and
Construction
Budget Source Item No.: NA
INTERGOVERNMENTAL AGREEMENT
BETWEEN
THE STATE OF ARIZONA
AND
CITY OF EL MIRAGE
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 the CITY OF EL MIRAGE, acting by and through its MAYOR and CITY COUNCIL (the
“City”). The State and the City 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 City is empowered by A.R.S. § 48-572 to enter into this Agreement and has authorized
the undersigned to execute this Agreement on behalf of the City.
3. It is to the mutual benefit of the State and the City to enter into this Agreement to specify
each Party’s respective responsibilities in the development, design, installation, and
maintenance of an emergency vehicle preemption (EVP) systems on US Highway 60/Grand
Avenue intersections at Thompson Ranch Road/Thunderbird Road and Primrose Street
(the “Project”). The City will be responsible for all costs including the development, design,
and installation of the EVP system. ADOT will maintain the traffic signal poles and EVP
systems within State right of way, in accordance with the ADOT Traffic Guidelines and
Processes 624 – Emergency Vehicle Preemption (TGP 624).
THEREFORE, the Recitals set forth above are incorporated into this Agreement and in
consideration of the mutual terms expressed herein, it is agreed as follows:
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II. SCOPE OF WORK
1. The Parties agree:
a. In the event that the EVP system must be disconnected or removed, ADOT reserves the
right to disable the equipment or require the City to disable the equipment. In such an
event, ADOT will notify the City and coordinate removal of the equipment. Removal of
the equipment will be at no cost to the State.
2. The State will:
a. Issue, in accordance with the established procedures of the State’s Central District
Permit Office, the required encroachment permit(s) for installation of the EVP systems,
as identified by the City and approved by ADOT. Permits will be issued when
appropriate insurance documents are provided as required by ADOT Risk Management.
b. Not take any actions without prior notice to the City that has the effect of disabling an
EVP system, rendering it not functional.
c. After notification from the City as provided herein, on each occasion, make a signal
technician available at the affected signal location, during normal working hours, to
afford access to the signal cabinet and to answer questions from City personnel or City
contractors regarding the EVP system.
d. After completion of installation and acceptance of the Project, remain responsible for
signal timing and maintenance of all components within the signal cabinet, except the
EVP system, in accordance with TGP 624.
3. The City will:
a. Submit an encroachment permit application with all required documentation to the
State’s Central District Permit Office for the installation of the EVP systems. Separate
encroachment permit applications are required for any new construction or installation,
related pre-construction activities, and routine maintenance and emergency work, and
removal work, as applicable. Provide appropriate insurance with each encroachment
permit once, then annually for the maintenance and emergency work, as applicable, to
keep permit valid.
b. Contact the ADOT Systems Maintenance Group, Signal Lighting and Technology Electric
Group (SLATE) under the Transportation Systems Management & Operations (TSMO)
Division at least three business days prior to commencing any work within an affected
signal cabinet, allowing ADOT to coordinate an onsite meeting of the Parties’
representatives to discuss the EVP system work to be performed.
c. Install all EVP systems in accordance with TGP 624 at the City’s sole expense.
d. Be responsible for all costs associated with training traffic signal technicians.
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e. Furnish any and all components for the EVP systems, including but not limited to, EVP
components located in the controller cabinets, and sensor devices, and an emitter for
testing.
f.
Maintain all vehicle mounted EVP systems in accordance with TGP 624 at the City’s sole
expense.
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 for successive periods of five years from the effective date and may be amended
upon mutual written consent of both Parties.
4. Cancellation. This Agreement may be cancelled at any time up prior to the installation of the
initial EVP system(s) or after 30 days prior written notice to the other Party. It is
understood and agreed that, in the event the City terminates this Agreement, the City 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 City terminates this Agreement, the State shall
in no way be obligated to install or maintain the EVP system(s).
5. Indemnification. The City 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 City, 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 City’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 City which may be legally imputed to the
State by virtue of the State’s ownership or possession of land. The City’s obligations under
this paragraph shall survive the termination of this Agreement.
6. Insurance. The City’s contractor and subcontractors shall procure and maintain insurance
until all of their obligations have been discharged, including any warranty periods under
their contract with the City of El Mirage, are satisfied, insurance against claims for injury to
persons or damage to property which may arise from or in connection with the
performance of the work hereunder by the Contractor, his agents, representatives,
employees or subcontractors. The amounts and types of insurance required are those
required by the ADOT Permits Insurance Matrix.
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7. Federal Funding Accountability and Transparency Act. 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 City shall provide
information that is requested by the State to enable the State to comply with the
requirements of the Act, as may be applicable.
8. Title VI. The City acknowledges and will comply with Title VI of the Civil Rights Act Of 1964.
9. Governing Law. This Agreement shall be governed by and construed in accordance with
Arizona laws.
10. Conflicts of Interest. This Agreement may be cancelled in accordance with A.R.S. § 38-511.
11. Inspection and Audit. The City 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 State for five years after completion of the Project. Such records
shall be produced by the City, electronically or at the State office as set forth in this
Agreement, at the request of ADOT.
12. 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 issued by the Governor of
the State of Arizona and incorporated by reference regarding “Non-Discrimination.”
13. 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.
14. 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.
15. E-Verify. The Parties shall comply with the applicable requirements of A.R.S. § 41-4401.
16. Anti-Israel Boycott Act. The Parties shall certify that all contractors comply with the
applicable requirements of A.R.S. §35-393.01.
17. Other Applicable Laws. The Parties shall comply with all applicable laws, rules, regulations
and ordinances, as may be amended.
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18. 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
Transportation Systems Management and
Operations
6989 2nd Street
Prescott Valley, AZ 86314
928.277.2935
TBD, M-F, 8:00 am to 5:00 pm
For Maintenance Related Issues:
Arizona Department of Transportation
Transportation Systems Management and
Operations SLATE Northern Regional
Manager
1959 S. Woodlands Village Blvd.
Suite B, MDF599
Flagstaff, AZ 86001
928.527.0189
TBD, M-F, 8:00 am to 5:00 pm
TBD, outside regular business hours
City of El Mirage
Attn: Bryce Christo
1000 N El Mirage Road
El Mirage, AZ 85335
623.980.9980
bchristo@elmirageaz.gov
City of El Mirage
Attn: Bryce Christo
1000 N El Mirage Road
El Mirage, AZ 85335
623.980.9980
bchristo@elmirageaz.gov
City of El Mirage
Attn: Cason Chambers
10355 N 121st Avenue
El Mirage, AZ 85335
623.876.4237
M-Th 6:00 am to 2:00 pm
cchambers@elmirageaz.gov
19. Revisions to Contacts. Any revisions to the contact names and addresses above may be
updated administratively by either Party and shall be in writing.
20. 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 is set forth
below.
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IN WITNESS WHEREOF, the Parties have executed this Agreement to be effective upon the signing
and dating of all Parties.
CITY OF EL MIRAGE
By ______________________________Date___________
ALEXIS HERMOSILLO
Mayor
ATTEST:
By ______________________________ Date___________
SHARON ANTES
City Clerk
I have reviewed the above referenced Intergovernmental Agreement between the State of
Arizona, acting by and through its DEPARTMENT OF TRANSPORTATION, and the CITY OF EL
MIRAGE, an agreement among public agencies which, has been reviewed pursuant to A.R.S. §§
11-951 through 11-954 and A.R.S. § 48-572 and declare this Agreement to be in proper form
and within the powers and authority granted to the City 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___________
City Attorney
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ARIZONA DEPARTMENT OF TRANSPORTATION
By ______________________________ Date___________
BRENT A. CAIN, PE
Division Director, Transportation Systems Management and Operations Division
A.G. Contract No. P001 2022 000685 (ADOT IGA 22-0008508-I), an Agreement between
public agencies, the State of Arizona and the City of El Mirage, 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