IGA - Speed Display Feedback Signs
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ADOT CAR No.: IGA 23-0009112-I
AG Contract No.: P0012023000655
Project Location/Name: El Mirage &
Surprise Elementary
Type of Work: Speed Display Feedback
Signs
Federal-aid No.: ELM-0(214)T
ADOT Project No.: T0426 01D/01X
TIP/STIP No.: ELM23-271
CFDA No.: 20.205 - Highway Planning and
Construction
Budget Source Item No.: N/A
INTERGOVERNMENTAL AGREEMENT
BETWEEN
THE STATE OF ARIZONA
AND
THE 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” 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 City is empowered by A.R.S. § 48-572 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 purpose of this Agreement is to establish each Party’s responsibilities. With the aid and
consent of the State and the Federal Highway Administration (FHWA), ADOT and the
Local Agency will utilize the State’s Procurement Process and ADOT Procurement
contract(s), to enter into a contract with an authorized supplier who will provide the
equipment as outlined in the contract and approved plans to complete this project. The
Local Agency will procure four speed feedback signs and associated speed limit signs to be
mounted on existing poles in proximity to school crosswalks at Acoma Drive & 126th Avenue
and at 127th Avenue & Pershing Street, (the “Project” or “Equipment”). The City will receive
and install the Equipment at its own cost. The Project cost, shown in Exhibit A, is estimated
at $34,000.00, which includes federal aid and the City’s match. The City will be reimbursed
an amount not to exceed $22,632.00.
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4. The interest of the State in this Project is the acquisition of federal funds for the use and
benefit of the City and authorization of such federal funds for the Project pursuant to federal
law and regulations. The State shall be the designated agent for the City for the Project, if
the Project is approved by FHWA and funds for the Project are available.
5. The foregoing Recitals and Exhibit A shall be incorporated into this Agreement.
In consideration of the mutual terms expressed herein, the Parties agree as follows:
II. SCOPE OF WORK
1. The Parties agree:
a. The Project will be completed, accepted, and paid for in accordance with FHWA and
State requirements.
b. The final Project amount may exceed the initial estimate(s) identified in Exhibit A, and
in such case, the Local Agency is responsible for, and agrees to pay, any and all actual
costs exceeding the initial estimate. If the final Project amount is less than the initial
estimate, the difference between the final bid amount and the initial estimate will be de-
obligated or otherwise released from the Project and returned to the Maricopa
Association of Governments (MAG). The Local Agency acknowledges it remains
responsible for actual costs and agrees to pay according to the terms of this Agreement.
2. The State will:
a. Execute this Agreement, and if the Project is approved by FHWA and funds for the
Project are available, be the Local Agency’s designated agent for the Project.
b. After this Agreement is executed, and prior to performing or authorizing any work,
invoice the City for the initial Project Development Administration (PDA) costs,
estimated at $570.00. If PDA costs exceed the estimate during the development of
design, notify the City, obtain concurrence prior to continuing with the development of
design, and invoice as determined by ADOT and the City for additional costs to complete
PDA for the Project. After the Project costs for the procurement of the Equipment are
finalized, the State will either invoice or reimburse the City for the difference between
estimated and actual Project costs.
c. Submit all required documentation pertaining to the Project to FHWA with the
recommendation that the maximum federal funds programmed be approved for the
procurement of the Equipment.
d. After receipt of the City’s PDA and with FHWA authorization, the ADOT Project
Manager, (“PM”), will send a Notice to Proceed letter (“NTP”) and begin the
procurement process, coordinating with the City to solicit and enter into a contract(s)
IGA 23-0009112-I
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with authorized supplier(s) for the purchase of the Equipment. After the State enters
into the contract with the authorized supplier, the City will issue a purchase order to the
authorized supplier(s) instructing the authorized supplier(s) to deliver Equipment
directly to the City for final acceptance and to bill the City directly.
e. Within 30 days of receipt, review, and approval of invoice(s) and documentation of
payment for Equipment reimburse the City for eligible costs incurred less the City’s
applicable pro-rata match, not to exceed 80% of the total amount of federal-aid
programmed for the Project as depicted in Exhibit A.
f.
After notification of receipt of Equipment and prior to installation, verify that each item
purchased meets Equipment specifications, document Equipment serial numbers, and
require the Local Agency to provide documentation stating where each serial number
will be installed.
g. After notification of Project completion from the City, perform final inspection, verify
installation of Equipment was performed and completed in compliance with State and
FHWA requirements.
h. After completion of final inspection, and within 30 days of receipt, review, and approve
the final invoice and documentation from the City, reimburse the City with the
remaining federal-aid approved and programmed, as depicted in Exhibit A, for this
Project not to exceed $22,632.00.
i.
Reserve the right to de-obligate federal funds should the Project go six months or more
without being charged to.
j.
Not be obligated to complete or maintain the Project, should the City fail to budget or
provide for proper and perpetual maintenance as set forth in this Agreement.
3. The City will:
a. Designate the State as the City’s authorized agent for the Project.
b. Within 30 days of receipt of an invoice from the State, pay the initial PDA costs,
estimated at $570.00. Agree to be responsible for the actual PDA costs, if during the
development of design, PDA costs exceed the initial estimate. Be responsible and pay
for the difference between the estimated and actual PDA of the Project within 30 days
of receipt of an invoice.
c. Coordinate with the State during the procurement process, providing Equipment
specifications to best ensure the requirements of the Project are met.
d. Utilize the State’s Procurement Process and the ADOT Procurement contract(s)
developed and entered into for this Project. Issue a purchase order to the authorized
supplier.
e. Have 365 calendar days from the award of contract to order the Equipment.
IGA 23-0009112-I
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f.
Notify the State when the Equipment is received, State will inspect the Equipment
prior to installation, document Equipment serial numbers, and provide
documentation to the State showing where each serial number will be installed.
Documentation must be provided to the State prior to the State’s final inspection of
the Project.
g. Make all payments directly to the vendor, and be responsible for all costs incurred for
the purchase of the Equipment subject to reimbursement by the State as provided
herein.
h. Within 30 days after payment for the Equipment, submit an invoice, on ADOT’s
Progress Payment Report Form, Exhibit B, attached and made a part of this
Agreement, including all back-up documentation, to the State for review and approval,
of eligible costs incurred by the City for the purchase of the Equipment, less the City’s
applicable pro-rata match, not to exceed 80% of $22,632.00, the total amount of
federal-aid programmed for the Project and as depicted in Exhibit A. Any costs
incurred prior to the date of the official NTP will not be eligible for reimbursement.
i.
Be responsible for any costs exceeding the maximum federal funds available for the
Project. Should costs be deemed ineligible or exceed the maximum federal funds
available, it is understood and agreed that the City is responsible for these costs.
j.
Install the Equipment acquired under this Agreement within one year of receipt of
Equipment and maintain all Project improvements provided for the life of the
Equipment. Keep complete records of all Equipment installed per this Project in a
manner consistent with State and FHWA requirements.
k. Notify the State when all Equipment has been installed and is ready for inspection;
coordinate final inspection of the Project with the State. After completion of final
inspection, invoice the State, on the Progress Payment Report Form, Exhibit B, for the
remaining federal funds programmed as depicted in Exhibit A for this Project for a
total not to exceed $22,632.00.
l.
As applicable, certify that the City has adequate resources to discharge the City’s real
property related responsibilities and ensures that its Title 23-funded projects are
carried out using the FHWA approved and certified ADOT Right of Way Procedures
Manual and that they will comply with current FHWA requirements whether or not
the requirements are included in the FHWA approved ADOT Right of Way Procedures
Manual. (23 CFR 710.201)
m. Automatically grant to the State, by execution of this Agreement, its agents and/or
contractors, without cost, the temporary right to enter City rights of way, as required,
to conduct any and all Equipment inspection related activities for the Project, on, to
and over said City rights of way. This temporary right will expire with completion of
the Project.
III. MISCELLANEOUS PROVISIONS
1. Effective Date. This Agreement shall become effective upon signing and dating of all Parties.
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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 and all related deposits and/or reimbursements
are made. Any and all obligations of maintenance hereunder shall remain perpetual and
shall survive any termination hereof and the assignment or assumption of this Agreement
or the Project by another competent jurisdiction or entity.
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 Local
Agency terminates this Agreement, the Local Agency 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 Local Agency terminates this Agreement, the State shall in no way be
obligated to complete or maintain the Project.
5. Indemnification. The Local Agency shall indemnify, defend, and hold harmless the State, any
of its departments, agencies, boards, commissions, 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 Local Agency, 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 Local Agency’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 Local
Agency which may be legally imputed to the State by virtue of the State’s ownership or
possession of land. The Local Agency’s obligations under this paragraph shall survive the
termination of this Agreement.
6. Programmed Federal Funds. The cost of Project under this Agreement is to be covered by
the federal funds programmed for this Project, up to the maximum available. The Local
Agency acknowledges that actual Project costs may exceed the maximum available amount
of federal funds, or that certain costs may not be accepted by FHWA as eligible for federal
funds. Therefore, the Local Agency agrees to pay the difference between actual costs of the
Project and the federal funds received.
7. Termination of Federal Funding. Should the federal funding related to this Project be
terminated or reduced by the federal government, or Congress rescinds, fails to renew, or
otherwise reduces apportionments or obligation authority, the State shall in no way be
obligated for funding or liable for any past, current or future expenses under this
Agreement.
8. Indirect Costs. The cost of the Project under this Agreement includes indirect costs
approved by FHWA, as applicable.
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9. 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 Local Agency 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.
10. Governing Law. This Agreement shall be governed by and construed in accordance with
Arizona laws.
11. Conflicts of Interest. This Agreement may be cancelled in accordance with A.R.S. § 38-511.
12. Inspection and Audit. The Local Agency 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 Local Agency, electronically or at the State office as set forth in this
Agreement, at the request of ADOT.
13. Title VI. The Local Agency acknowledges and will comply with Title VI of the Civil Rights Act
Of 1964.
14. 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.”
15. 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.
16. 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.
17. E-Verify. The Parties shall comply with the applicable requirements of A.R.S. § 41-4401.
18. Contractor Certifications. The Parties shall certify that all contractors comply with the
applicable requirements of A.R.S. §§ 35-393.01 and 35-394.
19. Other Applicable Laws. The Parties shall comply with all applicable laws, rules, regulations
and ordinances, as may be amended.
20. 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:
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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
Project Management Group
205 S. 17th Avenue, Mail Drop 614E
Phoenix, AZ 85007
PMG@azdot.gov
For Financial Administration:
Arizona Department of Transportation
Project Management Group
205 S. 17th Avenue, Mail Drop 614E
Phoenix, AZ 85007
PMG@azdot.gov
City of El Mirage
Attn: Autumn Grooms, DPA
10000 N. El Mirage Rd
El Mirage, AZ 85335
623.876.2973
agrooms@elmirageaz.gov
City of El Mirage
Attn: Bryce Christo, PE
10000 N. El Mirage Rd
El Mirage, AZ 85335
623.876.2974
bchristo@elmirageaz.gov
City of El Mirage
Attn: Robert Weddingen, CPA,
MPA10000 N. El Mirage Rd
El Mirage, AZ 85335
623.876.2954
rweddigen@elmirageaz.gov
21. Revisions to Contacts. Any revisions to the names and addresses above may be updated
administratively by either Party and shall be in writing.
22. 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.
23. Electronic Signatures. This Agreement may be signed in an electronic format using
DocuSign.
Remainder of this page is intentionally left blank.
(Signatures begin on the next page)
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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.
CITY OF EL MIRAGE
By ______________________________Date___________
ALEXIS A 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
Transportation Systems Management and Operations Division
Division Director
A.G. Contract No. P0012023000655 (ADOT IGA 23-0009112-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
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EXHIBIT A
Cost Estimate
T0426 01D/01X
The Project costs are estimated as follows:
ADOT Project Development Administration (PDA) Cost, non-federal-aid:
Federal-aid funds @ 94.3%
$ 9,430.00
Local Agency’s match @ 5.7%
570.00
Subtotal – PDA
$ 10,000.00
Procurement:
Federal-aid funds @ 94.3%
$ 22,632.00
Local Agency’s match @ 5.7%
1,368.00
Subtotal – Procurement
$ 24,000.00
Estimated TOTAL Project Cost*
$ 34,000.00
Total Estimated Local Agency Funds
$ 1,938.00
Total Federal Funds
$ 32,062.00
* (Includes 15% construction engineering (CE) and administration cost (this percentage is
subject to change, any change will require concurrence from the City) and 5% Project
contingencies)
23-0009112-I
EXHIBIT B
PROGRESS
FINAL
Name of Vendor
10000 N. El Mirage Rd
El Mirage, AZ 85335
Date Started :
% Billed
% Complete
Items
CONTRACT
AMOUNT
Previous
Accumulative
Amount
Current
Month
Accumulative
Amount
PER IGA 23-0009112-I
See Attached
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
Submitted By:
Date:
Approved By:
Date:
ADOT Project Manager
Contract Payables/JPA-PR-FORMAT 8/21/17
Total to Date
Total Previous
Report
Current Report
$0.00
$0.00
$0.00
DESCRIPTION Hours
ARIZONA DEPARTMENT OF TRANSPORTATION
PROGRESS PAYMENT REPORT
Estimated Completion Date:
23-0009112-I
IGA
Federal-aid No.
Name of Project
REMIT PAYMENT TO:
City of El Mirage
T0426 01D/01X
El Mirage & Surprise Elementary
ELM-0(214)T
ADOT Project No.
SUMMARY OF WORK FOR WHICH PAYMENT IS REQUESTED
ADOT PO #
Item No.
Report No.