2025-03-24 - PC 1309 -TT0372-24-0009762-MCDOT-T0233-02C-FINAL.PDF
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ADOT CAR No.: IGA 24-0009762-I
AG Contract No.: P0012025000176
Project Location/Name: Northern
Avenue: 103rd Ave – 91st Ave
Type of Work: Construction Inspection
Federal-aid No.: MMA-0(281)D
ADOT Project No.: T0233 02C
MCDOT Project No.: TT0372
TIP/STIP No.: MMA20-112DZ, MMA20-
112RRB, MMA21-112RRB
CFDA No.: 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, a political
subdivision of the State, (the “County” or “Local Agency”). The State and the County 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 County 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 County.
3. The Local Agency is constructing improvements on Northern Avenue from 103rd Avenue to
91st Avenue (the “Project”). Portions of the Project are within ADOT right of way. The
County will obtain a permit from the State to complete the Project and be responsible for
actual costs of the Project. The State will review the Project design plans and provide an
inspector for a portion of the Project at the cost of the County. The inspection cost
associated with the Project is estimated at $120,000.
4. The operations and maintenance responsibilities related to the Project within ADOT right of
way is addressed in IGA 23-0009115-I between ADOT and the City of Peoria, right of way
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abandonment related to this Project is addressed in IGA 24-0009583-I among ADOT, the
County, the City of Peoria, and the City of Glendale, the developer’s adjacent project related
to the Project, is addressed in JPA 21-0008213-I among ADOT, the County, the City of
Glendale, and Thompson Thrift, and the Advanced Construction of the Project is addressed
in IGA 19-0007562-I between ADOT and the County.
5. The foregoing Recitals 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 State will:
a. After this Agreement is executed, invoice the Local Agency $120,000 for the inspection
costs associated with the Project. After the Project has been completed, the State will
either invoice or reimburse the Local Agency for the difference between estimated and
actual costs of this portion of the Project.
b. Issue, in accordance with the established procedures of the State’s Central District
Permit Office, a permit for the initial construction of the Project, separate permits for
related pre-construction activities (such as pot-holing, utility work, survey etc), and a
permit on a yearly basis for routine maintenance and emergency work. Routine
maintenance and emergency work will be defined within the permit. Permits will be
issued when appropriate insurance documents are provided as required by ADOT Risk
Management.
c. Review the design plans, specifications and other such documents and services required
for the construction of the Project within the State’s right of way and provide comments
to the Local Agency as appropriate.
d. Coordinate with the Local Agency throughout the construction phase of the Project for
the State’s inspection of all Project improvements including those that the State will
own and operate.
2. The Local Agency will:
a. Within 30 days of receipt of an invoice from the State, pay to the State $120,000.00 for
the costs associated with the State’s inspection of the Project. After the Project has been
completed, be responsible and pay for the difference between estimated and actual
costs of this portion of the Project within 30 days of receipt of an invoice.
b. Be responsible for all Project costs incurred in performing and accomplishing the work
as set forth under this Agreement.
c. Submit an encroachment permit application with all required documentation to the
State’s Central District Permit Office for the initial construction of the Project, separate
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encroachment permit applications for related pre-construction activities as needed, and
an encroachment permit application for routine maintenance and emergency work.
Provide appropriate insurance with each encroachment permit once, then annually for
the maintenance and emergency work to keep that permit valid. Notify the State’s
Central District Permit Office of any emergency maintenance work affecting the State
right of way. Submit an encroachment permit application for any new construction or
installation.
d. Prepare and provide the design documents required for construction of the Project and
incorporate comments from the State as appropriate.
e. Not permit or allow any encroachments upon or private use of the public right of way,
except those authorized by permit. Coordinate all authorized permits with ADOT prior
to construction. In the event of any unauthorized encroachment or improper use, the
Local Agency shall take all necessary steps to remove or prevent any such
encroachment or use.
f.
Coordinate inspection of Project improvements including those that the State will own,
operate and maintain. Be responsible for any and all future repairs, modifications,
maintenance, damages to ADOT property resulting from the Project.
g. In coordination with the State and throughout the construction phase of the Project,
inspect all Local Agency’s Project improvements that the Local Agency will own, operate
and maintain. Be responsible for any and all future repairs, modifications, maintenance,
and damages to the Local Agency’s Project or ADOT property.
h. Comply with the latest edition Manual on Uniform Traffic Control Devices (MUTCD)
published by the Federal Highway Administration (FHWA) and adopted by ADOT, as per
A.R.S. § 28-641, when performing any work under this Agreement. Traffic Control plans
will be processed through the State’s Central District Permits Office.
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 this Agreement 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.
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
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obligated to complete or maintain the Project and the State shall not allow the Local Agency
to construct the Project in the State’s right of way.
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. Third-Party Insurance. Local Agency shall require all contractors and subcontractors
performing any work on the Project to procure and maintain Commercial General Liability
Insurance, Commercial Auto Liability Insurance, Work Comp/Employers’ Liability
Insurance, and, if applicable, Aviation Liability Insurance for claims for injury to persons or
damage to property, which may arise from or in connection with the performance of the
work on the Project hereunder by the contractor or subcontractor and their respective
agents, representatives, employees. The minimum amounts and types of insurance to be
provided are set forth in the ADOT Permit Insurance Matrix for Encroachment Insurance
Requirements, a copy of which is attached hereto as Exhibit B. The Commercial General
Liability Insurance policy shall include coverage for Completed Operations. All of the
insurance policies required to be carried herein shall be endorsed to add Maricopa County
and the State of Arizona and to waive subrogation claims against Maricopa County and the
State of Arizona. The Commercial General Liability Insurance policy and, if applicable, the
Aviation Liability Insurance policy shall be endorsed to provide that the coverages provided
under the policies are primary and non-contributory. The insurance coverage required
herein shall remain in effect until all of their obligations under their respective contracts
have been discharged, including warranty obligations.
7. Governing Law. This Agreement shall be governed by and construed in accordance with
Arizona laws.
8. Conflicts of Interest. This Agreement may be cancelled in accordance with A.R.S. § 38-511.
9. 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.
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10. Title VI. The Local Agency acknowledges and will comply with Title VI of the Civil Rights Act
Of 1964.
11. 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.”
12. Non-Availability of Funds. Every obligation of the State and Local Agency 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 at the end of the period for which the
funds are available. No liability shall accrue to the State or Local Agency in the event this
provision is exercised, and neither the State nor the Local Agency shall be obligated or liable
for any future payments as a result of termination under this paragraph.
13. 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.
14. E-Verify. The Parties shall comply with the applicable requirements of A.R.S. § 41-4401.
15. Contractor Certifications. The Parties shall certify that all contractors comply with the
applicable requirements of A.R.S. §§ 35-393.01 and 35-394.
16. Other Applicable Laws. The Parties shall comply with all applicable laws, rules, regulations
and ordinances, as may be amended.
17. 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
Development Engineer – Central District
2140 W. Hilton Avenue, Mail Drop E700
Phoenix, AZ 85009
602.712.6664
Maricopa County Transportation
Attn: Mitch Wagner
2901 W Durango St
Phoenix, AZ 85009
602.506.5858
Mitch.Wagner@maricopa.gov
Maricopa County Transportation
Attn: Ben Markert
2901 W Durango St
Phoenix, AZ 85009
602.506.8651
Ben.markert@maricopa.gov
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For Financial Administration:
Arizona Department of Transportation
Development Engineer – Central District
2140 W. Hilton Avenue, Mail Drop E700
Phoenix, AZ 85009
602.712.6664
Maricopa County
Transportation
Attn: Mary Ann Roder
2901 W Durango St
Phoenix, AZ 85009
602.506.8644
MaryAnn.Roder@maricopa.gov
18. 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.
19. 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.
20. Electronic Signatures. This Agreement may be signed in an electronic format including
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.
MARICOPA COUNTY
By ______________________________Date___________
JESSE GUTIERREZ
Transportation Director
Approved and accepted by:
By ______________________________ Date___________
THOMAS GALVIN
Chairman, Board of Supervisors
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___________
MAX CARPINELLI
County Attorney
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3/20/2025
3/11/2025
IGA 24-0009762-I
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ARIZONA DEPARTMENT OF TRANSPORTATION
By ______________________________________ Date__________
AUDRA MERRICK, PE
Infrastructure 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 02C
Construction Inspection:
Local Agency’s costs @ 100%
$ 120,000
Estimated TOTAL – Construction Inspection
$ 120,000
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