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ADOT CAR No.: IGA 21-0008180-I
AG Contract No.: P001 2021 000756
Project Location/Name: 67TH AVENUE:
MISSOURI AVENUE - CHOLLA STREET
Type of Work: INSTALL BIKE LANES &
ENHANCE PEDESTRIAN FACILITIES
Federal-aid No.: CMAQ-GLN-0(265)T
ADOT Project No.: T0318 01D/03D/01C
TIP/STIP No.: GLN24-040D1,GLN24-
040C1
CFDA No.: 20.205 - Highway Planning and
Construction
Budget Source Item No.: NA
INTERGOVERNMENTAL AGREEMENT
BETWEEN
THE STATE OF ARIZONA
AND
THE CITY OF GLENDALE
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 GLENDALE, 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 by
resolution, 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
City.
3. The work proposed under this Agreement consists of installation of bicycle lanes and
enhancement of pedestrian facilities, on an approximate five mile section, between Missouri
Avenue and Cholla Street, (the “Project”). The Project may include widening and extending
existing sidewalks. The Project cost, shown in Exhibit A, is estimated at $5,225,876.00,
which includes federal aid and the City’s match. The State will administer the design and
advertise, bid and award, and administer the construction phase of the Project.
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
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the Project is approved by Federal Highway Administration (FHWA) and funds for the
Project are available.
THEREFORE, the Recitals set forth above and Exhibit A, attached hereto and made part hereof, are
incorporated into this Agreement and in consideration of the mutual terms expressed herein, it is
agreed as follows:
II. SCOPE OF WORK
1. The Parties agree:
a. The Project will be completed, accepted, and paid for in accordance with the
requirements of the Project plans and specifications.
b. The final Project amount may exceed the initial estimate(s) identified in Exhibit A, and
in such case, the City 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. The City acknowledges it remains responsible
for actual costs and agrees to pay according to the terms of this Agreement.
c. The City and ADOT will each separately file a Notice of Intent (NOI) under the
Construction General Permit (CGP) with the Arizona Department of Environmental
Quality (ADEQ) before construction begins, if applicable to the Project.
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 City'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 City's share of the initial Project Development Administration
(PDA) costs, estimated at $1,710.00 and the City's share of the Project design costs,
estimated at $37,260.00. 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 are finalized invoice or reimburse the City for
the difference between actual costs and the amount the City has already paid for PDA.
c. After receipt of the PDA costs and the City's estimated share of the Project design costs,
on behalf of the City, prepare and provide all documents pertaining to the design and
post-design of the Project, incorporating comments from the City, as appropriate.
Review and approve documents required by FHWA to qualify the Project for and to
receive federal funds. Perform tasks that may consist of, but are not limited to,
preparation of environmental documents; analysis and documentation of
environmental categorical exclusion determinations; geologic materials testing and
analysis; right of way related activities; preparation of reports, design plans, maps,
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specifications and cost estimates and other related tasks essential to the design
development of the Project.
d. Submit all required documentation pertaining to the Project to FHWA with the
recommendation that the maximum federal funds programmed for this Project be
approved for scoping/design. After receipt of FHWA authorization, proceed to advertise
for and enter into contract(s) with the consultant(s) for the design and post-design of
the Project. Should costs exceed the maximum federal funds available it is understood
and agreed that the City will be responsible for any overage.
e. After completion of design and prior to bid advertisement, invoice the City for the actual
PDA costs, as applicable, and the City's share of the Project construction costs, estimated
at $258,905.00. After the Project costs for construction are finalized, the State will either
invoice or reimburse the City for the difference between estimated and actual costs. De-
obligate or otherwise release any remaining federal funds from the scoping/design
phase of the Project.
f.
After receipt of the actual PDA costs, if applicable, and the City's estimated share of the
Project construction costs, submit all required documentation to FHWA with the
recommendation that the maximum federal funds programmed for construction of this
Project be approved. Should costs exceed the maximum federal funds available, it is
understood and agreed that the City will be responsible for any overage.
g. After receipt of FHWA authorization, proceed to advertise for, receive and open bids
award and enter into a contract with the firm for the construction of the Project. If the
bid amounts exceed the construction cost estimate, obtain City concurrence prior to
awarding the contract. After the Project is awarded, invoice the City for the difference
between estimated and actual costs, if applicable.
h. Notify the City of completion and final acceptance of the Project. At such time, file a
Notice of Termination (NOT) with ADEQ transferring CGP responsibilities to the City,
and provide a copy to the City indicating that the State’s maintenance responsibility of
the Project is terminated, as applicable.
i.
Notify the City of completion and final acceptance of the Project; coordinate with the
City and turn over full responsibility of the Project improvements.
j.
Not be obligated to 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 City's share of the initial
PDA costs, estimated at $1,710.00 and the City's share of Project design costs, estimated
at $37,260.00. Agree to be responsible for 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 and design costs of the Project within 30 days of
receipt of an invoice.
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c. Review design plans, specifications, cost estimates and other such documents required
for the construction bidding and construction of the Project, including scoping/design
plans and documents required by FHWA to qualify projects for and to
receive federal funds; provide design review comments to the State as appropriate.
d. After completion of design, within 30 days of receipt of an invoice from the State and
prior to bid advertisement, pay to the State, any outstanding PDA costs and the City's
share of the Project construction costs, estimated at $258,905.00. Be responsible for and
pay the difference between the estimated and actual construction costs of the Project,
within 30 days of receipt of an invoice.
e. Be responsible for all costs incurred in performing and accomplishing the work as set
forth under this Agreement, that are not covered by federal funding. 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; payment for these costs shall be made
within 30 days of receipt of an invoice from the State.
f.
Certify that all necessary rights of way have been or will be acquired prior to
advertisement for bid and also certify that all obstructions or unauthorized
encroachments of whatever nature, either above or below the surface of the Project
area, shall be removed from the proposed right of way, or will be removed prior to the
start of construction, in accordance with The Uniform Relocation Assistance and Real
Property Acquisition Policies Act of 1970 as amended; 49 CFR 24.102 Basic Acquisition
Policies; 49 CFR 24.4 Assurances, Monitoring and Corrective Action, parts (a) & (b) and
ADOT Right of Way Procedures Manual: 8.02 Responsibilities, 8.03 Prime Functions,
9.06 Monitoring Process and 9.07 Certification of Compliance. Coordinate with the
appropriate State’s Right of Way personnel during any right of way process performed
by the City, if applicable.
g. 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)
h. Not permit or allow any encroachments on or private use of the right of way, except
those authorized by permit. In the event of any unauthorized encroachment or
improper use, the City shall take all necessary steps to remove or prevent any such
encroachment or use. Provide a copy of encroachment permits issued within the Project
limits to the State.
i.
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 construction and preconstruction related activities for the Project,
on, to and over said City rights of way. This temporary right will expire with completion
of the Project.
j.
Investigate and document utilities within the Project limits; submit findings to ADOT
determining prior rights or no prior rights; approve an easement within the final right
of way to re-establish the prior right location for those utilities with prior rights.
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k. Be obligated to incur any expenditure should unforeseen conditions or circumstances
increase Project costs. Be responsible for the cost of any City requested changes to the
scope of work of the Project, such changes will require State and FHWA approval. Be
responsible for any contractor claims for additional compensation caused by Project
delay attributable to the City. Payment for these costs will be made to the State within
30 days of receipt of an invoice from the State.
l.
After notification of final acceptance by the State, assume and maintain full
responsibility of the Project, including Storm Water Pollution Prevention Plans (SWPPP)
inspections, maintenance, and required documentation, until final stabilization is
reached. Provide the NOI number to the State and the Contractor, accept CGP
responsibilities at time of transfer, and file an NOT with ADEQ when final stabilization is
reached, as applicable.
m. After completion and final acceptance of the Project, agree to maintain and assume full
responsibility of the Project and all Project components.
III. MISCELLANEOUS PROVISIONS
1. This Agreement shall become effective upon signing and dating of the Determination Letter
by the State’s Attorney General.
2. Any change or modification to the Project will only occur with the mutual written consent of
both Parties.
3. 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 provisions for maintenance shall be perpetual, unless assumed by another competent
entity.
4. 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 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 complete or maintain the Project.
5. 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
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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. The State shall include Section 107.13 of the 2021 version of the Arizona Department of
Transportation Standard Specifications for Road and Bridge Construction, incorporated into
this Agreement by reference, in the State’s contract with any and all contractors, of which
the City shall be specifically named as a third-party beneficiary. This provision may not be
amended without the approval of the City.
7. The cost of scoping, design, construction and construction engineering work under this
Agreement is to be covered by the federal funds programmed for this Project, up to the
maximum available. The City 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 City agrees to pay the difference between
actual costs of the Project and the federal funds received.
8. 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.
9. The cost of the Project under this Agreement includes indirect costs approved by FHWA, as
applicable.
10. 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 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.
11. The City acknowledges and will comply with Title VI of the Civil Rights Act Of 1964.
12. The City acknowledges compliance with federal laws and regulations and may be subject to
the CODE OF FEDERAL REGULATIONS, TITLE 2, PART 200 (also known as The Uniform
Grant Guidance). Entities that expend $750,000.00 or more (on or after 12/26/14) of
federal assistance (federal funds, federal grants, or federal awards) are required to comply
by having an independent audit in accordance with §200.331 Subpart F. Either an electronic
or hardcopy of the Single Audit is to be sent to Arizona Department of Transportation
Financial Management Services within the required deadline of nine months of the sub
recipient fiscal year end.
ADOT – FMS
Attn: Cost Accounting Administrator
206 S 17th Ave. Mail Drop 204B
Phoenix, AZ 85007
SingleAudit@azdot.gov
13. Pursuant to 23 USC 102(b), the City will repay all federal funds reimbursements for
preliminary engineering costs on the Project if it does not advance to right of way
acquisition or construction within 10 years after federal funds were first made available.
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14. This Agreement shall be governed by and construed in accordance with Arizona laws.
15. This Agreement may be cancelled in accordance with A.R.S. § 38-511.
16. The City shall retain all books, accounts, reports, files and other records relating to the
Agreement for five years after completion of the Project. These documents shall be subject
at all reasonable times to inspection and audit by the State. Such records shall be produced
by the City at the request of ADOT.
17. 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 in this Agreement by reference regarding “Non-Discrimination.”
18. 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.
19. 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.
20. The Parties shall comply with the applicable requirements of A.R.S. § 41-4401.
21. The Parties shall certify that all contractors comply with the applicable requirements of
A.R.S. §35-393.01.
22. The Parties shall comply with all applicable laws, rules, regulations and ordinances, as may
be amended.
23. 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 Section
205 S. 17th Avenue, Mail Drop 637E
Phoenix, AZ 85007
JPABranch@azdot.gov
City of Glendale
Attn: Patrick Sage
6210 W Myrtle Ave
Glendale, AZ 85301
623.930.2945
psage@glendaleaz.com
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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 Glendale
Attn: Patrick Sage
6210 W Myrtle Ave
Glendale, AZ 85301
623.930.2945
psage@glendaleaz.com
City of Glendale
Attn: Patrick Sage
6210 W Myrtle Ave
Glendale, AZ 85301
623.930.2945
psage@glendaleaz.com
24. Any revisions to the names and addresses above may be updated administratively by either
Party and shall be in writing.
25. In accordance with A.R.S. § 11-952 (D), attached and incorporated in this Agreement is the
written determination of each Party’s legal counsel that the Parties are authorized under
the laws of this State to enter into this Agreement and that the Agreement is in proper form.
IN WITNESS WHEREOF, the Parties have executed this Agreement the day and year first above
written.
CITY OF GLENDALE
By ______________________________
JERRY WEIERS
Mayor
STATE OF ARIZONA
Department of Transportation
By ______________________________
STEVE BOSCHEN, PE
Division Director
ATTEST:
By ______________________________
JULIE K. BOWER
City Clerk
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IGA 21-0008180-I
ATTORNEY APPROVAL FORM FOR THE CITY OF GLENDALE
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 GLENDALE, an
agreement among public agencies which, has been reviewed pursuant to Arizona Revised Statutes
§§ 11-951 through 11-954 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.
_____________________________________________________ _________________________________
City Attorney
Date
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EXHIBIT A
Cost Estimate
T0318 01D 03D 01C
The federal funds will be used for the ADOT Project Development Administration (PDA),
scoping/design, and construction of the Project, including the construction engineering (CE)
and administration cost. The estimated Project costs are as follows:
ADOT PDA Cost:
Federal-aid funds @ 94.3%
$ 28,290.00
City’s match @ 5.7%
$ 1,710.00
Subtotal – PDA
$ 30,000.00
Scoping/Design:
Federal-aid funds @ 94.3%
$ 616,422.00
City’s match @ 5.7%
$ 37,260.00
Subtotal – Scoping/Design/PDA
$ 683,682.00
Construction:
Federal-aid funds @ 94.3%
$ 4,283,289.00
City’s match @ 5.7%
$ 258,905.00
Subtotal – Construction*
$ 4,542,194.00
Estimated TOTAL Project Cost
$ 5,225,876.00
Total Estimated City Funds
$ 297,875.00
Total Federal Funds
$ 4,928,001.00
* (Includes 15% CE (this percentage is subject to change, any change will require concurrence
from the City) and 5% Project contingencies)