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ADOT CAR No.: IGA 22-0008550-I
AG Contract No.: P001 2022 000505
Project Location/Name: Six Intersections
in Glendale
Type of Work: Install Flashing Yellow
Arrows
Federal-aid No.: HSIP-GLN-0(267)T
ADOT Project No.: T0349 01D/03D/01C
TIP/STIP No.: GLN22-070D, GLN22-070C
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 upgrading intersections signals to
accommodate flashing yellow arrows and providing positive left-turn offsets at the
following six intersections within the City: Bell Road and 63rd Avenue, Northern Avenue and
56th Lane, Northern Avenue and 47th Avenue, Olive Avenue and 47th Drive, Olive Avenue and
55th Drive, and 67th Avenue and Butler Avenue, (the “Project”). The Project cost, shown in
Exhibit A, is estimated at $922,588.00, which includes federal aid. The State will administer
the design, and the State will advertise, bid and award, and administer the construction 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
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law and regulations. The State shall be the designated agent for the City for the Project, if
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 and returned to the Maricopa Association of
Governments. 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. If Project Development Administration (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. 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, specifications and cost estimates and other
related tasks essential to the design development of the Project.
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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 receipt of actual PDA costs, if applicable, 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.
f.
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.
g. 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.
h. Notify the City of completion and final acceptance of the Project; coordinate with the
City and turn over full responsibility of the Project improvements.
i.
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. 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.
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. 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.
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e. 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.
f.
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)
g. 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.
h. 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.
i.
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.
j.
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.
k. 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.
l.
After completion and final acceptance of the Project, agree to maintain and assume full
responsibility of the Project and all Project components.
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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 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 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. 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. Third-Party Indemnification. 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. Programmed Federal Funds. 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
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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. 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.
9. Indirect Costs. The cost of the Project under this Agreement includes indirect costs
approved by FHWA, as applicable.
10. 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 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. Title VI. The City acknowledges and will comply with Title VI of the Civil Rights Act Of 1964.
12. Single Audit. 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. Federal Funds Repayment. 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.
14. Governing Law. This Agreement shall be governed by and construed in accordance with
Arizona laws.
15. Conflicts of Interest. This Agreement may be cancelled in accordance with A.R.S. § 38-511.
16. 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.
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17. 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 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. 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.
20. E-Verify. The Parties shall comply with the applicable requirements of A.R.S. § 41-4401.
21. Anti-Israel Boycott Act. The Parties shall certify that all contractors comply with the
applicable requirements of A.R.S. §35-393.01.
22. Other Applicable Laws. The Parties shall comply with all applicable laws, rules, regulations
and ordinances, as may be amended.
23. 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
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
City of Glendale
Attn: Tony Abbo
6210 W. Myrtle Ave. #112
Glendale, AZ 85301
623.930.2951
Tabbo@glendaleaz.com
City of Glendale
Attn: Tony Abbo
6210 W. Myrtle Ave. #112
Glendale, AZ 85301
623.930.2951
Tabbo@glendaleaz.com
City of Glendale
Attn: Tony Abbo
6210 W. Myrtle Ave. #112
Glendale, AZ 85301
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PMG@azdot.gov
623.930.2951
Tabbo@glendaleaz.com
24. Revisions to Contacts. Any revisions to the names and addresses above may be updated
administratively by either Party and shall be in writing.
25. 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.
IN WITNESS WHEREOF, the Parties have executed this Agreement to be effective upon the signing
and dating of all Parties.
CITY OF GLENDALE
By ______________________________Date___________
KEVIN R. PHELPS
City Manager
ATTEST:
By ______________________________ Date___________
JULIE K. BOWER
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
GLENDALE, 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 ______________________________
STEVE BOSCHEN, PE
Division Director, Infrastructure Delivery and Operations Division
By ______________________________
BRENT A. CAIN, PE
Division Director, Transportation Systems Management and Operations Division
A.G. Contract No. _________________ (ADOT IGA 22-0008550), an Agreement between public
agencies, the State of Arizona and the City of Glendale, 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
T0349 01D 03D 01C
The Project costs are estimated as follows:
ADOT Project Development Administration (PDA) Cost
Federal-aid funds @ 100%
$ 30,000.00
Scoping/Design:
Federal-aid funds @ 100%
$ 243,000.00
Subtotal – Scoping/Design/PDA
$ 273,000.00
Construction:
Federal-aid funds @ 100%
$ 649,588.00
Subtotal – Construction*
$ 649,588.00
Estimated TOTAL Project Cost
$ 922,588.00
Total Estimated Federal Funds
$ 922,588.00
* (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)