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City of Phoenix
Contract Route Slip
Administrative Regulation (A.R.) 4.21 provides the policy for processing and executing contracts. It is the responsibility of departments to
ensure contracts are executed according to City policies and other governing statutes. For additional contract guidance contact the Law
Department or visit the Contract Resource Center on the City’s Intranet.
Recommended routing order for signatures: (1) Contracting party (There are cases where the Contracting party requires the City to sign
first. This is permissible. If you have questions, consult the Law Department.) (2) City Manager or designee* (A.R. 1.51 requires
Delegation of Authority for designee.) (3) Law Department* (Some departments require review and signature by legal counsel to “Approve
As To Form” prior to the Department Director’s signature, so check with your Department.) and (4) City Clerk. (*Signature required prior to
City Clerk attestation).
Only one contract original is required for processing which will be returned to the department. The official record of the contract will be
maintained electronically by the City Clerk Department. The signature line for City Clerk attestation MUST be on the same page as the
Department Director’s signature. The Contract Route Slip MUST be filled out completely and printed on yellow paper. An incomplete
Contract Route Slip may delay processing. Contracts are processed within 48 hours of receipt and are available via the Intranet Public
22-2D Rev. 4/2020
Records Search Page within 72 hours. If special processing is required, please call for arrangements at 602-262-6811.
Recommended Routing
for Signatures
(1) Contracting Party
(2) City Manager or Designee
(3) Law Department
(4) City Clerk
Contract No.
(Issued by City Clerk):
Amendment No.
(If Applicable)
Document Type
(Contract, Lease, IGA, Deed, MOU,
License, Permit, etc.)
All Original Signatures
Required:
YES
NO
Name of Contracting Party/
Vendor(s):
Contract Term:
City Council Approval?
YES
NO
Execution Date:
Council Action Date:
mm/dd/year
Expiration Date:
Council Report No.:
Does this document
contain information
classified as confidential or
restricted?(A.R. 1.90)
YES
NO
Agenda Item No.:
Does the contract require
recording with the Maricopa
County Recorder’s Office?
YES
NO
Ordinance or Resolution
No.:
Special Instructions for City
Clerk:
Primary Contact:
Department:
Phone:
Email:
Cost Center or WBS for Legal Services
(If Applicable)
ProLaw No.
Assigned Attorney
Law Department Use Only
Law Department Time Stamp
City Clerk Time Stamp
N/A
ST89360030-1
IGA
2 Years
Susan Boyles
07/01/2022
602-262-6772
susan.boyles@phoenix.gov
S-48845
126
Street Transportation
09/30/2022
09/30/2024
22-0756
R. Horvath
22-023134
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City of Glendale
157057
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Page 1 of 11
WHEN RECORDED RETURN TO:
City of Glendale Transportation Department
INTERGOVERNMENTAL AGREEMENT BETWEEN CITY OF PHOENIX AND THE
CITY OF GLENDALE FOR THE INSTALLATION OF VIDEO DETECTION ALONG
GLENDALE AVENUE
APPROVED BY THE CITY OF GLENDALE COUNCIL
ON THE __ DAY OF __________ 2022
DO NOT REMOVE
This is part of the official document
CITY OF GLENDALE TRANSPORTATION DEPARTMENT
157057--0
Page 2 of 11
INTERGOVERNMENTAL AGREEMENT BETWEEN CITY OF PHOENIX AND THE
CITY OF GLENDALE FOR THE INSTALLATION OF VIDEO DETECTION ALONG
GLENDALE AVENUE
PHX Project #: ST89360030
ADOT #: T0306 01D/03D/01C
Fed Aid #: GLN-0(262)T
TRACS #: GLN22-061
This Intergovernmental Agreement (Agreement) is entered into between the City of Glendale, a
municipal corporation (Glendale) and the City of Phoenix, a municipal corporation (Phoenix).
Phoenix and Glendale are collectively referred to as the Parties or individually as the Party.
STATUTORY AUTHORIZATION
1.
The Cities are authorized pursuant to A.R.S. Sections 9-240 and 9-276 to lay out and establish,
regulate and improve streets within the respective Phoenix and Glendale jurisdictions.
PURPOSE OF THE AGREEMENT
2.
The purpose of this Intergovernmental Agreement is to identify and define the responsibilities
of the Parties for various elements of the detection infrastructure installed on traffic signals
along Glendale Avenue, which include but are not limited to permitting, construction and
construction management.
BACKGROUND
3.
In association with the Maricopa Association of Governments (MAG) System Management
and Operations (SMO) Plan, Phoenix intends to permit Glendale’s contractor to utilize Phoenix
Right-of-Way to install vehicle presence detection system upgrades at four (4) signalized
intersections along the Glendale Avenue roadway corridor. The project scope includes
detection upgrades to be installed at 19 signalized intersections along Glendale Avenue, with
four signals (27th Avenue, 35th Avenue, 39th Avenue, and 43rd Avenue) being located within
the City of Phoenix and 15 signals located within the City of Glendale from Loop 101 Agua
Fria Freeway (L101) to I-17 (Project). The project includes the removal of existing video
detection, removal of existing loop detection at all signals, and installation of new signal
detection mounted on the signals within Project limits. The new advanced detection will
preferably be installed on all four approaches but if constraints are presented the detection must
at least be installed on the two Glendale Avenue approaches. The use of Phoenix Right-of-
Way is limited to the installation of the detection only and does not include access for the
Page 3 of 11
purpose of maintenance or operations. It is assumed that the Project will involve no ground
disturbance.
4.
The Project will be funded from local and federal funds through the utilization of the MAG
Transportation Improvement Program (TIP) Congestion Mitigation and Air Quality
Improvement (CMAQ) funds. The estimated construction cost is $904,860.00, which is made
up of federal funds of $853,282.00 and a local (City of Glendale) match of $51,578.00.
Phoenix’s contribution to the project is estimated at $13,365.00
5.
This Agreement is contingent upon the availability of federal funds through the MAG TIP, and
Glendale local match. Project details are as follows:
5.1.
Federal Contract Number: GLN-0(262)T
5.2.
Fiscal Years: FY 2022-FY2023
5.3.
Total Project Cost: $904,860.00
5.4.
Federal Obligation Award: $853,282.00
5.5.
Funding Sources:
i
Congestion Mitigation and Air Quality Funds (CMAQ) - $853,282.00 Federal
Highway Administration (FHWA)
ii
Highway User Revenue Funds (HURF) and local revenues - $51,578.00. Local
Match, between the participating agencies as follows:
a. City of Glendale – $38,213.00
b. City of Phoenix – $13,365.00
5.6.
Project Contact Information:
City of Glendale:
i
Name: Tony Abbo, P.E., PTOE
ii
Agency: City of Glendale
iii
Phone: (623) 930-2951 Email: tabbo@glendaleaz.com
Kimley Horn:
i
Name: Tom McCullough, P.E
ii
Agency: Kimley-Horn and Associates
iii
Phone: 602-216-1298 Email: thomas.mccullough@kimley-horn.com
City of Phoenix
i
Name: Simon Ramos, P.E.
ii
Agency: City of Phoenix
iii
Phone: 602-534-5351 - Email: simon.ramos@phoenix.gov
Page 4 of 11
6.
Glendale Avenue from west of L101 to west of 43rd Avenue varies between a six-lane arterial
road and a four-lane arterial road with a center two-way turn lane that is owned and maintained
by the City of Glendale.
7.
Glendale Avenue from 43rd Avenue to the west of I-17 is a five-lane arterial road with three
lanes in the westbound direction of travel, two lanes in the eastbound direction of travel, a
center two-way left turn lane, and opens to a six-lane arterial at various intersections that is
owned and maintained by the City of Phoenix.
8.
The existing traffic signals along Glendale Avenue between L101 and west of 43rd Avenue
(Excluding the 43rd Avenue signal) are owned by the City of Glendale and were constructed
to Glendale standards. The existing traffic signals at Glendale Avenue between 43rd Avenue
and west of I-17 are owned by the City of Phoenix were constructed to Phoenix standards. The
signals along Glendale Avenue located at the L101 and I-17 ramps were constructed to ADOT
standards, are owned by ADOT, and will not be included within this Project.
9.
The Parties agree that it would be beneficial for each of the traffic signals to install new vehicle
presence detection while maintaining existing operations and maintenance responsibilities of
their traffic signals.
10.
The Parties agree that new City of Phoenix detection infrastructure installed along Glendale
Avenue from 43rd Avenue to west of I-17 be owned and maintained by Phoenix (27th Avenue,
35th Avenue, 39th Avenue, and 43rd Avenue). The new City of Glendale detection infrastructure
installed along Glendale Avenue from west of L101 to west of 43rd Avenue be owned and
maintained by Glendale.
11.
At each of the signalized intersections, the Project will install new vehicle detection system
upgrades to existing traffic signal cabinet equipment and poles, while removing any existing
detection that is present.
TERMS OF THE AGREEMENT
12.
Responsibilities of Glendale:
12.1. Glendale shall administer construction of the Project for the duration of the Project.
12.2. Glendale shall contribute, upfront, all of the local match for the construction costs for
the entire federally funded Project.
12.3. Glendale shall invoice Phoenix, within 60 days following the completion of the Project,
the local match for the portion of the project within Phoenix jurisdiction, currently
estimated at $13,365.00.
Page 5 of 11
12.4. Glendale and Phoenix shall provide no-cost permits for construction and traffic control
to the Contractor for any Project-related work that lies within Glendale jurisdiction.
12.5. Contractor shall apply for and obtain permits for construction and traffic control from
Phoenix for any Project-related work that lies within Phoenix jurisdiction.
12.6. Glendale will be responsible for the Project’s plan review, approval and construction as
well as final inspection and acceptance of the Project. Glendale will obtain concurrence
from Phoenix for the Phoenix portion before final acceptance.
12.7. Glendale shall coordinate with the Contractor during construction to provide access to
the traffic signal cabinets within Phoenix jurisdiction and to maintain the condition of
the existing infrastructure within Phoenix traffic signal cabinets that it is found upon
opening the cabinet and provide oversight and inspection for the installation of the
detection on the traffic signal.
12.8. Glendale shall not enter another jurisdiction’s Right-of-Way or cabinet infrastructure
unless prior authorization is acquired.
12.9. Glendale will maintain the condition of the existing traffic signal infrastructure,
landscaping, and ground within Phoenix Right-of-Way.
12.10. Glendale shall continue to own and maintain the traffic signals and intersections within
Glendale jurisdiction.
12.11. Glendale shall own and maintain their detection system installed as part of this Project
within Glendale jurisdiction.
13.
Responsibilities of Phoenix:
13.1. Phoenix shall reimburse Glendale within 30 calendar days written notice following the
completion of the Project, the local match for the portion of the project within Phoenix
jurisdiction, currently estimated at $13,365.00.
13.2. Phoenix shall provide no-cost permits for construction and traffic control to Glendale
for any Project-related work that lies within Phoenix jurisdiction.
13.3. Phoenix will be responsible for their portion of the Project’s plan review, approval and
will provide staff to review and approve construction of Phoenix’s portion.
13.4. Phoenix shall coordinate with the Contractor during construction to provide access to
the traffic signal cabinet within Phoenix jurisdiction and provide oversight and
inspection for the installation and connection to the traffic signal.
13.5. Phoenix shall not enter another jurisdiction’s Right-of-Way or cabinet infrastructure
unless prior authorization is acquired.
Page 6 of 11
13.6. Phoenix shall continue to own and maintain the intersections within Phoenix
jurisdiction.
13.7. Phoenix shall own and maintain their detection system installed as part of this Project
within Phoenix jurisdiction.
GENERAL TERMS AND CONDITIONS
14.
By entering into this Agreement, the Parties agree that to the extent permitted by law, each
Party will indemnify, defend and save the other Parties harmless, including any of the Party's
departments, agencies, officers, employees, elected officials or agents, from and against all
loss, expense, damage or claims (including attorney fees and expenses included) of any nature
whatsoever which is caused by any activity, condition or event arising out of the negligent
performance or nonperformance by the indemnifying Party of any of the provisions of this
Agreement, By entering into this Agreement, each Party indemnifies the other parties against
all liability, losses and damages of any nature for or on account of any injuries or death of
persons or damages to or destruction of property arising out of or in any way connected with
the performance or nonperformance of this Agreement, except such injury or damage as shall
have been caused or contributed to by the negligence of that other Party. The damages which
are the subject of this indemnity shall include but not be limited to the damages incurred by
any Party, its departments, agencies, officers, employees, elected officials or agents. In the
event of an action, the damages which are the subject of this indemnity include costs, expenses
of litigation and reasonable attorney's fees.
15.
This Agreement shall become effective as of the date it is approved by all of the Parties and
remain in full force and effect until all stipulations previously indicated have been satisfied,
except that it may be amended upon written Agreement by all Parties.
16.
This Agreement shall be subject to the provisions of A.R.S. Section 38-511.
17.
The Parties warrant that they are in compliance with A-R.S. Section 41-4401 and further
acknowledge that:
17.1. Any contractor or subcontractor who is contracted by a Party to perform work on the
Project shall warrant their compliance with all federal immigration laws and regulations
that relate to their employees and their compliance with A.R.S. Section 23-214(A), and
shall keep a record of the verification for the duration of the employee's employment or
at least three (3) years, whichever is longer.
17.2. Any breach of the warranty shall be deemed a material breach of the contract that is
subject to penalties up to and including termination of the Agreement.
17.3. The Parties retain the legal right to inspect the papers of any contractor or subcontractor
employee who works on the Project to ensure that the contractor or subcontractor is
Page 7 of 11
complying with the warranty above and that the contractor agrees to make all papers
and employment records of said employee available during normal working hours in
order to facilitate such an inspection.
17.4. Nothing in this Agreement shall make any contractor or subcontractor an agent or
employee of the Parties to this Agreement.
18.
Each Party to this Agreement warrants that neither it nor any contractor or vendor under
contract with the Party to provide goods or services toward the accomplishment of the
objectives of this Agreement is suspended or debarred by any federal agency which has
provided funding that will be used in the Project described in this Agreement.
19.
Each of the following shall constitute a material breach of this Agreement and an event of
default ("Default") hereunder: A Party's failure to observe or perform any of the material
covenants, conditions or provisions of this Agreement to be observed or performed by that
Party ("Defaulting Party"), where such failure shall continue for a period of thirty (30) days
after the Defaulting Party receives written notice of such failure from the non-defaulting Party
provided, however, that such failure shall not be a Default if the Defaulting Party has
commenced to cure the Default within such thirty (30) day period and thereafter is diligently
pursuing such cure to completion, but the total aggregate cure period shall not exceed ninety
(90) days unless the Parties agree in writing that additional time is reasonably necessary under
such circumstances to cure such default. In the event a Defaulting Party fails to perform any
of its material obligations under this Agreement and is in Default pursuant to this Section, the
non-defaulting Party, at its option, may terminate this Agreement. Further, upon the occurrence
of any Default and at any time thereafter, the non-defaulting Party may, but shall not be
required to, exercise any remedies now or hereafter available to it at law or in equity.
20.
All notices required under this Agreement to be given in writing shall be sent to:
City of Glendale
Attn: Transportation Systems Administrator
6210 W. Myrtle Ave.,
Glendale, AZ 85301
City of Phoenix
Attn: Street Transportation Director
200 West Washington Street, 5th Floor
Phoenix, Arizona 85003
All notices required or permitted by this Agreement or applicable law shall be in writing
and may be delivered in person (by hand or courier) or may be sent by regular, certified or
registered mail or U.S. Postal Service Express Mail, with postage prepaid, and shall be
deemed sufficiently given if served in a manner specified in this paragraph. Either Party
may by written notice to the other specify a different address for notice. Any notice sent by
registered or certified mail, return receipt requested, shall be deemed given on the date of
Page 8 of 11
delivery shown on the receipt card, or if no delivery date is shown, the postmark thereon.
If sent by regular mail, the notice shall be deemed given 72 hours after the notice is
addressed as required in this paragraph and mailed with postage prepaid. Notices delivered
by United States Express Mail or overnight courier that guarantee next day delivery shall
be deemed given 24 hours after delivery of the notice to the Postal Service or courier
21.
This Agreement does not imply authority to perform any tasks, or accept any responsibility,
not expressly stated in this Agreement.
22.
This Agreement does not create a duty or responsibility unless the intention to do so is clearly
and unambiguously stated in this Agreement.
23.
This Agreement does not grant authority to control another Party’s roadway, except to the
extent necessary to perform the tasks expressly undertaken pursuant to this Agreement.
24.
This Agreement shall be binding upon and inure to the benefit of the Parties and their
respective successors and assignees. Neither Party shall assign its interest in this Agreement
without the prior written consent of the other Party.
25.
This Agreement set forth all of the covenants, promises, agreements, conditions and
understandings between the Parties to this Agreement, and there are no covenants, promises,
agreements, conditions or understandings, either oral or written} between the Parties other than
as set forth in this Agreement, and those agreements which are executed contemporaneously
with this Agreement. This Agreement shall be construed as a whole and in accordance with its
fair meaning and without regard to any presumption or other rule requiring construction against
the party drafting this Agreement. This Agreement cannot be modified or changed except by
a written instrument executed by all of the Parties hereto. Each Party has reviewed this
Agreement and has had the opportunity to have it reviewed by legal counsel.
26.
The waiver by any Party of any right granted to it under this Agreement is not a waiver of any
other right granted under this Agreement, nor may any waiver be deemed to be a waiver of a
subsequent right obtained by reason of the continuation of any matter previously waived.
27.
Wherever possible, each provision of this Agreement shall be interpreted in such a manner as
to be valid under applicable law, but if any provision shall be invalid or prohibited under the
law, such provision shall be ineffective to the extent of such prohibition or invalidation but
shall not invalidate the remainder of such provision or the remaining provisions.
28.
Except as otherwise provided in this Agreement, all covenants, agreements, representations
and warranties set forth in this Agreement or in any certificate or instrument executed or
delivered pursuant to this Agreement shall survive the expiration or earlier termination of this
Agreement for a period of one (1) year.
29.
Nothing contained in this Agreement shall create any partnership, joint venture or other
agreement between the Parties hereto. Except as expressly provided in this Agreement, no term
or provision of this Agreement is intended or shall be for the benefit of any person or entity
Page 9 of 11
not a party to this Agreement, and no such other person or entity shall have any right or cause
of action under this Agreement.
30.
Time is of the essence concerning this Agreement. Unless otherwise specified in this
Agreement, the term "day" as used in this Agreement means calendar day. If the date for
performance of any obligation under this Agreement or the last day of any time period provided
in this Agreement falls on a Saturday, Sunday or legal holiday, then the date for performance
or time period shall expire at the close of business on the first day thereafter which is not a
Saturday, Sunday or legal holiday.
31.
Sections and other headings contained in this Agreement are for reference purposes only and
shall not affect in any way the meaning or interpretation of this Agreement.
32.
This Agreement may be executed in two or more counterparts, each of which shall be deemed
an original but all of which together shall constitute the same instrument. Faxed, copied and
scanned signatures are acceptable as original signatures.
33.
The Parties agree to execute and/or deliver to each other such other instruments and documents
as may be reasonably necessary to fulfill the covenants and obligations to be performed by
such Party pursuant to this Agreement.
34.
The Parties hereby agree that the venue for any claim arising out of or in any way related to
this Agreement shall be Maricopa County, Arizona.
35.
This Agreement shall be governed by the laws of the State of Arizona.
36.
Unless otherwise lawfully terminated by the Parties, this Agreement expires upon completion
and acceptance of the Project and fulfillment of all terms of the Agreement.
End of Agreement - Signature Page Follows
Page 10 of 11
IN WITNESS WHEREOF, the Parties have executed this Agreement.
CITY OF GLENDALE
Recommended by:
________________________________
___________________________________
Kevin Phelps
Date
City Manager
Approved and Accepted by:
_____________________________
Jerry P. Weiers
Date
Mayor
Attest by:
_____________________________
Julie K. Bower
Date
City Clerk
APPROVAL OF CITY ATTORNEY
I hereby state that I have reviewed the proposed Intergovernmental Agreement and declare the
Agreement to be in proper form and within the powers and authority granted to the City by its
respective governing body under the laws of the State of Arizona.
_________________________
Michael Bailey, City Attorney
Signature:
RRHRRH
Deryck Lavelle (Sep 12, 2022 13:34 PDT)
09/12/2022
09/13/2022
Signature:
Email:
Signature:
Email: mailbox.city.clerk.department@phoenix.gov
Signature:
Email:
Signature:
Email:
Signature:
Email:
RoseMarie R. Horvath (Sep 6, 2022 16:09 PDT)
RoseMarie R. Horvath
rosemarie.horvath@phoenix.gov
mailbox.city.clerk.department@phoenix.gov mailbox.city.clerk.department@phoenix.gov (Sep 12, 2022 16:00 PDT)
mailbox.city.clerk.department@phoenix.gov
mailbox.city.clerk.department@phoenix.gov (Sep 14, 2022 09:25 PDT)
mailbox.city.clerk.department@phoenix.gov
mailbox.city.clerk.department@phoenix.gov