IGA with City of Peoria

City of Glendale — Regular Meeting (2024-06-25)

Extracted text (via pymupdf) 21223 characters

INTERGOVERNMENTAL AGREEMENT
FOR INSTALLATION OF A TRAFFIC SIGNAL
AND MINOR ROADWAY IMPROVEMENTS

BETWEEN
THE CITY OF GLENDALE
AND
THE CITY OF PEORIA

THIS INTERGOVERMENTAL AGREEMENT (the “Agreement”) is entered into this _______ day
of __________________, 2024 pursuant to the Arizona Revised Statutes§§ 9-240, and 9-276, and 11-952
, as amended, between the CITY OF GLENDALE, acting by and through its MAYOR and CITY COUNCIL
("Glendale") and the CITY OF PEORIA, an Arizona municipal corporation, acting by and through its MAYOR
and CITY COUNCIL ("Peoria"). Glendale and Peoria may individually be referred to as “Party” or “Agency”,
or collectively referred to as "Parties" or “Agencies”.
I. STATUTORY AUTHORIZATION

1. Peoria is authorized, pursuant to A.R.S. §§ 9-240 and 9-276, and Article VIII, Section 1 of the Peoria
City Charter, to lay out and establish, regulate, and improve streets within the City of Peoria.

2. Glendale is empowered by Arizona Revised Statutes§§ 9-240, and 9-276 to lay out and establish,
regulate, and improve streets within the City of Glendale.

3. A.R.S. § 11-951, et seq., provides that public agencies may enter into Intergovernmental
Agreements for the provision of services or for joint or cooperative action and each of the
Parties have authorized the undersigned to execute this Agreement on behalf of each
respective Party.
II. PURPOSE

1. Glendale and Peoria are entering into this Agreement to define the funding, design,
installation, construction, and perpetual maintenance responsibilities for the proposed
traffic signal, signing, pavement markings, and other minor roadway improvements placed
along boundary roadways between Glendale and Peoria. See Exhibit A.
III. RECITALS

1. Peoria plans to install a traffic signal and minor roadway improvements at the intersection of 111th
Avenue and Northern Avenue, as depicted in Exhibit A attached hereto (the “Project”). For the
purposes of this Agreement, minor roadway improvements will consist of replacing curb ramps with
associated asphalt restoration, limited sidewalk modifications, and updating pavement markings
consistent with the installation of the traffic signal.

2. The portion of Northern Avenue within the Peoria is a paved roadway owned and operated by Peoria,
in which the jurisdictional boundary between Peoria and Glendale lies on the back/south portion of
the sidewalk on the south side of Northern Avenue where Glendale maintains a ten (10) foot strip
annexation boundary. See Exhibit A.

Glendale- Peoria Northern Ave Traffic Signal IGA

Page 2 of 9

THEREFORE, in consideration of the mutual terms expressed in this Agreement, it is agreed as follows:
IV. SCOPE OF WORK
1. Responsibilities of Peoria:
a. Act as the lead agency for all aspects of the Project, including but not limited to funding, design,
environmental clearance, permit acquisition, and construction.
b. Design and construct the Project to MAG Uniform Standard Specifications and Details for Public
Works Construction as Supplemented by City of Peoria Details for Public Works Construction.
c. Design all newly constructed sidewalks so they comply with the accessible route requirements of the
Americans with Disabilities Act (ADA).
d. Provide Glendale with copies of design plans for review and comment.
e. Apply to Glendale for no-cost traffic control permits for any necessary Project-related work
performed within the Glendale strip annexation and follow all standard Glendale permitting
procedures.
f.
Apply to Glendale for no-cost traffic control permits for any operation and maintenance work that
will impact the roadway and traffic within the Glendale strip annexation.
g. Require any contractors to apply for and obtain permits for construction and traffic control from
Glendale for any Project-related work that lies within Glendale jurisdiction.
h. Notify Peoria’s contractors that they shall not enter Glendale jurisdiction’s strip annexation except
with prior authorization.
i.
Peoria is solely responsible for all actual and incurred costs of the Project, including but not limited
to design, environmental clearance, permit acquisition, construction, and strip annexation.
j.
Peoria and its contractors shall provide performance and payment bonds and insurance certificates
to Glendale.
k. Be responsible for the final inspection and acceptance of the Project. Peoria will obtain concurrence
from Glendale for the portion of the Project-related work located within the Glendale strip
annexation before final acceptance.
l.
Assume all responsibility for costs, operation, and maintenance responsibility and associated liability
for any and all sidewalks, ramps, and traffic signals installed in the Glendale strip annexation under
this Agreement.
m. Apply to Glendale for no-cost permits and licensing for any future maintenance related to the Project
performed within Glendale’s jurisdiction.
2. Responsibilities of Glendale:

Glendale- Peoria Northern Ave Traffic Signal IGA

Page 3 of 9

a. Assign a representative to review and provide comments to Peoria within ten (10) working days of
receipt of the design plans and waive any associated plan review fees.
b. Presuming Glendale consents, provide a letter to Peoria concurring with the proposed design prior
to the commencement of the Project.
c. Issue no-cost permits to Peoria and its contractors for any necessary Project-related work performed
within the Glendale strip annexation.
d. Issue no-cost traffic control permits to Peoria and its contractors for any traffic control required as
part of regular maintenance and operations activities that will impact roadway and traffic.
e. Allow Peoria access for the operation and maintenance of the sidewalks, ramps, and traffic control
system and equipment.
V. MISCELLANEOUS PROVISIONS
1. This Agreement shall become effective upon approval of the Glendale City and Peoria City
Councils.
2. The terms, conditions, and provisions of this Agreement shall commence on the date it has been
fully executed by both Parties and shall remain in full force and effect until cancelled by either Party
after thirty (30) days’ written notice.
3. By entering into this Agreement, the Parties agree that to the extent permitted by law, each
Party will indemnify, defend, and save the other Party harmless, including any of the Party’s
departments, agencies, officers, employees, elected officials or agents, from and against all loss,
expense, damage or claim of any nature whatsoever which is caused by any activity, condition
or event arising out of the 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 against all liability (including, but not limited to, vicarious 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
occasioned by the gross 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 shall include costs, expenses of litigation
and reasonable attorney’s fees. Each Party shall provide the other a current certificate of
insurance, or proof of self-insurance (if applicable) to keep on file.
4. This Agreement shall be governed by and construed in accordance with Arizona laws.
5. This Agreement may be cancelled in accordance with Arizona Revised Statutes § 38-511.
6. The Parties warrant that they are in compliance with A-R.S. Section 41-4401 and further
acknowledge that:
a. 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.
b. 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.
c. The Parties retain the legal right to inspect the papers of any contractor or subcontractor

Glendale- Peoria Northern Ave Traffic Signal IGA

Page 4 of 9

employee who works on the Project to ensure that the contractor or subcontractor is
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.
d. Nothing in this Agreement shall make any contractor or subcontractor an agent or
employee of the Parties to this Agreement.
7. 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.
8. 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.
9. All documents referred to in this Agreement are hereby incorporated by reference into the
Agreement.
10. Non-Availability of Funds: Every obligation of the Parties 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 either Party at the end of the period for which the funds are available. No liability
shall accrue to either Party in the event this provision is exercised, and either Party shall not be
obligated or liable for any future payments as a result of termination under this paragraph. If
terminated pursuant to this Section, the Parties will be responsible for maintaining the portion of
Peoria Avenue within each Party's annexed area.
11. In the event of any controversy, which may arise out of this Agreement, the Parties agree that any
judicial action brought to enforce the terms or conditions of this Agreement shall be brought in a
court of competent jurisdiction in Maricopa County, Arizona.
12. The Parties shall comply with all applicable laws, rules, regulations and ordinances, as may be
amended.
13. This Agreement does not create a duty or responsibility unless the intention to do so is clearly and
unambiguously stated in this Agreement.
14. 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.
15. 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.
16. Except as otherwise provided herein, this Agreement may be amended or cancelled, in whole or in

Glendale- Peoria Northern Ave Traffic Signal IGA

Page 5 of 9

part, only with the mutual written consent of the Parties hereto.
17. This Agreement sets 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. Each Party has reviewed this Agreement and has had the
opportunity to have it reviewed by legal counsel.
18. The provisions of this Agreement shall be deemed severable, and the invalidity or unenforceability
of any provision shall not affect the validity or enforceability of the other provisions hereof.
19. 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.
20. 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.
21. 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 not a party to this
Agreement, and no such other person or entity shall have any right or cause of action under this
Agreement.
22. 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 Friday, 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 Friday, Saturday, Sunday or
legal holiday.
23. 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.
24. Force Majeure. Except for the duty to pay earned wages/contracted prices for goods or services
actually provided, neither Party shall be liable in any manner for any delay or failure that lasts longer
than thirty (30) days to perform its obligations under this Agreement arising out of or caused,
directly or indirectly, by circumstances beyond such Party’s reasonable control, including, without
limitation, acts of God; earthquakes; fires; floods; wars; civil or military disturbances; acts of
terrorism; sabotage; strikes; pandemics; epidemics; viral or communicable disease outbreaks;
quarantines; riots; power failures; computer failure and any such circumstances beyond a Party’s
reasonable control as may cause interruption, loss or malfunction of utility, transportation,
computer (hardware or software), or telephone communication service; accidents; labor disputes;
acts of civil or military authority; governmental emergency action; changes to applicable laws and
regulations; or inability to obtain labor, material, equipment or transportation. A Party claiming the
benefit of this provision shall, as soon as reasonably practicable after the occurrence of any such
event, (a) provide written notice to the other Party of the nature and extent of any such Force
Majeure condition; and, if practicable, (b) use commercially reasonable efforts to remove any such
causes and resume performance under this Agreement.
25. All notices or demands upon any Party to this Agreement shall be in writing and shall be delivered
in person or sent by mail, addressed as follows:

Glendale- Peoria Northern Ave Traffic Signal IGA

Page 6 of 9

City of Glendale:
City of Glendale
c/o Shahid Abbas
Director of Transportation
6210 West Myrtle Avenue, Suite 112
Glendale, Arizona 85301

With required copy to:
City Manager

City Attorney
City of Glendale

City of Glendale
5850 West Glendale Avenue
5850 West Glendale Avenue
Glendale, Arizona 85301
Glendale, Arizona 85301

City of Peoria:
City of Peoria
Director of Development and Engineering
Development and Engineering Services Director
9875 N. 85th Avenue
Peoria, Arizona 85345

With required copy to:
City Manager

City Attorney
City of Peoria

City of Peoria
8401 W. Monroe Street

8401 W. Monroe Street
Peoria, Arizona 85345
Peoria, Arizona 85345

26. In accordance with Arizona Revised Statutes § 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.
27. 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. Electronic signatures are
acceptable as original signatures.
28. The Parties will 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.

IN WITNESS WHEREOF, the Parties have executed this Agreement the day and year first above
written.

CITY OF GLENDALE

By ______________________________
KEVIN R. PHELPS
City Manager

CITY OF PEORIA

By ______________________________
HENRY DARWIN
City Manager

Glendale- Peoria Northern Ave Traffic Signal IGA

Page 7 of 9

ATTEST:

By ______________________________
Julie Bower
City Clerk
ATTEST:

By ______________________________
Agnes Goodwine
City Clerk

ATTORNEY APPROVAL FORM FOR THE CITY OF GLENDALE

I have reviewed the above referenced Intergovernmental Agreement between the CITY OF PEORIA, and the
CITY OF GLENDALE, an agreement among public agencies which, has been reviewed pursuant to Arizona
Revised Statutes§§ 9-240, and 9-276, and 11-952 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.

DATED this __________________ day of __________________, 2024.

___________________________

Michael D. Bailey City Attorney

ATTORNEY APPROVAL FORM FOR THE CITY OF PEORIA

I have reviewed the above referenced Intergovernmental Agreement between the CITY OF GLENDALE, and
the CITY OF PEORIA, an agreement among public agencies which, has been reviewed pursuant to Arizona
Revised Statutes§§ 9-240, and 9-276, and 11-952 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.

DATED this __________________ day of __________________, 2024.

___________________________

Emily Jurmu, City Attorney

Glendale- Peoria Northern Ave Traffic Signal IGA

Page 8 of 9

EXHIBIT A
Project

Glendale- Peoria Northern Ave Traffic Signal IGA

Page 9 of 9

Peoria
Glendale
Unincorporated
Maricopa County
Legend
Areas of Construction
Parcels
Jurisdiction
Glendale
Unincorpoated Maricopa
County
Peoria
0
250
125
Feet
Service Layer Credits: Maricopa County Assessor
I
Glendale Annexation Strip (20’)
Glendale Annexation Strip (20’)
Jurisdictional boundary
back of curb
Jurisdictional boundary
back of curb
Northern Ave
Northern Ave
111th Ave
111th Ave