IGA with Az Dept of Transportation

City of Glendale — Regular Meeting (2025-05-13)

Extracted text (via pymupdf) 17274 characters

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ADOT CAR No.: IGA 25-0010965-I
AG Contract No.: P0012025000265
Project Location/Name: Northern Pkwy:
Dysart Rd to 143rd Ave
Type of Work: Scoping
Federal-aid No.: GLN-0(272)T
ADOT Project No.: T0652 03L
TIP/STIP No.: GLN25-270, GLN25-274
CFDA No.: 20.205 - Highway Planning and
Construction
Budget Source Item No.: 104614

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” or “Local Agency”). The State and the Local Agency 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 Local Agency is empowered by A.R.S. §48-572 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 Local Agency.

3. The work proposed under this Agreement consists of scoping services to review Highway
Safety Improvement Program (HSIP) applications to install a median cable barrier on
Northern Parkway from Dysart Road to 143rd Avenue, (the “Project” or the “Scoping”). The
Scoping also includes the determination for environmental and right of way preliminary
requirements. The Project cost, shown in Exhibit A, is estimated at $40,000, which includes
federal aid and the Local Agency‘s match. The State will administer the Scoping. Final design
and construction will be addressed in a separate agreement as applicable.

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4. The interest of the State in this Project is the acquisition of federal funds for the use and
benefit of the Local Agency and authorization of such federal funds for the Project pursuant
to federal law and regulations. The State shall be the designated agent for the Local Agency
for the Project, if the Project is approved by Federal Highway Administration (FHWA) and
funds for the Project are available.

5. The foregoing Recitals and Exhibit A 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 Parties agree:

a. The final Project amount may exceed the initial estimate(s) identified in Exhibit A, and
in such case, the Local Agency 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 Project amount and the initial estimate will be
de-obligated or otherwise released from the Project. The Local Agency acknowledges it
remains responsible for actual costs and agrees to pay according to the terms of this
Agreement.

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 Local Agency’s designated agent for the Project.

b. After this Agreement is executed, and prior to performing or authorizing any work,
invoice the Local Agency for the Local Agency’s share of the Scoping costs, estimated at
$2,280. If Scoping costs exceed the estimate prior to completion of the Project, invoice
the Local Agency for Project costs exceeding Scoping. After the Project costs are
finalized, invoice or reimburse the Local Agency for the difference between actual costs
and the amount the Local Agency has paid for Scoping.

c. After receipt of the Local Agency’s estimated share of the Project costs, 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.
Should costs exceed the maximum federal funds available it is understood and agreed
that the Local Agency will be responsible for any overage.

d. Review Project plans, cost estimates, and other such documents required for the
Project; provide comments to the Local Agency as appropriate. Review and approve
documents required by FHWA to qualify the Project for and to receive federal funds.

3. The Local Agency will:

a. Designate the State as the Local Agency’s authorized agent for the Project.

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b. Within 30 days of receipt of an invoice from the State, pay the Local Agency’s share of
Scoping costs, estimated at $2,280. Be responsible and pay for the difference between
the estimated and actual Scoping costs of the Project within 30 days of receipt of an
invoice.

c. Prepare and provide all documents pertaining to the Project.

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 Local Agency is responsible for these costs; payment for these costs
shall be made within 30 days of receipt of an invoice from the State.

e. Automatically grant to the State, by execution of this Agreement, its agents and/or
contractors, without cost, the temporary right to enter the Local Agency’s rights of way,
as required, to conduct any and all scoping related activities for the Project, on, to and
over said Local Agency’s rights of way. This temporary right will expire with completion
of the Project.

f.
Be obligated to incur any expenditure should unforeseen conditions or circumstances
increase Project costs. Be responsible for the cost of any Local Agency requested
changes to the scope of work of the Project, such changes will require State and FHWA
approval.

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.

4. Cancellation. This Agreement may be canceled at any time, so long as the canceling Party
provides at least 30 days’ 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 obligated to complete or maintain the Project.

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

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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 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 Local Agency shall be specifically named as a third-
party beneficiary. This provision may not be amended without the approval of the Local
Agency.

7. Programmed Federal Funds. The cost of scoping work under this Agreement is to be
covered by the federal funds programmed for this Project, up to the maximum available.
The Local Agency 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 Local Agency 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 Local Agency 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. Governing Law. This Agreement shall be governed by and construed in accordance with
Arizona laws.

12. Conflicts of Interest. This Agreement may be canceled in accordance with A.R.S. § 38-511.

13. 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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14. Title VI. The Local Agency acknowledges and will comply with Title VI of the Civil Rights Act
Of 1964.

15. 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.”

16. 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.

17. 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.

18. E-Verify. The Parties shall comply with the applicable requirements of A.R.S. § 41-4401.

19. Contractor Certifications. The Parties shall certify that all contractors comply with the
applicable requirements of A.R.S. §§ 35-393.01 and 35-394.

20. Other Applicable Laws. The Parties shall comply with all applicable laws, rules, regulations
and ordinances, as may be amended.

21. 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
Traffic Safety Section
1615 W Jackson Street, Mail Drop 065R
Phoenix, AZ 85007
azhsip@azdot.gov

City of Glendale
Attn: Aliudeen Khan-Abrahim
6210 W. Myrtle Avenue
Glendale, AZ 85301
623.930. 2042
aabrahim@glendaleaz.com

City of Glendale
Attn: Tony Abbo
6210 W. Myrtle Avenue
Glendale, AZ 85301
623.930.2951
tabbo@glendaleaz.com

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For Financial Administration:
Arizona Department of Transportation
Traffic Safety Section
1615 W Jackson Street, Mail Drop 065R
Phoenix, AZ 85007
azhsip@azdot.gov

City of Glendale
Attn: Purab Adabala
6210 W. Myrtle Avenue
Glendale, AZ 85301
623.930.2926
padabala@glendaleaz.com

22. 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.

23. 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.

24. 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 signing
and dating of all Parties.

CITY OF GLENDALE

By ______________________________________________ Date_______________
JERRY P. WEIERS
Mayor

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 ______________________________________________ Date_______________
AUDRA MERRICK, PE
Division Director,
Infrastructure Delivery and Operations Division

By ______________________________________________ Date_______________
IQBAL HOSSAIN, PE
Acting Multimodal Planning Division Director

This Agreement between public agencies, the State of Arizona and 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

T0652 03L

The Project costs are estimated as follows:

Scoping:

Federal-aid funds @ 94.3%
$ 37,720
Local Agency’s match @ 5.7%
2,280

Subtotal – Scoping
$ 40,000

Estimated TOTAL Project Cost
$ 40,000

Total Estimated Local Agency Funds
$ 2,280
Total Federal Funds
$ 37,720