IGA with City of Phoenix
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WHEN RECORDED RETURN TO:
City of Glendale Transportation Department
INTERGOVERNMENTAL AGREEMENT BETWEEN CITY OF PHOENIX AND THE
CITY OF GLENDALE FOR THE INSTALLATION, OPERATION, AND MAINTENANCE
OF A TRAFFIC SIGNAL
AT 43RD AVENUE AND MISSOURI AVENUE
APPROVED BY THE CITY OF GLENDALE COUNCIL
ON THE __ DAY OF __________ 2026
DO NOT REMOVE
This is part of the official document
CITY OF GLENDALE TRANSPORTATION DEPARTMENT
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INTERGOVERNMENTAL AGREEMENT BETWEEN CITY OF PHOENIX AND THE
CITY OF GLENDALE FOR THE INSTALLATION, OPERATION, AND MAINTENANCE
OF A TRAFFIC SIGNAL
AT 43RD AVENUE AND MISSOURI AVENUE (SOUTH INTERSECTION)
T0505 01C
PHX-0(377)D
CIP ST89320170
(43RD AVENUE & MISSOURI AVENUE, TRAFFIC SIGNAL)
This INTERGOVERNMENTAL AGREEMENT (Agreement) is entered into this date
, between the CITY OF GLENDALE, a municipal corporation (Glendale)
and the CITY OF PHOENIX, an Arizona municipal corporation (Phoenix). Phoenix and Glendale
are collectively referred to as the Parties or individually as the Party.
STATUTORY AUTHORIZATION
1.
The Parties 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.
2.
A.R.S. section 11-952(A) provides that public agencies may enter into intergovernmental
agreements for the provision of services or for joint/cooperative actions.
PURPOSE OF THE AGREEMENT
3.
The purpose of this Agreement is to identify and define the responsibilities of the Parties for
the funding, design, procurement, construction, and perpetual maintenance of a new traffic
signal system (Traffic Signal) to be located at the 43rd Avenue and Missouri Avenue
intersection (south intersection), herein referred to as the PROJECT.
4.
The PROJECT scope includes, but is not limited to, construction of a traffic signal system,
signing, striping, intersection lighting, curb and gutter, Americans with Disabilities Act (ADA)
compliant accessible ramps and other miscellaneous construction items.
BACKGROUND
5.
The City of Phoenix submitted a grant application through the Highway Safety Improvement
Program (HSIP) Roadway Safety Program (RSP) for the construction of the PROJECT. The
City was successful in securing funding in the amount of $959,737.00, and will provide a local
match of $216,400.00, for a total of $1,176,137.00 in funding for the PROJECT.
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6.
This Agreement is contingent upon Federal Highway Administration authorization for
construction for the eligible amount described in the PROJECT details as follows:
6.1.
Fiscal Years: FY 2024 - FY2026
6.2.
Total Project Cost: $1,176,137.00
6.3.
Funding Sources:
7. Project Contact Information:
City of Glendale:
i
Name: Tony Abbo, P.E., PTOE
ii
Agency: City of Glendale
iii
Phone: (623) 930-2951 E-mail: tabbo@glendaleaz.com
City of Phoenix
i
Name: Paul W NjiRaini.
ii
Agency: City of Phoenix
iii
Phone: 602-534-7056 – E-mail: paul.njiraini@phoenix.gov
8.
Phoenix conducted a signal warrant study and determined that the placement of a signal is
warranted at the 43rd Avenue and Missouri Avenue intersection (south intersection)
9.
The Parties agree that it would be beneficial for the Traffic Signal to be installed at the 43rd
Avenue and Missouri Avenue intersection (south intersection).
10.
The northbound and southbound approaches of the intersection are within the City of Phoenix
municipal boundary. The eastbound approach of the intersection (south intersection) is located
within the City of Glendale municipal boundary.
11.
On _______________, 2026, Phoenix’s City Council approved Ordinance S-_____ as required
by A.R.S. section 11-952(F).
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TERMS OF THE AGREEMENT
12.
Responsibilities of Phoenix:
12.1. Phoenix shall administer and be responsible for the design and construction of the
PROJECT to Phoenix standards.
12.2. Phoenix shall fund the design, advertisement, procurement, and construction the
PROJECT.
12.3. Require the Contractor to apply for and obtain permits for construction and traffic
control from Glendale for any Project-related work that lies within Glendale
jurisdiction.
12.4. Be responsible for the PROJECT plan review and approval.
12.5. Be responsible for final inspection and acceptance of the PROJECT. Phoenix will
obtain concurrence from Glendale for the Glendale portion before final acceptance.
12.6. Phoenix’s contractors shall not enter another jurisdiction’s Right-of-Way unless prior
authorization is acquired.
12.7. Invite Glendale to the final PROJECT walkthrough and provide the contractor with any
punch list items that Glendale provides.
12.8. Own, maintain, and operate the proposed traffic signal system on 43rd Avenue and
Missouri Avenue intersection (south intersection).
12.9. Be responsible for all utility relocation and right-of-way acquisition should it be
required.
12.10. Pay all utility costs associated with the operations of the proposed traffic signal system
on 43rd Avenue and Missouri Avenue intersection (south intersection).
12.11. Assume all liabilities associated with the design, operation, and maintenance of the
Traffic Signal.
13.
Responsibilities of Glendale:
13.1. Shall assign a representative to review and comment on the proposed design at no cost
to the PROJECT.
13.2. Shall provide a letter concurring with the proposed design prior to the letting of the
PROJECT.
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13.3. Provide no-cost permits for construction traffic control and maintenance to Phoenix and
or its construction contractor for any PROJECT and maintenance related work that lies
within Glendale jurisdiction.
13.4. Once the construction is complete, provide Phoenix with any items that are required for
the contractor to address before the project is closed out.
13.5. Provide Phoenix a letter indicating that all items within the city of Glendale’s
jurisdiction have been addressed to Glendale’s satisfaction which will allow Phoenix to
move forward with the closeout of the project.
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 Party harmless, including any of the other
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, including but not limited to injuries or death of persons or damages to or
destruction of property, 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 executed by all of the Parties and
remain in full force and effect for 10 years, or until all stipulations previously indicated have
been satisfied. 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. Any property acquired in performance
of this Agreement shall be disposed of at termination of the Agreement pursuant to the terms
herein.
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
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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
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.
Any contractor or subcontractor who engages in for-profit activity and has 10 or more
employees, if the value of the contract is a minimum of $1,000,000, certify it is not currently
engaged in and agrees for the duration of this Agreement to not engage in, a boycott of goods
or services from Israel. This certification does not apply to a boycott prohibited by 50 U.S.C.
§ 4842 or a regulation issued according to 50 U.S.C. § 4842.
19.
Each Party warrants and certifies that no contractor or vendor under contract with the Party to
provide goods or services toward the accomplishment of the objectives of this Agreement
currently has, and for the duration of the contract will not, use:
19.1.
The forced labor of ethnic Uyghurs in the People's Republic of China.
19.2.
Any goods or services produced by the forced labor of ethnic Uyghurs in the
People's Republic of China.
19.3.
Any contractors, subcontractors or suppliers that use the forced labor or any goods
or services produced by the forced labor of ethnic Uyghurs in the People's Republic
of China.
If any Party becomes aware during the term of the Agreement that any contractor or vendor is
not in compliance with this paragraph, the Party shall notify the other Party within five business
days after becoming aware of the noncompliance. Failure of the Party to provide a written
certification that the contractor or vendor has remedied the noncompliance within one hundred
eighty (180) days after notifying the public entity of its noncompliance, this Agreement shall
terminate unless the Term of this Agreement shall end prior to said one hundred eighty (180)
day period.
20.
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.
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21.
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.
22.
All notices required under this Agreement to be given in writing shall be sent to:
City of Glendale
Attn: Transportation Director
6210 W. Myrtle Ave., Suite 112
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
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
23.
Any funding provided for in this Agreement, other than in the current fiscal year, is
contingent upon being budgeted and appropriated by the governing body of the City in such
fiscal year.
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24.
This Agreement does not imply authority to perform any tasks, or accept any responsibility,
not expressly stated in this Agreement.
25.
This Agreement does not create a duty or responsibility unless the intention to do so is clearly
and unambiguously stated in this Agreement.
26.
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.
27.
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.
28.
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.
29.
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.
30.
No supplement, modification, or amendment of this Agreement’s terms are effective unless in
writing and signed by the Parties.
31.
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.
32.
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.
33.
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.
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34.
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.
35.
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.
36.
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.
37.
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.
38.
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.
39.
This Agreement shall be governed by the laws of the State of Arizona.
40.
Unless otherwise lawfully terminated by the Parties, this Agreement will remain in effect as
long as the Traffic Signal remains operational.
End of Agreement - Signature Page Follows
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IN WITNESS WHEREOF, the Parties have executed this Agreement.
CITY OF GLENDALE
Recommended by:
_______________________________
Patrick Banger Date
City Manager
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
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CITY OF PHOENIX
Recommended by:
_______________________________
Briiana Velez P.E
Date
Street Transportation Department Director
Approved and Accepted by:
_____________________________
Ed Zuercher City Manager
Date
Attest by:
_____________________________
Clerk of the Council
Date
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.
_________________________
Donald J Baier, City Attorney