04.20.26- Revised Final For Entity Rev-26-11603.pdf

City of Buckeye — Regular Council Meeting (2026-05-19)

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ADOT CAR No.: IGA 26-0011603-I
AG Contract No.: P0012026000224
Project Location/Name: Miller Rd:
Broadway Rd To Lower Buckeye Rd
Type of Work: Road Widening
Federal-aid No.: BKY-0(217)T
ADOT Project No.: T0761 01D/01C
TIP/STIP No.: BKY26-520D/C
ALN: 20.287 – Surface Transportation
Block Program
Budget Source Item No.: 105791

INTERGOVERNMENTAL AGREEMENT

BETWEEN
THE STATE OF ARIZONA
AND
THE CITY OF BUCKEYE

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 BUCKEYE, 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 widening Miller Road from Broadway
Road to Lower Buckeye Road, including lighting and sidewalks on both sides of the
roadway, traffic signal replacement, and widening of the existing bridge over the Roosevelt
Irrigation District Canal (the “Project”). The Project cost, shown in Exhibit A, is estimated at
$9,484,620, which includes federal aid and the Local Agency‘s match. The Local Agency will
administer the design at their own cost, 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 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

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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 all Exhibits referred to herein and attached 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 Project will be completed, accepted, and paid for in accordance with the
requirements of the Project plans and specifications.

b. The final cost estimate may exceed the initial estimate identified in Exhibit A, and in
such case, the Local Agency is responsible for and agrees to pay, the difference prior to
bid advertisement.

c. 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 bid amount and the initial estimate will be de-
obligated or otherwise released from the Project. De-obligated federal aid will be
returned to the Maricopa Association of Governments (MAG). The Local Agency
acknowledges it remains responsible for actual costs and agrees to pay according to the
terms of this Agreement.

d. The Local Agency 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 Local Agency’s designated agent for the Project.

b. After this Agreement is executed, and prior to performing or authorizing any work on
the Project, invoice the Local Agency for the Local Agency’s share of the initial Project
Development Administration (PDA) costs, estimated at $9,000. If PDA costs exceed the
estimate during the development of design, notify the Local Agency, obtain concurrence
prior to continuing with the development of design, and invoice as determined by ADOT
and the Local Agency for additional costs to complete PDA for the Project. 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 PDA.

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c. After receipt of the PDA costs, 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 Local
Agency as appropriate.

d. After completion of design and prior to bid advertisement, invoice the Local Agency for
the actual PDA costs, as applicable, and the Local Agency’s share of the Project
construction costs, estimated at $2,836,386. After the Project costs for construction are
finalized, the State will either invoice or reimburse the Local Agency for the difference
between estimated and actual costs. De-obligate or otherwise release any remaining
federal funds from the scoping/design phase of the Project.

e. After receipt of the actual PDA costs, if applicable, and the Local Agency’s estimated
share of the Project construction costs, including the difference between the final and
the initial construction cost estimates, 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 Local Agency 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 the Local Agency’s
concurrence and invoice the Local Agency for the difference between the construction
cost estimate and the bid amount prior to awarding the contract.

g. Notify the Local Agency of completion and final acceptance of the Project. At such time,
file a Notice of Termination (NOT) with ADEQ transferring CGP responsibilities to the
Local Agency, and provide a copy to the Local Agency indicating that the State’s
maintenance responsibility of the Project is terminated, as applicable.

h. Notify the Local Agency of completion and final acceptance of the Project; coordinate
with the Local Agency and turn over full responsibility of the Project improvements.

i.
Not be obligated to maintain the Project, should the Local Agency fail to budget or
provide for proper and perpetual maintenance as set forth in this Agreement.

3. The Local Agency will:

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

b. Within 30 days of receipt of an invoice from the State, pay the initial PDA costs,
estimated at $9,000. Agree to be responsible for actual PDA costs, if during the
development of design, PDA costs exceed the initial estimate. Be responsible for the
difference between the estimated and actual PDA and design costs of the Project.

c. Prepare and provide 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

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for and to receive federal funds; incorporate design review comments from the State, as
appropriate.

d. Enter into an agreement with the design consultant which states that the design
consultant will provide professional post-design services as required and requested
throughout and at completion of the construction phase of the Project. After final
acceptance of the Project, provide an electronic version of the record drawings to the
ADOT Project Manager.

e. After completion of design, within 30 days of receipt of an invoice from the State and
prior to bid advertisement, pay to the State any outstanding PDA costs, the Local
Agency’s share of the Project construction costs, estimated at $2,836,386, and if
applicable, the difference between the final and initial construction cost estimates. Be
responsible for and pay the difference between the estimated construction cost and
Project bid amount prior to award. After Project completion, be responsible for and pay
any outstanding Project costs, within 30 days of receipt of an invoice.

f.
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.

g. 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 Local Agency, if applicable.

h. As applicable, the Local Agency shall certify that it has adequate resources to discharge
the Local Agency’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 it 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). Additionally the Local Agency shall certify
that all real estate related activities requiring licensure are performed by licensed
individuals as defined by the Arizona Department of Real Estate (A.R.S. §§ 32-2121 &
32-2122).

i.
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 Local Agency 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.

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j.
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 construction and preconstruction 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.

k. Investigate and document utilities within the Project limits; submit findings to ADOT
determining prior rights or no prior rights; approve a location within the final right of
way to re-establish the prior rights location for those utilities with prior rights.

l.
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. Be responsible for any contractor claims for additional compensation caused
by Project delay attributable to the Local Agency. Payment for these costs will be made
to the State within 30 days of receipt of an invoice from the State.

m. 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 a NOT with ADEQ when final stabilization is
reached, as applicable.

n. After completion and final acceptance of the Project, agree to maintain and assume full
responsibility of the Project and all Project components.

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 canceled at any time up to 30 days before the award of
the Project contract, so long as the canceling Party provides at least 30 days’ prior 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.

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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
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 design review, 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 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. Single Audit. The Local Agency 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 $1,000,000 or more (on or

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after 10/01/24) of federal assistance (federal funds, federal grants, or federal awards) must
comply by having an independent audit in accordance with §200.331 Subpart F.

12. Governing Law. This Agreement shall be governed by and construed in accordance with
Arizona laws.

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

14. 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.

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

16. 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.”

17. 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.

18. 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.

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

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

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

22. 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:

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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
PMG@azdot.gov

City of Buckeye
Attn: Deputy Director of
Transportation, John Willett
945 N. 215th Avenue, Suite 137
Buckeye, AZ 85326
623.349.6282
jwillett@buckeyeaz.gov

23. 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.

24. 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 as set forth
below.

25. 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 full
completion of signing and dating by all Parties to this Agreement.

CITY OF BUCKEYE

By _________________________________________________Date________________
ERIC ORSBORN
Mayor

ATTEST:

By _________________________________________________Date________________
LUCINDA AJA
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 Buckeye, an
agreement among public agencies which, has been reviewed pursuant to A.R.S. §§ 11-951
through 11-954 and A.R.S. § 48-572and declare this Agreement to be in proper form and within
the powers and authority granted to the City of Buckeye 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_________________
Tosca Henry
City Attorney

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ARIZONA DEPARTMENT OF TRANSPORTATION

By ______________________________Date___________
MATT MOUL, PE
Project Delivery and Operations
Division Director

This Agreement between public agencies, the State of Arizona and the City of Buckeye, 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

T0761 01D/01C

The Project costs are estimated as follows*:

ADOT Project Development Administration (PDA) Cost, non-federal-aid:

Federal-aid funds @ 94.3%
$ 21,000
Local Agency’s match @ 5.7%
1,269
Local Agency’s costs @ 100%
7,731

Subtotal – PDA
$ 30,000

Construction:**

Federal-aid funds @ 94.3%
$ 6,618,234
Local Agency’s match @ 5.7%
400,042
Local Agency’s costs @ 100%
2,436,344

Subtotal – Construction
$ 9,454,620

Estimated TOTAL Project Cost
$ 9,484,620

Total Estimated Local Agency Funds
$ 2,845,386
Total Federal Funds
$ 6,639,234

* The federal funds listed in the agreement represent a standard 94.3 percent pro rata. MAG
policies require a maximum federal contribution of 70 percent. The 100 percent local funds
listed satisfy the additional match requirements

** (Includes a minimum 20% construction engineering (CE) and administration cost (this
percentage is subject to change, any change will require concurrence from the Local Agency)
and 5% Project contingencies)