26-0011590-Dist NC-City of Buckeye-F0879-01D 02D 02C-FINAL.pdf

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ADOT CAR No.: IGA 26-0011590-I 
AG Contract No.: P0012026000168 
Project Location/Name: SR85: Broadway 
Rd, Baseline Rd and Southern Ave 
Type of Work: Intersection Improvement  
Federal-aid No.: NA 
ADOT Project No.: F0879 01D/02D/02C 
TIP/STIP No.:       
ALN: 20.205 - Highway Planning and 
Construction 
Budget Source Item No.: 44811 
 
 
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 State will design, advertise, award and administer construction of intersection 
improvements on State Route 85 (SR85) and Broadway Road and SR85 and Baseline Road, 
(the “State’s Project”). At the request of the Local Agency, the State will also administer the 
design and construction of intersection improvements on SR85 and Southern Avenue, (the  
“City's Project”). The City’s Project includes the installation of two traffic signals and 
crossroad widening. The City's Project cost is estimated at $12,500,000, shown in Exhibit A. 
The Local Agency will be responsible for actual costs of the City’s Project. The City’s Project 
is all within State right of way and the State will assume operations and maintenance of the 
City’s Project upon completion. The State’s Project and the City's Project are collectively 
referred to as the “Project.”

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4. 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. To perform their responsibilities consistent with this Agreement; any change or 
modification to the City’s Project will only occur with the mutual written consent of 
both Parties. 
 
b. The Local Agency will be solely responsible for the costs associated with the City’s 
Project, estimated at $12,500,000. 
 
c. Any future modifications within the City’s Project limits required for transportation 
purposes and resulting in the removal or alteration of the City’s Project will have 
precedence over the City’s Project and there will be no compensation owed to the Local 
Agency. 
 
d. Should the design completion of the City’s Project not be completed at the same time as 
the State’s Project, the City’s Project will not be advertised for construction and the 
agreement could be canceled in compliance with Paragraph III.4, Cancellation. 
 
 
2. The State will: 
 
a. Execute this Agreement and be the Local Agency’s designated agent for the City’s 
Project. 
 
b. After this Agreement is executed, and prior to performing or authorizing any work, 
invoice the Local Agency  for the initial Project Development Administration (PDA) 
costs, estimated at $100,000 and the Local Agency’s share of the Project design costs, 
estimated at $900,000. 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. If design costs exceed the estimate 
prior to completion of design, invoice the Local Agency for Project costs exceeding 
design. 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 
and design. 
 
c. Prepare and provide the design plans, specifications and other such documents and 
services required for the construction bidding and construction of the City’s Project and 
incorporate comments from 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 $11,500,000. After the Project costs for construction are

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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. Utilize ADOT standard equipment for the signal and lighting at SR85 and Southern Ave. 
Be responsible for any costs associated with standard equipment or future upgrades 
and modifications to the equipment. 
 
f. 
After receipt of the Local Agency’s estimated share of the City Project construction costs, 
with FHWA authorization, proceed to administer construction: advertise, receive and 
open bids, award, and enter into a contract with the firm for the construction of the 
Project. Administer contract(s) for the Project and make all payments to the 
contractor(s). 
 
g. Notify the Local Agency of substantial completion of the Project. 
 
h. After completion and final acceptance of the Project, agree to maintain and assume full 
responsibility of the Project including all City's Project components. 
 
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 $100,000 and the City’s Project design costs, estimated at $900,000. Agree 
to be responsible for actual PDA costs, if during the development of design, PDA costs 
exceed the initial estimate. Be responsible and pay for the difference between the 
estimated and actual PDA and design costs of the Project within 30 days of receipt of an 
invoice. 
 
c. Review the design documents required for construction of the Project and provide 
comments to the State as appropriate. Work within the design timeframes set forth by 
the State to not delay the State’s Project.  
 
d.  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 City’s Project 
construction costs, estimated at $11,500,000, 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. 
 
e. Be responsible for all City Project costs incurred in performing and accomplishing the 
work as set forth under this Agreement; payment for these costs shall be made within 
30 days of receipt of an invoice from the State. 
 
f. 
Certify that all necessary rights of way have been or will be acquired prior to 
advertisement for bids and certify that all obstructions or unauthorized encroachments 
of whatever nature, either above or below the surface of the Project area, have been

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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 State’s 
Right of Way personnel during any right of way process performed by the Local Agency, 
if applicable. 
 
g. Not permit or allow any encroachments upon or private use of the public right of way, 
except those authorized by permit. Coordinate all authorized permits with ADOT prior 
to construction. 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. 
 
h. Automatically grant to the State, by execution of this Agreement, its agents and/or 
contractors, without cost, the temporary right to enter Local Agency 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 rights of way. This temporary right will 
expire with completion of the Project. 
 
i. 
Investigate and document utilities within the Project limits; submit findings to ADOT 
determining prior rights or no prior rights; approve an easement within the final right 
of way to re-establish the prior right location for those utilities with prior rights. 
 
j. 
Be obligated to incur any expenditure should unforeseen conditions or circumstances 
increase City Project costs. Should the Local Agency request changes to the scope of 
work of the City’s Project, be responsible for the cost of said Local Agency requested 
changes. 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. 
 
 
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 and/or reimbursements are made.  
Any and all obligations of maintenance thereunder 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, so long as the canceling Party 
provides at least 30 days’ written notice to the other Party. It is understood and agreed that,

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in the event the State terminates this Agreement, the State shall be responsible for all 
agreed upon amounts up to the time of termination, but is in no way obligated to fund the 
liaison position(s) past the termination date. 
 
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. 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. 
 
8. Governing Law. This Agreement shall be governed by and construed in accordance with 
Arizona laws. 
 
9. Conflicts of Interest. This Agreement may be canceled in accordance with A.R.S. § 38-511. 
 
10. 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. 
 
11. Title VI. The Local Agency acknowledges and will comply with Title VI of the Civil Rights Act 
Of 1964.

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12. 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.” 
 
13. 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. 
 
14. 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. 
 
15. E-Verify. The Parties shall comply with the applicable requirements of A.R.S. § 41-4401. 
 
16. Contractor Certifications. The Parties shall certify that all contractors comply with the 
applicable requirements of A.R.S. §§ 35-393.01 and 35-394.  
 
17. Other Applicable Laws. The Parties shall comply with all applicable laws, rules, regulations 
and ordinances, as may be amended. 
 
18. 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 
Project Management Group  
205 S. 17th Avenue, Mail Drop 614E 
Phoenix, AZ 85007 
PMG@azdot.gov 
 
 
 
 
 
 
City of Buckeye  
Attn: John Willett 
945 N. 215th Avenue, Suite 137 
Buckeye, AZ 85326 
623.640.6317 
jwillett@buckeyeaz.gov 
 
 
City of Buckeye  
Attn: John Willett 
945 N. 215th Avenue, Suite 137 
Buckeye, AZ 85326 
623.640.6317 
jwillett@buckeyeaz.gov

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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: John Willett 
945 N. 215th Avenue, Suite 137 
Buckeye, AZ 85326 
623.640.6317 
jwillett@buckeyeaz.gov 
 
19. 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. 
 
20. 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. 
 
21. 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. § 48-572 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_________________ 
       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 
F0879 01D/02D/02C 
 
ADOT Project Development Administration (PDA) Cost, non-federal aid: 
 
 
City’s Costs for City Project work @ 100% 
$ 100,000 
 
 
Design 
 
 
 
City’s Costs for City Project work @ 100% 
$ 900,000 
 
 
Construction:* 
 
 
 
City’s Costs for City Project work @ 100% 
$ 11,500,000 
 
 
Estimated TOTAL City Project Cost 
 
$ 12,500,000 
*Includes a minimum of 15% 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