26-0011579-Dist C-City of Buckeye-F0486 01X-FINAL.pdf
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ADOT CAR No.: IGA 26-0011579-I
AG Contract No.: P0012026000219
Project Location/Name: I-10; Jackrabbit
Trail TI
Type of Work: Staffing
Federal-aid No.: 010-B(222)T
ADOT Project No.: F0486 01X
TIP/STIP No.: DOT 222-017D
ALN: 20.205 - Highway Planning and
Construction
Budget Source Item No.: 102988
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 purpose of this Agreement is to provide a mechanism for ADOT to fund the completion
of tasks by City provided personnel, (the “Positions”) associated directly with the Interstate-
10 (I-10); Jackrabbit Trail Traffic Interchange and associated work on I-10 from Citrus Road
to State Route 85 (SR 85) as part of the Construction Manager at Risk (CMAR) construction
project, (the “Project”). The State will obtain funds to pay for the City positions, in an
amount not to exceed $350,000 per year for said tasks.
4.
The Parties will perform their responsibilities consistent with this Agreement, any change
or modification to the Project will only occur with the mutual written consent of both
parties.
5.
The foregoing Recitals and all Exhibits referred to herein and attached shall be incorporated
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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 Positions’ tasks will be related exclusively to the Project.
b. ADOT and the Local Agency will coordinate on all required duties and responsibilities of
the Positions, including but not limited to the reviewing of plans, assisting with
processing permits, providing traffic control operations and neighborhood outreach
support during the Project closures and generally facilitating coordination between
ADOT and Local Agency departments.
2. The State will:
a. Within 30 days of receipt of ADOT’s Progress Payment Report, as shown on Exhibit A,
attached and made part of this Agreement, reimburse the Local Agency on no more than
a monthly basis for required duties and responsibilities relating to the Project, as agreed
to by the Parties.
b. Direct any performance concerns to the Local Agency to address per its normal
procedure.
3. The Local Agency will:
a. Retain necessary personnel to complete the tasks as required for the duration of this
Agreement.
b. Provide all required equipment, including but not limited to phone and computer,
needed by the Positions in order to complete tasks related to the Project.
c. No more than monthly if costs are incurred, and not less than quarterly, invoice the
State, on the Progress Payment Report, as shown on Exhibit A, attached and made part
of this Agreement, for the amount agreed to by the Parties per pay period, based on a
40-hour work week and 26 pay periods per year. Include all backup documentation for
services provided with each invoice.
d. Supervise the personnel and address any performance issues using the Local Agency’s
procedure.
III. MISCELLANEOUS PROVISIONS
1. Effective Date. This Agreement shall become effective upon signing and dating of all Parties.
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2. Amendments. Any change or modification to the Agreement 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 for a term of two years or until all related and eligible reimbursements are made,
unless previously terminated or canceled as provided herein. Prior to expiration of this two
year period, the Parties may mutually agree to extend the term of the Agreement for two,
one-year extensions by entering into an amendment to this Agreement.
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 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
Positions past the termination date.
5. Indemnification. Each Party (as "Indemnitor") agrees to indemnify, defend, and hold
harmless the other Party (as "Indemnitee") from and against any and all claims, losses,
liability, costs, or expenses (including reasonable attorney's fees) (hereinafter collectively
referred to as "Claims") arising out of bodily injury of any person (including death) or
property damage, but only to the extent that such Claims which result in
vicarious/derivative liability to the Indemnitee are caused by the act, omission, negligence,
misconduct, or other fault of the Indemnitor, its officers, officials, agents, employees, or
volunteers.
6. Termination of Federal Funding. Should the federal funding related to the Positions 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.
7. Indirect Costs. The costs under this Agreement include indirect costs approved by FHWA, as
applicable.
8. 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.
9. Governing Law. This Agreement shall be governed by and construed in accordance with
Arizona laws.
10. Conflicts of Interest. This Agreement may be canceled in accordance with A.R.S. § 38-511.
11. 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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12. Title VI. The Local Agency acknowledges and will comply with Title VI of the Civil Rights Act
Of 1964.
13. 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.”
14. 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.
15. 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.
16. E-Verify. The Parties shall comply with the applicable requirements of A.R.S. § 41-4401.
17. Contractor Certifications. The Parties shall certify that all contractors comply with the
applicable requirements of A.R.S. §§ 35-393.01 and 35-394.
18. Other Applicable Laws. The Parties shall comply with all applicable laws, rules, regulations
and ordinances, as may be amended.
19. 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
Alternative Delivery and Major Projects
Attn: Steve Mishler
206 S. 17th Avenue
Phoenix, AZ 85007
mmishler2@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
Alternative Delivery and Major Projects
Attn: Steve Mishler
206 S. 17th Avenue
Phoenix, AZ 85007
mmishler2@azdot.gov
City of Buckeye
Attn: John Willett
945 N. 215th Avenue, Suite 137
Buckeye, AZ 85326
623.640.6317
jwillett@buckeyeaz.gov
20. 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.
21. 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.
22. 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 W. ORSBORN
Mayor
ATTEST:
By _________________________________________________Date________________
LUCINDA J. 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_________________
TOSCA HENRY
City Attorney
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ARIZONA DEPARTMENT OF TRANSPORTATION
By ________________________________________________Date_________________
ROBERT SAMOUR, PE
Alternative Delivery and Major Projects
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
CONTRACT PAYABLES
PROGRESS PAYMENT REPORT
Rev. 10/2021
Report No.
Check if Progress Payment:
☐
JPA/IGA # 26-0011579-I
Check if Final Payment:
☐
Item No.
Progress:
% Billed:
% Complete:
ADOT Project No.
F0486 01X
Federal Aid No.
010-B(222)T
Name of Project
I-10; Jackrabbit Trail TI
Name of Vendor
City of Buckeye
REMIT PAYMENT TO:
JPA Start Date:
Billing Period:
Contract Start Date:
Estimated Completion Date:
Project End Date:
SUMMARY OF WORK FOR WHICH PAYMENT IS REQUESTED
Items
Description
Contract
Amount
Previous
Accumulative Amount
Current
Request
Accumulative
Amount
Submitted By:
Total to Date:
Project Sponsor
Date
Approved By:
Previous Accumulate Amount:
ADOT Project Manager
Date
Current Request:
EXHIBIT A