12.30.25-FINAL-23-9334-Buckeye-F0486.pdf

City of Buckeye — Regular Council Meeting (2026-02-03)

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ADOT CAR No.: IGA 23-0009334-I
AG Contract No.: P0012025000772
Project Location/Name: Jackrabbit Trail TI
Type of Work: Reconstruct Traffic
Interchange
Federal-aid No.: 010-B(222)T
ADOT Project No.: F0486 01C; Phase I
TIP/STIP No.: DOT222-017D
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 State will design, advertise, bid and award and administer construction of a Traffic
Interchange (TI) at the Interstate 10 (I-10) and Jackrabbit Trail Intersection, (the “Project”).
The State will obtain federal funds for the design and construction associated with the
Project. The State’s Project traverses through the City of Buckeye, shown in Exhibit A. It is to
the mutual benefit of the State and the City to enter into an Agreement to specify each
Party’s maintenance responsibilities at completion of the Project. This Agreement will
establish roadway operation and maintenance, landscape operation and maintenance, as
well as signal and lighting operation and maintenance responsibilities within the areas
shown on Exhibit B.

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4. After final acceptance of the Project, the State will abandon ownership, jurisdiction, and
maintenance responsibilities of the right of way, shown in Exhibit C to the Local Agency,
with the approval of the State Transportation Board. The Local Agency agrees to waive the
requirements of A.R.S. § 28-7209.

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 Local Agency will be responsible for any associated costs of aesthetic enhancements
that are beyond ADOT's baseline features as outlined in ADOT Aesthetic Guidelines July
2021.

b. The State will retain access control within the area of abandonment, as shown on
Exhibit A.

2. The State will:

a. Prepare and provide the design plans, specifications and other such documents and
services required for the construction bidding and construction of the Project and
incorporate comments from the City as appropriate.

b. Utilize City standard equipment for the signal and lighting at I-10 and Jackrabbit Trail.
Not be responsible for any costs associated with City standard equipment or future
upgrades and modifications to the equipment.

c. Provide fiber, six strands on the north side of the I-10 and six strands on the south side
of I-10, for communications in the I-10 Freeway Management System (FMS) conduit to
the Local Agency for the Local Agency’s sole use.

d. Coordinate transfer of traffic signal timing and operations of the I-10 and Jackrabbit
Trail TI to the City at completion of the Project.

e. Issue, in accordance with the established procedures of the State’s Central District
Permit Office, a permit on a yearly basis for routine maintenance and emergency work.
Routine maintenance and emergency work will be defined within the permit. Permits
will be issued when appropriate insurance documents are provided as required by
ADOT Risk Management.

f.
After final acceptance of the Project by ADOT, with approval by Resolution of the State
Transportation Board, abandon and transfer ownership, jurisdiction, and maintenance
responsibilities of the area as depicted in Exhibit C to the City.

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g. Notify the Local Agency of final inspection and acceptance of the Project; coordinate
with the Local Agency and turn over maintenance responsibilities as defined in this
Agreement.

3. The City will:

a. Review the design plans, specifications, cost estimates and other such documents
required for the construction bidding and construction of the Project, including design
plans and documents; provide design review comments to the State as appropriate.

b. 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.

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

d. 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.

e. Should the City request changes to the scope of work of the Project, be responsible for
the cost of said City 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 City. Payment for these costs will be made to the
State within 30 days of receipt of an invoice from the State.

f.
Submit an encroachment permit application with all required documentation to the
State’s Central District Permit Office for routine maintenance and emergency work.
Provide appropriate insurance with each encroachment permit once, then annually for
the maintenance and emergency work, to keep that permit valid. Notify the State’s
Central District Permit Office of any emergency maintenance work affecting the State
right of way. Submit an encroachment permit application for any new construction or
installation.

g. In coordination with the State and throughout the construction phase of the Project,
inspect all Project improvements that the Local Agency will own, operate and maintain.

h. After final inspection and acceptance of the Project, assume maintenance
responsibilities within the area identified on Exhibit B including performing any non-
structural repairs and routine/minor maintenance to City standard at its sole expense.
Routine/minor maintenance includes, but is not limited to, pathways, sidewalks, curb
and gutter, drainage basins and catch basins, pedestrian access ramps, medians, signing,
striping, leveling/grinding of the Asphalt Concrete (AC) at the Portland Cement

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Concrete Pavement (PCCP), signals, City utility lines, sweeping, removal of non-
hazardous spills and debris, graffiti removal, and litter and trash removal (four 50-
gallon bag limit/clean-up). The repairs or maintenance performed shall not compromise
the safety and structural stability of the State facilities.

i.
Assume the routine/minor maintenance responsibilities at crossroads and/or
intersections, which may require homeless encampment cleanup. As part of the
routine/minor maintenance responsibilities at these locations, the City will perform
cleanup of any material that will generally fit into 50-gallon bags. The State will perform
cleanup of any material at these locations that are deemed to be hazardous materials or
oversized materials that would not fit into 50-gallon bags.

j.
After final inspection and acceptance of the Project, be responsible for landscape
maintenance of all features and surfaces within the defined areas of the City’s
responsibility, as shown in Exhibit B, in accordance with accepted horticultural
practices, keeping all areas free of weeds, undesirable grasses and litter, furnishing and
applying insecticide/herbicide sprays and dust to combat diseases and other pests,
pruning and replanting as required to maintain the landscaping.

k. Have sole access to six strands of fiber on the north side of the I-10 and six strands of
fiber on the south side of the I-10 for the purpose of communications in the I-10 FMS
conduit; not lease said fiber to any other agency, private company or jurisdiction during
the life of this Agreement.

l.
Assume traffic signal timing, maintenance, and operations of traffic signals at I-10 and
Jackrabbit Trail TI at completion of the Project. Maintenance includes but is not limited
to, replacement and/or repair of all damaged traffic signal equipment, including
knockdowns, and maintenance of the traffic signal equipment.

m. Notify the State’s Traffic Operations Center (TOC) immediately of any Hazardous
Material Incidents, the uncontrolled, un-permitted release or potential release of
hazardous materials that may present an imminent and substantial danger to the
public’s health or welfare, or to the environment, occurring within the areas of State-
owned rights of way, designated as City’s responsibility as shown in Exhibit B.

n. Keep detailed maintenance records, including but not limited to date, time, and type of
work performed on ADOT right of way, which will be made available to the State upon
request.

o. Provide the State with the cost of replacement or conversation and the cost of
installation of the replacement of all materials and/or equipment that does not meet
State standards, if the City no longer wishes to maintain the materials/equipment.

p. Be responsible for the maintenance and electrical power for the roadway and
underdeck lighting along Jackrabbit Trail, maintenance includes but is not limited to,
replacement and/or repair of all damaged roadway lighting equipment, including
knockdowns, and maintenance of street and underdeck lighting.

q. Waive the requirements of A.R.S. § 28-7209.

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r. After final acceptance of the Project by the State and approval by Resolution of the State
Transportation Board, accept ownership, jurisdiction, and maintenance responsibilities
of the area depicted in Exhibit B.

s. Within the area of abandonment, as depicted in Exhibit C, Right of Way to be
Abandoned, the State shall retain existing access control and ownership of all overhead
sign structures for the State transportation system, if any; and shall reserve a perpetual
easement for ingress, egress and maintenance of said structures serving the State
transportation system.

t.
Comply with the latest edition Manual on Uniform Traffic Control Devices (MUTCD)
published by the Federal Highway Administration (FHWA) and adopted by ADOT, as per
A.R.S. § 28-641, when performing any work under this Agreement. Traffic Control plans
will be processed through the State’s Central District Permits Office.

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 cancelled at any time up to 30 days before the award
of the Project contract, so long as the cancelling 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.

5. Indemnification. For Project work being done within City right of way, 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

IGA 23-0009334-I

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

12. Conflicts of Interest. This Agreement may be cancelled 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.

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

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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
Project Management Group
205 S. 17th Avenue, Mail Drop 614E
Phoenix, AZ 85007
PMG@azdot.gov

For Financial Administration:

City of Buckeye
Attn: John Willett
530 E. Monroe Avenue
Buckeye, AZ 85326
623.349.6282
jwillett@buckeyeaz.gov

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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
530 E. Monroe Avenue
Buckeye, AZ 85326
623.349.6282
jwillett@buckeyeaz.gov

22. Revisions to Contacts. Any revisions to the names and addresses above may be updated
administratively by either Party and shall be in writing.

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 using
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_________________
AUDRA MERRICK, PE
Project Delivery and Operations Division
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

ONLY
ONLY
ONLY
ONLY
ONLY
ONLY ONLY
ONLY
ONLY
ONLY
ONLY

I-10 EB
New City of Buckeye R/W
New ADOT R/W
Exst ADOT R/W and Access Control
Exst ADOT R/W And Access Control
Exst ADOT R/W and Access Control
Ram p A
Ram p D
Ram p C
ACCESS CONTROL
EXHIBIT A - JACKRABBIT TRAIL
0
100
200
Scale
262'
Control
Exst Access
288'
990'
Access Control
Proposed Full
502'
245'
Access Control
Proposed Full
Access Control
Right In, Right Out
Proposed
1307'
111'
Control
Exst Access
334'
LEGEND
PCCP Pavement
AC Pavement
Concrete Sidewalk/ Median
Proposed Bridge
Proposed Median
City of Buckeye Improvements
Existing Right-of-Way
New Right-of-Way
New Access Control
Existing Access Control
430'
623'
Access Control
Right In, Right Out
Proposed
407'
Access Control
Proposed Full
Control
Exst Access
Control
Exst Access
Access Control
Proposed Full
Access Control
to acquire
COB
Exst City of Buckeye R/W
New ADOT R/W
Exst ADOT R/W and Access Control
Exst City of Buckeye R/W
Exst City of Buckeye R/W
Exst City of Buckeye R/W
Ram p B
Jackrabbit Trail
Jackrabbit Trail
194th Ave
194th Ave
McDowell Rd
I-10 WB

IGA 23-0009334 - Exhibit A

I-10 EB
New City of Buckeye R/W
New ADOT R/W
Exst ADOT R/W
Exst ADOT R/W
Exst ADOT R/W
Exst ADOT R/W
AC
PCCP
PCCP
AC
AND MAINTENANCE LIMITS
OWNERSHIP, JURISDICTION
EXHIBIT B - JACKRABBIT TRAIL
ADOT Maintenance Limits
City of Buckeye Maintenance Limits
0
100
200
Scale
6415
6425
6430
6430
6425
6415
6420
New ADOT R/W
Exst City of Buckeye R/W
Exst City of Buckeye R/W
Buckeye R/W
Exst City of
Exst ADOT R/W
Buckeye R/W
Exst City of
Exst ADOT R/W
Exst City of Buckeye R/W
Exst City of Buckeye R/W
Responsibilities
of Additional Maintenance
See IGA for Clarification
Maintenance Responsibilities
See IGA for Clarification of Additional
Maintenance Responsibilities
See IGA for Clarification of Additional
Ram p B
Jackrabbit Trail
Jackrabbit Trail
McDowell Rd
Ram p A
Ram p D
Ram p C
I-10 WB
6420
85
90
95
100
105
110
115

6420

IGA 23-0009334 - Exhibit B

95th Ave
_V
FH
_V
_V
_V
_V
FH
_V
_V
_V
_V
_V
_V
_V
_V
_V
_V
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
PP
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P P
P
P
P
P
P
P
P

I-10 EB
New ADOT R/W
Exst ADOT R/W
Exst ADOT R/W
Exst ADOT R/W
Ram p A
Ram p D
Ram p C
Exst ADOT R/W
TO CITY OF BUCKEYE
RIGHT OF WAY ABANDONED
EXHIBIT C
0
100
200
Scale
6415
6425
6430
6430
6425
6415
6420
New ADOT R/W
COMPLETION OF CONSTRUSTION PROJECT
R/W AREA TO BE RETAINED BY ADOT AFTER
32
33
4
5
Exst City of Buckeye R/W
Exst City of Buckeye R/W
Exst City of Buckeye R/W
Exst ADOT R/W
Buckeye R/W
Exst City of
Buckeye R/W
Exst City of
Exst ADOT R/W
Exst City of Buckeye R/W
AFTER COMPLETION OF PHASE ONE CONSTRUCTION PROJECT
TO BE TRANSFERRED BY ABANDONMENT TO THE CITY OF BUCKEYE
NEW R/W TO BE ACQUIRED IN FEE BY ADOT AND EXISTING R/W
UTILIZED BY ADOT DURING CONSTRUCTION
EXISTING CITY OF BUCKEYE R/W TO BE
AFTER COMPLETION OF PHASE TWO CONSTRUCTION PROJECT
BE TRANSFERRED BY ABANDONMENT TO THE CITY OF BUCKEYE
NEW R/W TO BE ACQUIRED IN FEE BY ADOT AND TO
PCCP Limits
PCCP Limits
JACKRABBIT TRAIL CST CL 86+07.68
BEGIN PHASE 1 CONSTRUCTION
JACKRABBIT TRAIL CST CL STA 107+02.00
END PHASE 1 CONSTRUCTION
Proposed Drainage Basin
New PUE
Easement
New Drainage
AFTER COMPLETION OF PHASE TWO CONSTRUCTION PROJECT
BE TRANSFERRED BY ABANDONMENT TO THE CITY OF BUCKEYE
NEW R/W TO BE ACQUIRED IN FEE BY ADOT AND TO
AFTER COMPLETION OF PHASE TWO CONSTRUCTION PROJECT
TRANSFERRED BY ABANDONMENT TO THE CITY OF BUCKEYE
NEW EASEMENT TO BE ACQUIRED BY ADOT AND TO BE
Ram p B
Jackrabbit Trail
Jackrabbit Trail
McDowell Rd
I-10 WB
6420
85
90
95
100
105
110
115

6420

IGA 23-0009334 - Exhibit C