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ADOT CAR No.: IGA 22-0008905-I
AG Contract No.: P0012022002094
Project Location/Name: City of El Mirage;
121st Avenue
Type of Work: Roadway Improvements
Federal-aid No.: CMAQ-ELM-0(212)T
ADOT Project No.: T0400 01D/01C
TIP/STIP No.: ELM23-230,ELM24-000
CFDA No.: 20.205 - Highway Planning and
Construction
Budget Source Item No.:
INTERGOVERNMENTAL AGREEMENT
BETWEEN
THE STATE OF ARIZONA
AND
THE CITY OF EL MIRAGE
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 THE CITY OF EL MIRAGE, 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, 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 roadway improvements proposed in this Agreement, are divided into two segments.
Segment 1 is from the City's Wastewater Treatment Plant entrance to the Cinnabar Avenue
alignment. Proposed improvements for Segment 1 include removing the existing chip seal
and constructing a minor collector roadway with 4 inch Asphaltic Cement (AC), 8 inch
Aggregate Base Course (ABC), curb, gutter, catch basins, storm drain pipes, and decomposed
granite. Segment 2 is from the Cinnabar Avenue alignment to approximately 600 feet south.
Proposed improvements for Segment 2 include constructing a minor collector roadway
with 4 inch AC, 8 inch ABC, curb, gutter, a scupper, and decomposed granite, (the “Project”).
The Project cost, shown in Exhibit A, is estimated at $915,787.00, which includes federal aid
and the Local Agency ‘s match. The Local Agency will administer the design, and the State
will advertise, bid and award, and administer the construction phase of the Project.
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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
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 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. 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 and returned to the Maricopa
Association of Governments. 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 $30,000.00. If PDA costs exceed
the estimate during the review of design, notify the Local Agency, obtain concurrence
prior to continuing with the review 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 review 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 $50,490.00. 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 $30,000.00. Agree to be responsible for actual PDA costs, if during the
review 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.
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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
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 $50,490.00, 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, certify that the Local Agency 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 they 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)
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 an easement within the final right
of way to re-establish the prior right 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 an 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 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.
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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 construction 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 $750,000.00 or more (on or
after 12/26/14) of federal assistance (federal funds, federal grants, or federal awards) are
IGA 22-0008905-I
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required to comply by having an independent audit in accordance with §200.331 Subpart F.
Either an electronic or hardcopy of the Single Audit is to be sent to Arizona Department of
Transportation Financial Management Services within the required deadline of nine months
of the sub recipient fiscal year end.
ADOT – FMS
Attn: Cost Accounting Administrator
206 S 17th Ave. Mail Drop 204B
Phoenix, AZ 85007
SingleAudit@azdot.gov
12. Governing Law. This Agreement shall be governed by and construed in accordance with
Arizona laws.
13. Conflicts of Interest. This Agreement may be cancelled 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 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 A.R.S. 35-394.
21. Other Applicable Laws. The Parties shall comply with all applicable laws, rules, regulations
and ordinances, as may be amended.
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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:
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 El Mirage
Attn: Bryce Christo
10000 N El Mirage Rd
El Mirage, AZ 85335
623.876.2974
bchristo@elmirageaz.gov
City of El Mirage
Attn: Bryce Christo
10000 N El Mirage Rd
El Mirage, AZ 85335
623.876.2974
bchristo@elmirageaz.gov
City of El Mirage
Attn: Bryce Christo
10000 N El Mirage Rd
El Mirage, AZ 85335
623.876.2974
bchristo@elmirageaz.gov
23. Revisions to Contacts. Any revisions to the names and addresses above may be updated
administratively by either Party and shall be in writing.
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 is set forth
below.
25. 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 EL MIRAGE
By _______________________________________________________ Date________________
ALEXIS HERMOSILLO
Mayor
ATTEST:
By _______________________________________________________ Date________________
SHARON ANTES
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 EL
MIRAGE, 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________________
JON PALADINI
City Attorney
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ARIZONA DEPARTMENT OF TRANSPORTATION
By ______________________________________________________ Date________________
STEVE BOSCHEN, PE
Infrastructure Delivery and Operations Division
Division Director
A.G. Contract No. P0012022002094 (ADOT IGA 22-0008905-I), an Agreement between public
agencies, the State of Arizona and the City of El Mirage, 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
T0400 01D/01C
The Project costs are estimated as follows:
ADOT Project Development Administration (PDA) Cost, non-federal-aid:
Local Agency’s costs @ 100%
$ 30,000.00
Construction:*
Federal-aid funds @ 94.3%
$ 835,297.00
Local Agency’s match @ 5.7%
$ 50,490.00
Subtotal – Construction
$ 885,787.00
Estimated TOTAL Project Cost
$ 915,787.00
Total Estimated Local Agency Funds
$ 80,490.00
Total Federal Funds
$ 835,297.00
* (Includes 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)