26-0011620-DIST C-CITY OF TEMPE-T0763 01D 03D 01U 01R 01C-FINAL.PDF

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ADOT CAR No.: IGA 26-0011620-I 
AG Contract No.: P0012026000287 
Project Location/Name: Broadway Rd 
55th St to Mill Ave Tempe 
Type of Work: Pavement Preservation 
Federal-aid No.: TMP-0(263)T 
ADOT Project No.: T0763 01D/03D/01U/ 
01R 
TIP/STIP No.: TMP26-520D, TMP26-
520D1, TMP26-520R, TMP26-52U 
ALN: 20.205 - Highway Planning and 
Construction 
Budget Source Item No.: 105777 
 
 
INTERGOVERNMENTAL AGREEMENT 
 
BETWEEN 
THE STATE OF ARIZONA 
AND 
THE CITY OF TEMPE 
 
 
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 TEMPE, 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 improvement to the pavement 
condition along Broadway Road from 55th Street to Mill Avenue to include sidewalk 
expansion, pedestrian ramp improvements, lighting and signal improvements, (the 
“Project”). The Project cost, shown in Exhibit A, is estimated at $925,000, which includes 
federal aid and the Local Agency’s match. The State will administer design and the Local 
Agency will administer the utility relocation and right of way acquisition. The City will 
submit eligible expended right of way and utility costs to the State for reimbursement; 
eligible utility reimbursement will not exceed $266,000 and eligible right of way 
reimbursement will not exceed $31,500. The Local Agency will advertise, bid and award,

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and administer construction of the Project in accordance with Certification Acceptance 
Agreement C2024-215. 
 
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 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 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.  
 
 
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 and the Local Agency’s 
share of the Project design costs, estimated at $141,000. 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. After receipt of the PDA costs and the Local Agency’s estimated share of the Project 
design costs, submit all required documentation pertaining to the Project to FHWA with 
the recommendation that the maximum federal funds programmed for this Project be

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approved for scoping/design. After receipt of FHWA authorization, proceed to advertise 
for and enter into contract(s) with the consultant(s) for the design and post-design of 
the Project. Should costs exceed the maximum federal funds available it is understood 
and agreed that the Local Agency will be responsible for any overage. 
 
d. On behalf of the Local Agency, prepare and provide all documents pertaining to the 
design and post-design of the Project, incorporating comments from the Local Agency, 
as appropriate. Review and approve documents required by FHWA to qualify the 
Project for and to receive federal funds. Perform tasks that may consist of, but are not 
limited to, preparation of environmental documents; analysis and documentation of 
environmental categorical exclusion determinations; geologic materials testing and 
analysis; right of way related oversight and stewardship activities; preparation of 
reports, design plans, maps, specifications and cost estimates and other related tasks 
essential to the design development of the Project. 
 
e. Within 30 days after receipt, review, and approval of invoice(s) and documentation of 
payment for utility relocation, reimburse the Local Agency for eligible costs incurred, 
not to exceed $266,000. 
 
f. 
Within 30 days after receipt, review, and approval of invoice(s) and documentation of 
payment for right of way acquisition, reimburse the Local Agency for eligible costs 
incurred, not to exceed $31,500. 
 
 
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 Local Agency’s share of 
the initial PDA costs, estimated at $9,000 and the Local Agency’s share of Project design 
costs, estimated at $141,000. 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 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 State as appropriate. 
 
d. Perform all activities required for utility relocation and submit an invoice(s) on ADOT’s 
Progress Payment Report Form, Exhibit B, attached and made part of this Agreement, 
providing all back-up documentation, to the State for review and approval, of eligible 
costs incurred by the Local Agency for relocation of utilities for the Project, less the 
Local Agency’s applicable pro-rata match, not to exceed the total federal-aid 
programmed amount of $266,000. Any costs incurred prior to the date of federal funds 
authorization are not eligible for reimbursement. 
 
e. Coordinate with the State as required for right of way acquisition activities. Perform all 
activities required for acquisition of right of way and submit an invoice(s) on ADOT’s

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Progress Payment Report Form, Exhibit B, attached and made part of this Agreement, 
providing all back-up documentation, to the State for review and approval, of eligible 
costs incurred by the Local Agency for right of way acquisition for the Project, less the 
Local Agency’s applicable pro-rata match, not to exceed the total federal-aid 
programmed amount of $31,500. Any costs incurred prior to the date of federal funds 
authorization are not eligible for reimbursement. 
 
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. Certify that the City has adequate resources to discharge the City’s real property related 
responsibilities and ensures that its Title 23-funded projects are carried out using their 
ADOT approved and certified Local Agency Right of Way Manual and that the City will 
comply with current FHWA requirements whether or not the requirements are included 
in their ADOT approved Local Agency Right of Way 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.  
 
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

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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 deposits and/or reimbursements 
are made. 
 
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.   
 
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 Project cost under this Agreement is to be covered by the 
federal funds programmed for this Project, up to the maximum available. The Local Agency

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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 
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,

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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: 
 
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 Tempe  
Shelly Seyler 
200 E. 5th Street 
Tempe, AZ 85281 
480.350.8854 
shelly_seyler@tempe.gov  
 
 
City of Tempe  
Cory Steele, PE 
200 E. 5th Street 
Tempe, AZ 85281 
480.350.8428 
cory_steele@tempe.gov  
 
 
City of Tempe  
Shelly Seyler 
200 E. 5th Street 
Tempe, AZ 85281 
480.350.8854 
shelly_seyler@tempe.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

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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 signing 
and dating of all Parties. 
 
 
CITY OF TEMPE  
 
 
 
By ______________________________________________ Date_______________ 
        COREY D. WOODS 
        Mayor 
 
ATTEST: 
 
 
By ______________________________________________ Date_______________ 
        KARA A. DeARRASTIA 
        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 Tempe, 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_______________ 
       ERIC C. ANDERSON 
      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 Tempe, 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 
 
 
T0763 01D/03D/01U/01R  
 
The Project costs are estimated as follows:*  
 
ADOT Project Development Administration (PDA) Cost: 
 
 
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   
 
 
Scoping/Design: 
 
 
Federal-aid funds @ 94.3% 
$ 329,000   
Local Agency’s match @ 5.7% 
19,887   
Local Agency’s costs @ 100% 
121,113   
 
 
Subtotal – Scoping/Design 
$ 470,000   
 
 
Utilities 
 
 
 
Federal-aid funds @ 94.3% 
$ 266,000 
Local Agency’s match @ 5.7% 
16,078 
Local Agency’s costs @ 100% 
97,922 
 
 
Subtotal - Utilities 
$ 380,000 
 
 
Right of Way Acquisition 
 
 
 
Federal-aid funds @ 94.3% 
$ 31,500 
Local Agency’s match @ 5.7% 
1,904 
Local Agency’s costs @ 100% 
11,596 
 
 
Subtotal – Right of Way Acquisition 
$ 45,000 
 
 
Estimated TOTAL Project Cost 
$ 925,000   
 
 
Total Estimated Local Agency Funds 
$ 277,500   
Total Federal Funds 
$ 647,500 
 
 
    * 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

CONTRACT PAYABLES 
PROGRESS PAYMENT REPORT  
Rev. 10/2021 
Report No. 
Check if Progress Payment: 
☐
JPA/IGA #25-0011144-I 
Check if Final Payment: 
☐
Item No. 
Progress: 
% Billed: 
% Complete: 
ADOT Project No. 
T0428 01R 
Federal Aid No. 
PEO=)(231)T 
Name of Project 
El Mirage Rd – 303L – Jomax Rd 
Name of Vendor 
The City of Peoria 
REMIT PAYMENT TO: 
Dan Nissen, 8401 W. Monroe Street, Peoria, AZ  85345 
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 
Per IGA #25-0011144-I 
Submitted By: 
Total to Date: 
Project Sponsor 
Date 
Approved By: 
Previous Accumulate Amount: 
ADOT Project Manager 
Date 
Current Request: 
IGA 25-0011144-I
EXHIBIT B