BELL ROAD ASMT JPA WITH ADOT SIGNED BY JT.PDF

ADOT CAR No.: IGA /JPA 14-0004451
AG Contract No.: P0012014003210
Project: Adaptive Traffic Signal Control
Technology Development Project
Section: Various Locations
Federal-aid No.: CM MMA-0(246)0
ADOT Project No.: SZ087 01 C
TIP/STIP No.: MMA15-461
CFDA No.: 20.205 - Highway Planning
and Construction
Budget Source Item No.: N/A
INTERGOVERNMENTAL AGREEMENT
BETWEEN
THE STATE OF ARIZONA
AND
MARICOPA COUNTY
(C-64-15- __ -M-00)
THIS AGREEMENT is entered into this date , 2014, pursuant to
the Arizona Revised Statutes §§ 11-951 through 11-954, as amended, between the STATE OF
ARIZONA, acting by and through its DEPARTMENT OF TRANSPORTATION (the "State") and
MARICOPA COUNTY, acting by and through its BOARD OF SUPERVISORS (the "County"). The State
and the County are collectively referred to as the "Parties" or individually as a "Party".
I. RECITALS
1. The State is empowered by Arizona Revised Statutes § 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 County is empowered by Arizona Revised Statutes § 11-251 et.seq. to enter into this
Agreement for the provision of services or for joint or cooperative action.
3. The purposes of this Agreement are to identify the roles and responsibilities for the Parties with
respect to the Project and define the cost sharing of the local match for the Project.
II. BACKGROUND
1. The County, acting through the Maricopa County Department of Transportation (MCDOT) and the
State, are members of the regional traffic management and traveler information system known as
AZTech™ (AZTech). Led by the State and MCDOT, AZTech develops and supports traffic management
projects along many of the Valley's heavily traveled roadways.
2. Bell Road and its extension as Frank Lloyd Wright Boulevard is ·identified as a key east-west
arterial extending from SR 303L on the west to SR 101 Lon the east.
3. Adaptive Traffic Signal Control Technology (ASCT) has been identified as an important tool to
provide improved traffic signal timing adjustments in response to varying traffic volumes and congestion.

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4. In association with the AZTech program, the current Project consists of the installation of adaptive
traffic signal control technology at 52 signalized intersections in four (4) distinct areas along Bell Road
and Frank Lloyd Wright Boulevard as identified below:
4.1 Area 1 - 7.0 miles - 21 intersections - Bell Road from Cotton Lane, through Avenue of
the Arts/1141h Avenue, including SR 303L & Grand Avenue (US 60).
4.2 Area 2 - 3.4 miles - 13 intersections - Bell Road from 991h Avenue, through 73'' Avenue,
including SR 101 L.
4.3 Area 3 - 3.2 miles - 10 intersections - Frank Lloyd Wright from Scottsdale Road, through
Thompson Peak Parkway, including SR 101 L.
4.4 Area 4 - 2.0 miles - 8 intersections - Bell Road from 351h Avenue, through 19th Avenue,
including 1-17.
5. Associated with the AZTech Program, this Project is part of an ongoing joint effort by the County
and the State to provide for the efficient management of traffic on Bell Road and Frank Lloyd Wright
Boulevard in Maricopa County.
6. The Project is funded from local and federal funds. The estimated construction cost is $2,455,000
with federal funds of $2,315,065 and a local match of $139,935.
7. This Agreement is contingent upon the availability of federal funds through the MAG TIP:
7.1 Federal Contract Number: CM-MMA-0(246)D
7.2 Catalog of Federal Domestic Assistance (CFDA) Number: CFDA# 20.205
7.3 Fiscal Years: FY 2015
7.4 Total Project Cost: $2,455,000
7.5 Federal Obligation Award: $2,315,065
7.6 Funding Sources:
i. Congestion Mitigation and Air Quality Funds (CMAQ) - $2,315,065 Federal Highway
Administration (FHWA).
ii. Highway User Revenue Funds (HURF) and local revenues - $139,935 - Local
Match - distributed proportionally between the participating agencies: Arizona Department of
Transportation (ADOT), Peoria, Glendale, Phoenix, Surprise, Scottsdale and the County. Independent
of this agreement the County has commitment letters from other participating agencies.
7.7 Project Contact Information:
Name: Paul Porell, Project Manager
Agency: Maricopa County Department of Transportation
Phone: 602-506-7174
Email: PaulPorell@mail.maricopa.gov

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Ill. TERMS OF THE AGREEMENT
1. The County shall:
1.1 Be the lead agency on all construction and construction management, and shall provide
certification of right-of-way with the assistance of the State.
1.2 Coordinate local match contributions from local agencies.
1.3 Request from the State any necessary right-of-way, utility and environmental clearance
background information.
1.4 Provide design and installation documents to the State for review in a timely manner.
1.5 Apply for no-cost permits for Project work within the State boundaries.
1.6 Contribute the local match for the construction costs for, three (3) County signals,
estimated at $7,695.00 and four (4) State signals, estimated at $10,260.00 in exchange for in-kind
services. This includes one (1) signal along Bell Road between Cotton Lane and Avenue oftheArts/1141h
Avenue (Area 1), four (4) signals along Bell Road between ggth Avenue and 73'' Avenue (Area 2), and
two (2) signals along Bell Road between 351h Avenue and 19 1 h Avenue (Area 4), with a total contribution
currently estimated at $17,955.00.
i. State Intersections are located at:
1.1 Bell Road and Grand Avenue
2.1 Bell Road and SR 101 L (Agua Fria Freeway)
3.1 Bell Road and 1-17 West Ramp
4.1 Bell Road and 1-17 East Ramp
1.7 Contribute the balance necessary to meet the total federally-mandated local match of 5.7
percent of the total construction cost of the Project, if the sum of the local match contributions provided by
all of the participating agencies participating agencies is insufficient, currently estimated at a balance of
$6,555.00.
1.8 Provide the construction documents for the Project to the State's representative when
completed.
1.9 Request and maintain, per established procedures of the State's Phoenix District Permit
Office, a valid blanket Encroachment Permit for the routine/normal maintenance and emergency
maintenance work provided by the County within the State's rights-of-way as may be applicable. Agree to
obtain separate permits for any new construction and/or installations in accordance with the Phoenix
District established procedures. The County agrees all activities performed by the County under this
Agreement shall be set forth in and covered by the appropriate Encroachment Permit.
2. The State shall:
2.1 Provide the County any necessary right-of-way, utility and environmental clearance
background information.
2.2 Provide timely review of all design and installation documents provided by the County.
The State shall provide comments to the County within 30 calendar days after receiving documents for
review from the County.

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2.3 Own, operate and maintain the equipment installed within the State's jurisdiction as part
of this Project upon completion of the Project.
2.4 Be responsible for restoring ASCT functionality in the interest of regional corridor
operations, in the event of any modifications to the signal configuration.
2.5 Provide the in-kind service of replacing the existing two (2) signal controllers at the 1-
17/Bell Road Interchange with a single controller before the construction begins, in exchange for the
County's contribution in the State's portion of the local match for the construction costs.
2.6 Issue, per established procedures of the State's Phoenix Maintenance District Office, a
valid blanket Encroachment Permit for the routine/normal maintenance and emergency maintenance
work to be provided by the County within the State's rights-of-way. Process any other Encroachment
Permits that may be needed to work within the State's right-of-way to effectively meet the obligations set
forth for the County in this Agreement. The State agrees all activities that are reasonably required to be
performed by the County under this Agreement shall be set forth in and covered by the appropriate
Encroachment Permit.
IV. GENERAL TERMS AND CONDITIONS
1. The terms, conditions and provisions of this Agreement shall remain in full force and effect until
completion of said Project and related deposits or reimbursement, except any provisions for maintenance
shall be perpetual, unless assumed by another competent entity. This Agreement may be cancelled at
any time prior to the award of the Project construction contract, upon thirty (30) days written notice to the
other Party. It is understood and agreed that, in the event the County terminates this Agreement, the
County will 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 County terminates this Agreement, the State shall in no way
be obligated to maintain said Project.
2. The State assumes no financial obligation or liability under this Agreement, or for any resulting
construction Project. The County, in regard to the County's relationship with the State only, assumes full
responsibility for the design, plans, specifications, reports, the engineering in connection therewith and
the construction of the improvements contemplated, cost over-runs and construction claims. It is
understood and agreed that the State's participation is confined solely to securing federal aid on behalf of
the County and the fulfillment of any other responsibilities of the State as specifically set forth herein; that
any damages arising from carrying out, in any respect, the terms of this Agreement or any modification
thereof shall be solely the liability of the County and that to the extent permitted by law, the County
hereby agrees to save and hold harmless, defend and indemnify from loss the State, any of its
departments, agencies, officers or employees from any and all costs and/or damage incurred by any of
the above and from any other damage to any person or property whatsoever, which is caused by any
activity, condition, misrepresentation, directives, instruction or event arising out of the performance or
non-performance of any provisions of this Agreement by the State, any of its departments, agencies,
officers and employees, or its independent contractors, the County, any of its agents, officers and
employees, or its independent contractors. Costs incurred by the State, any of its departments, agencies,
officers or employees shall include in the event of any action, court costs, and expenses of litigation and
attorneys' fees.
3. The cost of construction and construction engineering work under this Agreement is to be
covered by the federal funds set aside for this Project, up to the maximum available. The County
acknowledges that the eventual actual costs may exceed the maximum available amount of federal
funds, or that certain costs may not be accepted by the federal government as eligible for federal funds.
Therefore, the County agrees to pay the difference between actual Project costs and the federal funds
received.

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4. 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.
5. The cost of the project under this Agreement includes indirect costs approved by FHWA, as
applicable.
6. 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 Town 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.
7. The County acknowledges compliance with federal laws and regulations and may be subject to
the Office of Management and Budget (OMB), Single Audit, Circular A-133 (Audits of States, Local
Governments, and Non-Profit Organizations). Entities that expend $500,000.00 or more (prior to
12/26/14) and $750,000.00 or more (on or after 12/26/14) of federal assistance (federal funds, federal
grants, or federal awards) are required to comply by having an independent audit. 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 (9) months of the sub recipient fiscal year end.
ADOT-FMS
Attn: Cost Accounting Administrator
206 S 1 ih Ave. Mail Drop 2048
Phoenix, AZ 85007
Sing leAud it@azdot.gov
8. This Agreement shall become effective upon signing and dating of the Determination Letter by
the State's Attorney General.
9. This Agreement may be cancelled in accordance with Arizona Revised Statutes § 38-511.
10. To the extent applicable under law, the provisions set forth in Arizona Revised Statutes §§ 35-
214 and 35-215 shall apply to this Agreement.
11. 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 herein by reference
regarding "Non-Discrimination".
12. 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.
13. In the event of any controversy, which may arise out of this Agreement, the Parties hereto agree
to abide by required arbitration as is set forth for public works contracts in Arizona Revised Statutes§ 12-
1518.
14. The Parties shall comply with the applicable requirements of Arizona Revised Statutes § 41-
4401.

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15. The Parties hereto shall comply with all applicable laws, rules, regulations and ordinances, as
may be amended.
16. All notices or demands upon any Party to this Agreement shall be in writing and shall be
delivered in person or sent by mail, addressed as follows:
For Agreement Concerns: Maricopa County Department
Arizona Department of Transportation of Transportation
Joint Project Administration Attn: Intergovernmental Relations
205 S. 1 ?'h Avenue, Mail Drop 637E 2901 West Durango Street
Phoenix, Arizona 85007 Phoenix, Arizona 85009
(602) 712-7124 (6020 506-8672
(602) 712-3132 Fax
For Project Concerns:
Arizona Department of Transportation
Attn: Stephanie Wilhardt-Smith
206 South 1 ?'h Avenue, MD EM01
Phoenix, AZ 85003
17. In accordance with Arizona Revised Statutes § 11-952 (D) attached hereto and incorporated
herein is the written determination of each Party's legal counsel and that the Parties are authorized under
the laws of this State to enter into this Agreement and that the Agreement is in proper form.
IN WITNESS WHEREOF, the Parties have executed this Agreement the day and year first above written.
MARICOPA COUNTY ST ATE OF ARIZONA
Department of Transportation
DALLAS HAMMIT, P.E.
Senior Deputy State Engineer, Development
Approved and Accepted by:
By~~~~~~~~~~~~~
DENNY BARNEY, Chairman
Board of Supervisors
ATTEST:
By~~~~~~~~~~~~~
Clerk of the Board

JPA 14-0004451-1
ATTORNEY APPROVAL FORM FOR THE COUNTY OF MARICOPA
I have reviewed the above referenced Intergovernmental Agreement between the State of
Arizona, acting by and through its DEPARTMENT OF TRANSPORTATION, and the COUNTY OF
MARICOPA, an Agreement among public agencies which, has been reviewed pursuant to Arizona
Revised Statutes§§ 11-951 through 11-954 and declare this Agreement to be in proper form and within
the powers and authority granted to the County under the laws of the State of Arizona.
No opinion is expressed as to the authority of the State to enter into this Agreement.
DATED this ________ day of _______ , 2014.
Deputy County Attorney