14-0004115 DIST E M MARICOPA COUNTY H8576 01D 01C MCDOT 4 30 14.DOCX

ADOT CAR No.: IGA /JPA 14-0004115-I
AG Contract No.: P001
Project: SR303L
Section: El Mirage Road Traffic
Interchange
Federal-aid No.: 303- A(215)T
ADOT Project No.: H8576 01D 01C
TIP/STIP No.: n/a
CFDA No.: 20.205 Highway Design and
Construction
Budget Source Item No.: n/a
INTERGOVERNMENTAL AGREEMENT
BETWEEN
THE STATE OF ARIZONA,
AND
THE COUNTY OF MARICOPA
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 the
COUNTY OF MARICOPA, acting by and through its BOARD OF SUPERVISORS (the “COUNTY”). The
State and the County are collectively referred to as “Parties”.
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, to enter into this Agreement
and has by resolution, or meeting minutes, a copy of which is attached hereto and made a part hereof,
resolved to enter into this Agreement on behalf of the County.
3. The State will design, advertise, award and administer construction of improvements along State
Route (SR) 303L at and along El Mirage Road. The proposed work on SR 303L will begin approximately
0.5 miles east of El Mirage Road along SR303L to approximately 1.5 miles west of El Mirage Road for
construction of a new traffic interchange at El Mirage Road. The work along El Mirage Road will begin at
approximately 0.2 miles south of the SR303L centerline to approximately 0.1 miles north of the SR303L
centerline and consists of reconstruction, widening, channelization, signage, and pavement markings
along El Mirage Road, collectively, herein after referred to as the ‘Project’. The State will obtain federal
funds for the design and construction costs associated with the Project. The County will contribute
$21,553.00 towards the design costs and $61,029.00 towards the construction costs of the Intelligent
Transportation System (ITS) infrastructure portion of the Project.
4. The Parties hereto agree to and acknowledge the following conditions: the Parties shall perform
their responsibilities consistent with this Agreement, and any change or modification to the Project will
only occur with the mutual written consent of both Parties.
THEREFORE, in consideration of the mutual agreements expressed herein, it is agreed as follows:

Page 2 IGA/JPA 14-0004115- I
II. SCOPE OF WORK
1. The State will:
a. Upon execution of this Agreement, be the designated lead agency for the Project, if the
Project is approved by FHWA and funds for the Project are available.
b. Upon execution of this Agreement, invoice the County for its share of the estimated costs
associated with the design and construction of the Project. Once the Project has been completed, the
State will either invoice or reimburse the County for the difference between estimated and actual costs of
this portion of the Project.
c. Prepare and provide the design plans, specifications and other such documents and services
required for the construction bidding and construction of the Project and provide comments to the County
as appropriate.
d. Upon FHWA approval, proceed to advertise for, receive and open bids subject to the
concurrence of the FHWA. The State will enter into a contract(s) with a firm(s) to whom the award is
made for the construction of the Project, administer contract(s) for the Project and make all payments to
the contractor(s).
e. Be granted, without cost requirements, the right to enter County right-of-way as required to
conduct any and all construction and pre-construction related activities for said Project, including without
limitation, temporary construction easements or temporary rights of entry on to and over said rights-of-
way of the County.
f. Upon completion of the Project and final inspection and acceptance of all the Project
improvements, the State will conduct a final walk through with the County for concurrence of the
construction activities. The Project will be performed, completed, accepted and paid for in accordance
with the requirements of the Project plans and specifications.
g. Invoice the County if any additional design and construction changes are requested by the
County after the Project has been awarded, which will include a fixed rate of 10% for the State’s design,
review and administration costs.
h. Grant or confirm, per established procedures of the State's Phoenix Maintenance District
Permit Office that the County has a valid annual county-wide Blanket Permit on file, for routine/normal
and emergency maintenance work provided by the County within the State's rights of way. Comply with
all applicable permit and Certificate of Insurance requirements. Agree any new construction or
installation shall require a separate permit through the State's Phoenix Maintenance District Permit
Supervisor, as per the Phoenix Maintenance District's established procedures.
i. Comply with the Manual on Uniform Traffic Control Devices (MUTCD) (latest edition as
published by the Federal Highway Administration (FHWA)) and the Arizona Supplement, as per Arizona
Revised Statutes § 28-641, during all maintenance operations conducted by the County on State
Highway rights of way. Traffic Control plans will be reviewed and/or approved by and through the Arizona
Department of Transportation (ADOT) Phoenix Maintenance District Permits Office.
2. The County will:
a. Upon execution of this Agreement and within thirty (30) days of receipt of an invoice from the
State, pay to the State $21,553.00 for the costs associated with the design and $61,029.00 for the costs
associated with the construction of the relocation and installation of conduit and fibers in the County’s

Page 3 IGA/JPA 14-0004115- I
right-of-way. Once the Project has been completed, the State will either invoice or reimburse the County
for the difference between estimated and actual costs of this portion of the Project.
b. Review the design documents required for construction of the Project and provide comments
to the State as appropriate.
c. Not permit or allow any encroachments upon or private use of the public right-of-way, except
those authorized by permit. In the event of any unauthorized encroachment or improper use, the County
shall take all necessary steps to remove or prevent any such encroachment or use.
d. Grant to the State, its agents and/or contractors, without cost, the right to enter County rights-
of-way, as required, to conduct any and all construction and preconstruction related activities for the
Project, including without limitation, temporary construction easements or temporary rights of entry on, to
and over County rights-of-way.
e. Upon completion of the Project, assume maintenance responsibility, of County ITS
infrastructure located in the State's right-of-way at its sole expense.
f. Attend monthly design progress meetings. Review the Project Documents and provide timely
review comments, as appropriate.
g. Bear all costs associated with any future relocation or removal of the County ITS
infrastructure located in the State's right-of-way.
h. Be responsible for any Consultant or contractor claims for extra compensation caused by or
attributable to the County. Pay the State within thirty (30) days from of receipt of an invoice, if applicable.
i. Upon notification from the State that the Project is complete, attend a final walk through
with the State for concurrence of the construction activities in accordance with the requirements of the
Project plans and specifications.
j. Be responsible for all costs for any additional design and construction changes requested by
the County after the Project has been awarded, which will include a fixed rate of 10% for the State’s
design, construction, review and administration costs for the Project. Pay the State within thirty (30)
days from receipt of an invoice, if applicable.
k. Obtain per established procedures of the State's Phoenix Maintenance District Permit
Office, a valid annual countywide Blanket Permit for the routine/normal maintenance and emergency
maintenance work provided by the County within the State's rights of way. Comply with all applicable
permit and Certificate of Insurance requirements. Agree, any new construction or installation shall
require a separate permit as per the Phoenix Maintenance District's established procedures, of which
may be obtained through the Phoenix Maintenance District Office referenced herein.
l. Comply with the Manual on Uniform Traffic Control Devices (MUTCD) (latest edition as
published by the Federal Highway Administration (FHWA)) during construction by the State on County
right-of-way. Traffic Control plans will be reviewed and/or approved by the County, acting through the
Maricopa County Department of Transportation (MCDOT) Traffic Management Division.
III. MISCELLANEOUS PROVISIONS
1. The terms, conditions and provisions of this Agreement shall remain in full force and effect until
completion of the Project and related deposits or reimbursement, except any provisions for maintenance

Page 4 IGA/JPA 14-0004115- I
shall be perpetual, unless assumed by another competent entity. Further, 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 or complete the 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. The County
shall require its contractors to name the State as an additional insured in the contractor's insurance
policies. The County shall also require its contractors to name the State as an additional indemnitee in
the County contracts with its contractors. 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. This Agreement shall become effective upon signing and dating of the Determination Letter by
the State’s Attorney General.
4. The cost of the project under this Agreement includes indirect costs approved by the FHWA, as
applicable.
5. 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.
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 County 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 9 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

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8. This Agreement may be cancelled in accordance with Arizona Revised Statutes § 38-511.
9. The provisions of Arizona Revised Statutes § 35-214 are applicable to this Agreement.
10. 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 09-09 issued by the Governor of the State of Arizona and incorporated herein by reference
regarding “Non-Discrimination”.
11. 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.
12. 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.
13. The Parties shall comply with the applicable requirements of Arizona Revised Statutes § 41-4401
and Title 34 of the Arizona Revised Statutes.
14. The Parties hereto shall comply with all applicable laws, rules, regulations and ordinances, as
may be amended.
15. 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:
Arizona Department of Transportation County of Maricopa
Joint Project Administration Intergovernmental Relations Branch
205 S. 17th Avenue, Mail Drop 637E 2901 W. Durango Street
Phoenix, Arizona 85007-3212 Phoenix, Arizona 85009
Fax: 602-712-3132 (602) 506-8672
FAX: (602) 506-4882
16. 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.

Page 6 IGA/JPA 14-0004115- I
IN WITNESS WHEREOF, the Parties have executed this Agreement the day and year first above written.
MARICOPA COUNTY STATE OF ARIZONA
Department of Transportation
By____________________________ By ______________________________
JOHN B. HAUSKINS, P.E. DALLAS HAMMIT, P.E
Transportation Director & County Engineer Senior Deputy State Engineer
APPROVED and Accepted by:
By ______________________________
Denny Barney, Chairman
Board of Supervisors
ATTEST:
By ______________________________
FRAN MCCARROLL
Clerk of the Board

JPA 14-0004115-I
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 Maricopa County, 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
___________________________
County Attorney