TE078 - ADOT - 06.28.24-24-9733-FINAL.PDF

Page 1 of 9 
 
ADOT CAR No.: IGA 24-0009733-I 
AG Contract No.: P0012024001272 
Project Location/Name: ASCT for West 
Valley Special Event Management 
Type of Work: Signalized Intersections 
Federal-aid No.: MMA-0(294)D 
ADOT Project No.: T0486 01C 
County Project No.: TE078 
TIP/STIP No.: MMA23-260D 
CFDA No.: 20.205 - Highway Planning and 
Construction 
Budget Source Item No.: 103092 
 
 
INTERGOVERNMENTAL AGREEMENT 
 
BETWEEN 
THE STATE OF ARIZONA 
AND 
MARICOPA COUNTY 
 
 
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 MARICOPA COUNTY, acting by and through its BOARD OF SUPERVISORS, a 
political subdivision of the State, (the “County” or “Local Agency”). The State and the County 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 County is empowered by A.R.S. § 11-251 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 County. 
 
3. The County will administer the implementation of Adaptive Signal Control Technology 
(ASCT) at approximately 16 traffic signals around the major entertainment and event 
venues of the west valley (the “Project”), as shown in Exhibit A.  The Project limits are along 
Indian School Road from 111th Avenue to State Route 101 Loop (SR101L), Camelback Road 
from 99th Avenue to 91st Avenue, Bethany Home Road from 99th Avenue to 91st Avenue, 
Maryland Avenue from 99th Avenue to 91st Avenue, Glendale Avenue from 99th Avenue to 
91st Avenue, 99th Avenue from Indian School Road to Glendale Avenue, 95th Avenue from 
Camelback Road to Glendale Avenue, and 91st Avenue from Camelback Road to Zanjero 
Boulevard. The Project is located within the City of Glendale, City of Phoenix, Maricopa 
County, and ADOT right of way. The State will contribute an amount not to exceed $10,000 
DocuSign Envelope ID: 2BD089B2-98C3-4087-A01D-58DCF8D83451

IGA 24-0009733-I 
 
 
Page 2 of 9 
 
for the signals at SR101L and Glendale Avenue and SR101L and Camelback Road, within 
ADOT’s right of way. 
 
4. The foregoing Recitals and all Exhibits referred to in and attached are 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. To collaborate Project efforts between the State and the County. 
 
b. To proceed in a manner consistent with Project objectives, including schedule, 
deliverables, and resolving any funding and resource challenges. 
 
c. Assign staff who will be responsible for contributing to the design, coordination of 
deployment, participating in the system testing and acceptance, and conduct 
maintenance and operations of the ASCT system concluding the Project. 
 
d. Through collaborative efforts jointly develop plans of collecting, processing, analyzing 
and dissemination of regional freeway and arterial data through the Regional Archived 
Data System (RADS). The plans will expand the ongoing collaboration between State 
and County in administering and maintaining the RADS services. 
 
 
2. The State will: 
 
a. Within 30 days of receiving an invoice from the County, contribute ADOT’s match 
requirement of $10,000 for the Project.  
 
b. Issue, in accordance with the established procedures of the State’s Central District 
Permit Office, a permit for the initial construction of the Project and separate permits 
for related pre-construction activities (such as pot-holing, utility work, survey etc). 
Permits will be issued when appropriate insurance documents are provided as required 
by ADOT Risk Management.   
 
c. Provide the County any necessary right of way, utility, and environmental clearance 
background information.  
 
d. Provide timely review of all design and installation documents provided by the County. 
Provide comments to the County within 30 calendar days after receiving documents for 
review from the County. 
 
e. Coordinate with the County to have an ADOT technician on-site during all installations, 
removals, maintenance, and repairs of ADOT owned and operated ATMS 
communications and peripheral equipment in or attached to ADOT owned traffic 
DocuSign Envelope ID: 2BD089B2-98C3-4087-A01D-58DCF8D83451

IGA 24-0009733-I 
 
 
Page 3 of 9 
 
signals, control cabinets, and enclosures. 
 
f. 
Upon completion of the Project, own, operate, and maintain the equipment installed 
within ADOT’s right of way as part of this Project. 
 
 
3. The County will: 
 
a. Act as the lead agency for the Project and provide certification of right of way with the 
assistance of ADOT. 
 
b. After execution of this Agreement, invoice the State in the amount of $10,000 for ADOT’s 
Project costs, for the signals within ADOT’s right of way. 
 
c. Submit an encroachment permit application with all required documentation to the 
State’s Central District Permit Office for the initial construction of the Project, and 
separate encroachment permit applications for related pre-construction activities as 
needed.  Provide appropriate insurance with each encroachment permit. 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. 
 
d. Request from ADOT any necessary right of way, utility, and environmental clearance 
background information. 
 
e. Provide design and installation documents to ADOT for review in a timely manner. 
 
f. 
After final acceptance of the Project, provide an electronic version of the record 
drawings to the ADOT Project Manager. 
 
g. 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. 
 
DocuSign Envelope ID: 2BD089B2-98C3-4087-A01D-58DCF8D83451

IGA 24-0009733-I 
 
 
Page 4 of 9 
 
4. Cancellation. This Agreement may be cancelled, 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. 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. 
 
6. 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 
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                        
 
7. Governing Law. This Agreement shall be governed by and construed in accordance with 
Arizona laws. 
 
8. Conflicts of Interest. This Agreement may be cancelled in accordance with A.R.S. § 38-511. 
 
9. 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. 
 
10. Title VI. The Local Agency acknowledges and will comply with Title VI of the Civil Rights Act 
Of 1964. 
 
11. 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.” 
 
DocuSign Envelope ID: 2BD089B2-98C3-4087-A01D-58DCF8D83451

IGA 24-0009733-I 
 
 
Page 5 of 9 
 
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. 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. 
 
14. E-Verify. The Parties shall comply with the applicable requirements of A.R.S. § 41-4401. 
 
15. Contractor Certifications. The Parties shall certify that all contractors comply with the 
applicable requirements of A.R.S. §§ 35-393.01 and 35-394.  
 
16. Other Applicable Laws. The Parties shall comply with all applicable laws, rules, regulations 
and ordinances, as may be amended. 
 
17. 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 
Operations and Traffic Safety Engineer 
1615 W Jackson St, MD 065R 
Phoenix, AZ 85007 
bdressel@azdot.gov 
602.712.2272 
 
For Financial Administration:  
Arizona Department of Transportation 
Operations and Traffic Safety Engineer 
1615 W Jackson St, MD 065R 
Phoenix, AZ 85007 
bdressel@azdot.gov 
602.712.2272 
 
 
Maricopa County 
Transportation   
Attn: Mitch Wagner 
2901 W Durango St 
Phoenix, AZ 85009 
602.506.5858 
Mitch.Wagner@maricopa.gov 
 
 
Maricopa County 
Transportation   
Attn: Stin Weber 
2901 W Durango St 
Phoenix, AZ 85009 
602.506.2879 
Stin.Weber@maricopa.gov 
 
Maricopa County 
Transportation  
Attn: Mary Ann Roder 
2901 W Durango St 
Phoenix, AZ 85009 
602.506.8644 
MaryAnn.Roder@maricopa.gov 
DocuSign Envelope ID: 2BD089B2-98C3-4087-A01D-58DCF8D83451

IGA 24-0009733-I 
 
 
Page 6 of 9 
 
18. Revisions to Contacts. Any revisions to the names and addresses above may be updated 
administratively by either Party and shall be in writing. 
 
19. 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. 
 
20. 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) 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
DocuSign Envelope ID: 2BD089B2-98C3-4087-A01D-58DCF8D83451

IGA 24-0009733-I 
 
 
Page 7 of 9 
 
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. 
 
MARICOPA COUNTY 
 
 
 
By ______________________________Date___________ 
        JESSE GUTIERREZ 
        Transportation Director 
 
 
 
Approved and accepted by: 
 
 
 
By ______________________________ Date___________ 
        JACK SELLERS  
       Chairman, Board of Supervisors 
 
 
 
 
By ______________________________ Date___________ 
        JUANITA GARZA 
        Clerk of the Board 
 
 
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 A.R.S. §§ 11-951 
through 11-954 and A.R.S. § 11-251 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. Approved 
as to Form: 
 
 
 
By ______________________________ Date___________ 
       County Attorney  
 
 
 
 
 
 
 
 
 
 
 
DocuSign Envelope ID: 2BD089B2-98C3-4087-A01D-58DCF8D83451
7/1/2024
7/9/2024

IGA 24-0009733-I 
 
 
Page 8 of 9 
 
ARIZONA DEPARTMENT OF TRANSPORTATION 
 
 
 
 
By ______________________________Date__________ 
       BRENT A. CAIN, PE 
       Transportation Systems Management and Operations Division 
       Division Director 
 
 
This Agreement between public agencies, the State of Arizona and Maricopa County, 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 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
DocuSign Envelope ID: 2BD089B2-98C3-4087-A01D-58DCF8D83451

IGA 24-0009733-I 
 
 
Page 9 of 9 
 
Exhibit A
 
 
DocuSign Envelope ID: 2BD089B2-98C3-4087-A01D-58DCF8D83451