IGA WITH CITY OF PHOENIX FOR BELL ROAD - ASCT PHASE 2.PDF

DocuSign Envelope ID: C05313C48-2753-41F7-81M-070F652FA7F5 
INTERGOVERNMENTAL AGREEMENT BETWEEN MARICOPA COUNTY 
AND THE CITY OF PHOENIXFOR THE BELL ROAD ADAPTIVE SIGNAL 
CONTROL TECHNOLOGY PHASE 2 DEPLOYMENT PROJECT 
(TE071) 
MAG #: MMA20-062 
Fed Aid #: CM MMA-0(282) D 
CFDA #: 20.205 
TRACS #: T0245 01X 
(C-64-20- 	
- M-00) 
This Intergovernmental Agreement (Agreement) is between the County of Maricopa, 
a political subdivision of the State of Arizona (County), and the City of Phoenix, (the 
City). The County and the City are collectively referred to as the Parties or 
individually as a Party. 
This Agreement shall become effective as of the date it is approved by the Maricopa 
County Board of Supervisors and the Phoenix City Council. 
STATUTORY AUTHORIZATION 
1. 
A.R.S. §§11-251 and 28-6701, et seq., authorize the County to layout, maintain, 
control and manage public roads within its respective County, to acquire and 
condemn property necessary for such purposes, and to enter into this 
Agreement. 
2. 
A.R.S. § 11-951, et seq., provides that public agencies may enter into 
Intergovernmental Agreements for the provision of services or for joint or 
cooperative action. 
BACKGROUND 
3. 
The County, acting through the Maricopa County Department of Transportation 
(MCDOT) is a co-lead of AZTech, a regional traffic management partnership in 
the Phoenix Metropolitan area that guides the application of Intelligent 
Transportation System (ITS) technologies for managing regional traffic. Through 
AZTech, the Bell Rd Adaptive Signal Control Technology (ASCT) (Phase 2) 
Deployment Project was generated. This project is an extension of the Bell Rd 
ASCT (Phase 1) Deployment Project completed in 2019. Phase 1 included

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Project Areas 1-4. The goal of Phase 2 is to expand Phase I deployment and 
provide a system with the ability to adjust signal operations in real-time, reduce 
delays, reduce travel times, improve safety to multiple modes of vehicles, 
pedestrians, transit, and emergency services, reduce vehicle emissions by 
reducing stops and delays at arterial intersections and the interchanges, improve 
cross-jurisdictional traffic flow, making travel appear seamless to the driver. 
Bell Road is identified as a key east-west arterial extending from Loop 303 on the 
west to 1-17 on the east. 
5. 
ASCT has been identified as an important tool to provide improved traffic signal 
timing adjustments in response to varying traffic volumes and congestion. 
6. 
On February 17, 2016, Maricopa County and the City of Phoenix entered into an 
Intergovernmental Agreement (C-64-16-075-M-00) that solidified each Parties 
commitment and mutual responsibilities towards Master Traffic Management and 
Operations of Integrated Corridor Management Projects. 
7. 
In association with the Maricopa Association of Governments (MAG) System 
Management and Operations (SMO) Plan, Phase 2 consists of the installation of 
ASCT at 13 signalized intersections in two distinct areas along Bell Road as 
identified below. (Areas 1-4 were completed in 2019 as part of the Bell Rd ASCT 
(Phase 1) Deployment Project) 
7.1 	
Area 5 — 2 traffic signals — Bell Road from Del Webb Blvd. to Boswell 
Blvd., connecting to the existing ASCT system to the west in City of 
Surprise and to the east in Maricopa County. 
7.2 	
Area 6 — 11 traffic signals — Bell Road from 69th Avenue to 39th Avenue, 
connecting to the existing ASCT system to the west in City of Phoenix and 
to the east in City of Phoenix. 
8. 
The project is funded from local and federal funds through the MAG 
Transportation Improvement Program (TIP). The estimated construction cost is 
$1,176,501, which is made up of federal funds of $1,109,440 and a local match 
of $67,061. 
9. 
The Project is expected to begin and in fiscal year 2021. 
10. This Agreement is contingent upon the Arizona Department of Transportation's 
(ADOT) compliance with the Single Audit Act of 1984 and the availability of 
federal funds through the MAG TIP: 
10.1 	
Federal Contract Number: CM-MMA-0(282)D 
10.2 	
Catalog of Federal Domestic Assistance (CFDA) Number: CFDA# 20.205 
10.3 	
Fiscal Years: FY 2020 
10.4 	
Total Phase 2 Project Cost: $1,176,501 
10.5 	
Federal Obligation Award: $1,109,440 
10.6 	
Funding Sources:

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i. Congestion Mitigation and Air Quality Funds (CMAQ) — 
$1,109,440 Federal Highway Administration (FHWA) 
ii. Highway User Revenue Funds (HURF) and local revenues — 
$67,061 Local Match, distributed proportionally between the 
participating agencies as follows: 
1. Maricopa County 	
2 signals 	
$10,317 
2. City of Glendale 	
8 signals 	
$41,268 
3. City of Phoenix. 	
3 signals 	
$15,476 
10.7 	
Project Contact information: 
i. Name: April Wire, Arterial Operations Program Manager 
ii. Agency: Maricopa County Department of Transportation 
iii. Phone: 602-506-7174 
iv. Email: April.Wire@mail.maricopa.gov  
PURPOSE OF THE AGREEMENT 
11. The purpose of this Agreement is to identify the roles and responsibilities of the 
Parties with respect to the Project and define the cost sharing of the local match 
for the Project. 
TERMS OF THE AGREEMENT 
12. 	
Responsibilities of Maricopa County: 
12.1 The County shall be the lead agency on all construction and 
construction management, and shall provide certification of right-of-
way with the assistance of Phoenix. 
12.2 The County shall request from Phoenix any necessary right-of-way, 
utility and environmental clearance background information. 
12.3 The County shall provide design and installation documents to Phoenix 
for review in a timely manner. 
12.4 The County shall apply for no-cost permits for Project work within 
Phoenix boundaries. 
12.5 The County shall notify and work with the appropriate City staff to 
obtain access to the City's infrastructure. 
12.6 The County shall receive and administer the project federal-aid funding 
for the duration of Phase 2. 
12.7 The County shall contribute the local match for the construction costs 
for three signals along Bell Road from 69th Avenue to 39th Avenue, 
(Area 6), currently estimated at $15,476.

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12.8 At notice to proceed, the County will invoice the City in the amount of 
$15,476 to cover the three (3) signalized intersections associated with 
Phase 2. 
12.9 The County shall provide the construction documents for the Phase 2 
to Phoenix's representative when completed. 
13. 
Responsibilities of the City of Phoenix: 
13.1 
The City shall provide the County any necessary right-of-way, utility 
and environmental clearance background information. 
13.2 The City shall provide timely review of all design and installation 
documents provided by the County. The City shall provide comments 
to the County within 30 calendar days after receiving documents for 
review from the County. 
13.3 The City shall issue the County no-cost permits for Project work within 
the City boundaries. 
13.4 The City shall have a technician on site during all installations, 
removals, maintenance and repairs of Phoenix owned and operated 
ATMS communications and peripheral equipment in or attached to 
Phoenix owned traffic signals, control cabinets and enclosures as per 
the 2016 Master Traffic Management and Operations of Integrated 
Corridor Management Projects Intergovernmental Agreement. 
13.5 Within thirty (30) days of receiving the invoice from the County, the City 
shall contribute the local match requirement of $15,476. The City shall 
own, operate and maintain the equipment installed within the City's 
jurisdiction as part of this Project upon completion of the Project. 
GENERAL TERMS AND CONDITIONS 
14. 
By entering into this Agreement, the Parties agree that to the extent permitted 
by law, each Party will defend, indemnify and save the other Parties harmless, 
including any of the Parties' departments, agencies, officers, employees, elected 
officials or agents, from and against all loss, expense, damage or claim of any 
nature whatsoever which is caused by any activity, condition or event arising out 
of the performance or nonperformance by the indemnifying Party of any of the 
provisions of this Agreement. By entering into this Agreement, each Party 
indemnifies the other against all liability (including but not limited to vicarious 
liability), losses and damages of any nature for or on account of any injuries or 
death of persons or damages to or destruction of property arising out of or in 
any way connected with the performance or nonperformance of this Agreement, 
except such injury or damage that is occasioned by the negligence of that other 
Party. The damages which are the subject of this indemnity shall include but not

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be limited to the damages incurred by any Party, its departments, agencies, 
officers, employees, elected officials or agents. in the event of an action, the 
damages which are the subject of this indemnity shall include costs, expenses 
of litigation and reasonable attorney's fees. 
15. 
This Agreement shall become effective as of the date it is approved by the 
Maricopa County Board of Supervisors and remain in full force and effect until 
all stipulations previously indicated have been satisfied except that it may be 
amended upon written Agreement by all Parties. Any Party may terminate this 
Agreement upon furnishing the other Party with a written notice at least thirty 
(30) days prior to the effective termination date. 
16. 
This Agreement shall be subject to the provisions of A.R.S. Section 38-511. 
17. 
The Parties warrant that they are in compliance with A.R.S. Section 41-4401 
and further acknowledge that: 
17.1 Any contractor or subcontractor who is contracted by a Party to 
perform work on the Project shall warrant their compliance with all 
federal immigration laws and regulations that relate to their employees 
and their compliance with the E-Verify program under A.R.S. Section 
23-214(A), and shall keep a record of the verification for the duration of 
the employee's employment or at least three years, whichever is 
longer. 
17.2 Any breach of the warranty shall be deemed a material breach of the 
contract that is subject to penalties up to and including termination of 
the contract. 
17.3 The Parties retain the legal right to inspect the papers of any contractor 
or subcontractor employee who works on the Project to ensure that the 
contractor or subcontractor is complying with the warranty above and 
to require that the contractor make all papers and employment records 
of said employee available during normal working hours in order to 
facilitate such an inspection. 
17.4 Nothing in this Agreement shall make any contractor or subcontractor 
an agent or employee of the Parties to this Agreement. 
18. 
Each Party to this Agreement warrants that neither it nor any contractor or 
vendor under contract with the Party to provide goods or services toward the 
accomplishment of the objectives of this Agreement is suspended or debarred 
by any federal agency which has provided funding that will be used in the 
Project described in this Agreement. 
19. 
Each of the following shall constitute a material breach of this Agreement and an 
event of default ("Default") hereunder: A Party's failure to observe or perform 
any of the material covenants, conditions or provisions of this Agreement to be 
observed or performed by that Party ("Defaulting Party"), where such failure 
continues for a period of thirty (30) days after the Defaulting Party receives 
written notice of such failure from the non-defaulting party provided, however,

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that such failure shall not be a Default if the Defaulting Party has commenced to 
cure the Default within such thirty (30) day period and thereafter is diligently 
pursuing such cure to completion, but the total aggregate cure period shall not 
exceed ninety (90) days unless the Parties agree in writing that additional time is 
reasonably necessary under the circumstances to cure the default. In the event 
a Defaulting Party fails to perform any of its material obligations under this 
Agreement and is in Default, the non-defaulting party, at its option, may 
terminate this Agreement. Further, upon the occurrence of any Default and at 
any time thereafter, the non-defaulting party may, but shall not be required to, 
exercise any remedies now or hereafter available to it at law or in equity. 
20. 
All notices required under this agreement to be given in writing shall be sent to: 
Maricopa County Department of Transportation 
Transportation Director 
2901 West Durango Street 
Phoenix, AZ 85009 
City of Phoenix 
Street Transportation Director 
200 West Washington Street, 5th Floor 
Phoenix, Arizona 85003 
All notices required or permitted by this Agreement or applicable law shall be in 
writing and may be delivered in person (by hand or courier) or may be sent by 
regular, certified or registered mail or U.S. Postal Service Express Mail, with 
postage prepaid, and shall be deemed sufficiently given if served in a manner 
specified in this paragraph. Either Party may by written notice to the other 
specify a different address for notice. Any notice sent by registered or certified 
mail, return receipt requested, shall be deemed given on the date of delivery 
shown on the receipt card, or if no delivery date is shown, the postmark thereon. 
If sent by regular mail, the notice shall be deemed given 72 hours after the 
notice is addressed as required in this paragraph and mailed with postage 
prepaid. Notices delivered by United States Express Mail or overnight courier 
that guarantee next day delivery shall be deemed given 24 hours after delivery 
of the notice to the Postal Service or courier. 
21. 
This Agreement does not imply authority to perform any tasks, or accept any 
responsibility, not expressly stated in this Agreement. 
22. 
This Agreement does not create a duty or responsibility unless the intention to 
do so is clearly and unambiguously stated in this Agreement. 
23. 
This Agreement does not grant authority to control the subject roadway, except 
to the extent necessary to perform the tasks expressly undertaken pursuant to 
this Agreement.

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24. 
Any funding provided for in this Agreement, other than in the current fiscal year, 
is contingent upon being budgeted and appropriated by the Maricopa County 
Board of Supervisors and the Arizona Department of Transportation in such 
fiscal year. This Agreement may be terminated by any Party at the end of any 
fiscal year due to non-appropriation of funds. 
25. 
This Agreement shall be binding upon and inure to the benefit of the Parties and 
their respective successors and assignees. Neither Party shall assign its interest 
in this Agreement without the prior written consent of the other Party. 
26. 
This Agreement and all Exhibits attached to this Agreement set forth all of the 
covenants, promises, agreements, conditions and understandings between the 
Parties to this Agreement, and there are no covenants, promises, agreements, 
conditions or understandings, either oral or written, between the Parties other 
than as set forth in this Agreement, and those agreements which are executed 
contemporaneously with this Agreement. This Agreement shall be construed as 
a whole and in accordance with its fair meaning and without regard to any 
presumption or other rule requiring construction against the party drafting this 
Agreement. This Agreement cannot be modified or changed except by a written 
instrument executed by all of the Parties hereto. Each party has reviewed this 
Agreement and has had the opportunity to have it reviewed by legal counsel. 
27. 
The waiver by any Party of any right granted to it under this Agreement is not a 
waiver of any other right granted under this Agreement, nor may any waiver be 
deemed to be a waiver of a subsequent right obtained by reason of the 
continuation of any matter previously waived. 
28. 
Wherever possible, each provision of this Agreement shall be interpreted in 
such a manner as to be valid under applicable law, but if any provision shall be 
invalid or prohibited under the law, such provision shall be ineffective to the 
extent of such prohibition or invalidation but shall not invalidate the remainder of 
such provision or the remaining provisions. 
29. 
Except as otherwise provided in this Agreement, all covenants, agreements, 
representations and warranties set forth in this Agreement or in any certificate or 
instrument executed or delivered pursuant to this Agreement shall survive the 
expiration or earlier termination of this Agreement for a period of one (1) year. 
30. 
Nothing contained in this Agreement shall create any partnership, joint venture 
or other agreement between the Parties hereto. Except as expressly provided in 
this Agreement, no term or provision of this Agreement is intended or shall be 
for the benefit of any person or entity not a party to this Agreement, and no such 
other person or entity shall have any right or cause of action under this 
Agreement. 
31. 
Time is of the essence concerning this Agreement. Unless otherwise specified 
in this Agreement, the term "day" as used in this Agreement means calendar 
day. If the date for performance of any obligation under this Agreement or the 
last day of any time period provided in this Agreement falls on a Saturday,

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Sunday or legal holiday, then the date for performance or time period shall 
expire at the close of business on the first day thereafter which is not a 
Saturday, Sunday or legal holiday. 
32. 
Sections and other headings contained in this Agreement are for reference 
purposes only and shall not affect in any way the meaning or interpretation of 
this Agreement. 
33. 
This Agreement may be executed in two or more counterparts, each of which 
shall be deemed an original but all of which together shall constitute the same 
instrument. Faxed, copied and scanned signatures are acceptable as original 
signatures. 
34. 
The Parties agree to execute and/or deliver to each other such other 
instruments and documents as may be reasonably necessary to fulfill the 
covenants and obligations to be performed by such party pursuant to this 
Agreement. 
35. 
The Parties hereby agree that the venue for any claim arising out of or in any 
way related to this Agreement shall be Maricopa County, Arizona. 
36. 
This Agreement shall be governed by the laws of the State of Arizona. 
37. 
Unless otherwise lawfully terminated by the Parties, this Agreement expires 
upon completion and acceptance of the Project and fulfillment of all terms of the 
Agreement. 
End of Agreement - Signature Page Follows

DecuSign Envelope ID: C053BC48-2753-41F7-81A4-070F652FA7F5 
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement. 
MARICOPA COUNTY 
Recommended by: 
DocuSigned by: 
,)uluAirir Ufk, 
5/13/2020 
\--rAfIrA47A6FIRO4SS 
Jennifer Toth, RE. 	
Date 
Transportation Director 
Approved and Accepted by: 
Clint L. Hickman, Chairman 	
Date 
Board of Supervisors 
Attest by: 
Clerk of the Board 	
Date 
APPROVAL OF DEPUTY COUNTY ATTORNEY 
I hereby state that I have reviewed the proposed Intergovernmental Agreement and 
declare the Agreement to be in proper form and within the powers and authority granted 
to the Maricopa County Board of Supervisors under the laws of the State of Arizona. 
	DocuSigned by: 
[ 
ciA..." 
Deputy County Attorney

DocuSign Envelope ID: C053BC48-2753-41F7-81A4-070F652FA7F5 
IN WITNESS WHEREOF, the Parties have executed this Agreement. 
CITY OF PHOENIX 
Recommended by: 
Kini Knudson. RE. 	
Date 
Street Transportation Director 
Attest by: 
City Clerk 
Date 
APPROVAL OF CITY ATTORNEY 
I hereby state that I have reviewed the proposed Intergovernmental Agreement and 
declare the Agreement to be in proper form and within the powers and authority granted 
to the Phoenix City Council under the laws of the State of Arizona. 
City Attorney 	
Date