2026-09-01_ PC 2497 -FINAL-IGA-PEORIA-TE083-L101-ICM-READINESS PROJECT.PDF
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Docusign Envelope ID: 818B96F5-BC26-88BA-8051-D478D47DEACB INTERGOVERNMENTAL AGREEMENT BETWEEN MARICOPA COUNTY AND THE CITY OF PEORIA FOR THE LOOP 101 INTEGRATED CORRIDOR MANAGEMENT (ICM) READINESS PROJECT (TE083) MAG #: MMA25-260C/C1 Fed Aid #: MMA-0(302)D CFDA #: 20.205 TRACS #: TE083 This Intergovernmental Agreement (Agreement) is between the County of Maricopa, a political subdivision of the State of Arizona (County), and the City of Peoria, a municipal corporation (City). The County and the City are collectively referred to as the Parties or individually as a Party. STATUTORY AUTHORIZATION 1. The County is authorized, pursuant to Arizona Revised Statutes (A.R.S.) § 11-251 and §§ 28-6701 et. seq., to lay out, maintain, control, and manage public roads within the County. 2. The City is authorized, pursuant to A.R.S. § 9-240 and §§ 9-276 et. seq., to lay out and establish, regulate, and improve streets within the City and to enter into this Agreement. 3. Public agencies are authorized, pursuant to A.R.S. §§ 11-951 et. seq., to enter into Intergovernmental Agreements for the provision of services or joint or cooperative action. BACKGROUND 4. In association with the Maricopa Association of Governments (MAG) System Management and Operations (SM&O) Plan, the current Project consists of procuring equipment to support Integrated Corridor Management (ICM) along Loop 101 within the City of Peoria, including enhancements to the AZTech Regional Information System (ARIS) to support the Loop 101 ICM (Project). 1 Docusign Envelope ID: 818B96F5-BC26-88BA-8051-D478D47DEACB 5. The goal of this Project is to provide improved reliability, connectivity, safety and regional operations while enhancing coordination amongst the local agencies included in the AZTech Regional Partnership. The Project will enhance the capabilities of providing real-time management for ICM traffic management and detour routing along the Loop 101 corridor by addressing existing deficiencies in infrastructure and data, thus improving corridor data availability and connectivity while supporting real-time corridor operations and coordination. This Project will involve integrating, archiving and sharing corridor arterial data, including Automated Traffic Signal Performance Measures (ATSPM) high-resolution data into the Regional Arterial Data System (RADS) platform and developing ATSPM offline analytical tools to enhance real-time traffic management. 6. Project involves the procurement of closed-circuit television cameras (CCTV) devices, detection devices, network communication devices, and/or traffic signal controllers that are inclusive of necessary hardware and software (Equipment). The City is responsible for all field infrastructure upgrades required to support the Project and will complete the installation of the procured Equipment. The final intersection locations and Equipment needs are detailed in Exhibit B, which is attached to this Agreement and incorporated by reference. The locations and Equipment shall be mutually agreed upon by the Parties and may only be amended through written agreement between the County Transportation Director, or designee, and the City Engineer, or designee, without requiring an Amendment to this Agreement. 7. Integration of new traffic signal high resolution data into the AZTech Regional ATSPM system and development of ATSPM offline analytical tools will be completed by the County as part of this Project. The existing regional ITS communications networks will be leveraged to deliver this Project. 8. The Project is funded from local and Federal funds through the MAG Transportation Improvement Program (TIP). The total Project cost in MAG TIP is $1,928,500 with a total local match for development and procurement of $224,971. The Project partners will share the procurement costs for ITS Equipment at $52,013, while MCDOT will fund the remainder of the local match for data integration and software developed at $50,958. MCDOT will also be responsible for costs accrued during the design phase of the Project. The Arizona Department of Transportation (ADOT) review fee at $10,000 will be shared amongst the Project partners. The match is shared proportionally based on the number of procured devices and unit cost amongst the Project partners in addition to the shared ADOT review fee. The full Project cost breakdown and City’s estimated cost share is detailed in Exhibit A, which is attached to this Agreement and incorporated by reference. 9. This Agreement is contingent upon the City’s compliance with the Single Audit Act of 1984 and the availability of federal funds through the MAG TIP: 2 Docusign Envelope ID: 818B96F5-BC26-88BA-8051-D478D47DEACB 9.1 Federal Contract Number: MMA-25-260C/C1 9.2 Catalog of Federal Domestic Assistance (CFDA) Number: CFDA# 20.205 9.3 Fiscal Years: FY 2027 9.4 Total Project Cost in MAG TIP: $1,928,500 9.5 Federal Obligation Award: $1,703,530 9.6 Funding Sources: 9.6.1. Congestion Mitigation and Air Quality Funds (CMAQ) – $1,928,500 Federal Highway Administration (FHWA) 9.6.2. Highway User Revenue Funds (HURF) and local revenues – $224,971 Local Match, distributed proportionally between the participating agencies. 9.6.3. The City of Peoria shall contribute the 5.7% local match requirement for Equipment it receives, as well as the $2,000 design cost contribution, for an estimated total of $10,791. 9.7 Project Contact Information: 9.7.1. Name: Alexander Lemka, TSMO Project Manager 9.7.2. Agency: Maricopa County Department of Transportation 9.7.3. Phone: 602-722-8288 9.7.4. Email: Alexander.Lemka@maricopa.gov PURPOSE OF THE AGREEMENT 10. The purpose of this Agreement is to identify the roles and responsibilities or the Parties with respect to the Project and define the cost sharing and the local match for the Project. TERMS OF THE AGREEMENT 11. Responsibilities of the County: 11.1 The County shall be the lead agency for Project design, development, and procurement. 3 Docusign Envelope ID: 818B96F5-BC26-88BA-8051-D478D47DEACB 11.2 The County shall request from the City any necessary right of way, utility and environmental clearance background information. 11.3 The County shall contribute the local match for the development costs and design currently estimated at $162,958. 11.4 The County is not contributing to procurement phase costs and will not be installing any ITS Equipment. 11.5 Upon delivery of the Equipment to the City, the County will invoice the City in the amount of the 5.7% local match requirement for all Equipment received and the $2,000 design cost contribution. 11.6 The County shall procure and deliver Equipment identified for signal enhancements to the City. The quantity and local match of Equipment may be adjusted based on grant funding, in consultation with the City. 11.7 The County shall provide Project documents to the City’s representative when completed. 12. Responsibilities of the City: 12.1 The City shall provide the County with any necessary right of way, utility, environmental, and existing equipment information to support design documentation. 12.2 Within thirty (30) days of receiving the invoice from the County, the City shall remit payment for the 5.7% local match requirement for all ITS Equipment received, as well as the $2,000 design cost contribution. The City's 5.7% local match requirement is calculated based on the grant application estimate for Equipment allocated to the City. This amount may increase if available funding and actual Equipment costs increase, or the quantity of devices allocated to the City may be adjusted to remain within available funding. The City will be invoiced for the actual 5.7% local match based on final equipment costs and quantities received. 12.3 The City shall be responsible for all aspects of Equipment installation including all field infrastructure upgrades required to support the Project and shall deploy the Equipment within six (6) months of receipt at Project locations approved for the Project by the MCDOT Project manager. If the City cannot meet the six (6) month deployment deadline, it shall notify the County in writing at least thirty (30) days prior to the deadline and request an extension with justification. Upon approval of such extension by the County, the Parties shall work together in good faith to mutually agree upon a reasonable extension period. 4 Docusign Envelope ID: 818B96F5-BC26-88BA-8051-D478D47DEACB 12.4 The City shall own, operate and maintain the Equipment installed within the City’s jurisdiction as part of this Project. 12.5 The City shall reimburse MCDOT for the Project funds expended to procure any of the Equipment not deployed as outlined in this Agreement, as referenced in Paragraph 12.3, within ninety (90) days of written notice from the County. GENERAL TERMS AND CONDITIONS 13. To the extent permitted by law, each Party will indemnify, defend, and hold the other Party harmless, including any of the Party’s departments, agencies, officers, employees, elected officials, or agents, from and against all liability, loss, expense, damage or claim of any nature whatsoever that 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, including but not limited to injuries or death of persons or damages to or destruction of property. In the event of an action, the damages that are the subject of this indemnity shall include costs, expenses of litigation, and reasonable attorney’s fees. 14. This Agreement shall become effective as of the date it is executed by all the governing bodies of the Parties and shall remain in full force and effect for ten (10) years, or until all responsibilities of the Parties in this Agreement have been completed. Any and all obligations of maintenance and indemnity 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. 15. This Agreement may be amended only upon written agreement by all Parties. 16. This Agreement is subject to the provisions of A.R.S. § 38-511. 17. The Parties warrant that they are following A.R.S. § 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 A.R.S. § 23-214(A), and shall keep a record of the verification for the duration of the employee’s employment or at least three (3) years, whichever is longer. 17.2 Any breach of the warranty shall be deemed a material breach of this Agreement of which breaching Party may be liable for penalties including termination of the Agreement. 5 Docusign Envelope ID: 818B96F5-BC26-88BA-8051-D478D47DEACB 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 that the contractor agrees to make all papers and employment records of said employee available during normal working hours 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. Any contractor or subcontractor who engages in for-profit activity and has 10 or more employees, if the value of the contract is a minimum of $1,000,000, certify it is not currently engaged in and agrees for the duration of this Agreement to not engage in, a boycott of goods or services from Israel. This certification does not apply to a boycott prohibited by 50 U.S.C. § 4842 or a regulation issued according to 50 U.S.C. § 4842. 19. Each Party warrants and certifies that no contractor or vendor under contract with the Party to provide goods or services toward the accomplishment of the objectives of this Agreement currently has, and for the duration of the contract will not, use: 19.1 The forced labor of ethnic Uyghurs in the People's Republic of China. 19.2 Any goods or services produced by the forced labor of ethnic Uyghurs in the People's Republic of China. 19.3 Any contractors, subcontractors or suppliers that use the forced labor or any goods or services produced by the forced labor of ethnic Uyghurs in the People's Republic of China. If any Party becomes aware during the term of the Agreement that any contractor or vendor is not in compliance with this paragraph, the Party shall notify the other Party within five (5) business days after becoming aware of the noncompliance. Failure of the Party to provide a written certification that the contractor or vendor has remedied the noncompliance within one hundred eighty (180) days after notifying the public entity of its noncompliance, this Agreement shall terminate unless the Term of this Agreement shall end prior to said one hundred eighty (180) day period. 20. It shall be a material breach of this Agreement for a Party to fail to observe or perform any of the material covenants, conditions or provisions of this Agreement, where such failure shall continue for a period of thirty (30) days after the non-defaulting Party provides the defaulting Party with written notice of such failure; provided, however, that such failure shall not be a Default if the defaulting 6 Docusign Envelope ID: 818B96F5-BC26-88BA-8051-D478D47DEACB Party has commenced to cure the Default within such thirty (30) day period and thereafter is diligently pursuing such cure to completion. The total aggregate cure period shall not exceed ninety (90) days unless the Parties otherwise agree in writing. In the event of Default, the non-defaulting Party, at its option, may terminate this Agreement without waiving any available remedies at law or in equity. 21. 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 jesse.gutierrez@maricopa.gov City of Peoria City of Peoria Development and Engineering Department City Attorney Attn: Director 8401 W Monroe Street 9875 North 85th Avenue Peoria, AZ 85345 Peoria, Arizona 85345 cityattorney@peoriaaz.gov enadmin@peoriaaz.gov All notices required or permitted by this Agreement or applicable law shall be in writing and may be delivered by e-mail, in person (by hand or courier) or may be sent by regular or certified mail or U.S. Postal Service Express Mail, with postage prepaid, or by commercial delivery service performed with receipt. Any notice sent by 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 the United States Express Mail or overnight delivery service that guarantees next-day delivery shall be deemed given 24 hours after delivery of the notice to the Postal Service or courier for delivery. Notice given by e-mail shall be deemed delivered one business day after the e-mail was sent. 22. Any funding provided for in this Agreement, other than in the current fiscal year, is contingent upon being budgeted and appropriated by the governing bodies of the Parties in such fiscal year. 23. This Agreement shall be construed as a whole and under its fair meaning and without regard to any presumption or other rule requiring construction against the Party drafting this Agreement. If a court of competent jurisdiction finds that any provision is invalid, all remaining provisions shall remain in full effect. 7 Docusign Envelope ID: 818B96F5-BC26-88BA-8051-D478D47DEACB 24. No waiver of any term of this Agreement shall be deemed to be a continuing waiver of such term. 25. Except as otherwise provided in this Agreement, all covenants, agreements, representations, and warranties outlined in this Agreement, or any certificate or instrument executed or delivered according to this Agreement shall survive the expiration or earlier termination of this Agreement for a period of one (1) year. 26. 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. Electric signatures are acceptable as original signatures. 27. The Parties will execute and 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 according to this Agreement. 28. The venue for any claim arising out of or in any way related to this Agreement shall be Maricopa, Arizona. 29. This Agreement shall be governed by the laws of the State of Arizona. End of Agreement - Signature Page Follows 8 Docusign Envelope ID: 818B96F5-BC26-88BA-8051-D478D47DEACB IN WITNESS WHEREOF, the Parties hereto have executed this Agreement. MARICOPA COUNTY Recommended by: _____________________________ 6/22/2026 Jesse Gutierrez, P.E. Date Transportation Director Approved and Accepted by: _____________________________ Chair 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 County by the Board of Supervisors under the laws of the State of Arizona. _________________________ 6/22/2026 Deputy County Attorney 9 Docusign Envelope ID: 818B96F5-BC26-88BA-8051-D478D47DEACB TE083 — Loop 101 ICM Readiness | EXHIBIT A Peoria I Equipment & Cost Summary | Exhibit A Local Match Equipment Type Qty Unit Cost Procurement Cost Federal Match (94.3%) Total Procurement (5.7%) Traffic Signal Controller 18 $4,200 $75,600 $4,309 $71,291 $75,600 CCTV Camera 15 $3,900 $58,500 $3,335 $55,165 $58,500 Procurement Subtotal 33 — $134,100 $7,644 $126,456 $134,100 15% Contingency — — — $1,147 $18,968 $20,115 Agency Design Contribution 1 — — $2,000 — — TOTAL 33 — $134,100 $10,791 $145,424 $156,215 Notes: Local match = 5.7% of procurement cost per grant requirements. Agency Design Contribution = $2,000 flat (100% local, separate from procurement). Federal match = 94.3% of procurement costs only. I Full Project Cost Breakout Category Local Match Federal Amount Total Materials $52,012 $860,488 $912,500 Materials Closeout $15,590 $257,910 $273,500 Construction $50,958 $843,042 $894,000 ADOT Review Fee $10,000 — $10,000 Design $112,000 — $112,000 Grand Total $240,560 $1,961,440 $2,202,000 Without Design $118,560 $1,961,440 $2,080,000 Docusign Envelope ID: 818B96F5-BC26-88BA-8051-D478D47DEACB Category Local Match Federal Amount Total Grant Application $224,970 $1,703,530 $1,928,500 TE083 – Loop 101 ICM Readiness • Peoria • Equipment Costs & Location Registry • Exhibit A & B Docusign Envelope ID: 818B96F5-BC26-88BA-8051-D478D47DEACB TE083 — Traffic Equipment Location Registry | EXHIBIT B Peoria 28 18 15 33 Locations Controllers CCTV Total Devices Adv. # Location Controller CCTV Detection Updated Latitude Longitude Detection 1 75th Avenue and Northern Ave Yes No No No No 33.552441 -112.220293 2 79th Ave and Olive Ave Yes No No No No 33.566711 -112.228557 3 79th Ave and Thunderbird Rd No Yes No No No 33.610136 -112.228842 4 83rd Ave and Northern Ave Yes No No No No 33.551970 -112.237803 5 83rd Ave and Olive Ave Yes No No No No 33.566472 -112.237731 6 83rd Ave and Oraibi Dr Yes No No No No 33.662770 -112.237709 7 83rd Ave and Thunderbird Rd No Yes No No No 33.610028 -112.237540 8 83rd Ave and Union Hills Dr No Yes No No No 33.652713 -112.237661 9 83rd Ave and Wescott Dr Yes Yes No No No 33.655434 -112.237593 10 84th Ave and Bell Rd Yes No No No No 33.638155 -112.241971 11 87th Ave and Bell Rd Yes No No No No 33.638178 -112.246317 12 87th Ave and Deer Valley Rd No Yes No No No 33.681686 -112.246447 13 87th Ave and Lake Pleasant Pkwy Yes No No No No 33.673310 -112.246425 14 87th Ave and Olive Ave Yes No No No No 33.566389 -112.246406 15 89th Ave and Union Hills Dr Yes Yes No No No 33.652662 -112.250634 16 91st Ave and Bell Rd No Yes No No No 33.638120 -112.252811 17 91st Ave and Cactus Rd No Yes No No No 33.595371 -112.255091 18 91st Ave and Northern Ave No Yes No No No 33.551733 -112.254991 19 91st Ave and Olive Ave No Yes No No No 33.566270 -112.255080 20 91st Ave and Peoria Ave Yes No No No No 33.580847 -112.255017 21 91st Ave and Thunderbird Rd Yes Yes No No No 33.609743 -112.254969 22 92nd Ave and Bell Rd Yes Yes No No No 33.638139 -112.256058 23 93rd Ave and Northern Yes Yes No No No 33.551420 -112.270361 24 94th Ave and Thunderbird Rd No Yes No No No 33.609552 -112.262614 25 95th Ave and Lake Pleasant Pkwy Yes No No No No 33.674481 -112.263711 26 Lake Pleasant Pkwy and Deer Valley Rd Yes No No No No 33.681727 -112.279797 27 Lake Pleasant Rd and Lake Pleasant Pkwy Yes No No No No 33.677738 -112.278092 28 Rio Vista Blvd and Thunderbird Rd No Yes No No No 33.609793 -112.250279 TE083 Traffic Equipment Locations • Peoria • GIS Table — Agency Breakdown