JPA 14-0004045-DIST EM-MCDOT-TRAFFIC MANAGEMENT OPERATIONS-MASTER-FINAL.PDF
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ADOT CAR No.: 1GA hiPA 14-0004045-1 AG Contract No.: 14-0004045-1 Project: Traffic Management & Operations Section: Various Locations Budget Source Item No.: N/A MASTER INTERGOVERNMENTAL AGREEMENT FOR TRAFFIC MANAGEMENT AND OPERATIONS BETWEEN THE STATE OF ARIZONA AND MAR1COPA COUNTY DEPARTMENT OF TRANSPORTATION (TE 023) (C-64-15- -M-00) THIS MASTER INTERGOVERNMENTAL AGREEMENT (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 (State or ADOT) and the COUNTY OF MARICOPA, a body politic (County). The County and State are collectively referred to as the Partners or individually as a Partner. 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 to enter into this Agreement and has by resolution, 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 and the County desire to set forth the general terms and conditions whereby the State and County will collaborate to execute one or more projects (with respect to each engagement "the Project"), with the specifics of each engagement to be set forth in an executed Addendum referencing this Master Agreement. Page 2 IGA/JPA 14-00040454 II. BACKGROUND 1. The Partners currently each own and operate separate Intelligent Transportation Systems (ITS). Systems are currently integrated to share information to support regional traffic operations. The integration of these systems has largely been established by the Partners. 2. The Partners recognize the extensive infrastructure and systems foundation that has been established by the Partners and agree to move forward with collaborating with each other to leverage infrastructure and systems for regional operations. 3. The Partners recognize that collaborating on ITS initiatives provides a mutual benefit and cost savings by expanding their respective systems and contributing to the regional communications effort. 4. The Partners are committed to continuing efforts associated with regional initiatives that leverage existing infrastructure and resources and implementing new initiatives to support coordinated traffic management, traveler information dissemination, and ongoing operations and maintenance. 5. The Partners are committed to continuing their leadership and participation in the AZTech Tm Regional Transportation Operations Partnership (RTOP). TERMS OF THE AGREEMENT 1. The Partners agree to: 1.1 General I. Mutually develop Intelligent Transportation Systems Projects. Such Projects under this Agreement may be proposed by either, and shall become effective, as an Addendum, upon mutual approval of ADOT Senior Deputy State Engineer and the County, acting through the Maricopa County Department of Transportation (MCDOT) Director or designee. ii. Designate in writing a person to act as the agency's representative with respect to the services to be rendered under this Agreement. Such person shall have complete authority to transmit instructions, receive information, and make or interpret the agency's decisions regarding project execution. iii. Provide all criteria and full information as to the agency's requirements, objectives, and expectations for the Project, including all numerical criteria that are to be met and all standards of development, design, or construction. iv. Assist Partner by providing information pertinent to the Project including previous reports and any other data relative to studies, design, or construction or operation of the Project. v. Arrange for access to and make all provisions for the Partner to enter upon public property as required for the Partner to perform services under this Agreement. vi. Give prompt written notice to the Partner whenever the State or the County observes or otherwise becomes aware of any development that affects the scope, timing, or payment of Partner's services. Page 3 I GA/J PA 14-00040454 1.2 Regional Systems Integration I. Through collaborative efforts between the State and County, jointly develop projects to establish and implement a regional integrated traveler information system for the multimodal traveler, and expand the transportation management system for the Phoenix metropolitan area. ii. 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. iii. Cooperate between Partners in the common goal of coordinating the traffic management systems and signals in direct consideration of a regional traffic transportation system. Allow timely access to State traffic system data bases to enhance integration into the system. Participate in the development and execution of multi-jurisdictional projects including the development and implementation of multi-jurisdictional Integrated Corridor Management (ICM) plans and the establishment of inter-operability between the State and other jurisdictions regarding traveler information, data collection/reporting efforts and compatibility of field equipment and corridor signal timing plans. iv. Share real-time CCTV camera images as described in the published AZTech Tm Center-to- Center Video Feed & Camera Control Guidelines. Any changes in permissions shall be agreed to by specified designees on behalf of Partners. v. Provide access to post messages on other Partner-owned DMS after-hours including permissions and processes for posting messages based on permissions defined for each Partner and approved use described in the published AZTech Tm Center-to-Center Dynamic Message Sign Guidelines. Any changes in permissions shall be agreed to by specified designees on behalf of Partners. 1.3 Infrastructure and Systems i. Make available to the other Partner the infrastructure and system resources in order to collaborate on efforts associated with Intelligent Transportation Systems initiatives. ii. Define and implement the mutual sharing of existing fiber communications infrastructure referencing this Agreement in the form of a detailed map (hereby known as "Infrastructure Maps") specifying, at a minimum, amount and type of item (i.e. two fiber strands, one server, or one pull box), identifying information for items (i.e. fiber #1, server Al, or pull box #32), text and geographical description of extents and location where that infrastructure exists in the Maricopa County area. Additional maps will be developed as additional resources are identified which are incorporated by reference to this Agreement. Copies of all Infrastructure Maps will be maintained by all Partners involved in infrastructure sharing or operational collaboration. iii. Operate and maintain their existing systems in a manner that supports infrastructure sharing identified in the maps described in Infrastructure Maps, unless unable to make reasonable modifications at the time of request. iv. Make available to the other Partner primary and secondary contact telephone numbers for approved agency staff to report problems with the shared infrastructure or systems. v. In the event either Partner experiences a shortage of available communications bandwidth Page 4 IGNJ PA 14-0004045-I to meet its needs at any location in its system, adjustments will be made to maintain communications to accommodate both Partners' needs as mutually agreed. vi, Neither Partner will make payments to the other Partner for the use of the resources identified in Infrastructure Maps. vii. Notify the other Partner of planned or unplanned downtime that impacts infrastructure identified in Infrastructure Maps and thereby potentially impacting associated Intelligent Transportation Systems initiatives. Notification will include detail such as the date, time, expected duration of downtime, and impacts to the Partner. viii. Replace or upgrade hardware or software owned by Partners as needed to support Intelligent Transportation Systems initiatives. ix. Maintain and provide continuous technical support of hardware or software physically in the other Partners facility as needed to support Intelligent Transportation Systems x. Ensure staff is identified to conduct basic training on systems, services, functions that apply to this Agreement when Partner requires basic training to utilize systems, services, or functions. xi. The use of infrastructure will be limited to the same level of priority as the owner utilizes the infrastructure. 1.4 Incident and Congestion Management i. Make available to the other Partner the infrastructure and system resources in order to collaborate on efforts associated with Intelligent Transportation Systems initiatives, such as Integrated Corridor Management (ICM) or incident response. ii. Provide traffic management support services for incident management purposes where agreed to by Addendum. This includes ADOT Arizona Local Emergency Response Team (ALERT) team response services on freeways and County Regional Emergency Action Coordination Team (REACT) team response services on arterials. iii. Coordinate ALERT and REACT team response services as deemed appropriate by on- scene incident commanders during incident response. iv. Designate appropriate representatives of response teams to attend collaborative discussions related to incident debriefs, AZTech T" Working Groups or Committees, or ICM discussions. v. Develop a collaborative Incident Management (IM) plan between ALERT and REACT. 1.5 AZTech Initiatives i. Continue commitment to their leadership and participation in the AZTech im regional transportation operations partnership. Each Partner will provide one representative to serve as Chair of the AZTech Executive Committee and provide collaborative AZTech Program Management leadership. Provide human resources to support AZTech collaboration as needed. ii. Develop and implement Projects that promote Integrated Corridor Management and Page 5 IGA/J PA 14-00040454 enhanced Freeway-Arterial Operation to achieve efficient and seamless transportation in the region. iii. Develop and implement Projects that advance Connected Vehicle technologies in Maricopa County region. IV. MISCELLANEOUS PROVISIONS 1. This Agreement shall be effective for a period of ten (10) years, unless amended by the Partners; provided, however that this Agreement may be cancelled at any time upon thirty (30) days written notice to the other Party. 2. The parties to this Agreement agree that the State of Arizona shall be indemnified and held harmless by the County for the vicarious liability of the State as a result of entering into this Agreement. Each party to this contract is responsible for its own negligence. 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. 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. 6. This Agreement may be cancelled in accordance with Arizona Revised Statutes § 38-511. 7. The provisions of Arizona Revised Statutes § 35-214 are applicable to this Agreement. 8. 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". 9. 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. 10. 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. 11. The Parties shall comply with the applicable requirements of Arizona Revised Statutes § 41-4401 and Title 34 of the Arizona Revised Statutes. 12. The Parties hereto shall comply with all applicable laws, rules, regulations and ordinances, as may be amended. Page 6 IGA/JPA 14-00040454 13. 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 Maricopa County Department of Joint Project Administration Transportation 205 S. 17th Avenue, Mail Drop 637E Intergovernmental Relations Phoenix, Arizona 85007 2901 West Durango Street (602) 712-7124 Phoenix, Arizona 85009 (602) 712-3132 Fax (602) 506-8672 (602) 506-4882 Fax 14. 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 STATE OF ARIZONA Department of Transportation By By JENNIFER TOTH, P.E. DALLAS HAMMIT, P.E. Transportation Director Senior Deputy State Engineer, Development Approved and Accepted by: By DENNY BARNEY, Chairman Board of Supervisors ATTEST: By Clerk of the Board JPA 14-0004045-J 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